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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.
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Articles 389 Documents
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Analysis of Legal Reasoning of Judge's Decision Number 1429/Pdt.G/2013/Pa.Tng about Hadhanah Child Custody Rights to Non-Muslim Husbands under Positive Law and Compilation of Islamic Law Elsa Putri Supriyanto; M. Junaidi
Proceeding International Conference Restructuring and Transforming Law Vol. 3 No. 1 (2024): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

The purpose of this research is to analyze the basis of legal reasoning for the judge's decision Number 1429/Pdt.G/2013/Pa.Tng regarding child custody of non-Muslim husbands discussed in positive law and the legal context of the Compilation of Islamic Law. The research method used is a literature analysis of the judge's decision and related laws and regulations with a normative approach that refers to relevant legal theories and legal doctrines. The results of the analysis show that the legal reasoning in the decision is strongly influenced by the provisions of the applicable positive law and also reflects the consideration of Islamic law in the codification of Islamic law. The findings provide a deeper understanding of how courts apply positive and Islamic law in resolving cases involving various aspects of family law, particularly cases concerning child custody in interfaith marriages. The implications of this analysis contribute to the development of more comprehensive legal thinking and judicial practice, particularly in the context of Indonesia's legal pluralism.
Legal Review of The Legality of Artificial Intelligence Creations in The Frame of Intellectual Property Rights in Indonesia Nanda Dwi Purnama; Farhan Ammar Luthfi; Hafifah Nur Hasanah; Tubagus Bayu Pamungkas; Nova Auliyanti Faiza; Diana Setiawati
Proceeding International Conference Restructuring and Transforming Law Vol. 3 No. 1 (2024): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

In this modern era, many technologies have emerged and help human life, one of which is Artificial Intelligence (AI), but despite the many benefits it brings, it turns out that AI also brings anxiety, especially in the field of Intellectual Property Rights (IPR), which Many AI creations are considered to have the potential to commit violations, especially in the field of copyright, such as forgery of works of art or theft of works of art. Apart from that, AI creation itself invites other problems regarding whether it can be legally protected or not, because one of the problems that exists in the use of AI is that the data used in its development uses existing creations, unless the copyright protection period has expired, then the creation is still subject to copyright protection. So that the legality of the AI creation itself is still questionable. Therefore, by using the normative method by collecting data related to relevant rules and opinions of experts, from these data, researchers try to analyze using descriptive analytical methods that connect the object under study with existing regulatory provisions and with literature studies, it is hoped that this article can answer the problem of the legality of AI creations, especially in the frame of Intellectual Property Rights in Indonesia. According to the Indonesian Copyright Law (UUHC), works created by Artificial Intelligence cannot be said to be works of creation that can be protected. However, legal violations that occur due to the use of AI can be held accountable by the AI service provider. To avoid the many violations that will occur in the future due to the continued development of this technology, the Indonesian government must make clearer and firmer regulations in regulating technological developments that are occurring rapidly and widely in Indonesia.
Copyright Protection Against Acts of Book Piracy (Reviewed from Shopee Sales) Putwi Rindiani; Nariza Isandra; Lelya Cahya Mufidati; Gresnia Himbi Parkitasari
Proceeding International Conference Restructuring and Transforming Law Vol. 3 No. 1 (2024): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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The economic sector is presently undergoing a substantial transition, the range of traditional and online channels for buying and selling transactions has increased due to the ongoing development of digital innovation. Research from SIRCLO and Katadata Insight Center (KIC) indicates that a considerable proportion of consumers are now making purchases online, which highlights the need for efficient security measures to be put in place as soon as possible. One of the main functions of Undang-Undang Hak Cipta, namely Undang-Undang Nomor 28 Tahun 2014, is to provide a legal framework that governs electronic transactions and copyright. However, there are still a lot of obstacles to overcome before this rule may be put into practice in the context of electronic commerce. One of them is the general lack of knowledge among consumers and business actors about their responsibilities and rights when doing business online. One blatant instance of copyright violation in electronic commerce is book piracy. This situation frequently arises on websites like Shopee, where pirated books are offered for sale at far cheaper costs than the legitimate retail price. Furthermore, legitimate writers and publishers may suffer ethically and financially as a result of book piracy. Collaboration between the government, corporate players, and consumers is necessary to address the issues of copyright violations in electronic transactions and book piracy. Strict adherence to the law and heightened legal consciousness among companies and customers can successfully curb pirate activities and safeguard copyright.
Comparative Study of Restorative Justice with The Concept of Al-'Afwu in Criminal Offenses Rini Eka Agustina; M. Junaidi
Proceeding International Conference Restructuring and Transforming Law Vol. 3 No. 1 (2024): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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The aim of this research is to determine the difference between the concept of restorative justice and al-'afwu in criminal acts. The type of research used is descriptive qualitative research with a library research approach. Data analysis uses the Miles and Huberman model which states that data analysis includes data reduction, data presentation and drawing conclusions. Primary data sources are taken from the Criminal Code and secondary data sources from books, journals and other relevant references. From the analysis of existing data, the following research results were obtained: (1) the type of criminal behavior in restorative justice is classified as a lighter crime level, while al-'afwu is classified as a serious crime level, such as murder and assault. (2) compensation for losses, restorative justice receives compensation in the form of material or money. while al-'afwu compensates for the loss with diyat which compensates the loss in the form of property to the victim as compensation for the loss. (3) the aim of criminal punishment, restorative justice does not only focus on the perpetrator, but also looks at the recovery of the victim, the perpetrator of the crime, and involves community participation. pays attention to the process of healing, reconciliation and reintegration, while al-'afwu prioritizes preventing damage/misfortune in human life, and revenge as a reward for the perpetrator's actions with the aim of preventing crime.
Islamic Law Analysis of Sadd Adz-Dzari'ah on The Conversion of Agricultural Land in Karanganyar Regency Rizki Ajudiansyah; M. Junaidi
Proceeding International Conference Restructuring and Transforming Law Vol. 3 No. 1 (2024): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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This article reviews in depth the aspects of Islamic law related to the conversion of agricultural land, focusing on the principle of Sadd Adz-Dzari'ah. This principle is the main foundation of this research, playing an important role in regulating the process of land transformation and setting legal boundaries that must be obeyed. Through a case study conducted in Karanganyar Regency, this research aims to evaluate the application of the Sadd Adz-Dzari'ah principle in the context of agricultural land conversion and provide an in-depth understanding of the principles, to assess its implementation in agricultural land conversion in Karanganyar Regency, to analyze the social, economic and environmental impacts of land use change and propose policies to the local government to improve justice and sustainability, taking into account Islamic values. The research method is based on a qualitative approach with in-depth interviews and document analysis. The collected data were analyzed using content analysis techniques to identify patterns and main themes related to the application of Sadd Adz-Dzari'ah principles in agricultural land conversion. The results showed that the Sadd Adz-Dzari'ah rule has a central role in regulating and guiding the process of conversion of agricultural land into housing within the framework of Islamic law. This research highlights that the conversion of agricultural land to housing is not just a physical change, but also involves significant social, economic and environmental aspects. Social impacts include changes in the lifestyle of rural communities, while economic impacts include aspects of increased land value and changes in livelihoods. Environmental impacts include vulnerability to land degradation and loss of biodiversity. This research is expected to make a significant contribution to the understanding of the relevance and implementation of the Sadd Adz-Dzari'ah principle in the context of rural land use change. It also aims to provide a foundation for better policies that are in line with Islamic values.
Legal Protection of E-Commerce Couriers in Cash on Delivery Payment System Ndaru Anggara Prabajati; M. Junaidi
Proceeding International Conference Restructuring and Transforming Law Vol. 3 No. 1 (2024): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

E-commerce platform purchases provide convenience in transactions, namely with cash (Cash On Delivery) or non-cash through transfer methods or other digital wallets. The Cash On Delivery payment system is a payment method that is made on the spot after the purchase order delivered by the courier is received by the buyer. Payment by this method is considered very easy because no account is needed and can minimise fraud. The method used in this research uses normative research methods. This method is carried out by conducting library research on secondary data sources such as legal regulations, books and other research in the field of law. The role of the courier is as a person appointed by the Company to replace the power of the Company engaged in shipping services. Legal protection of couriers in the Cash On Delivery payment system has been regulated in Article 1601B of the Civil Code. The article regulates the requirements that must be met by couriers and has also been clarified in Law No. 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning Electronic Information and Transactions.
The Effectiveness of Fostering Children in The IIB Boyolali State Detention Center Bryllian Erix Darmawan; M. Junaidi
Proceeding International Conference Restructuring and Transforming Law Vol. 3 No. 1 (2024): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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This study aims to examine and analyze the effectiveness of fostering for fostered children in Boyolali Class II B State Prison, The method used for research is empirical juridical, the analysis method used by the author uses qualitative methods. The process rather than carrying out punishments for violations of the law committed by the violators of the law itself. This penalty is intended to provide a deterrent effect on violations committed to make the violator not do it again. The purpose of punishment is not just to retaliate against people who have committed a criminal act, but has certain useful purposes, guidance inthis nature has been regulated in Law Number 22 of 2022 Article 50. There are three types of fostered child development, namely Education Development, Personal Developmentand Independence Development. The prison system is implemented in prisons or, but before prisoners are detained in prisons the accused are held in Rumah Tahanan Negara to await the verdict of the criminal conviction. Boyolali Class IIB detention center applies several ways to improve personality so that fostered children who will return to their parents become better and law-abiding individuals and can be accepted by the general public. The effectiveness of law in Indonesia itself is based on the use of existing rules. With the rules and can be carried out properly, it can be said to be effective. The effectiveness obtained in fostering has met the criteria with the implementation of fostering that runs properly in accordance with the provisions of the law supported by complete infrastructure facilities. What distinguishes it from previous researchers is that this study focuses on all fostering carried out in detention centers while previous researchers focus on one type of fostering carried out in prisons.
Juridical Analysis of The Rampant Practice of Dumping Based on Positive Law and Islamic Law Al Rizal Gahwi; Mutimatun Niami
Proceeding International Conference Restructuring and Transforming Law Vol. 3 No. 1 (2024): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Dumping is an act of price discrimination that includes the sale of goods abroad at a lower price than the same domestic goods or at a price different from the normal price with the aim of preventing a decrease in the price of goods purchased domestically, which can kill the goods market and result in company bankruptcy. This research uses a doctrinal (Normative) approach because this research focuses on laws that are considered norms or rules that apply in society and are used as a reference for everyone's behavior. In Law No. 10/1995 on Customs, as amended by Law No. 17/2006 on Customs, there are dumping provisions governing import and export in Indonesia. These provisions are listed in Chapter IV on anti-dumping duties and countervailing duties, where the first part regulates anti-dumping duties, namely from Article 18 to Article 20, and the second part regulates countervailing duties, namely from Article Human beings have the right to differ in value in Islamic law. However, if one spends money with the intention of harming others, it is haram according to the law: "There is no harm to oneself, and no harm to others." In other words, if one does so with the intention of harming others, it is haram.
Combination of AI and Human Expertise in Advancing Audio Forensic Investigation: AI Transcription and AI Sound Recognition in Legal Practice Rota Ranavalonatina Ramahefarivo
Proceeding International Conference Restructuring and Transforming Law Vol. 3 No. 2 (2025): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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This study consists of evaluating the power of emerging AI that can be used in audio forensic investigation: these are AI Transcription and AI sound recognition. The combination of these AI Technologies with human expertise will offer a bright future by enhancing the investigation practices, especially audio forensic practice, in order to have better results in terms of efficiency, accuracy and reliability. This research will investigate these instruments effectiveness: Human expertise and AI combination; to give valuable insights that will help practitioners, scholars, and researchers in the field of audio forensic practice. With a legal pragmatic perspective, the study will be in the form of qualitative research, analyzing and reviewing related documents, AI articles, legal articles and concerned international regulations. The objective of this research consists of filling the gap of empirical studies, that assess Human-AI combination effectiveness, in audio forensic field. This empirical studies have not yet been done in previous literatures. The results and discussions highlight the strong power of innovation and AI technologies, such as AI Transcription and AI sound recognition, in accuracy and efficiency. But this AI integration still needs expert intervention, to ensure a fair and just outcomes in the audio forensic investigation, by bringing rigorous critical thinking, contextual analysis, subjective interpretation, emotion understanding and rational judgment. The results and discussions will end with a table, demonstrating the effectiveness of traditional methods, versus AI, versus combined methods. However, the conclusion part requires the Human-AI combination methods in audio forensic, to align with ISO legal standards.
Legal Protection for The Misuse of Indosiar Logo on Video Content of Mobile Service Parody on Instagram Application Dhea Titania Octavia Putri; R Rizka
Proceeding International Conference Restructuring and Transforming Law Vol. 3 No. 1 (2024): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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The utilization of internet technology has significantly impacted various aspects of human life, especially in the realm of social media. Instagram, as one of the main social media platforms, provides a space for individuals to share various types of multimedia content, including parody content. However, in this context, issues of intellectual property rights, particularly concerning the misuse of company logos, have become increasingly relevant. The objective of this article is to examine the legal safeguards concerning the improper utilization of the Indosiar logo within parody materials found on Instagram. Using a normative legal approach and case study methodology, this research identifies legal violations occurring under the Copyright Law and Trademark Law. Additionally, it highlights Instagram's policies as an electronic system provider in addressing logo misuse. The results of this study reveal that the inappropriate use of corporate logos in Instagram parody content raises a conflict between the freedom of expression and intellectual property rights. Although parody content aims to entertain, unauthorized logo usage constitutes a trademark infringement that can damage a company's reputation. Hence, ensuring legal safeguards for intellectual property rights in the digital era necessitates collaboration among regulators, corporations, and social media platforms to establish a balanced framework benefiting all stakeholders.

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