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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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Review of Legal Protection of Acts of Violence against Children in Boarding Schools according to Positive Law and Islamic Law Dinda Kustarin Salekhah; 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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Abstract

Children are a great trust that must be cared for and guarded from various forms of discrimination. The boarding school is the party that is responsible for providing this care shortly after the child's parents hand over their care, so that all forms of discrimination such as violence are very contrary to this noble task. Both positive law and Islamic law both view violence against children in boarding schools as a reprehensible act that violates the norm of nobility. This research aims to: 1) Know how the efforts of boarding school in preventing and handling cases of violence in pesantren; and 2) Know how the comparison of legal protection against cases of violence in boarding school according to positive law and Islamic law. Through normative juridical research with a statutory and comparative approach whose data is obtained through literature studies of primary, secondary, and tertiary legal materials, the author finds that legal protection of child victims of violence in Islamic boarding schools is urgent. Its implementation can be realized through penal and non-penal efforts. Islam also views such legal protection as mandatory because it is part of Islamic law. The conclusion that can be drawn is that the protection of child victims of violence in Islamic boarding schools is something that is upheld by positive law and Islamic law which requires active cooperation from various parties so that prosperous justice can be achieved by taking into account the best interests of the child.
Dispute Resolution of Election Process in Indonesia (Case Study of Decision No.757/Pdt.G/2022/PN Jkt.Pst regarding Dispute between Prima Party and General Election Commission) Devani Yasmin Tarisya; Labib Muttaqin
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

This article examines the resolution of electoral process disputes in Indonesia, specifically the case study of decision No.757/Pdt.G/2022/PN Jkt.Pst regarding the dispute between the PRIMA Party and the General Election Commission (KPU). Elections are an important instrument in democracy, so the settlement of disputes that arise must be carried out fairly and in accordance with applicable regulations. This study applies a normative juridical approach through a case study method. Data is obtained from court decisions, laws and regulations, and relevant references. The analysis is conducted qualitatively to determine the legal considerations and implications of the decision. This article presents an in-depth analysis of electoral process dispute resolution in Indonesia, focusing on the case of the dispute between the PRIMA Party and the General Election Commission. This case study provides new insights into the implementation of electoral regulations and the protection of political parties' rights in the electoral process. Decision No.757/Pdt.G/2022/PN Jkt.Pst determined that the General Election Commission violated the law in determining that PRIMA Party was not eligible to participate in the election. The ruling recognized the violation of PRIMA Party's constitutional rights and ordered the Election Commission to revoke the decision. This article analyzes the legal reasoning and implications of the ruling for the conduct of fair and transparent elections. The resolution of electoral process disputes in Indonesia requires a strong system and consistent law enforcement. Decision No.757/Pdt.G/2022/PN Jkt.Pst demonstrates the importance of protecting the rights of political parties in the electoral process and the General Election Commission's compliance with applicable regulations.
Analysis of The Enforcement of The Regulation of The Minister of Trade Number 40 of 2022 Concerning The Prohibition of Imports of Used Clothing in Metro, Lampung Sika Aulia Fitri; Hanifah Febriani
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 the world of commerce, thrifting is the practice of trading second-hand goods, especially clothing, offered at more affordable prices. In some countries, importing used clothing or thrifting is considered illegal and prohibited. This is reflected in the Minister of Trade Regulation No. 40 of 2022, where the import of goods such as used clothing is considered an activity that has the potential to harm many parties. In the context of import regulation, second-hand clothing is considered a dangerous good that circulates without adequate supervision. The impact can be detrimental to consumers due to the quality of the domestic industry due to unfair competition, state revenue due to lost tax potential, and the country's economy as a whole. This research aims to answer about the regulation of criminal sanctions for the prohibition of imports of used clothing regulated in Minister of Trade Regulation Number 40 of 2022 and law enforcement against cases of prohibition of imports of used clothing regulated in Minister of Trade Regulation Number 40 of 2022 in Metro. The research method used in this research is empirical juridical by analyzing social facts using theory and applicable legal provisions. The specification of this research is descriptive analytical. This research indicates that the import and trade of used clothing in Indonesia is considered a criminal offense in the economic field and is subject to criminal penalties. Law enforcement for thrifting cases in Metro is constrained to be fined thrifting entrepreneurs in Metro are the second hand of the person who directly takes the used clothes. The relationship between the thrifting entrepreneur and the party is based on the sale and purchase agreement.
Legal Protection for Consumers of Life Insurance: A Review of Consumer Protection Laws Vanya Lakhsitta Az Zahra; Wida Daning Mulia; Luthfia Nurhaliza Wirawan; Najla Adizahra
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

This article investigates the legal protection afforded to consumers within the context of life insurance, focusing on the Consumer Protection Act. The review aims to analyze the mechanisms of protection available to life insurance consumers and identify the challenges and opportunities encountered in implementing this legislation. This study employs a descriptive-analytical approach by examining various legal provisions related to consumer rights and obligations, as well as the responsibilities of life insurance providers. The findings provide insights into the effectiveness of consumer protection regulations in safeguarding consumer interests in life insurance transactions and identify areas where further improvements are needed within the consumer legal protection system. This research may serve as a valuable resource for legal practitioners, regulators, and other life insurance stakeholders in strengthening consumer protection and enhancing fairness in consumer-provider relationships.
Considering The use of Artificial Intelligence in The Board of Directors: A Corporate Law Review Yolanda Simbolon
Proceeding International Conference Restructuring and Transforming Law Vol. 4 No. 1 (2025): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

Director is one of the crucial organs in a Limited Liability Company. The Director has great trust in managing the company. Some companies have placed Artificial Intelligence on the board of directors. This is because Artificial Intelligence can make decisions efficiently and independently. This raises legal issues regarding whether Artificial Intelligence can become a board of directors or is there another alternative and how about the responsibility. The aim of this article is to contribute to the development of company law in the future which is related to Artificial Intelligence. The method of this research is normative juridical. This research also uses a conceptual approach. The data used to analyze is secondary data. This research has novelty compared to other similar studies because the approach used is corporate law, especially in relation to the principle of fiduciary duty and business judgment rules. The results show that Artificial Intelligence currently cannot be placed as a member of the board of directors. As an alternative, Artificial Intelligence can be used as a business advisor on the board of directors.
Juridical Review of Digisexual Activities in Limited Cyberspace: Reviewed from Positive Law in Indonesia Novia Indah Prasetyowati; Danang Sugihardana; Muhammad Johansyah Maulana; Feri Budi Lestanto; Sekar Diah Ayu Almira; 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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Abstract

The advancement of technology has resulted in various products to fulfill human sexual needs, ranging from sex toys, sex dolls, to vibrators. However, not only that, technology has also spurred the emergence of various dating applications catering to diverse sexual orientations through smartphones. This research also highlights the importance of public education, law enforcement, regulation, collaboration with the technology industry, further research, and support for victims. Practical implications and policy recommendations are presented to assist society in protecting themselves from the risks and negative impacts of digital sexual practices in the digital era. This study employs a legal approach focusing on norms and literature research methods to analyze the focal aspects of the research. The normative legal approach is utilized to analyze and comprehend all legal regulations related to the research topic. In Indonesia, the regulation of these activities from a positive legal perspective is still under development, largely due to the unique characteristics of digital media and its rapid evolution. The social impacts arising from digisexual activities entail fundamental changes in how individuals interact and experience sexuality. The absence of explicit regulations addressing digisexuality poses a significant challenge within the legal framework in Indonesia. The phenomenon of digisexuality, closely linked with the use of digital technology in the realm of sexuality, has yet to receive specific regulatory treatment at the national level.
A Law Enforcement Perspective on Football Supporter Riots in Indonesia (Comparative Analysis of The Old and New Criminal Codes) Wildan Alfa Sina; Muchamad Iksan
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

Anarchist attitudes are one of the classic problems in managing the football league in Indonesia, which will continue to emerge every year if it is not followed up firmly. The phenomenon of widespread football supporters rioting has caused anxiety among the public. Law enforcement is an important instrument in dealing with this problem. This article examines the comparison between the old Criminal Code and the new Criminal Code in law enforcement against football supporter riots in Indonesia. The research method used is the normative juridical method using library research. Analysis shows that the new Criminal Code has the potential to increase the effectiveness of law enforcement. Challenges faced include identification of perpetrators, gathering strong evidence, involvement of law enforcement officials, and legal awareness. Suggested solutions include strengthening regulations, strict law enforcement, increasing education, and collaboration between stakeholders. Thus, the new Criminal Code opens up better opportunities for law enforcement against football supporter riots. However, additional efforts are needed to overcome the various challenges faced.
Analysis of Freedom of Expression: A Case Study on Religious Court Decision Number 726/PID SUS/2023/PN PLG Ardi Eka Kurniawan; M. Junaidi; Yoesoef Moestofa; Natangsa Surbakti; Bambang Sukoco
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

This study aims to understand and analyze the judicial consideration that affects freedom and the review of freedom of expression on social media according to positive law. This juridical-normative study is examined using descriptive analysis method and legislative approach. The data examined are obtained from secondary data sources consisting of primary and secondary legal materials. The results of the research show that the legal case in Religious Court Decision Number 726/PID SUS/2023/PN PLG related to religious blasphemy on social media, when associated with freedom of opinion and expression, may disrupt the judge's decision-making and imposition of sanctions because the judge's decision can trigger reactions that may lead to conflicts among society, causing negative perceptions regarding the law's clarity in handling the issue and significant impacts such as the emergence of similar cases and their association with freedom of expression when someone violates legal regulations. The implementation of law enforcement regarding freedom of expression concerning religious blasphemy on social media is not uniform and comprehensive. Based on the findings of the study, religious blasphemy on social media is still not optimally addressed by the existing laws. The aim of law enforcement is to protect all religions and ensure the protection of individual rights in expressing opinions. Legal actions are expected to comply with applicable laws and not hinder the judicial decision-making process in handling cases related to religious blasphemy and freedom of expression.
The Urgency of Imposing Sanctions on Schools that Neglect Child Victims of Bullying Muhammad Rafi Risnawan; Hanifah Febriani
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 the urgency of imposing sanctions on schools that ignore child victims of bullying. This departs from the unrest over the rampant cases of bullying in the school environment that occur in Indonesia even at every level of education. Children who are vulnerable human beings should get legal protection for their rights that must be fulfilled as part of the subject of law. This research is normative juridical research that adopts a statutory approach. The data sources of this research are obtained from primary, secondary, and tertiary legal materials which all have relevance to the issues being studied. The objectives of this research are: 1) Knowing the sanctions received by schools that neglect child victims of bullying; and 2) Knowing the urgency of sanctions for schools that neglect child victims of bullying. The results show that there are still many cases of bullying that occur against the background of many factors. Based on the research results, it can be concluded that there are some cases where the school has firmly addressed bullying cases, but this is still not enough to represent the many other cases that have not been resolved. Schools that ignore child victims of bullying can be subject to administrative sanctions in the form of reprimands and suspensions. In addition, according to Article 76c of Law No. 35/2014, schools can be subject to criminal sanctions in the form of imprisonment and fines. The provision of sanctions against schools that commit negligence is important considering that currently there are no strict sanctions for schools that neglect victims of bullying. For this reason, sanctions are needed for schools so that in future cases the school will better protect victims of bullying.
Human Smuggling from The Perspective of Indonesian Positive Criminal Law (A Study of Decision No.257/PID/2021/PT BNA and No.187/Pid.Sus/2023/PN Dum) Astried Kusumaningrum; K Kuswardani
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

Lack of awareness of the crime of human smuggling and economic concerns are major factors in the occurrence of such illegal acts. While there may be victims in human smuggling, it is more of a risk of the activity rather than something that is premeditated. Deception, coercion and violence are important elements in human trafficking. The existence of this research aims to find out the extent of Indonesia's policy to tackle the problem of human smuggling in Indonesia and increase the effectiveness of law enforcement against human smuggling which cannot be done instantly, so there needs to be a continuous process. This research uses normative juridical methods and analyzes data qualitatively. The researcher processes and presents data from various sources to produce conclusions and findings based on research efforts. The results showed that the juridical consideration of the judge was the reason for imposing a fine in accordance with the provisions of the law to the defendant. In addition, there are non-juridical considerations of the judge that aggravate the punishment of the defendant, such as the defendant's actions that are contrary to the government's efforts in enforcing immigration laws and the defendant's previous conviction history.

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