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Proceeding International Conference Restructuring and Transforming Law
Published by Universitas Muhammadiyah Surakarta
ISSN : -     EISSN : 2963931X     DOI : -
Core Subject :
International Conference Restructuring and Transforming Law is a international conference to identify the transforming and restructuring law strategy for finally find solution based. In conclusion, the public had basic tendencies and patterns towards law have been revealed. A pandemic that is followed by a crisis creates a situation when society and the law are transformed according to social change. Legal transformation and restructuring is a challenge that emerged during and after the pandemic as a consequence of the social changes that occurred in society.
Arjuna Subject : -
Articles 389 Documents
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Islamic Inheritance Law Policies Viewed from The Perspective of Gender Justice according to Applicable Regulations in Indonesia Salwa Billa Mirza Ridwan
Proceeding International Conference Restructuring and Transforming Law 2024: Proceeding International Conference Restructuring and Transforming Law (Special Issue)
Publisher : Universitas Muhammadiyah Surakarta

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As a country where the majority of the population is Muslim, it is possible that many members of the community use the Islamic legal system. But along with the times characterized by progress and technology, the principles of Islamic law continue to progress rapidly and always follow the changing times for the benefit of people in the world. Without distinguishing between men and women. In Indonesian legal literature, the word "inheritance" is often used. The word comes from Arabic but in practice it is more commonly called "Heritage". The verb form is Warastra Yasiru and the masdar word is Miras. There are three other masdar according to the science of sasaf, namely wirsan, wirasatan and irsan. While the word inheritance is a person who gets inheritance or heirloom. From the description of the discussion above, it can be concluded that Islamic Inheritance Law has accommodated the principle of gender justice law.
Aspects of Sharia Legal Maqashid Syariah and Qawaidul Fiqhiyyahin Property Finance in Sharia Housing Cases Meliana Murti Prakastiwi
Proceeding International Conference Restructuring and Transforming Law 2024: Proceeding International Conference Restructuring and Transforming Law (Special Issue)
Publisher : Universitas Muhammadiyah Surakarta

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In meeting the need for housing, low-income people find it very difficult to own a house with cash. The development product was originally a conventional product, namely KPR, but in sharia banking the system used is profit sharing/margin so it is without usury. The focus of this paper discusses how maqashid sharia and qawaidul fiqhiyyah review sharia mortgages which are currently one of the favorite products in sharia banking. The author uses a normative juridical method, namely research law using secondary data sources. Normative, because this research will examine secondary data starting from a review of maqashid sharia and qawaidul fiqhiyyah in the field of sharia banking, especially sharia mortgages. Operationally, normative juridical research is carried out by library research facilities. The results of this research are that sharia mortgages are permitted because they are part of the implementation of sharia objectives or maqashid sharia in terms of protecting family and property. Likewise, it is also assessed that home ownership is a basic need for every human being, that with the existence of sharia mortgages it can provide benefits for Muslims in general, according to qawaidul fiqhiyyah contracts in sharia mortgages are permissible by referring to several fiqh rules.
The Role of Religion in Enforcement of Environmental Law in Indonesia Muhammad Nur Fadilah Syahraya
Proceeding International Conference Restructuring and Transforming Law 2024: Proceeding International Conference Restructuring and Transforming Law (Special Issue)
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

The environment is something that is the main basis and foundation of life. If the residents in an ecology can maintain and preserve the ecology in that area, then peace will soon be achieved and balance will remain stable. So from this there is what is called human awareness as one of the owners of instruments which are quite important but have equal degrees. Many legal products are for the environment, but many also fail in them. The role of religion is very much needed in fostering a sense of human awareness of the environment so as to create a balanced and beautiful environment.
The Political Influence of Environmental Law in Indonesia Muhammad Nur Fadilah Syahraya
Proceeding International Conference Restructuring and Transforming Law 2024: Proceeding International Conference Restructuring and Transforming Law (Special Issue)
Publisher : Universitas Muhammadiyah Surakarta

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Man is only dependent on nature, because it is nature that is powerful. Nature will do as man does to him. Therefore, man himself is the one who makes regulations about nature in the hope that it will be a limit to human behavior against nature. But the greed of man who can fight anything that prevents him from making this regulation is only limited to writing and sanctions only limited to formalities. Time and time again our eyes have proven that humans are indeed truly greedy. Allah should have created man as a caliph, not as a destroyer. God created this earth to meet human needs, not greed. This study will review a little about the increasingly narrow role of environmental law in Indonesia by providing juridical-normative exposure by looking directly at the data in the field.
Analysis of Legal Positivism Theory in Murder Cases: The Role of Evidence, The Objective-Empirical Relationship, and The Influence of Moral Values Valiantnuja Washfaa Yunandeva
Proceeding International Conference Restructuring and Transforming Law 2024: Proceeding International Conference Restructuring and Transforming Law (Special Issue)
Publisher : Universitas Muhammadiyah Surakarta

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The purpose of this writing is to find out how to analyze murder cases based on the theory of legal positivism. Using qualitative research methods. The results and discussion show that the theory of legal positivism plays a central role in the analysis of murder cases by emphasizing objective and empirical aspects. In this context, evidence and facts have a crucial role in determining the guilt or innocence of the defendant. Law enforcement in murder cases is influenced by an approach based on empirical realities that can be measured and identified objectively. Moral and ethical aspects, although they may be relevant in social contexts, do not receive primary emphasis in legal analysis based on positivist theory. Instead, the assessment of criminal acts is more inclined towards facts, rather than considerations of moral values. Thus, legal positivism theory provides a strong foundation for the analysis of murder cases by prioritizing a more objective and empirical approach.
Criminal Case Handling in Indonesia: Challenges, Reforms, and Future Directions Muhammad Jordan Figo Azhari
Proceeding International Conference Restructuring and Transforming Law 2024: Proceeding International Conference Restructuring and Transforming Law (Special Issue)
Publisher : Universitas Muhammadiyah Surakarta

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This article delves into the intricacies of criminal case handling in Indonesia, shedding light on the challenges it faces, recent reforms, and future prospects. The introduction provides an overview of the existing issues in the Indonesian criminal justice system. It discusses the significant backlog of cases, the overburdened judiciary, and the need for systemic improvements. The methods section outlines the research approach, incorporating data analysis, interviews with legal experts, and a review of relevant literature. What sets this article apart from previous research is its comprehensive examination of the multifaceted nature of criminal case handling in Indonesia, addressing not only the legal aspects but also the social and institutional dimensions. The results and discussion section presents key findings, including insights into the impact of recent reforms, challenges faced by law enforcement agencies, and the role of corruption in case processing. In conclusion, this article underscores the importance of ongoing reforms and offers recommendations to enhance the efficiency and fairness of the criminal justice system in Indonesia. It emphasizes the need for a holistic approach that addresses systemic issues and promotes transparency, accountability, and judicial independence.
The Government's Realization in Environmental Law Enforcement is Reviewed from The Indonesian State Administrative Law Mariska Jasiaat; Rike Ayu Pinastiya Dinar Anggraini; Khansa Adelia Labibah; Nunik Nurhayati; Moh. Indra Bangsawan
Proceeding International Conference Restructuring and Transforming Law 2024: Proceeding International Conference Restructuring and Transforming Law (Special Issue)
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

The environmental sector is affected by globalization. Indonesia is one of the countries affected by globalization, which results in pollution and degradation of local ecology. Therefore, the government enacted laws, especially Law Number 32 of 2009, which addresses and regulates issues related to environmental protection and management. The author uses a normative juridical analysis approach to determine government accountability and the implementation of Law No. 32 of 2009 through juridical review. The Central Government and Local Government have the responsibility to protect the environment, as stipulated in Law Number 32 of 2009 concerning Environmental Protection and Management. Article 63 of Law Number 32 of 2009 stipulates the responsibilities and authorities of the Central Government and Regional Government. There are two different approaches to prevention: preventive measures and repressive efforts. Environmental law enforcement administratively seeks to avoid pollution and environmental damage, while at the same time seeking to punish those responsible for environmental pollution and damage.
Spatial based Land use Analysis in an Effort to Improve Environmental Quality in The Surakarta City Area Layla Qodri Ani; Amanda Khoirun Nisa; Amanda Gheanisa Lutfi; Bhayangkara Satryo Wibowo; Fayza Ritalia
Proceeding International Conference Restructuring and Transforming Law 2024: Proceeding International Conference Restructuring and Transforming Law (Special Issue)
Publisher : Universitas Muhammadiyah Surakarta

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This article discusses spatial-based land use analysis as a strategy to improve environmental quality in the Surakarta City Region. Surakarta City, like many cities in Indonesia, faces challenges in efficient and sustainable land management. This research aims to identify the potential for optimal land use in the context of urban spatial planning with a focus on environmental quality aspects. Spatial analysis and geographic modeling methods were used to evaluate existing land use and identify potential land conversions that could improve environmental quality. The results of this study include recommendations for land development strategies that can reduce negative impacts on the environment, such as uncontrolled urbanization, environmental degradation, and increased disaster risk. The article also highlights the importance of sustainable spatial planning in maintaining the city's ecosystem and ensuring that good environmental quality is maintained. The results of this study are expected to serve as a guide for authorities and decision makers in their efforts to improve environmental quality in Surakarta City Region and other similar cities in Indonesia.
Examining The Principle of Openness in The Implementation of The Law-Making Process in Indonesia (Legal Study of Perppu Number 2 of 2022) Lady Tri Sonic
Proceeding International Conference Restructuring and Transforming Law 2024: Proceeding International Conference Restructuring and Transforming Law (Special Issue)
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

The Job Creation Law ultimately gave rise to a statement that it did not fulfill the principle of openness in the law formation process. The replacement regulation, namely "Perppu Number 2 of 2022 concerning Job Creation" also still does not apply the principle of openness even in the process of its formation and ratification. This is the basis for writing this research by discussing the implementation that should be carried out if it is connected to the principle of openness that exists in the process of forming and ratifying laws. This research uses a juridical-normative type with a statutory approach. The author uses primary and secondary legal materials originating from statutory regulations, doctrine, legal articles, and several previous studies that are relevant to the research topic. The conclusion that the author conveys is that it is important to place society at the top of the constitution where they have the right to know and take part in the process of making legal products.
Implementation of Business License Services before and after The Job Creation Law Dwi Puji Lestari; Fadhila Akbar Nurhakim; Maimunah Rusydah Istiqomah; Rhafie Ajie Firmansyah; Muhammad Valentino Lisoni Putra
Proceeding International Conference Restructuring and Transforming Law 2024: Proceeding International Conference Restructuring and Transforming Law (Special Issue)
Publisher : Universitas Muhammadiyah Surakarta

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Indonesia as a nation upholds the idea of a welfare state, in which the state is thought to be crucial in guaranteeing the well-being of each and every individual. Prioritizing licensing services is crucial because of their implementation's setup of legal indicators and simplicity. Business actor licensing is crucial to the operation of the company. The passage of Law Number 11 of 2020 concerning Job Creation seeks to lower the complexity of licensing, which has been identified as one of the primary barriers to investment, boost investment, expand employment possibilities, and improve workforce capacities. There are several different types of licensing, such as certification, quota determination, registration of recommendations, and permissions. This methodology for research makes use of. Cette méthode de recherche utilise la recherche en bibliothèque. The licensing mechanisms in Indonesia before and after the Job Creation Law were very different, so it is hoped that after the law passes, entrepreneurs in Indonesia and abroad will be more motivated to invest and do business.

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