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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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Strengthening Law On Cultural And Religious Rights In The New Normal Era Rafli Yoga Ramadhan; Thoriq Izhar Azhari; Jan Alizea Sybelle
Proceeding International Conference Restructuring and Transforming Law Vol. 1 No. 1 (2022): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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This study aims to examine diversity in Indonesia with the existence of legal products such as laws using the perspective of F. Budi Hardiman, namely the concept of transformational justice. Diversity in Indonesia indicates that Indonesia has a pre-political view that is not only a matter of fingers, so the related dilemma is also about the trap of the concept of justice between the calendar of cultural identity or the loss of the political concept of the state due to the domination of a group so that the system of action has an important role in it. This research uses interviews and documentation studies to collect legal products and explores the nature of diversity in Indonesia. The results show that in Indonesia, legal products are indeed a system of action that transforms diversity into a systemic realm. it' s just that there needs to be further socialization so that there is no bias in the concept of multiethnic justice by freezing on liberalism, communitarianism and multiculturalism. Finally, this research can be useful for the field of law, especially the sociology of law. Sustainable development is very dependent on human resources so how the concept of Human Rights is interpreted in the new normal era is the key to the answer that determines the continuity of sustainable development in Indonesia. The principle of proportionality should be the basis for logical thinking in guaranteeing and enforcing human rights in the new normal era in order to maintain the sustainability of sustainable development. The author is of the opinion that for this reason, human rights, both civil and political rights, and economic and social rights,
Employment Problems that Frequently Occur Between Workers and Work Worked with Incorrect Rewards or Payment Cahyo Angger Marwadi; Arsyad Fakhri Zainuddin; Devani Yasmin Tarisya
Proceeding International Conference Restructuring and Transforming Law Vol. 1 No. 1 (2022): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Discusses the problems faced by workers/laborers in Indonesia. To establish a harmonious relationship between workers and employers who provide employment opportunities for workers. Structurally, the workers are subordinated in determining everything. This position is used for the parties who hire to the detriment. This finally makes the workers want to uphold justice for them in the form of freedom in obtaining the rights they should be able to get. Good as treatment and wages for workers or workers. Even though there are not a few entrepreneurs who give good treatment to the workers, there are also many entrepreneurs who only care about the work of the workers by not paying attention to the interests of the workers, especially in Indonesia today. Therefore, if there is a problem between the entrepreneur and the worker/laborer, it should be resolved in a peaceful manner and also in a way that is in accordance with the legal rules for workers. Employers should also be able to listen more to the aspirations expressed by the workers in order to achieve mutual justice as well.
Optimizing Licensing Supervision through Online Single Submission to Support Salted Fish Trading MSMEs Rohmatun Uyun; Nunik Nurhayati
Proceeding International Conference Restructuring and Transforming Law Vol. 4 No. 1 (2025): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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This study aims to explain the challenges in risk-based business licensing supervision for micro, small, and medium enterprises (MSMEs/UMKM) engaged in salted fish trading, as well as strategies to optimize such supervision. Employing a normative approach, the research analyzes relevant laws and regulations governing risk-based licensing for MSMEs. The findings indicate that the supervision of risk-based licensing for salted fish trader MSMEs is governed by Law No. 6 of 2023 and Government Regulation No. 5 of 2021, which streamline licensing through the Business Identification Number (NIB) via the Online Single Submission (OSS) system. However, several challenges persist, including limited understanding among business actors, insufficient human resources and technology (Articles 230 & 310 of PP No. 5/2021), and weak inter-stakeholder coordination (Articles 15 & 231 of PP No. 5/2021). Although local governments are mandated to provide assistance (Article 227 of PP No. 5/2021), the lack of outreach efforts hampers MSME compliance. Optimization strategies should involve cross-sectoral synergy, the utilization of technology, and enhanced education for business actors to ensure regulatory compliance, improve competitiveness, and foster sustainable business development.
Legal Perspective On Holiday Benefits For Workers During Pandemic Muhammad Zulfikar Al Ayyubi Firdaus; Muhammad Selfano Nur Hidayat; Irwan Setya Pambudi; Riki Setia Budi; Mawardha Indrasvari; Kent Adytia Kusnanto
Proceeding International Conference Restructuring and Transforming Law Vol. 1 No. 1 (2022): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Indonesia is a country of law based on Pancasila and law. In Indonesia, labor issues are regulated in the law in Law No. 13 of 2003, as well as Government Regulation No. 78 of 2015 concerning wages and Regulation of the Minister of Manpower of the Republic of Indonesia Number 6 of 2016 concerning holiday allowances. Holiday allowances are wages for workers that are not basic wages. Holiday allowances are a right for workers. However, regarding violations of companies that do not pay for holidays, there are no criminal sanctions that are less clear. In this study, researchers used study literature which is used in collecting data from relevant journals or sources. In this study will examine the legal perspective on holiday allowances for workers in accordance with the Regulation of the Minister of Manpower Number 6 of 2016.
Preventing Sexual Violent Behavior Muhtar Arifin; Wardah Yuspin
Proceeding International Conference Restructuring and Transforming Law Vol. 1 No. 1 (2022): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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The purpose of this study was to determine the comparison between the concept of Permendikbudristek and the concept of Islam in an effort to prevent the occurrence of sexual violence behavior. This research is included in library research with maqashid shari'ah approach. The data collected in this study using the document study method. Among the results obtained arePermendikbudristek no. 30 of 2022 has similarities and differences with Islamic law in regulating relations between men and women. Among the forms of the equation is in terms of its purpose, namely to realize the general benefit and its formulation. While the difference between the two laws is in terms of the origin of the rules, in terms of accuracy in choosing pronunciation and in terms of willingness in terms of sexual violence behavior. In the Ministerial Regulation there are several things which are cases that should not be done between men and women, but when they are done voluntarily, they are not categorized as violating the rules. Whereas in Islam, these things even though they are consensual are still prohibited. The author concludes that the phrase "without the victim's consent" can lead to various mafsadat, which is contrary to the maqashid shari'ah in terms of hifdzud diin (religious protection), hifdzun nasl (protection of offspring), hifdzul 'irdh (keeping of honor) and hifdzul mal (protection of property). . This study recommends improving the text of the regulation, especially on phrases that contain many pros and cons.
Comparative Analysis of Malaysia's Islamic Bank Aqad with Indonesia Iksan; Wardah Yuspin
Proceeding International Conference Restructuring and Transforming Law Vol. 1 No. 1 (2022): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Malaysia and Indonesia are countries in Southeast Asia that have experienced fairly rapid developments related to Islamic banking. But behind the success of Islamic banking, in the implementation and implementation of each country has a different interpretation. The study in this paper tries to perform a comparative analysis of contractsMurabaha, Mudharabah and Musharakain two countries, namely Malaysia and Indonesia. The research method used is normative legal research using a statutory and conceptual approach. The results showed that there were differences in interpretation in the application of the three contracts. In Malaysia AkadMurabaha is applied in three ways, namely:Bai Al Inah, Bay Al Dayn and Bay Bitthaman Ajjilwhile in Indonesiabai' li al-amri bi al-syira'andBai Al-Dayn.Mudharabah in Malaysia uses two namely:Mudharabah Mutlaqahis a contract in which the rabbul mal allows the mudarib to manage the capital of the mudarabah without special restrictions and the mudarabah muqayyadah is a contract in which the rabbul mal imposes special restrictions on the terms of the mudarabah. Meanwhile, in Indonesia, the mudharabah muqayyadah, mudharabah muthlaqah, mudharabah tsuna`iyah and mudharabah musytaraqah contracts are used. The last musharaka contract. In Malaysia using Shirkah al-Milk and Syirkah al-`Aqd while in Indonesia using Syirkah amwal and known as syirkah inan.
Comparison of Guarantee Law Based on Islamic Law and Positive Civil Law in Indonesia Ahmad Setiawan; Wardah Yuspin
Proceeding International Conference Restructuring and Transforming Law Vol. 1 No. 1 (2022): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Introduction: Guarantee law is the entire legal rule that regulates the legal relationship between the giver and the recipient of the guarantee in relation to the imposition of the guarantee to obtain a facility or credit. In general, guarantees in Islamic law (fiqh) are divided into two, namely guarantees in the form of people (personal guarantees known as dlaman or kafalah) and guarantees in the form of property (rahn). Formulation of the problem: How is the legal guarantee based on Islamic law and civil law combined in positive law in Indonesia. Methods: This study uses a juridical normative method. Research Results and Discussion: The existence of guarantees is recognized in Islamic law. For guarantees provided by other parties for obligations/achievements that must be carried out by the guarantor (debtor) to the party entitled to fulfill the obligations/achievements, it is called kafalah. Then, collateral related to objects/assets that must be given to debtors (debtors) to creditors (debtors) is called rahn. Conclusion: In the Indonesian legal system, a guarantee is categorized into a guarantee that arises because it is determined by regulations and agreements, namely general guarantees and special guarantees, material guarantees and individual rights, guarantees for movable objects (onroerende goederen) and immovable objects (onroerende). zaken), guarantee by controlling and not controlling the object. collateral related to objects/assets that must be given to debtors (debtors) to creditors (debtors) is called rahn. Conclusion: In the Indonesian legal system, a guarantee is categorized into a guarantee that arises because it is determined by regulations and agreements, namely general guarantees and special guarantees, material guarantees and individual rights, guarantees for movable objects (onroerende goederen) and immovable objects (onroerende). zaken), guarantee by controlling and not controlling the object. collateral related to objects/assets that must be given to debtors (debtors) to creditors (debtors) is called rahn. Conclusion: In the Indonesian legal system, a guarantee is categorized into a guarantee that arises because it is determined by regulations and agreements, namely general guarantees and special guarantees, material guarantees and individual rights, guarantees for movable objects (onroerende goederen) and immovable objects (onroerende). zaken), guarantee by controlling and not controlling the object.
Legal Transendence Theory: Traces and Efforts to Build Transendent Legal Paradigm I Istani; Wardah Yuspin
Proceeding International Conference Restructuring and Transforming Law Vol. 1 No. 1 (2022): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Commitment to tackle corruption in a firm, consistent, and integrated manner is an important step to be able to produce law enforcement, provide legal certainty, and benefit the community. This writing aims to describe the comparison of the prevention of corruption by the Government of Uganda and the Government of Indonesia. This type of research is a juridical research with a qualitative doctrinal approach. The results of the study show that there are differences in the prevention of corruption by the Ugandan and Indonesian governments. Corruption countermeasures regulated by the Ugandan government regulations include the cancellation of contracts, monetary fines, bans and imprisonment of perpetrators of corruption. Indonesia
Comparison of Law Between Merariq Traditional Marriage Law and Marriage Law Number 16 of 2019 Rully Syahrul Mucharom; Wardah Yuspin; Absori
Proceeding International Conference Restructuring and Transforming Law Vol. 1 No. 1 (2022): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Marriage Law in Indonesia is regulated in Act Number 1 of 1974 concerning Marriage and undergoing changes to Act Number 16 of 2019, which regulates how the norms and principles of marriage are considered and recognized by the Indonesian state. The purpose of marriage in Indonesia as regulated in Act Number 1 of 1974 article 1 states that: "Marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the Almighty God. one". The problem that arises then is whether the existing and developing customary marriages before the enactment of the Marriage Law can be recognized by the Indonesian state. The types of customary marriages that are not in accordance with the objectives, norms, and principles of marriage according to the Marriage Law are one of them is the Merariq Traditional Marriage Tradition, which from this merariq marriage tradition results in many early marriages or child marriages according to the legal age threshold. Law Number 16 of 2019 which is the main discourse of this study looks at the dimensions of Marriage Law through the eyes of the Merariq Indigenous Marriage of the Sasak Tribe. This study uses a normative juridical approach where this approach is carried out by tracing the norms that live in Indonesian positive law. Whereas the cases raised by merariq traditional marriages have caused many legal problems, furthermore, the high level of child marriage is due to the absence of a social safety net for anyone who wants to carry out a merariq marriage so that there is no legal protection and certainty for the parties to the marriage, especially women who are in a vulnerable position, Therefore, the implementation and enforcement of national marriage law must be considered again in its enforcement and implementation so that there is no legal vacuum where national law is not present in the community.
Importance of Implementing Occupational Safety and Health Systems for Labor Protection in Industry Agustin Vitaloka Ammelia Putri; Yoga Subekti Nugroho; Khairisma Amanda Chairunnisa; Ambar Cahyaning Rahma Danastuti; Mohammad Ryan Effendi Saputra; Ramadhan Guntur Widodo
Proceeding International Conference Restructuring and Transforming Law Vol. 1 No. 1 (2022): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Occupational safety and health is one aspect of labor protection regulated in Law No. 13 of 2003. By implementing occupational safety and health control technology, it is hoped that the workforce will achieve physical resilience, work power, and a high level of health. Of the occupational safety and health management system are: Managing organizational activities to reduce or eliminate the risk of work accidents Experienced by members of the organization for work safety and comfort, so as to achieve organizational goals effectively. Occupational safety and health management system. The role of occupational safety and health is very necessary in order to provide protection for workers, as regulated in Law Number 13 of 2003 concerning Manpower.

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