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INDONESIA
Proceeding International Conference Restructuring and Transforming Law
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
Employment Legal System for TKI in Legal Protection Miftia Nur Annisa; Rika Maryani; Aris Prio Agus Santoso
Proceeding International Conference Restructuring and Transforming Law Vol. 1 No. 1 (2022): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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The purpose of this research is to find out how the existence of TKI is in the protection of labor law, because along with the progress of the times (globalization era), problems in the field of employment are also increasing, especially if it is associated with other aspects such as economic, social and political. However, the basic problems in this field still do not deviate from the classic problems, namely the “master-worker” relationship, strikes and dismissals, and rights and obligations. Workers and employers in their respective positions have rights and obligations. However, in this case, it is the workers who need to be protected and guaranteed by law in exercising their rights. In the field of employment, these guarantees often include economic guarantees.
Employment during the Pandemic Based on Regulation of the Minister of Manpower No. 21 of 2021 Pratiti Alma Nurlita; Mahendra Akbar Rachmadani; Putri Monica; Rachma Nadya Pratama Putri; Saputri Setyo Nur Haryani; Aseka Malikus Zachwa
Proceeding International Conference Restructuring and Transforming Law Vol. 1 No. 1 (2022): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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This study aims to determine the legal protection for workers affected by the Covid-19 outbreak. Article 88 letter a paragraph 1 UURI No. 11 of 2020 concerning Job Creation, states that "The rights of workers/laborers to wages arise when there is a working relationship between the worker/labourer and the entrepreneur and ends when the employment relationship is terminated." Therefore, based on the considerations of UURI Number 11 of 2020 letter e, considering that efforts to change regulations relating to the convenience, protection, and empowerment of cooperatives and micro, small and medium enterprises, improvement of the investment ecosystem, and acceleration of national strategic projects, including increased protection and workers' welfare is carried out through changes to sector laws that do not yet support the realization of synchronization in ensuring the acceleration of work creation, so that legal breakthroughs are needed that can solve various problems in several laws into one law comprehensively. It can be concluded that the existence of the Law on the protection of workers' wages and protection for workers in their place of work, the company can postpone the payment of wages received by workers (if the company cannot pay it according to the minimum wage limits). An agreement was made with workers to suspend. And with the spread of Covid-19, the government issued a ministerial regulation regarding employment No.21 of 2021, so that it can provide legal protection for workers/laborers. so that legal breakthroughs are needed that can solve various problems in several laws into one law comprehensively. It can be concluded that the existence of the Law on the protection of workers' wages and protection for workers in their place of work, the company can postpone the payment of wages received by workers (if the company cannot pay it according to the minimum wage limits). An agreement was made with workers to suspend. And with the spread of Covid-19, the government issued a ministerial regulation regarding employment No.21 of 2021, so that it can provide legal protection for workers/laborers. so that legal breakthroughs are needed that can solve various problems in several laws into one law comprehensively. It can be concluded that the existence of the Law on the protection of workers' wages and protection for workers in their place of work, the company can postpone the payment of wages received by workers (if the company cannot pay it according to the minimum wage limits). An agreement was made with workers to suspend. And with the spread of Covid-19, the government issued a ministerial regulation regarding employment No.21of 2021, so that it can provide legal protection for workers/laborers. the company can postpone the payment of wages received by workers (if the company cannot pay it according to the minimum wage limit). An agreement was made with workers to suspend. And with the spread of Covid-19, the government issued a ministerial regulation regarding employment No.21 of 2021, so that it can provide legal protection for workers/laborers. the company can postpone the payment of wages received by workers (if the company cannot pay it according to the minimum wage limit). An agreement was made with workers to suspend. And with the spread of Covid-19, the government issued a ministerial regulation regarding employment No.21 of 2021, so that it can provide legal protection for workers/laborers.
Company Bankruptcy Relations, Labor Rights, and the National Economy Alifian Fajar Rizkita; Dicka Pandu Anggara; Muhammad Satrio Bagus Panuntun; Bayu Ajie Sugeng Rahayu; Yan Yulio Anggoro; Muhammad Bagoes Raihan; Tomás Mateo Ramon
Proceeding International Conference Restructuring and Transforming Law Vol. 1 No. 1 (2022): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Bankruptcy is a condition or condition when the debtor, namely a person or business entity, is unable to settle the payment of the debt given by the creditor. This situation is actually a common thing in the business world.In Indonesia, bankruptcy is regulated in Law Number 37 of 2004 concerning bankruptcy and postponement of debt repayment obligations or abbreviated as UUK 2004. Prior to the enactment of the 2004 UUK, the issue of bankruptcy was regulated in Staatsblad 1905:217 jo. Staatsblad 1906:348 concerning Faillissement Verordening (Law on bankruptcy) which was later regulated through Government Regulation in Lieu of Law Number 1 of 1998 and later ratified into Law Number 4 of 1998.Generally, companies go bankrupt because they fail to compete in the market and experience a slow process of innovation. This can be caused by many factors. In addition, with the development of information technology today, new trends and products can appear at any time. All of these things will have an impact on the company's income, profits, financial capabilities and liabilities. Lack of observing competitors' movements can also cause a company to go bankrupt. Companies become less competitive and fall far behind.
Implementation of Sanctions of Imprisonment in Lieu of a Fine in Illegal Fishing Cases in Indonesia’s Exclusive Economic Zone (ZEEI) M Marimin
Proceeding International Conference Restructuring and Transforming Law Vol. 1 No. 1 (2022): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Positive law has emphasized that illegal fishing in ZEEI can only be subject to a fine without being followed by imprisonment in lieu of a fine, but until now there are still practices that deviate from the positive law, such as decision number 71/Pid.Sus-Prk/2017/PN. Ran. This paper will describe the judge’s considerations in the decision and relate it to the doctrine of criminal law for its application in the future. This paper uses doctrinal legal research with a legal, conceptual, and case approach. From the results and discussion, it can be seen that the judge in the decision number 71/Pid.Sus-Prk/2017/PN.Ran who applied the substitute confinement sanction was based on considerations of the value of justice and expediency. Here the judge ignores the value of legal certainty by deviating from the Fisheries Law and SEMA No. 3 of 2015, and the judge was then guided by the Criminal Code. The attitude of the judge who prioritizes justice and expediency needs to be appreciated, but the judge's deviation is not appropriate because in understanding the Fisheries Law, the judge does not pay attention to the UNCLOS 1982 which explicitly states that illegal fishing perpetrators cannot be subject to corporal punishment, including imprisonment. The author suggests that in the future judges rely on progressive legal thinking when they want to apply confinement sanctions in lieu of fines against illegal fishing actors in the ZEEI.
Legal Protection of Workers' Rights in Indonesia Abdullah Izza Aprilla; Ghariza Azzahra Baidlowi; Mahendra Jaya Gumilang; Nabilla Dea Azzhramajid; Muchamad Ilham Utomo Putro
Proceeding International Conference Restructuring and Transforming Law Vol. 1 No. 1 (2022): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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One of the backgrounds for the birth of Law Number 13 of 2003 concerning Manpower is that several laws and regulations that have been in force so far have placed workers in a disadvantageous position in the service of manpower placement and the industrial relations system that emphasizes differences in position and interests, so that it is seen as not in accordance with the needs of the present and the demands of the future. The enactment of Law Number 13 of 2003 concerning Manpower is expected to: Enforce the problem of protection and guarantees for workers; Implement various international instruments on labor rights that have been ratified; As a member of the United Nations (UN) uphold and implement the Universal Declaration of Human Rights (HAM). Legal protection has been regulated in: the Preamble to the 1945 Constitution, which is based on Pancasila; the 1945 Constitution, namely: Article 27 paragraph 2, Article 28 D paragraph 1, paragraph 2, Article 33; Law Number 13 of 2003 concerning Manpower, and other regulations. Legally, the position of workers is free and balanced, but in practice it often creates an unbalanced situation, causing problems. To overcome this, a solution is needed so that it can be well received by all parties, is felt to be useful, has legal certainty and provides protection for all parties. The discussions in this study are: 1. How is the implementation of legal protection for workers' rights in labor relations in Indonesia. 2. Obstacles and efforts that must be made in providing legal protection for workers' rights in labor relations in Indonesia. The method used is normative juridical. Legal protection is provided in accordance with Pancasila and the 1945 Constitution.
How the Existence of International Public Policy in the Economic Field in the Implementation of a Policy in Indonesia Devana Ardelia Najlaa; Chika Afifah Suwandi; Diane Wimas Enjella; Afina Anindita Ektya Putri; Nabila Mazidatul Maftuhah; Aulia Ramadhani Adila
Proceeding International Conference Restructuring and Transforming Law Vol. 1 No. 1 (2022): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Public policy implementation is the implementation of a public policy through action in a way that is related to certain policies. Compiling this paper aims to discuss the concept of national and international public policy. By compiling this paper, it is possible to use the main sources from various literatures and significant discussions with the implementation of public policies, which have been complemented by the author's ideas on the given theme. As a result of this discussion, it has been determined that the implementation of public policy has been influenced by a number of factors including: aspects of authority, resources, and communication.In this application international economic policy is a science that examines how scarce resources are distributed to meet the needs of human life on a global scale. Indonesian economic policy or economic policy (economic policy) is a method of action taken by the government to regulate the country's economy to achieve certain goals
The Urgence of Enforcement of Administrative Law on the Implementation of Taxation in the Context of Welfare State Countries during the Covid-19 Pandemic Dina Aryanti; Nuria Enggarani
Proceeding International Conference Restructuring and Transforming Law Vol. 1 No. 1 (2022): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Administrative violations at the KPP Pratama Surakarta during the Covid-19 pandemic experienced an increase, so to overcome these problems it was necessary to enforce administrative law enforcement by implementing administrative sanctions in the taxation sector. This is due to reduce non-compliant behavior of taxpayers, as well as provide protection and certainty for taxpayers where the collected tax funds will be used to realize people's welfare. This research is a normative-empirical legal research using the legal approach and thesociologyof law. This study uses primary and secondary data. Then the data obtained is processed and analyzed by analyzing the data qualitatively. The results of this study indicate that the application of administrative sanctions during the Covid-19 pandemic at KPP Pratama Surakarta is the last solution in enforcing administrative law and has been applied according to the applicable tax regulations. And the urgency of the enforcement of administrative law on the application of taxation in the context of the welfare state during the Covid-19 pandemic at KPP Pratama Surakarta, namely if the compliance of both formal and material taxpayers is met, the collected tax funds will be used to realize the welfare of the people.
Contempt of Court in Renewal of Indonesian Criminal Law Based on Pancasila M Musmuliadin; Erlyn Indarti; Nur Rochaeti
Proceeding International Conference Restructuring and Transforming Law Vol. 1 No. 1 (2022): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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The act of harassment against the administration of justice is not new. However, these acts have been happening more frequently since the freer reform era. Actions and situations that occur in court such as obstructing and making noise during the trial process can be said to be Contempt of Court ("CoC") acts. CoC does not only apply to those who are not court officials but also applies to court officials in carrying out their duties and obligations. To see and analyze the Contempt of Court issue, it is necessary to know how the criminal law policy is in tackling offenses against the administration of this judiciary and how the concept of the Draft Criminal Code regulates it. To answer this question, in Point 4 Elucidation of Law No. 14 of 1985 the Supreme Court of the Republic of Indonesia has stated the need for regulation regarding the Contempt of Court through legislation. court officials themselves. In the Indonesian criminal law, the Contempt of Court has not been specifically regulated and the arrangements are scattered in several provisions of the Criminal Code article. However, in the context of reforming criminal law, especially in the Draft Criminal Code, the Contempt of Court is regulated in a separate chapter and formulated as a Crime Against Judicial Process which is a legal effort to defend the public interest and the rule of law so that the judicial process can be carried out fairly and fairly, without being disturbed. , influenced or undermined by other parties, both during the judicial process in court and outside the court building.
General Concept of Public Policy Implementation Athaya Yustia Shafa; Lelina Dewi Sahita; Mahardika Putri Laksono; Rima Althea Rianda; Jan Alizea Sybelle
Proceeding International Conference Restructuring and Transforming Law Vol. 1 No. 1 (2022): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Public policy implementation is the implementation or application of a public policy through programs, activities, actions, or actions in a mechanism that is bound to a certain system. The purpose of writing this article is to discuss the general concept of implementing public policy. The preparation of this article was carried out with the main reference sources from various literatures and research relevant to the implementation of public policy, which were complemented by the author's thoughts on the topics presented. The results of the discussion show that the implementation of public policy is influenced by several factors, including aspects of authority, resources, communication, and disposition. The dimensions that can be used to evaluate the implementation of public policies include consistency, transparency, accountability, fairness, effectiveness, and efficiency. Meanwhile, evaluation of policy implementation needs to be carried out comprehensively, which includes ex-ante, on-going, and ex-post evaluations of theimplementation of public policies. In making innovations and breakthroughs in services to the public, discretion can be exercised in the implementation of public policies as long as they do not conflict with applicable norms and regulations.
Village Development: Transendental-Based Policy for Utilization of Natural Resources and Environment Miftia Nur Annisa; Rika Maryani; Rina Arum Prastyanti
Proceeding International Conference Restructuring and Transforming Law Vol. 1 No. 1 (2022): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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This study aims to explore village development policies in the use of natural resources and the environment based on transcendental values, where the urgency of this research lies in the village development model by prioritizing the transcendental paradigm. This study uses a juridical - normative research method by reviewing Law No. 6 of 2014 concerning Villages which is harmonized with a philosophical approach. This study examines transcendental values as the basis for village development in utilizing natural resources and the environment, where previous studies were only oriented towards materialism in improving the economy of the community. The results of the study show that natural resources and the environment are gifts from God that must be able to be utilized for the benefit of the community. As a gift from God, natural resources and the environment in their use must always prioritize ethics and morals. Ethical and moral values are the essence of transcendence as well as capital in village development. While the results of the study concluded that the government's policy on village development through Law No. 6 of 2014 concerning Villages Article 81 (3), is very important to be carried out in order to be able to maintain natural resources and the environment that are beneficial to human life. The existence of transcendental values is able to preserve the ecosystem of natural resources and the environment for the development of villages in the archipelago. Ethical and moral values are the essence of transcendence as well as capital in village development. While the results of the study obtained a conclusion that government policy on village development through Law No. 6 of 2014 concerning Villages Article 81 (3), is very important to be carried out in order to be able to maintain natural resources and the environment that are beneficial to human life. The existence of transcendental values is able to preserve the ecosystem of natural resources and the environment for the development of villages in the archipelago. Ethical and moral values are the essence of transcendence as well as capital in village development. While the results of the study obtained a conclusion that government policy on village development through Law No. 6 of 2014 concerning Villages Article 81 (3), is very important to be carried out in order to be able to maintain natural resources and the environment that are beneficial to human life. The existence of transcendental values is able to preserve the ecosystem of natural resources and the environment for the development of villages in the archipelago. It is very important to run in order to be able to maintain natural resources and the environment that are beneficial to human life. The existence of transcendental values is able to preserve the ecosystem of natural resources and the environment for the development of villages in the archipelago. It is very important to run in order to be able to maintain natural resources and the environment that are beneficial to human life. The existence of transcendental values is able to preserve the ecosystem of natural resources and the environment for the development of villages in the archipelago.

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