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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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Increasing Sexual Violence by Children as A Reflection of The Improvement of Sex Education in Indonesia Ramadhana Satria Tamtama; K Kuswardani
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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The general opinion that sex education is taboo because sex education is not based on religious teachings assumes that sex education is the same as educating men and women about sexual relations. The aim of this research is to describe the increase in sexual violence against children due to a lack of sex education among children. Because this study is an empirical-legal study, the information needed is secondary information in the form of legal documents and primary information in the form of information from stakeholders, especially those related to children's problems. The results of the research show that society's perception of the taboo on sex education has a significant impact on the increase in sexual violence against children. Because stakeholders need to pay attention, especially in the education sector, to teaching about correct sexual education based on religion.
Legal Protection of Registered Marks Case Study: Ruling Number 1850 K/Pdt.Sus-HKI/2022 Fahmi Fairuzzaman; Kelvin Dean Putra Mahardhika
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Trademarks are a clear part of intellectual property that plays a vital role in the economic cycle of an industry in the field of trading goods and services. One of them is that the brand becomes an image of product quality and helps attract consumer interest in new products. Brand issues are still a problem that continues to be on the court table, therefore there must be strict regulations governing this matter. apply normative juridical research methods by examining library materials, namely primary and secondary legal materials. After the legal materials are collected, analysis is carried out and appropriate conclusions are drawn regarding the problems contained in the problem formulation. This research applies data analysis techniques using deductive logic. This conclusion is based on an analysis of the regulations regarding trademarks and decision Number 1850 K/Pdt.Sus-HKI/2022. This brand dispute will be analyzed according to existing regulations, from a brand law perspective in order to understand its essence and intent in resolving the legal problems discussed in this research. Therefore, here the panel of judges is required to be fair in giving a fair decision. So that no party feels cheated and seeks legal protection in other courts. And the theory of legal protection means that when a judge examines a case in this chapter, a trademark case must look at various existing legal literature and interpret it clearly in line with the applicable arguments.
Legal Protection for Children who are Victims of The Crime of Rape Ashylla Zabrina Dipayanti; Muchamad Iksan
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Children as members of the younger generation are a substitute for the country's independence aspirations and the potential for human resources for the founding of the country. Recently, sexual crimes against children have often occurred and the worst scenario is that sexual violence crimes now not only occur against adults but also children.Legal protection is the most important element in a legal state, because legal protection is the right of every citizen and the obligation of the state as the organizer of protection.applying normative juridical research methods, how to analyze library materials, namely primary and secondary legal materials. The threat to perpetrators of this rape, according to the criminal code regarding the crime of rape, is a maximum of 15 years. In fact, many perpetrators of rape do not receive the maximum sentence. Meanwhile, the victims have to carry stories of humiliation and psychological trauma for the rest of their lives. It's not fair.It is recommended that law enforcement officials protect children targeted for rape by safeguarding the victims' rights, so that the victims receive permanent mental and social rehabilitation. Request the government to provide facilities and infrastructure for the rehabilitation of child rape victims, so that the victims can continue their lives in the future. Suggestions for the community to help child victims of violence (rape) to be protected by law, so that Indonesia becomes a prosperous country for human-based welfare of the population.
Juridical Analysis Regarding Changes in The Regulations on Adultery in Law Number 1 of 2023 Concerning The Criminal Code in Indonesia Mutiara Ambar Solichah; Hanifah Febriani; 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

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This research aims to explain the comparison of adultery regulations in the old Criminal Code and the new Criminal Code, as well as the implications of changes to the adultery regulations in the new Criminal Code. The research method is normative. This research is a type of normative research that uses secondary data. The approach taken is a statutory and conceptual approach. The data analysis method used is qualitative. The results of this research are regarding adultery in the old Criminal Code which is regulated in Article 284 of the Criminal Code, which provides the meaning of adultery only between a man and a woman, one of whom is at least married, while the new Criminal Code is regulated in Article 411 of the Criminal Code, which expands the meaning of adultery. also covers men and women who are not related by marriage, who are threatened with imprisonment for a maximum of 1 (one) year. Adultery is a complaint offense in both the old and new Criminal Code, but in the new Criminal Code there are additional parties who can file a complaint about adultery, namely not only husband/wife, but also parents and children for people who are not related by marriage, in addition there is an increased threat of imprisonment in the new Criminal Code, namely for 1 (one) year. The implications of the changes to the regulation of adultery in the new Criminal Code are to minimize opportunities for adulterous behavior that could potentially be committed by married young couples, to apply customary law in Indonesia and to abandon western concepts, namely the Netherlands, to realize responsive criminal law, meeting the needs of Indonesian society. religious, and minimizing the presence of vigilantism by society, provides a deterrent effect because there are increased criminal penalties for perpetrators of adultery.
Reviewing Franchise Business Legal Regulations: A Perspective on Consumer Protection and Intellectual Property Rights Protection Dimas Guntur Kencono
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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This article discusses the legal perspective in franchise businesses. The franchise business has become a popular business model in Indonesia, however, this business model is not free from legal problems. The author discusses a strong legal foundation related to brand protection, franchise regulations, and its relationship to employment law. Apart from that, the author also discusses the franchise business model and the obligations that must be fulfilled by the franchisor and franchisee. The author believes that from a legal perspective, franchise businesses must comply with existing regulations, including brand protection and employment rights. Openness, transparency and balanced involvement between franchisors and franchisees also need to be emphasized. Therefore, parties involved in a franchise business must understand the applicable regulations and laws to avoid legal problems in the future.
Development of Land Legal Policy in The Reform Era Reviewed from The Perspective of Agrarian Justice Muhammad Farrel Haristyanto; Moh. Indra Bangsawan; Clarizze Yvoine Mirielle
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

Law Number 5 of 1960 concerning Basic Land Regulations or what we know as the Basic Land Law (UUPA) is one of the general policies in the form of statutory regulations that have been implemented for approximately 48 years. Land policy in Indonesia viewed from the perspective of agrarian justice is still not appropriate because in all social, political, legal and economic institutions, justice is the basic structure of society; because the regulation of social institutions has a fundamental impact on the prospects of an individual's life, the implementation of the UUPA has undergone various changes due to differences in the sequence of visions, missions, strategies, policies and government programs. Seeing that the human values embedded in land legislation are decreasing. The need for reform in the field of land law continues to emerge and continues to be carried out by the community, but the government has so far maintained the legitimacy of the UUPA by trying to adapt to the conditions that are developing in the current reform. This study aims to find out how land law policies in Indonesia and how land law policies are viewed from the perspective of agrarian justice. Then these problems are examined using descriptive-qualitative research methods using descriptive research types and secondary data sources.
Implementation and The Role of The Government in The Imposition of Income Tax (PPh) on Youtubers in Indonesia Iqry Izza Zakialdy; Ardiantoro Arno Haryanto; Nadzirah Nurul Hanan; Boris Gabe Tobing
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Youtube currently seems to have become a very promising profession or job. A YouTuber with a variety of creative content will get income from the videos he uploads. This is seen by the government as a potential sector to be subject to income tax (PPh) which can increase state revenue. This article was written with the aim of finding out how the current implementation is in collecting income tax on YouTubers and to find out the extent of the government's role in implementing income tax collection against YouTubers. The method of writing this article uses a descriptive analytical method with data collection using the literature study method. In Law No. 36 of 2008, it is explained that the object of income tax is any economic addition to the taxpayer. It can be seen that the income of several YouTubers has exceeded the specified non-taxable income (PTKP). Thus YouTubers must be taxed in accordance with the provisions of the applicable laws and regulations. The government as a supervisor in taxation in Indonesia must play a role especially in educating and socializing taxpayers and applicable laws and regulations, especially regarding tax revenue for YouTubers.
Juridical Analysis of Legal Considerations of Constitutional Court Judges Number: 46/PUU-VIII/2010 Review of Article 43 (1) of Law Number 1 of 1974 concerning Marriage Regarding the Status of Children Out of Wedlock Agung Dwi Prayogo; Nuria Siswi Enggarani
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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This investigation was carried out with the aim of proving the decision of the Constitutional Court regarding illegitimate children, in accordance with Law no. 46/PUU-VIII/2010, consideration of the Constitutional Court: Regarding the status of illegitimate children, see Law no. 46/PUU-VIII/2010 and its legal impact on the occurrence of the Constitutional Court Order regarding Article 43 paragraph 1 of the Marriage Law which regulates invalid marriages that produce children. The method used is normative legal research, namely an in-depth study of literacy related to the status of illegitimate children. The Constitutional Court's decision regarding the civil rights of children born out of wedlock is a decision that emerged from monitoring the rights of illegitimate children as a form of judicial review of marriage law. Children born from illegitimate marriages are not a matter of Constitutional Court decision no. 46/PUU-VIII/2010. This decision is an option that significantly affects the social freedom of illegitimate children. The novelty of this research lies in the research based on a phenomenon that often occurs today, namely the problem of pregnancy outside of marriage.
Implementation of Criminal Sanctions for Abuse of Government Subsidized Fuel (BBM) Transportation and Trade K Kuswardani; Antan Yuniar
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Fuel oil (BBM) is one of the vital elements needed to serve the needs of the general public. Basically, the government has policies regarding the use of fuel oil. One of them is the existence of subsidized fuel oil. The existence of subsidized fuel oil is due to the consideration that fuel oil is a vital commodity which can cause price increases for other commodities. Subsidized fuel oil is actually given to people from the middle to lower economic groups with the aim of getting fuel oil at cheap prices. However, this subsidized fuel oil sometimes does not meet the government's intended targets. This misuse of subsidized fuel oil is commonly carried out by commercial transport. It is stated in Law Number 22 of 2001 concerning Oil and Natural Gas that processing, transportation, storage and trading business activities can be carried out if a business permit has been obtained from the government. Proven as in case no. 123/Pid.Sus-LH/2022/PNKpg which violates Article 55 of Law Number 22 of 2001 in conjunction with Paragraph 5 number 9 Article 55 of Law Number 11 of 2020 concerning Job Creation by smuggling subsidized kerosene fuel. and diesel. The criminal act of misuse of commercial transportation of fuel oil is regulated in Article 55 of Law No.2/2001. Based on the description above, the problem that can be studied in this paper is identifying the unlawful nature of the criminal act of misuse of commercial transportation of subsidized fuel oil and how criminal sanctions are applied for this act.
Legal Protection Efforts for Wives and Children in Divorces Caused by Husband's Nusyuz Case Nabila Rahmawati Rama; R Rizka
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Divorce is the main cause of the dissolution of a marriage, as stated in Article 38 of UUP No.1 of 1974. Currently, one of the problems in society is the nusyuz case, which is defined as disobedience or non-compliance between husband and wife in prioritizing roles and obligations. contained in a marriage bond. The word nusyuz is found in Qs. An – Nisa verses 34 and 128, nusyuz cases are rife in religious courts. Therefore, the researcher used a normative juridical approach method by referring to Islamic law and positive civil law, statutory regulations and supported by secondary data in the form of interviews from several opinions and considerations of court judges' decisions. Comparisons with previous research can be found in interviews conducted by researchers with one of the chairmen of PA Surakarta, in terms of considering a decision in the form of livelihood, as well as developments in regulations issued by the Supreme Court. Often the children and wife are still the parties who suffer losses after a divorce, the basis for the judge's consideration in granting maintenance rights to the wife and children after the divorce. It is explained in Islamic law using 4 (four) methods: "Al - Qur'an, As - Sunnah, istidlal and ijma". Supported by Perma No. 3 of 2019, Law No. 16 of 2019 in regulating maintenance rights for wives and children. As an effort to protect the law, referring to the Decree of the Director General of the Supreme Court of Republic of Indonesia Religious Courts No. 1951 of 2021 concerning the Implementation of a Policy Brief Guaranteeing the Protection of the Rights of Women and Children Post-Divorce.

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