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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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Harmonization of Soil Functions in Maintaining Food Security according to Agrarian Jurisprudence Nada Nabila Fatihah; M. Junaidi
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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The writing of this article is with the aim of analyzing the harmonization of soil functions in maintaining food security according to agrarian jurisprudence. This research was taken based on problems that arise in large-scale land use, which tends to be in the development sector to meet personal needs, as well as declining land use for food needs. Food security is a vital need that must be met and maintained for survival. In this writing, it is based on library research using the normative juridical approach method, which is an approach based on normative postulates in the Qur'an and hadith as well as the rules of fiqh. This research raises the perspective of agrarian jurisprudence as a basis for analyzing and solving food security problems, which integrates Islamic principles with the importance of soil function management. The results of the study show that maintaining soil harmonization is very important to maintain food availability. In addition, this study found that in agrarian jurisprudence, sustainable land management, fair distribution, and prohibition of exploitation can strengthen food security. The conclusion of this study is that the application of agrarian fiqh principles can provide solutions in maintaining soil function and food security challenges. The implementation of fair and sustainable agrarian policies is needed to achieve the welfare of the entire community. As well as increasing awareness of the importance of harmonizing soil functions in maintaining food security.
Legal Protection Analysis for Investors against Rug Pull Cryptocurrency Fraud in ASIX Token Cases in Indonesia Tasya Cantik Alya Nabila; Falah Al Ghozali; Wardah Yuspin
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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The development of blockchain and cryptocurrency technology has brought significant transformation to the investment world but has also introduced various legal risks, particularly those related to crypto fraud. This study aims to analyze the legal liability mechanisms for perpetrators and the legal protection for investors in dealing with various types of rug pull schemes in the digital token market, especially in the ASIX token case. The researchers used a normative juridical method, examining the current regulatory framework, identifying legal loopholes, and formulating comprehensive legal accountability for perpetrators and protection for investors. This study adopts a statutory approach to further examine legal protection for investors against cryptocurrency fraud in the ASIX token case. Based on the findings, legal liability for perpetrators of ASIX token fraud refers to several regulations, including the Electronic Information and Transactions Law (ITE Law), the Criminal Code (KUHP), the Consumer Protection Law, and the Anti-Money Laundering Law, with criminal sanctions in the form of imprisonment and fines. Preventive and repressive measures, as well as regulations and supervision by Bappebti, are governed under Bappebti Regulation No. 5 of 2019, Bappebti Regulation No. 7 of 2020, and OJK Regulation No. 37/POJK.04/2018. This protection includes risk assessment, anti-money laundering measures, dispute resolution mechanisms through litigation and non-litigation, and strict oversight of digital asset trading to enhance transparency and security for investors.
Analysis of The Legal Reasoning in Judgment No. 454/PID.B/2024/PN.SBY regarding Crimes against Life Jasmine Fahira Maulana; M. Junaidi
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 analyse the judge's ruling (Ratio Decidendi). The analysis begins with suspicions that seek the truth through in-depth examination of the case. The judge's decision to acquit the defendant of all charges brought by the public prosecutor-under Articles 338 and 351-raises the researcher's curiosity. The judge concluded that the defendant's actions did not constitute a criminal offense. However, the actions meet the criteria of assault under Article 351 of the Indonesian Penal Code. Assault is an intentional act against a person's body that causes pain or injury and may even result in death. This research uses a normative legal method by analysing a case using a statutory approach. Data were obtained from secondary sources through literature, including primary and secondary legal materials, then analyzed qualitatively and concluded deductively. The findings show that the panel of judges issued a verdict acquitting the defendant of all charges in an assault case resulting in death (Judgment No. 454/Pid.B/2024/PN.Sby), which the researcher considers far from achieving justice. In the researcher's view, this ruling is incorrect because the defendant committed a clear criminal act without sufficient justification to negate the offense. The judge's legal considerations in ruling No. 454/Pid.B/2024/PN.Sby show that the defendant met the elements of a criminal offense under Article 351 paragraph (3) in conjunction with Article 55 of the Criminal Code, and the evidentiary requirements outlined in Article 183 of the Criminal Procedure Code were fulfilled.
A Maqashid Shariah Perspective on The Limitation of Subsidized Fuel (BBM) Anisah Maharani Putri Werdani; M. Junaidi
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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Fuel (BBM) is a vital commodity that significantly affects the livelihood of the general public. Currently, the use of subsidized fuel remains misdirected, with many financially capable individuals taking advantage of government-provided subsidies. Therefore, this paper seeks to examine the public benefit (maslahah) of limiting subsidized fuel distribution, in line with the objectives of maqashid shariah. This study employs a normative-juridical method using a descriptive-analytical approach, library research, and qualitative data analysis. The findings indicate that the concept of limiting subsidized fuel constitutes a maslahah dharuriyyah (essential benefit). According to the classification of Imam Al-Syatibi, this type of benefit, if neglected, can pose a threat to the safety of human life. The author argues that the policy of limiting subsidized fuel is an appropriate first step, as it impacts various sectors and prioritizes the public interest. Therefore, it is recommended that the government consistently socialize this policy to the community.
Implications of Constitutional Court Decision Nunber 69/PUU-XIII/2015 on The Status of Marriage Agreements and The Regulation of Joint Property Separation Bertha Salmania Putri; M. Junaidi
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 research is motivated by the increasing number of divorce cases involving disputes over joint property acquired during marriage. Additionally, many couples bring assets into the marriage, prompting some to enter into a marriage agreement that separates their assets. This study aims to examine: (1) the legal standing of marriage agreements made before and during marriage based on Constitutional Court Decision Number 69/PUU-XIII/2015, and (2) the implications of this decision on marriage agreements made during marriage. The research method used is normative juridical. The study aims to provide a clear and concise overview of the legal force of marriage agreements executed after marriage. The results indicate that (1) marriage agreements made after marriage carry the same legal force as court rulings and are legally recognized under the Constitutional Court Decision, and (2) the decision introduces new provisions allowing marriage agreements to be made during marriage—deviating from previous provisions under Law Number 1 of 1974 on Marriage, which only allowed agreements to be made before marriage.
Legal Protection for Household Assistants as Victims based on Law Number 23 of 2004 on The Elimination of Domestic Violence Mila Cahyawati; M. Junaidi
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 is based on the case of household assistants, or ART, who often suffer violence that is part of household violence itself, even though in its terminology the perpetrators and victims are part of the household. In this case, a household assistant is a person who is outside the family circle but is often the target of household violence incidents. This research aims and will focus on legal protection for household assistants who are often victims of household violence itself, which will be analysed legally based on Law Number 23 of 2004 concerning the Elimination of Domestic Violence. The research method used is a doctrinal approach and normative legal; the researcher wants to provide a broad and brief description of the legal protection for household assistants who are victims of household violence from the existing law regulations. From the author's in-depth study, it was found that the results of the study were to provide a reference for household assistants in handling the resolution of domestic violence found and become a general description of the actions and legal protection related to violent acts against household assistants in the scope of the household. As well as emphasizing the position of household assistant in the scope of the household and providing legal certainty for household assistants as victims of domestic violence.
Legal Protection for Children Involved in Narctics Abuse from An Islamic Law Perspective Yusril Aulia Patra; M. Junaidi
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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The abuse of narcotics by children is a serious issue that threatens not only their health but also violates existing legal norms. This research focuses on the fact that children involved in such cases require an approach that is not solely punitive (repressive), but also rehabilitative. In Islamic teachings, protection of children is based on the values of compassion (rahmah), justice (al-'adalah), and public benefit (maslahah). This study explores how these principles are applied to protect children from the harmful effects of narcotics while also offering them opportunities for rehabilitation. The method used in this research is normative juridical, using a literature review approach. The legal basis used includes primary and secondary legal sources, which are analyzed deductively. The results of the analysis indicate that both Islamic law and national law align in promoting restorative justice, aiming for comprehensive protection of children. These findings are expected to serve as a foundation for developing more humane legal strategies focused on safeguarding children's rights.
Determination of The Amount of Levy and Profit Sharing for Parking Management based on The Regulation of The Mayor of Surakarta No.5 of 2024 Gresnia Himbi Parkitasari; Diana Setiawati
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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The increase in motorized vehicles in Surakarta demands more effective and efficient parking management. The Surakarta City Government stipulates Mayor Regulation No. 5 of 2024 as the basis for regulating parking levies to increase Regional Original Revenue (PAD) and ensure regular parking management. This study aims to analyze the suitability of the amount of parking levy in Surakarta Mayor Regulation No. 5 of 2024 with higher laws and regulations and examine the implementation of these regulations in parking management practices in Surakarta, including the obstacles faced. This study uses a normative method with a legislative approach to assess the suitability of parking levy rules against higher regulations and an empirical method to evaluate policy implementation in the field. The study shows that the amount of the parking levy in Surakarta Mayor Regulation No. 5 of 2024 is not fully aligned with higher regulations, especially in terms of tariff adjustments based on people's purchasing power and the principle of fiscal justice. In addition, the implementation of this regulation faces various obstacles, such as a lack of socialization with parking attendants, uneven parking facilities, and the emergence of illegal collection practices. Therefore, it is necessary to revise policies and increase supervision so the parking levy system can run more optimally.
Cyber Law: Protection of Society from Cyber Crime in A Prophetic Perspective Arum Dwi Arta Setyoningsih; Achmad Miftah Farid
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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Introduction: The role of law enforcement officers as regulated in Law Number 19 of 2016 concerning Amendments to the ITE Law and Law Number 1 of 2024 concerning the Second Amendment to the ITE Law is crucial in efforts to eradicate cybercrime. Their responsibilities include detection, investigation, prosecution of cybercriminals, as well as prevention and handling of cyberattacks. In addition to positive law in Indonesia, cybercrime can also be viewed from a prophetic law perspective. Method: This study uses a normative or doctrinal method with primary data in the form of literature. This type of research is descriptive in nature which aims to provide a representative picture of cyber law and community protection in prophetic law. The approaches used are philosophical, legislative, and literature approaches. Results and Discussion: From the results of the study, it is understood that cybercrime is a form of crime that has emerged in the modern era. According to the analysis of Islamic law (jinayat), perpetrators of cybercrime can be subject to ta'zir punishment. Ta'zir linguistically means prevention (al-man'u). In sharia terminology, ta'zir is an educational punishment (ta'dib) determined based on sin. The punishment can vary from light to severe according to the level of danger.
Legal Protection for Child Victims of Cyberbullying: Policy Analysis, Implementation and Challenges in The Digital Era Safa Cyrilla Apsarini; Labib Muttaqin
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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The rapid development of information technology has driven globalization and brought the world into the modern era, presenting various opportunities alongside negative impacts on social life. One of the concerning negative effects is cyberbullying, which can significantly influence children's psychological well-being and social interactions. This study employs a normative legal method by analysing relevant laws and regulations. Data analysis was conducted qualitatively through logical reasoning, induction, deduction, analogy, and comparison. Legal protection for victims of cyberbullying in Indonesia is enshrined in several laws and regulations, such as Law Number 35 of 2014 and Law Number 1 of 2024. However, the implementation of these policies encounters various challenges, including a lack of public awareness and inadequate facilities and infrastructure for victims. There is a need for enhanced socialization, education, and evaluations of the effectiveness of existing policies. Legal protection for child victims of cyberbullying has been established in law, but its implementation requires strengthening through oversight, education, and collaboration among the government, educational institutions, and the community.

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