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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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Law Enforcement Against Perpetrators of the Crime of Smuggling Imported Used Clothes According to Positive Law Haekal Abdatamma Ramadhan; 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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Abstract

Smuggling is an act that controls goods by stealth which certainly violates laws and regulations. Lately, the crime of smuggling imported used clothes often occurs in Indonesia. This is motivated by the Indonesian people who are more interested in foreign products and the price is sloping. So that these smuggling individuals are interested in taking greater advantage of this act of smuggling imported used clothes. On this occasion, the author uses a normative juridical method based on Indonesia's positive legal perspective. Then, this type of research uses qualitative descriptive with data analysis techniques derived from literature studies by reviewing books and involving literature related to the problems raised in this journal. Enforcement against the perpetrators of the crime of smuggling imported used clothes cannot be underestimated. The government together with law enforcement officials, especially customs, must be more responsive in monitoring the gaps in the entry of goods from abroad. Law enforcement against perpetrators must be dealt with firmly, considering that this smuggling has had a major impact on the country's income and progress. Various laws and regulations have long been present to maintain the smuggling attempt, only later the government and the government can carry out these regulations optimally.
Socialization of Legal Understanding towards Street Merchants (PKL) who Provide Trading in Locations that are Prohibited From A Progressive Law Enforcement Perspective Diana Setiawati; Orryza Almira Mauriska
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

Consumers have the right to use services provided by business actors, including the right to security and comfort, including the use of personal data which should be kept confidential by business actors. In fact, based on Decision Number 90/Pdt.sus-BPSK/2021/PN.Mdn. consumers are harmed because their personal data is accessed without permission by the provider, thereby causing losses to consumers. From this description, it can be seen that there is a gap between das sollen and das sein which needs to be analyzed further in this research. This research aims to find out and analyze legal protection for consumers of postpaid providers regarding hacking and use of personal data without permission based on Law Number 27 of 2022 concerning Personal Data Protection and to find out and analyze the legal consequences arising from use of personal data without permission. The legal research method in this research uses normative juridical research to examine norms, principles, theories, doctrines, etc. related to the research problem, with a statutory approach, the data in this research is secondary data with a library data collection method, and analyzed qualitatively. Based on the research results, it can be seen: (1) Consumers can be protected by Law Number 8 of 1999 concerning Consumer Protection regarding legal protection of their rights as consumers, but this results in the failure to fulfill legal protection for personal data. So, in providing legal protection for consumers' personal data, it can be protected by Law Number 27 of 2022 concerning Personal Data Protection; (2) The resulting legal consequences may be subject to legal liability and sanctions, if based on Law Number 27 of 2022 concerning Personal Data Protection they can be imposed in accordance with Article 67.
Environmental Social and Governance (ESG) based Mutual Fund Investment in Indonesia Iramadya Dyah Marjanah; 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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Abstract

Investment is a familiar activity in the 4.0 era like today. By utilizing technology that is always developing, Indonesia has become one of the countries that has experienced a significant increase in investment, especially in the capital market. One investment that is growing rapidly is mutual fund investment. Based on the KSEI report, investors in the capital market are dominated by those aged under 30 years, namely 60.32%. Mutual fund investment is an investment that has various advantages. Every investment definitely has risks. Mutual funds are no exception, there are also some risks. Indonesia is a country that has the potential for new renewable energy (EBT), so investing in ESG mutual funds is very suitable in Indonesia. This research uses normative juridical methods. This research uses a qualitative approach. The data used in this research is data originating from literature searches, statutory regulations, and other literature studies. The results of this research areinvestmentThe novelty of this research is that the application of ESG in mutual fund products is quite interesting in terms of paying attention to the surrounding environment. That the regulations regarding investments that adopt the ESG system do not yet have specific regulations governing their implementation. The rule of law is very necessary in order to avoid unwanted fraud. This article tries to provide an alternative to how important ESG-based investment is in Indonesia.
Effectiveness of Regional Policies and Strategies in The Management of Household Waste and Waste A Kind in Bakalan Village, Polokarto District Sukoharjo District Ichlasul Alfian Haqi; Nunik Nurhayati
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

The waste problem in Indonesia is of concern to the government because waste processing and management in Indonesia is below standard. In this case, the central government mandates that each region prepare a Regional Policy and Strategy (JAKSTRADA) for the management of household waste and similar waste based on this. By 2025, JAKSTRADA has a target of reducing household waste and similar waste by 30% and waste handling by 70%. This research aims to determine: 1) An overview of the management of household waste and similar waste in Bakalan Village, Sukoharjo Regency. 2) The effectiveness of Sukoharjo Regent Regulation Number 57 of 2018 concerning the management of household waste and similar waste in Bakalan Village, Sukoharjo Regency. The results of this research show that the effectiveness of JAKSTRADA according to the five indicators of legal effectiveness, namely legal factors, law enforcement factors, facilities and facilities factors, community factors, and cultural factors can be said to be ineffective. The obstacles encountered in achieving the effectiveness of JAKSTRADA are: 1) lack of intensive outreach 2) people who ignore household waste management 3) lack of facilities and facilities to support waste management.
Juridical Review of Standard Clauses in Goods Expedition Agreements Based on the Consumer Protection Law (Study at the J&T Express Company) Diana Setiawati; Pradika Dhony Indrawan
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

Goods delivery services are an economic activity that is currently developing very rapidly and always prioritizes aspects of efficiency for its users. Users of goods delivery services are consumers of goods delivery services. The implementation of this efficiency aspect is carried out through the inclusion of standard clauses in goods delivery agreements, this is done to avoid protracted negotiations between business actors and consumers. J&T Express as a goods delivery service business also includes standard clauses. In including standard clauses, J&T Express must pay attention to the provisions in the Consumer Protection Law in the form of a prohibition on the inclusion of certain standard clauses, if the delivery agreement violates the provisions in the Consumer Protection Law it will be declared null and void. This research aims to find out and analyze the standard clauses contained in the J&T Express goods delivery agreement in terms of Law Number 8 of 1999 concerning Consumer Protection (UUPK) and to find out the legal consequences of including these standard clauses. The research method used is a normative juridical approach and descriptive analysis. The research results obtained according to the analysis carried out by the author illustrate that J&T Express, in including standard clauses, transfers responsibility which results in the consumer's rights not being fulfilled, there are several standard clauses which fulfill the elements of Article 18 paragraph (1) UUPK, therefore the legal consequences of the delivery agreement by J&T Express are stated null and void by law, this is in accordance with the provisions of Article 18 paragraph (3) UUPK which states that if there is a standard clause that is not in accordance with the provisions, then it will be declared null and void by law.
Analysis of Legal Regulations Relating to Menage, Pregnancy and Parenth Leave based on Positive Law in Indonesia Saffa Abdullah Abdad; Alisa Zahra Sakdiya; Anissa Nur Zahrani; Nabila Ikbal; Safira Hafis Pradina; Tasya Cantik Alya Nabila
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

The role of women is not only in the house but also has the opportunity to work just like a man. Women have a lot of potential both in terms of intellectual abilities and skills which then encourages a woman to enter the world of work. This research is a normative research method, namely legal research conducted by researching literature or secondary data which emphasizes the matter of statutory provisions related to menstruation and maternity leave. Based on the results of the research, arrangements regarding the right to leave for menstruation, pregnancy and childbirth are based on the positive law currently in effect in Indonesia. Leave is one of the solutions in women's performance in overcoming these problems. With the issuance of Law Number 13 of 2008 concerning the rights of women workers. Regarding the right to menstruation leave, female workers convey this to the company so that they are not required to work on the first and second day during menstruation. The right to maternity and maternity leave is regulated in Article 82 paragraph (1) of Law Number 13 of 2003 which states that female workers only get 1.5 (one and a half) months of rest before she gives birth and 1.5 (one and a half) months after she gives birth. the baby which must be based on calculations made by doctors and midwives. In this way, women workers receive protection for their own roles and health background, which men cannot have, such as menstruation, pregnancy, childbirth and breastfeeding babies.
Application of Criminal Sanctions against Theft Perpetrators in Forced Conditions (Comparison of Positive Law and Islamic Law) Yoga Rizka Kusuma; Bambang Sukoco
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

Crimes against the property or wealth of others have occurred in many communities. This is done in various ways and opportunities are done alone or also done in groups. The law of theft is divided into several kinds of criteria depending on how much loss from the goods taken. Judging from the positive law, the crime of theft has been regulated in articles 362-367 of the Criminal Code which in these articles have criteria and additional weights in order to provide justice for potential victims and potential defendants. Whereas when viewed from the review of Islamic law, the rule will remain at any time because it has been explained in the Qur'an and hadith and the punishment limit for the severe, and the punishment of tak'zir for the light. The results of this study will show, among others, the similarities and differences in the application of criminal sanctions in terms of positive law and Islamic law. Both have similarities that both have criteria in the sanctions given to provide a deterrent effect, while the difference between the two from the law used is because Islamic law uses the legal basis of the Qur'an, hadith, and the agreement of scholars.
Implementation of Goods and Services Procurement Agreement Between CV. Sabicho with SMP Negeri 2 Tasikmadu Karanganyar: Analysis Based on Presidential Regulation Number 12 of 2021 Diana Setiawati; Rosita Rahmawati
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

Procurement activities for government goods or services are included in civil legal relations because the organizer and the provider of goods or services actually sign a contract to meet the needs of the user of the goods or services. Procurement of goods or services is carried out through stages of the procurement process, where finally the selected provider of goods or services will sign an agreement/contract with the user of the procurement of goods or services. The agreement/contract contains an agreement between the official who is the first party procuring goods or services and the provider of goods or services who is the second party. The purpose of this research is to determine the implementation of the agreement and also the legal consequences if there is a default in the agreement for the procurement of goods and services. In this research, the method used is the juridical-normative (doctrinal) method which the author uses to analyze and describe agreements for the procurement of goods or services. The research results show that the implementation of the agreement to purchase goods or services signed by both parties is a standard agreement and the legal consequences arising from the agreement are in accordance with presidential regulation no. 12 of 2021 Amendment to Presidential Regulation no. 16 of 2018 regarding the procurement of government goods or services and also the Civil Code.
Description of Criminal Actions and The Legal Consequences Given against Criminal Actions Alif Nurochman Hakim; 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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Abstract

Entering the era of digitalization, ease of access and effectiveness of work on the network it can be increasingly felt. With this, life exists increasingly instantaneous with the presence of knowledge and technology. Then on the side Apart from that, we also need to realize that there are many things that are increasingly complex arise. It is as if everything present on this earth is correlated with each other and also among one another with others without clarity between the boundaries of interaction permitted or prohibited. Then indirectly this causes crime to increase. Many crimes occurred making people more aware of the importance of protecting each other each individual. One form of protection is attachment to law. In Indonesia itself, law is a very fundamental thing regulate state life. Equivalent to Article 1 Paragraph 3 that is Indonesia is a state of law.This research article applies normative juridical research methods by examining library materials, namely primary and secondary legal materials. The data collection technique uses library research, by collecting data and information or legal materials related to the substance of the research. 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 criminal regulations. Criminal problems are still widespread, this will be analyzed according to existing regulations, from a legal perspective in order to understand the essence and intent in resolving the legal problems discussed in this research.
The Urgency of Employment Law for Informal Sector Workers in the Welfare State Concept Rinto Angga Puja Kesuma; Tahta Radya Panigarahardja; Fahma Pantria; Angga Putra Adi Pratama; Jan Alizea Sybelle
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

The aim of this research is to re-evaluate the importance of labor laws for informal sector workers within the framework of the Indonesian welfare state concept. The research technique involves studying a normative legal approach or documents or literature that only focuses on labor law currently in force in Indonesia. Qualitative methods of technical analysis are used to explain relationships between objectively determined phenomena, concepts, data, or facts. Based on the results of this research, the Employment Law in Indonesia still ignores the rights, dignity, standard of living, and even the work environment of workers in the informal sector. The National Employment Law has legal loopholes because it does not provide legal protection, guarantees and social security for informal sector workers. This demand is contrary to the concept of Pancasila and the 1945 Republic of Indonesia Constitution. Therefore, the government is expected to work together with the legislature to improve the Labor Law so that all parties are in the same position in the production process so that companies can develop. Meanwhile, these efforts are generally expected to lead to harmonization of laws for informal sector workers in the field of employment, especially in the Indonesian welfare state.

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