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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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The Role of The Immigration Office in Tackling The Crime of Human Trafficking (Case Study at Immigration Office Class I TPI Surakarta) Erna Putri Andriyani; 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

The role of the Immigration Office in tackling the Crime of Human Trafficking also has juridical reasons based on Law No. 21/2007 on the Eradication of the Crime of Human Trafficking. The Law on Trafficking in Persons authorizes the Immigration Office to prevent, prosecute, and restore victims of Trafficking in Persons. This research uses the empirical juridical approach method, especially on issues related to the Role of the Immigration Office in Combating Human Trafficking Crimes and to fully describe the Role of the Immigration Office in Crime of Human Trafficking in eradicating human trafficking crimes and thoroughly explain the basis for regulating the Role of the Immigration Office in Crime of Human Trafficking (TPPO) preventively in order to increase public legal awareness. The result of this research shows that Surakarta Immigration conducts socialization to the community to provide an understanding of the Crime of Human Trafficking. However, the prevention has not been effective because Immigration cannot monitor the reason behind making a visa or passport. The socialization process is conducted through social media and visits to high schools to increase public awareness.
Enforcement of Criminal Law against Foreigners in The Crime of Fraud (A Study of the Application of the Territorial & Fault Principles in Decision No. 161/Pid.B/2019/PN.Mak) Erni Tyas Aryani; 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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Criminal law enforcement against foreigners is an important part of international criminal law because Indonesia is a country where foreigners can visit, live and work. law enforcement has the aim of protecting the interests of the state and its citizens and creating order and security in the country. This research focuses on the application of the territorial principle in Decision No.161/Pid.B/2019/PN.Mak and the application of the principle of guilt in the verdict. The method in this research uses normative juridical, in which in this research the author will use Decision Number 161/Pid.B/2019/PN. The results showed that in the case of fraud at Toko Satu Tujuh, the defendant was guilty of intentionally committing fraud with a common plan so that he was sentenced to imprisonment as a consequence of the criminal act he committed.
Analysis of The Supreme Court Cassation Decision regarding The Determination of The Status of The Biological Father of Child Out of Wedlock: Case Study Of Decision No. 1055 K/Pdt/2023 Firda Az Zahra; 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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Abstract

Humans in their nature are created in pairs by binding themselves to the status of marriage, because with marriage anything that was originally haram will be halal in a legal bond through marriage. Marriage in Article 1 of Law No. 1974 explains that marriage is a physical and mental bond between a man and a woman to form a happy family that is eternal and blessed by Allah SWT. A valid marriage is a marriage that has been recorded at the religious affairs office with all the stipulated provisions. The research method in this study was chosen based on the type of research, problem formulation, and research objectives, and explains the urgency of using this type of research in analyzing research data. The research method in this research is a normative juridical approach which is selected is the research of primary and secondary legal materials. The Civil Code (hereinafter referred to as the Civil Code) refers to children born out of wedlock as Naturlijk Kind (natural children). in article 43 paragraph (1): children born out of wedlock only have a civil relationship with their mother and their mother’s family. In general, this article means that children born as a result of an invalid marriage (out of wedlock), including children resulting from illicit relationships, only have a civil relationship with the mother and her family. The juridical analysis of this decision, the researcher assumes that judges tend to look at Constitutional Court Decision Number 46/PUUVIII/2010 dated February 17, 2012, Article 43 paragraph (1) of Law Number 1 Year 1974 concerning Marriage.
Juridical Analysis of The Use of Artificial Intelligence in Handling The Crime of Sexual Harassment in Cyberspace Efi Nurnaningsih; Taufik Firmanto; R Ridwan; S Syamsuddin; Aman Maarij; M. Farizan Islam
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 increase in information technology crime is increasingly widespread, where people use this technology as a means to violate the law. Information technology has influenced and encouraged changes in the social and economic needs of society. This research focuses on how to preventively control sexual violence on social media. As well as the role of artificial intelligence in preventing some applications that are often misused by some parties to find victims who can be harassed, with the Electronic Information and Transaction Law in sexual violence. The method / approach used is the normative method by looking for literature journal articles, and relevant sources. The results of this study include.1. This harassment occurs due to a lack of sex education and a lack of morality from individuals so that they do things that violate the norms of decency and norms of decency, the lack of education from these individuals is the cause of sexually harassing behavior; 2. artificial intelligence that will search for content that smells of child sexual abuse on the internet. Google Content Safety API uses a network to scan photos by making images that are considered inappropriate less conspicuous; 3. Replacing and/or tracking using electronic systems against people who are objects in electronic information/documents for sexual purposes. This research is expected to be a solution in dealing with sexual violence on social media.
Advocacy of Planned Murder from the Perspective of Positive Law and Islamic Criminal Law: Comparative Study of Old and New Criminal Code Based on Decision No. 413/PID.B/2013/PN.RHL Caesaria Okta Wahyudiana; 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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This study aims to examine how to encourage or persuade in the crime of premeditated murder in Decision No. 413/PID.B/2013/PN.RHL. The Criminal Code is something that can provide law enforcement to the community, which has now been formulated in the revision of the new Criminal Code, namely in Law No. 1 of 2023. This is the location of novelty in this research, where there is a comparison between the old Criminal Code and the new Criminal Code based on the relevant articles. The research method used is a normative method based on secondary data and literature data. The results of this study reveal that in the crime of premeditated murder based on Decision No. 413/PID.B/2013/PN.RHL the defendant is someone who persuades to carry out the crime of premeditated murder against the victim. In positive law to impose a verdict on the defendant, the panel of judges has considered according to juridical and non-juridical reviews. So that the application of the criminal sentence against the defendant is in accordance with Article 340 jo Article 55 paragraph 1 to 2 of the Criminal Code. Based on the perspective of Islamic criminal law, premeditated murder is punishable by qisash and diyat. The perpetrator of the murder could have avoided the two penalties if the victim's family accepted the forgiveness of the perpetrator without filing any charges.
Juridical Review of The Crime of Human Trafficking Study of Decision No. 176/Pid.Sus/2017/PN.Amb. Mia Ayu Permatasari; 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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This study aims to analyze the legal implications of the District Court's decision based on decision number 176/Pid.Sus/2017/PN.Amb. Human trafficking is an act that is very unlawful especially when committed against women and children. The rampant trafficking that has occurred always makes women and children the target, because the mode used is to seduce and provide lures to victims, which causes an increase in the crime of human trafficking. The research method used is the normative juridical approach method with data analysis techniques, namely descriptive analytics. The results of his research show that the decision Number 176/Pid.Sus/2017/PN.Amb, normatively does not have a significant impact on legal protection for victims, namely girls in cases of human trafficking. The District Court's decision focused on the defendant alone but less focused on the victim. In this court decision, it is quite good in giving punishment to the defendant, however, one of the rights needed by the victim, namely restitution, has not been granted by the panel of judges and does not have any impact on the immaterial losses suffered by the victim. Protection and attention to the interests of victims are seen as the main thing in efforts to protect the law against the crime of human trafficking which is regulated in Law No. 21 of 2007 concerning Eradication of the Crime of Human Trafficking and Law No. 1 of 2023 concerning the Criminal Code which has provided protection to the rights of the perpetrators.
Juridical Analysis of The Authority of The District Court to Postpone Elections (Study of Decision Number 757/PDT.G/2022/PN JKT.PST) Khofifah Kusumawardhani; 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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In early March 2023, Indonesia was shocked by the issue of postponing elections. A lawsuit was granted by the Central Jakarta District Court in decision number 757/Pdt.G/2022/PN Jkt.Pst to not conduct the remaining stages of the 2024 General Election filed by the Prima Party. This research uses doctrinal or normative methods including comparison, systematics, level of synchronization, history, and legal principles. The researcher uses the literature study method to obtain and collect data. Qualitative normative analysis and deductive reasoning techniques are used to analyze the data in this study. Article 2 paragraph (1) of Supreme Court Regulation 2/2019 clearly states that the State Administrative Court is responsible for cases of unlawful acts which are filed by government agencies and/or officials. It should not be the domain of the District Court to decide. The Central Jakarta District Court exceeded its authority by deciding a dispute with a government body in a case of unlawful act. The District Court does not have the absolute competence to decide cases such as those filed by the Prima Party in Decision Number 757/Pdt.G/2022/PN Jkt.Pst.
Negative Impacts of Online Gambling Reviewed from The Social Economic and Psychological Perspective in Accordance with Undergoing No. 1 of 2024 on Second Amendment to Undergoing Number 11 of 2008 on Information and Transactions Dellia Putri Octavia; Taufiq Nugroho
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 presents an in-depth review of the negative impacts of online gambling practices, particularly in the social, economic, and psychological contexts, in accordance with the latest regulations set out in Law No. 1 of 2024. This study uses a qualitative approach with a literature review method to analyze the negative impact of online gambling from a socio-economic and psychological perspective, as well as evaluating its compatibility with Law No. 1 of 2024 on the Second Amendment to Law No. 11 of 2008 on Electronic Information and Transactions. This article presents a new understanding of the impact of online gambling by comprehensively considering social, economic, and psychological aspects, as well as highlighting relevant recent regulatory changes. The results show that the practice of online gambling has a significant negative impact on various aspects of people’s lives, including financial problems, social conflicts, and mental health issues. In the context of Law No. 1 Year 2024, this study confirms the need for more decisive action in addressing the negative impacts of online gambling, both through stricter regulations and more effective rehabilitation programs.
Juridical Analysis of The Position of Adopted Children and Procedures for Adopting Children by Single Parents in Indonesia Pristina Al Jawi Putri; Taufiq Nugroho
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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Adopted children and the process of adopting children by single parents are examined from a legal perspective in this article. The research methodology takes a normative legal stance by reviewing relevant laws and court decisions. With an emphasis on the differences and recent changes in the applicable legal requirements, this article provides a thorough understanding of the situation of adopted children and single parent adoption procedures. The legal consequences, processes, and rights of adopted children, including adopted children adopted by single parent s, are discussed in this paper. In response to the issue statement, key points are raised. The findings of this study highlight the adequate protection of children adopted by single parents and the reform of the child adoption system.
Public Opinion in Karanganyar Regency on The Preventive Function of The Public Prosecutor's Office in Efforts to Control and Enforce Criminal Acts Berliana Kinanthi Mukti; 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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This research was prepared with the aim of obtaining information about the opinion of the community, especially the Karanganyar District community, Karanganyar Regency, regarding the application of the function of law enforcement officials in this case the public prosecutor's office, namely the preventive function as an effort to prevent criminal acts in the community. The research uses a sociological approach in the context of empirical law involving empirical data analysis to understand legal phenomena in society. In addition, the statutory approach is used to analyze the relevant legal framework. The data collection techniques used are interview techniques with randomly selected respondents from the Karanganyar District community of Karanganyar Regency and literature study techniques from primary data in the form of laws and regulations and legal events. Unlike the journal of Education and Development Institut Pendidikan Tapanuli Selatan, entitled "Fungsi Preventif Seksi Pengamanan Pembangunan Strategis Pada Kejaksaan Tinggi Nusa Tenggara Barat Dalam Tindak Pidana Korupsi", that this research focuses on the opinion of the people of Karanganyar District, Karanganyar Regency towards the public prosecutor's office in general in the context of preventive efforts and how regulations in positive law in Indonesia regulate the preventive function of the public prosecutor's office. That in this study the policy regarding the preventive function of the public prosecutor's office has been regulated in Article 30 paragraph (3) of the Law of the Republic of Indonesia Number 16 of 2004 concerning the Public Prosecutor's Office of the Republic of Indonesia and also the Regulation of the Attorney General of the Republic of Indonesia Number Per-006/A/JA/07/2017 concerning Organization and Work Procedures of the Public Prosecutor's Office of the Republic of Indonesia. In fact, the public prosecutor's office has not worked optimally in order to improve this function based on several opinions from people who have never received face-to-face information directly in their neighborhood.

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