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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.
Arjuna Subject : -
Articles 389 Documents
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E-Wallet (Study on Legal Protection for Fund Users, OVO, Link Aja) Andria Luhur Prakoso; Nabil Dzaky Nuafal
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

Electronic wallets are still important to support activities in the economic sector, but not only do consumers feel the good impact, but there are also disadvantages for the consumers themselves. This research uses normative methods and collects data through library research and the results of this research inform readers about how to claim compensation caused by the application that is examined and the responsibility of the business actor in providing where and guarantees for consumers who use e-wallet application.
Juridical Analysis of Car Rental Agreements (Study at PT. Persada Solo) Dhimas Ardiansyah; Andria Luhur Prakoso
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

Relations between humans in the era of globalization are very urgent, especially in activities to fulfill their needs. Humans, in order to fulfill life's affairs, are obliged to maintain social activities between humans. This form of interaction can also take the form of legal action. Legal relationships are relationships regulated by law. The relationships regulated in this law are the relationships between the rights and obligations of state residents, between individuals and citizens, and with other people in social life.Agreements can be made by anyone who has an interest in making an agreement, and each party has the authority to make an agreement, unless the law determines that they do not. Failure to speak is defined in article 1330 of the Civil Code.The writing model used in this article is normative legal review, namely research carried out by examining various legal provisions of various forms such as laws, regulations and literature containing theoretical principles which are then linked to the discussion of this journal. The strategy used is a statutory approach and then a conceptual approach. In the PT Persada Solo agreement, it is a valid agreement but there is a party who must compensate for losses in this incident, someone must replace the damage to the car. And you can choose which route to take, whether through court or non-litigation. The agreement with PT Persada Solo is regulated by several rules in Indonesia, for examplearticle 1313 of the Civil Code,Government Regulation no. 41 of 1993 concerning Road Transport as wellArticle 1548 of the Civil Code essentially means renting. In essence, the legal cause of legal action is that sanctions are imposed on those who are found guilty or have violated the agreement.
Unlawful Acts (Onrechtmatigedaad) regarding Land Ownership Disputes (Study of Marisa District Court Decision Number: 11/Pdt.G/2019/PN.Mar) Awalulkhairi Santosa Putra; 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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Abstract

In cases regarding land, they are often related to civil cases which fall into the field of unlawful acts (Onrechtmatigedaad), Article 1365 of the Civil Code (KUHPer). Looking at the decision regarding unlawful acts in the case of land disputes based on the Marisa Court Decision Number: 11/Pdt.G/2019/PN Mar, the Marisa District Court judge decided that the Defendant had committed an Unlawful Act against the land rights owned by the Plaintiff.This research uses a juridical normative approach whose main data source is secondary data, namelylegal norms contained in statutory regulations and court decisions as well as legal norms that exist in society. From this research, the results obtained are thatThe author describes the elements of each unlawful act in Article 1365 of the Civil Code from case number: 11/Pdt.G/2019/PN.Mar. So it is true that the Defendant has fulfilled all the elements in committing an unlawful act. That according to the Panel of Judges in its legal considerationsA private sale and purchase agreement regarding land rights is valid and has binding legal force as long as the agreement is carried out clearly and in cash and is witnessed and acknowledged by the Village. So that the ownership of the plaintiff's land rights legally belongs to him.
Juridical Review of Rejection of Applications for Adoption of Children Muhammad Hamam Firdaus; Marisa Kurnianingsih
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 research aims to examine the problem regarding the rejection of the application for adoption by examining the judge's considerations in decision Number 0001/Pdt.P/2016/PA.Sbs, Number 404/Pdt.P/2017/Po and find out the legal consequences regarding the rejection of the application for adoption or adoption. child in the decision. This research method uses a normative juridical method, with a statutory approach and a case approach. The results of this research can be explained in the application for the adoption of a child, there are several applications that were rejected by the panel of judges as found in decision Number 0001/Pdt.P/2016/PA.Sbs, Number 404/Pdt.P/2017/Po which was due to the purpose of the adoption The child is proposed by the applicants and the conditions proposed in the adoption of the child are not relevant to the law in force in Indonesia and the legal consequence of refusing to adopt the child is that there is no transfer of responsibility to the child by the prospective adoptive parents, but the child is returned to the responsibility of the child. his biological parents due to the rejection of his application for adoption.
Law and Consumer Protection: Study of the Scarcity of 3 kg LPG Gas Consequences of Unfair Business Competition Muhammad Anas Arifin; Kelik Wardiono
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

This research, which aims to describe forms of unfair business competition practices which result in a scarcity of 3kg LPG gas and protection for consumers, is based on legal research with a non-doctrinal approach. The data in this research is primary data collected through interviews with informants selected purposively , and supported by secondary data collected by literature study. Based on the results of research and discussions conducted on business actors, it was found that there were business actors who carried out unfair business competition by practicing closed agreements; as well as business actors who carry out monopolistic practices, resulting in a shortage of 3 Kg LPG Gas and causing harm to consumers.
Constitutional Court Judges' Interpretation on the Limitation of Presidential and Vice-Presidential Term of Office: A Study of the Decision of the Constitutional Court Judge No. 117/PUU-XX/2022 Dewi Iriani; Muhammad Fauzan; Esti Ningrum
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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Purpose of the Study: This paper aims to analyze the philosophical meaning behind the Constitutional Court judges' interpretation of Decision No. 117/PUU-XX/2022 on the limitation of presidential and vice-presidential terms of office. It also aims to analyze the limitation of the presidential and vice-presidential term of office in the legal transformation and renewal in Indonesia. Methodology: This was normative research that used the qualitative method. The writer used the development law theory and judges’ interpretation and philosophical theory. Results: It was found that the Constitutional Court judges' interpretation of Decision No. 117/PUU-XX/2022 considered the grammatical interpretation, sociological interpretation, systematic interpretation, historic interpretation, comparative interpretation, and futuristic interpretation. In the legal transformation and renewal in Indonesia, the limitation of the presidential and vice-presidential term of office aims to create a checks and balances system among the state's high institutions. This limitation is already according to the 1945 Constitution. Applications of this Study: This research can motivate political parties to presidential and vice-presidential candidates that have integrity, morals, and character, as presidents and vice presidents can only serve for two periods. Thus, it is best to find the best candidates to serve the country. Novelty/Originality of this study: There has not been any previous research that analyzes Constitutional Court judges' interpretation of Decision No. 117/PUU-XX/2022 on the limitation of presidential and vice-presidential terms of office.
Comparison of Indonesian and Malaysian Criminal Laws in Regulating Acts of Abuse Against Minors Sadida Amalia Izzatul Haq; Natangsa Surbakti
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 is about criminal law related to child abuse. The research used is a comparative approach, ie comparing the criminal laws of the two countries based on normative legal concepts. Here is an analysis of the concept order formulation for abusive behavior against minors. In Indonesia, the Child Protection Act No. 35 of 2014 applies and in Malaysia, the Children's Act of 2001 applies. The purpose of this study is to clarify the differences and similarities between the two countries' views on child abuse regulation. The results of the two countries' basic thinking on crime and sanctions formulation are similar. In other words, it has been less than 18 years since both countries ratified their child age limit regulations, ie human rights treaties. There are some differences, such as criminal sanctions against children, punishment systems, child protection authorities, and provisions for establishing criminal offenses for child abuse. The conclusion of this article is that important to study this issue on both countries through a comparative approach that takes into account differences. Moreover, many ideas can be used to formulate abusive behavior towards minors in Indonesia.
Principle of Freedom of Contract in On-Line Trade Transactions (E-Commerce) (Comparison of Civil Law System, Common Law System and Islamic Law System) Any Farida
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

Advances in computer and internet technology, as well as cyberspace, facilitate relationships between humans, including trade transactions.The transaction process carried out in the business world without any meetings between the parties is called electronic commerce. E-commercewhich is carried out through the exchange of information without a physical meeting of the parties, raises very basic problems and requires reconstruction of the theory of contract law, namely: How to implement the principle of freedom of contract in e-commerce transactionsand the limitations according to the civil law system, common law system and Islamic law system? This research was carried out using a normative juridical approach (doctrinal research), with descriptive comparative legal research specifications. The data collection method used is literature study, data analysis using deductive analysis methods.The principle of freedom of contract in transactionse-commerceaccording to the legal systemcivil law system, common law systemAndIslamic law systemcan be implemented properly, even though in general it is a standard contract whose contents and format have been created and prepared by one of the parties (seller/merchants). This freedom of contract is seen when there is an agreement between the seller/merchantswith buyers/consumers who are indicated by filling in the order form provided by the seller/merchantsand “click” of approval by the buyer/consumer. The transaction continues with payment via transfer and delivery of goods via courier which can be proven by a receipt for the transfer and delivery of goods. Freedom of contract is limited by state law, viz does not conflict with the law, decency and public order. Meanwhile, according to Islamic law, transactionse-commerceequated with buying and selling orders (Greetings)and the law is permissible (permissible) which must be based on mutual consent (without compulsion), implemented with true intentions (sincere, good faith), not detrimental to other parties and beneficial.
Sriwedari Mosque Land Dispute, Surakarta Land Law Study Arvian Putra Ramadhan; Arief Budiono; Robert Lengkong Weku; Jamal Hi Arsad; Faisal Faisal
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

Legal certainty in the land sector is indeed a necessity that must exist, but researchers have found that there are many individuals taking advantage of the weakening of law enforcement which has resulted in an increase in several land disputes. The aim of this research is to identify the factors causing land disputes at the Sriwedari Mosque in Surakarta. This research is research that uses sociological legal methods with a qualitative descriptive approach which was carried out on Jl. Slamet Riyadi Taman Sriwedari, Surakarta city in March-May 2023 using data collection techniques, namely literature study and interviews. Meanwhile, data analysis techniques utilize comparative studies. Based on the research results, the researchers concluded that the chronology of the Sriwedari land, which is now a problem regarding land disputes, was originally purchased by Paku Buwono (PB) This right to land ownership is what caused the land dispute at the Sriwedari Mosque in Surakarta and the construction of the mosque to stop.
Initiating how to Work the Maqashid Al-Syariah Theory from Asy-Syahtibi towards the Problem of Thrifting (Trading in Second-Hand Clothes) in Indonesia Ridho Bawana Jati; Wardah Yuspin
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 has the aim of how the maqasid sharia theory works on the problem of thrifting (used clothing trade) in Indonesia. The research method using normative juridical qualitative research is a research method where the research is sourced from legal norms which are obtained from statutory regulations and court decisions. This research approach uses literature studies, official documents and books that are relevant to the problem of this research. This research focuses on Islamic legal regulations regarding Thrifting (Used Clothes Trade) according to Asy-Syahtibi's maqasid sharia theory, while previous research explored more about the law of this object, whether or not it is prohibited for the Thrifting (Used Clothes) Trade. The application of Thrifting (Trading in Used Clothes) is in the theory of maqashid al-syariah where the theory discusses two (2) benefits, namely first, the realization of benefits, goodness and pleasure which is called jaib al-munafi'. Second, avoid evil and damage which is called dar' al-mafasid. Where Thrifting brings about ugliness and chaos or is called dar' al-mafasid because it causes various problems such as many shops selling Thrifting clothes, many garment shops are closed and there is a lot of environmental pollution. Thrifting (trading in used clothes) causes a lot of harm and damage, such as many shops selling thrifted clothes, many garment shops are closed and there is a lot of environmental pollution.

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