cover
Contact Name
Yasir Sidiq
Contact Email
lppi@ums.ac.id
Phone
+6282134901660
Journal Mail Official
lppi@ums.ac.id
Editorial Address
Gedung Induk Siti Walidah Jalan Ahmad Yani, Pabelan, Kartasura, Surakarta 57162, Jawa Tengah, Indonesia
Location
Kota surakarta,
Jawa tengah
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
Partnership Agreement: Study of Liquid Organic Fertilizer Processing on CV. Guna Daya Persada Kelik Wardiono; Faiq Muhammad Rafi
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The contract contains rights and settles the obligations of the parties. One side performs its obligations and has the right to get its rights, and vice versa. However, sometimes there are parties who do not carry out their achievements based on the agreement and make other parties feel disadvantaged. In civil law, a wish that is flawed or unfulfilled is called default or breach of contract. default is a term which means broken promise, found in book III BW. The purpose of the research is to describe the legal contract construction of CV. Guna Daya Persada and describes the legal protection of the parties in the agreement between CV. Guna Daya Persada with Mr. Ismail. The research method used is the normative approach method, namely the approach with the main source being a provision of the law and secondary data, namely the partnership cooperation agreement between CV. Guna Daya Persada with Mr. Ismail. The legal construction of the partnership cooperation agreement between CV. Guna Daya Persada with Mr. Ismail is a sui generis agreement or a mixed agreement between a work contract agreement and a sale and purchase agreement because the main rights and obligations in the agreement are in accordance with Article 1601 letter (b), Articles 1606, 1608 and 1457 of the Civil Code and there is legal protection in in terms of the obligation of the contractor to provide liquid organic fertilizer seeds to the contractor and pay for the work or processing of the contractor and the contractor's obligation to work on or process liquid organic fertilizer seeds that have been provided by the contractor to the fullest and best and hand over the processed products to the buying party. This is in line with Article 1601 letter (b), Article 1606 and Article 1457 of the Civil Code.
Potential for Legalization of Marijuana According to Islamic Law in The Study of The Rules of Fathu Dzariah wa Saddu Dzariah Ade Nur Rizal Lul Huda; M. Junaidi; Indah Maulani
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Determining the illegalization of marijuana in Indonesia always reaps many pros and cons in society. Law Number 35 of 2009 concerning Narcotics is the main basis for prohibiting marijuana plants for medical purposes, even though some treatments require the Thetrahydrocannabinol or THC-9 content of marijuana plants. Various attempts to release marijuana from Category I narcotics have occurred many times, both through literature from the marijuana research community, and even PUU before the Constitutional Court. The Ministry of Health has repeatedly issued regulations regarding the classification of Narcotics, but Marijuana is still in Class I Narcotics. In Islamic law, Marijuana is legal in jurisprudence in qiyas by several fiqh scholars with Khamr because it has similarities in the consequences of its use, namely loss of mind, even though The origin and substances contained are different. But there are several scholars who do not agree with this qiyas, this is based on Khamr which has no benefits at all while Ganja still has benefits in it, moreover, no Nash clearly mentions the prohibition of Marijuana in Islam. This research was conducted using the Normative Juridical research method, so this research will focus on the legislative approach, conceptual approach, approach to Islamic law and analysis of the rules of Usul Fiqh. The final aim is to state whether marijuana is worthy of being legalized in Indonesia in the study of the fiqh proposals of Fathu Dzariah and Saddu Dzariah's rules.
Muhammadiyah Klaten Regional Leadership Wakaf Management Reviewed from Law Number 41 of 2004 Concerning Wakaf Balqis Hawwa Fauziyah
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

A form of worship that aims to get closer to Allah SWT by linking material possessions is waqf. Islam places the practice of waqf as a very beneficial form of worship. This research is empirical juridical research, which means the research was carried out by going directly into the field or obtaining data from the field. The Klaten Muhammadiyah Regional Leadership has a characteristic, namely nazhir which is found in the Klaten Muhammadiyah Regional Leadership in the form of a legal entity, namely a Persyarikatan, because the Muhammadiyah Association cannot carry out its duties directly, the Muhammadiyah Association gives delegation or delegation of authority to someone within the Muhammadiyah Association to become a Nazir. The management of waqf assets in the Klaten Muhammadiyah Regional Leadership is managed professionally in accordance with Islamic regulations and rules, the large amount of waqf assets makes waqf management in the Klaten Muhammadiyah Regional Leadership have a special characteristic, namely Persyarikatan.
Implementation of Law No. 23 of 2011 Concerning Zakat Management in LAZISMU and LAZISNU Surakarta Sekar Ingtyas Garnis Waninghyun Sejati; M. Junaidi; Mutimatun Niami
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Quality zakat management institutions should be able to manage existing zakat effectively and efficiently, such as LAZISMU and LAZISNU Surakarta as Amil Zakat Institutions that collect and distribute zakat, infaq and shodaqoh. The problem formulation in this research is how to manage and supervise the collection of funds at LAZISMU and LAZISNU Surakarta and how to manage and supervise the distribution of zakat at LAZISMU and LAZISNU Surakarta. So this research aims to describe the management and supervision of zakat carried out at LAZISMU and LAZISNU in Surakarta. The method used is the empirical juridical method using interview techniques and literature study. The results of this research are that various types of collection and distribution are carried out by LAZISMU and LAZISNU Surakarta with their respective Flagship Programs, and there is a supervisory body that carries out supervisory functions over the collection and distribution of zakat, infaq and shodaqoh from external, namely the Ministry of Religion and from Internal in accordance with respective Islamic Community Organizations.
Analysis of Judges' Considerations in Determining Child Support after Divorce (Study of Judge's Decision Number 0233/Pdt.G/2017/MS-MBO) Muhammad Adipa Ghaza Al Azmi; M. Junaidi; Tomás Mateo Ramon
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

A child's livelihood is everything a child needs to grow and develop, for example food, clothing and shelter. The responsibility for child support lies with the parents. However, in the case of divorce, the father is still responsible for the child's life even though the child is being raised by the mother. The child's income level does not determine the minimum or maximum gross income that must be adjusted to the father's economic strength. If the father cannot really provide for the child's needs, the responsibility for the child's expenses lies with the mother. Judge's decision no. 0233/Pdt.G/2017/MS_MBO shows that the panel of judges reduced the nominal amount of child support requested by the defendant from the plaintiff. The child's expenses were initially claimed to be IDR 1,600,000, - set by the jury at only IDR 600,000, - with an additional 20% per year, the child's income will be reduced compared to the IDR originally requested. Therefore, this article will be serious about the basis of the judge's intention to reduce the amount of child support and how the child's income is determined according to Islamic law. The research methods used are field research and library research. The results of the study explain that the main basis for the judge's consideration was to reduce the child's income by the amount required due to the father's inability to pay for it. Second, the determination of child support in the decision is in accordance with Islamic law because the rules of Islamic law explain that the implementation of child support by the father must be in accordance with the father's financial capabilities.
Analysis of the Employment Law Policy for Foreigners in Indonesia in the Job Creation Law Viewed from an Islamic Law Perspective, Fathu Dzariah Wa Saddu Dzariah Rules Benanda Bunga Natasha; M. Junaidi
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

On January 22 2020 the DPR RI inaugurated the Draft Law (RUU) which included the Job Creation Bill. The inauguration of the Job Creation Bill under the leadership of President Joko Widodo aims to provide investment breakthroughs in the economic sector in Indonesia, so that it can compete with other countries. But it is very unfortunate that the steps and goals that were expected to bring progress and goodness to the Indonesian state have instead become a frightening specter among Indonesian society. The specter in question is the contents of the Omnibus Law in the Job Creation Law which provides freedom and ease for foreign workers to enter Indonesia. Meanwhile, on the other hand, there are laws which are felt to have overlapping roles, namely between Presidential Decree Number 20 of 2018 and Law Number 13 of 2003 relating to the obligation for foreign workers entering Indonesia to have written permission from the Minister or appointed official who ratifies it. According to the background of the problem above, there is a fundamental problem that will be discussed, namely how is the analysis of the Job Creation Law regarding foreign employment in Indonesia viewed from the perspective of Islamic law using the rules of Fathu Dzariah wa Saddu Dzariah? With a phenomenon like the one above, Islamic Law provides confirmation that the policy implemented by the government regarding the new regulations governing foreign workers to enter Indonesia more easily is something that causes harm even though it has a good aim for the Indonesian economy, but The bad impacts it causes are more than the good impacts on society.
Juridical Review of Trademark Disputes in Indonesia: Case Study of the Trademark "Buddha To Buddha Bv" in Supreme Court Decision Number 1014k/Pdt.Sus-HKI/2016 Mia Novita Sari; Taufiq Nugroho
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Brands play an important role in the business world, which is related to the rapid growth of the trade sector and even unites the business world as a single market. Even so, what happened in this area was not as anticipated by Law no. 15 of 2001 which has been modified into Law no. 20 of 2016 No. 3, namely that there are still many violations and disputes found. This writing applies a normative juridical approach. The type of research used is descriptive research. The data used is secondary data in the form of primary legal data, secondary legal data and tertiary legal data. The results of this research are that Utami Silver violates Article 76 and can be charged under Article 91 of the Trademark Law no. 15 of 2001 because Utami Silver markets jewelry with similar products. Through Buddha to Buddha By.
Juridical Review of Legal Protection for Registered Trademark Rights Owners: Case Study Decision Number 242 K/Pdt.Sus-HKI/2022 Fahmi Fairuzzaman; Safwah Adea Nugrahani
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Brand disputes are a matter that still frequently occurs in Indonesia. As in the case of the ARRA + LUKISAN brand and the COCO ARRA brand. ARRA + LUKISAN filed a lawsuit at the Commercial Court because its brand had been imitated and was substantially similar. The formulation of the problem in this research is the first to file principle in terms of the MIG Law and legal protection for first to file data collectors in the case of Decision Number 242 K/Pdt.Sus-HKI/2022. The method applied is normative juridical. The results of research regarding the first to file principle in the MIG Law are that it provides legal protection for the first registrant. Furthermore, regarding legal protection for the first trademark registrant in the case of Decision Number 242 K/Pdt.Sus-HKI/2022, namely the ARRA + LUKISAN trademark, obtained through the results of a decision at the cassation stage which has permanent legal force, namely approving the cassation request by the Cassation Petitioner, canceling the Decision. Commercial Court at the Central Jakarta District Court Number 70/Pdt.Sus-HKI/Merek/2019/PN Niaga Jkt. Pst, then instructed the co-defendants to cancel the registration of the COCO ARRA mark.
Analysis of Legal Reasoning of Judge's Ruling Number 0124/PDT.P/2019/PA.SAL Concerning Pre-Marriage Pregnancy Marriage from An Islamic Legal Perspective Muhammad Johansyah Maulana; M. Junaidi
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Marriage age is the most crucial element in the household. The age limit for Indonesian citizens is principally intended so that anyone who marries has a mature mind, a mature soul and sufficient physical strength, so that the potential for marital breakdown which leads to divorce can be avoided because they have a mature understanding and awareness regarding the purpose of marriage. which focuses on aspects of inner and outer happiness. This research uses a type of normative legal research by examining regulatory aspects regarding the concept of implementing legal protection for marriage in Decision 0124/Pdt.p/2019/PA.Sal and Law Number 16 of 2019. The judge's reasons for granting marriage dispensation by the applicant are by considering the goodness or the benefit of the people, the benefit of the child being conceived by the bride who is currently 4 months pregnant. Granting the reason for marriage dispensation must be prioritized because it is feared that it will cause greater damage. These reasons are considered by the judge in granting the request for marriage dispensation in the Compilation of Islamic Law in Indonesia which is set out in Keppers No. 1 of 1991 and Decree of the Minister of Religion No. 154/1991 stipulates that a woman who becomes pregnant outside of marriage can only be married to the man who impregnated the woman. This kind of marriage can be carried out directly without waiting for the birth of the baby the woman is carrying and there is no need for remarriage (tajdidun nikah).
Analysis of The Supreme Court's Decision in Case No. 916/PDT.P/2022/PN.SBY in Granting The Application for Registration of Interfaith Marriages in The Perspective of Marriage Law No. 1 of 1974 Nugroho Putra Liyanto; M. Junaidi
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Indonesia is a country with multi-religious citizens. The large variety of religions and beliefs held by Indonesians makes it possible for them to have heterosexual marriages. Marriage regulations in Indonesia are stated in Law No. 1 1974 concerning marriage. How the place of marriage between different religions in the law is still a matter of debate. There is an article that says that about marriage between different religions. The decision of the Supreme Court of the Republic of Indonesia regarding accepting the request for freedom from marriages of different religions. The Surabaya District Court is the entry point for the legal legitimacy of marriages of different religions in Indonesia. The purpose of this article is to review and analyze the Supreme Court's decision in issuing a request for registration of marriages between different religions at the Surabaya District Court, and examine the legal position of marriages between different religions in Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law. Studying it is a normative study using legal methods in Indonesia. Based on the analysis of legal hardware, it is found that marriages of different religions according to Indonesian marriage law are prohibited and declared invalid.