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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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Analysis of Consumer Protection for Medicines and Foods That Are Not Registered with BPOM Bayu Nugroho; Arief Budiono
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 author writes a journal by analyzing and explaining BPOM's goals in enforcing and enforcing consumer protection regulations based on the Consumer Protection Administration Law No. 8 of 1999. In this case the Food and Drug Supervisory Agency (BPOM) has a role and responsibility for the circulation of each drug and food product in the framework of granting permits for each drug and food product circulating in the community. The Food and Drug Supervisory Agency (BPOM) is a government agency responsible for drug and food control. The Consumer Protection Law prohibits the manufacture of goods for the general public, namely the types of goods listed in Law Number 8 of the Republic of Indonesia concerning Consumer Protection for the purpose of increasing knowledge and skills (1999 Consumer Protection Law). violated because of the indiscriminate nature of the company's behavior. and independence of consumer self-defense. Protect the dignity of customers by protecting them from harmful use and oversupply of services. Empowering consumers by letting them choose the products they want to buy and asserting their legal rights.
Law Enforcement Based on the Age of Thinking (Mesu Budi): Beyond Call for Duty Sigit Sapto Nugroho; Taufiq Yuli Purnama; Bambang Sukarjono; Yuni Purwati
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 aims to develop a model of thinking for law enforcement officials with a model of thinking that enters the dimension of depth, namely looking for hidden meanings and values in the object being examined through sharp thinking (mesu budi) or using spiritual intelligence. Spiritual intelligence does not want to be limited by benchmarks, nor is it only contextual, but wants to get out of the existing situation in an effort to find deeper truths, meanings or values. The sharpness of thinking (mesu budi) is a concretization of the transcendental approach in law enforcement and is interesting to be linked to ways of thinking in law, which in turn affects one's actions in carrying out the law, especially judges in court. The interaction between law combined with spiritual values in the context of law enforcement is very important, which includes: ethics, morals and religion. In the end, spiritual thinking or spiritual intelligence as a concretization of the transcendental approach becomes an offer or formulation and even an antithesis of a non-systematic and positivistic-legalistic paradigm or approach, in the context of law enforcement to dig deeper (dive to depth / think falsafati), there will be found divine values, human values, justice values, and the value of benefits.
Fulfillment of Rights for Victims of Environmental Pollution Study of the Bengawan Solo River, Kebakkramat District, Karanganyar Regency Adil Amrulloh; Hanifah Febriani
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 aim of this research is to identify the fulfillment of rights for victims of environmental pollution in the Bengawan Solo River Study, Kebakkramat District, Karanganyar Regency. An empirical juridical approach is applied in this research using qualitative methods. This research found that pollution in Kebakkramat District, Karanganyar Regency includes strong odors and agricultural production is not optimal. Apart from that, fulfilling the rights of residents around the river is also limited to assistance, for example in the form of fertilizer. Meanwhile, other needs such as health and compensation were not found.
Authority of The General Court in Detention of The Ship Juridical Analysis of Surabaya District Court Decision No.140 K/Pid.Sus/2012 Kania Ankaa Prasetya; Aidul Fitriciada Azhari; Anugrah Nur Prasetyo
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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Indonesian courts play an important role in determining the legality of detaining vessels as evidence and ensuring the rights of the parties are protected. The court has the authority to determine the legality of the detention and release the ship if there is insufficient evidence to prosecute or if it turns out that the detention is illegal. This research uses descriptive analytical research methods and a normative legal approach. This research uses the 1982 UNLCOS theory and expert opinions from Cornelis von Bynkershoek, Galliani and Azumi. This research focuses more on discussing ship detention procedures in general justice and ship detention as a form of collateral confiscation. Meanwhile, previous studies focused more on implementing regulations, conformity with civil regulations, the readiness of the courts to implement them, the benefits of implementing P and I in transportation contracts in Indonesian maritime areas and what forms of responsibility apply to carriers in Indonesian Sea Transportation. This research found that every ship will be detained if it does not have a Fishing Permit (SIPI) as intended in Article 27 paragraph (1) to catch fish in Indonesia. Ships that do not have SIPI will be subject to Articles of Law no. 31 of 2004 and Law no. 45 of 2009 so that the ship will be detained by the authorities. The anchoring of the ship is in accordance with Article 93 paragraph (3) of Law No. 45 of 2009 and has a legal basis in Article 1134 of the Civil Code, Article 1878 of the Civil Code, and Article 214 of the HIR/RBG. Based on these results, it can be explained that the process of detaining ships in Indonesia is handled through the courts, and the courts have the authority to issue orders for detaining ships in civil cases involving maritime lawsuits.
Bank Customer Protection Law from Skimming Crimes: According to The Consumer Law and The Banking Law Fajriansyah Anugraha; Hanifah Febriani
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 purpose of this article is to explain the legal protection and responsibility of banks for the security of customers' personal data and customer deposits at the bank in cases of skimming crimes. This research uses a juridical-normative approach, namelyby researching library materials, namely primary and secondary legal materials. Data collection was carried out through literature study. The results of this research indicate that the bank is responsible for losses experienced by customers due to theft using the skimming crime mode, if proven by CCTV cameras and there is no negligence on the part of the customer who is the victim. Legal protection for customers is related to the reporting obligations offered by banks, namely Law no. 8 of 1999 concerning Consumer Protection and PBI no. 16/1/PBI/2014.
Analysis of Payment Transaction Systems Through QRIS: Regulations and Their Role in Realizing a Digital-Based National Economy Farhan Ammar Lutfiansyah; Batara Wahyu Putera; Giftian Fajri Rustyono; Arlangga Surya Renata; Muhammad Hafiizh Nurhuda; Nanda Dwi Purnama; Sugeng Wibowo
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 this modern era, digital-based transaction systems can’t be separated from people's lives. The characteristics of digital-based financial transactions are practical, fast and efficient in consequence they can be able to facilitate the needs of the public in implementing payment transaction activities. In order to realize this, preparation is needed by considering various aspects such as regulations, facilities and infrastructure. The government through Bank Indonesia has responded by issuing QRIS as a QR code based payment. Bank Indonesia is also required to set regulations and prepare everything related to digitalization of the financial economy in Indonesia thus it can realize digital-based financial economic inclusion. Therefore, in writing this article the researchers tried to analyze and examine regulations and the role of QRIS in realizing a digital-based economy and creating an inclusive financial ecosystem.
Online Criminal Case Trials from A Normative Perspective and Substantive Justice Aziza Azra Larissa; 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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In 2020, the Covid19 pandemic outbreak has affected not only Indonesia but has contaminated all countries throughout the world and has had an impact on all aspects of life, including the judicial aspect or the legal services of judicial institutions. This situation also forced the Supreme Court to move to implement policies to realize official duties from home, which also applies to judges and court officials. Due to the dire situation, courts which are generally held conventionally have shifted to online justice, i.e. carried out over long distances. 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 an analysis of the problems of online trials viewed from a normative legal perspective accompanied by the rules.This online trial is clear evidence of the Supreme Court's responsibility to the public to provide fast, simple and accurate services without delaying or hindering the public in achieving benefits and access to justice. Because, for the Supreme Court "Justice Delayed, Justice Denied" means that if justice is delayed, there is no justice.
Juridical Review of Supreme Court Ruling Number 7/Pdt.Sus.HAKI/2021/PN Smg Ali Mukti Nur Hidayat; Aidul Fitriciada Azhari
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 importance of brands as a differentiator to avoid imitation is growing as a result of the increasing number of imitations that occur as a result of increasingly advanced trade and wider marketing reach, so that legal protection for brands is increasing. The analytical method uses a literature study. The discussion of the findings of this study is based on the opinions of legal experts and relevant academic journals. This study shows that in a declarative system, the priority of brand rights is determined based on the date of first use. Consequently, the system provides protection even to those who do not officially register their trademarks, allowing them to claim the first use at any time. As stated in its previous ruling, the Tribunal concluded that the two marks have disconcerting similarities in form, composition, combination, elements, sound, sound and appearance. Because PT Surabaya Top and Teh conveyed identical visual, phonetic and conceptual impressions, the group decided that the two were basically identical. The conclusion of this study is that the judge's a quo decision was based on the fact that all elements of similarity exist in the principal and the entire JAGUAR brand which causes harm to the plaintiff, even though his business processes and work are in conflict with the company he named himself which cannot be taken carelessly by others.
Judge's Consideration in Polygamy License for The Reason of Siri Marriage (Study of Decisions in Case Number 1309/Pdt.G/2020/PA.Sal, Case Number 309/Pdt.G/2018/PA.Wno and Case Number 280/Pdt.G/2017/PA.Sgt) Dea Shinta Rahmawati; 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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Marriage is an interior and outer bond between a man and a woman as husband and wife with the goal of forming a happy and eternal family (household) founded on faith in the Almighty God. To enter into a polygamous marriage, the partner or applicant must meet the alternative and cumulative polygamous marriage requirements. According to Islamic law and positive law, polygamy is permissible (mubah). Polygamy continues to be a controversial issue in Indonesia. Polygamy is believed to be harmful and miserable for women, while it only benefits men. The permissibility of polygamy in Islam is not a form of inequality between men and women, considering that the conditions for polygamy are very strict. Men who wish to practice polygamy must be able to comply with the legally stipulated requirements and principles of polygamy. The judge's consideration is his opinion in making a decision, which must consider the mitigating and aggravating circumstances of the applicant. In this case, the author uses a normative legal approach as a research methodology. Descriptive qualitative research was used in this study, namely research to describe carefully, thoroughly, and population characteristics or special aspects. The data source used in this study comes from other sources and therefore is secondary. This paper attempts to identify and explain the factors considered by judges in allowing polygamy based on unregistered marriages, as well as ascertaining the legal basis and factors used by judges to allow polygamy.
Legal Construction of Judge Rule Number: 798 / Pid.B / 2022 / Pn.Jkt.Sel Justice Collaborator against Police Status Position Bharada Eliezer Meirza Aulia Chairani; Trinah Asi Islami; Gustavo Marcos; Sarjiyati Sarjiyati; Angga Pramodya Pradhana
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: The purpose of this study is to determine the position of Bharada Eliezer against Decision Variety; 798/Pid.B/2022/PN.Jkt.Sel related to Justice Collabolator police status position and the Police Code of Ethics Decision related to Bharada Eliezer's Police Status. Methodology: This research makes use of a normative juridical research method, a conceptual technique, and a statutory technique. Results: Basically a person who commits a criminal offence of taking the life of another person is a violation of human rights and deprivation of the right to life especially when the person who commits the murder is a law enforcer and remains a member of the police, but in this case with the consideration of the judge and the consideration of the official in charge of the KKEP hearing because the perpetrator is submitted as a justice collaborator feared by irresponsible parties abused. Applications of this study: Provide input to all members of the National Police so as not to commit acts that violate the laws and regulations and the code of ethics of the police profession and tarnish the good name of the police organization or agency. Novelty/Originality of this study: There is a need to update the requirements and guidelines for justice collaborators because some criminal offenses that harm the state and extraordinary crimes really need justice collaborators to shed light on a criminal offense that was initially blurred in the facts.

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