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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 Legal Considerations, Supreme Court Judge in Imposing A Life Sentence in Premeditated Murder Case (Case Study of Decision 813/K/Pid/2023) Bagus Dwi Yulianto; 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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Abstract

The premeditated murder case of the defendant Ferdy Sambo (FS), who killed Brigadier Nofriansyah Yoshua Hutabarat (Brigadier J) in July 2022, has attracted the attention of the Indonesian people. This was initially thought to be a shootout between the victim and Bharada Richard Eliezer (Bharada E), who allegedly sexually harassed FS's wife. However, further investigation showed that FS planned the murder and ordered Bharada E to shoot Brigadier J. FS, who was charged with Article 340 of the Criminal Code on premeditated murder and Article 49, juncto Article 33 of the ITE Law, as well as Article 55 of the Criminal Code. This case attracted attention because law enforcement officials, who were supposed to be responsible for maintaining security and order, were instead involved in criminal acts. FS was sentenced to death by the South Jakarta District Court during the sentencing process. Still, at the cassation level, the Supreme Court changed the sentence to life imprisonment, after Law No. 1 of 2023, which made the death penalty a special penalty and affirmed the importance of more rehabilitative penal goals, political changes in Indonesia's criminal law became part of the consideration of Supreme Court judges. The defendant's emotional factors, his life history, and his thirty years of service in the National Police were also considered by the judge. Nevertheless, FS's actions are still considered unlawful, so punishment cannot be avoided. Considering all relevant aspects, this decision demonstrates the application of the principle of proportional justice.
Implementation of The Principle of Equality before The Law on The Fulfillment of The Rights of Persons with Disabilities in Obtaining Legal Services at The Religious Court of Surakarta City Mahendra Akbar Rachmadhani; Syaifuddin Zuhdi
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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Abstract

This study investigates the implementation of the principle of equality before the law in terms of the rights of persons with disabilities to obtain legal services at the Surakarta City Religious Court. This study used interviews with judges, lawyers, court officers, and people with disabilities, as well as direct observation of existing facilities and accessibility in the court. This research method is based on an empirical juridical method. In addition, this study analyzes whether the principle of equality before the law is applied effectively, by looking at the example of Law Number 8 of 2016 concerning Persons with Disabilities. The results of the study show that, although there have been efforts to fulfill the rights of persons with disabilities in the judiciary, there are still some challenges to applying the principle of equality before the law. Among them are the lack of disability-friendly court facilities and the lack of adequate communication assistance. and the inability of court officers to understand the rights of persons with disabilities. People with disabilities often have difficulty accessing courtrooms, getting proper information about the law, and getting proper legal assistance. Therefore, while there are regulations that support the rights of persons with disabilities in the justice system, practice on the ground still needs to make further efforts to ensure that everyone has an equal opportunity to access legal services and access. The study suggests improving physical court facilities, improving legal support services, and specialized training for law enforcement to increase understanding and awareness of the rights of persons with disabilities in the judicial process.
Judge's Consideration in Granting Exceptions in Trademark Cases Elman Wahyu Koesnoto; Marisa Kurnianingsih
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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Abstract

A trademark as part of intellectual property has an important role in protecting product identity and preventing unfair business competition. In trademark cases, exceptions are often filed by defendants to dismiss lawsuits from the early stages before entering the main case. This study aims to determine the judge's considerations in granting exceptions in trademark cases in Decision Number 52/Pdt.Sus-Trademark/2020/PN Niaga Jkt.Pst, Decision Number 72/Pdt.Sus-Trademark/2020/PN.Niaga.Jkt.Pst, and Decision Number 1/Pdt.Sus-Trademark/2024/PN Niaga Jkt.Pst and what legal efforts can be taken in granting exceptions in trademark cases. This study uses a normative juridical method with a doctrinal approach and case studies of court decisions. The data used are secondary data obtained through document analysis and case studies of court decisions. The results of this study indicate that judges in granting exceptions consider several legal aspects, such as the prematurity of the lawsuit, formal defects in the power of attorney, and the ambiguity of the lawsuit (obscuur libel). The granting of this exception is in accordance with applicable legal provisions. In addition, this study also examines the legal remedies that can be taken by parties who object to the exception decision, namely through cassation and judicial review. The conclusion of this study is that the judge's considerations in granting exceptions in trademark cases focus on legal and procedural aspects. The decision that grants the exception shows that the lawsuit filed does not meet the applicable legal requirements, such as the invalidity of the power of attorney, prematurity, and ambiguity in the lawsuit. The legal remedies that can be taken by parties who are dissatisfied with the decision to grant exceptions in trademark cases are cassation and judicial review.
Judges' Perspective on The Implementation of SEMA No. 2 of 2023 concerning The Registration of Interfaith Marriages Syaifuddin Zuhdi; Lutfiah Firdaus
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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Abstract

This study aims to explore judges' perspectives on the Supreme Court Circular Letter (SEMA) No. 2 of 2023. It uses an empirical or non-doctrinal method, with primary data obtained through interviews with five judges selected via snowball sampling. The findings show that there are both pro and contra views among judges regarding SEMA No. 2 of 2023. Those opposed view it merely as guidance for judges, affirming their freedom to decide cases as it is not a binding rule. Meanwhile, supporters regard it as a breakthrough that provides legal certainty in the implementation of interfaith marriages. The novelty of this study lies in revealing that not all judges share the same opinion regarding a SEMA, indicating the need for more outreach among law enforcers, especially concerning interfaith marriage.
The Legal Protection of Cinematographic Works in The Digital Era: A Case Study on Film Piracy via Unauthorized Streaming Platforms Nadita Oktaviona; 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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In the digital age, the act of watching films through digital streaming platforms has emerged as a new distribution method for Indonesian filmmakers, who continue to evolve and thrive within the film industry. This study aims to examine the legal responsibilities associated with the rise of film piracy on illegal platforms and the measures taken to protect cinematic copyrights in such environments. This research employs a normative legal method, focusing on the internal aspects of positive law through a descriptive approach to provide an objective summary. The analysis is conducted qualitatively by examining secondary data sources, utilizing a literature review method relevant to the issues at hand. Law of the Republic of Indonesia Number 28 of 2014 concerning Copyright provides protection for intellectual property rights; however, this legal framework has not deterred individuals from engaging in film piracy. Although access to illegal streaming websites has been blocked, such platforms continue to proliferate in line with technological advancements. Both litigation and non-litigation measures have been implemented by the government to safeguard the rights of creators and to impose a deterrent effect on violators.
QS. Al-Maidah Verse 8: A Reflection on Prophetic Justice Ainun Murziq; Andri Nirwana AN
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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Abstract

This research aims to examine the application of the principle of justice contained in QS. Al-Maidah verse 8 within the social and political context of modern society. This verse teaches that every individual must be treated justly, without discrimination based on social background, religion, race, or other statuses. Although the concept of justice in this verse is universal and inclusive, its implementation in social reality is often hampered by structural inequalities, particularly in economic, political, and social sectors. This study employs a qualitative approach with a literature study method to analyze the exegesis of QS. Al-Maidah verse 8 and compare it to existing social conditions, especially in Indonesia. The results show that although various countries have proclaimed social justice policies, structural inequalities remain widespread, potentially creating discrimination and imbalances across various sectors of life. Justice in Islam, as depicted in QS. Al-Maidah verse 8, requires respect for the fundamental rights of every individual and equal opportunities in all aspects of life. Therefore, this study suggests the need for reforms in public policy to be more inclusive and focused on equalizing opportunities for all individuals, as well as emphasizing the importance of a paradigm shift in society to better appreciate diversity as a strength that can drive the realization of true justice.
Law Enforcement for Smoking Drivers in Surakarta Rachma Putri Dwi Amalia; Marisa Kurnianingsih
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 identify law enforcement for motorists who smoke and obstacles faced by the Police as well as obstacles in prosecuting motorists who smoke while driving in Surakarta. The increasing number of motor vehicles in Indonesia, especially in Surakarta, contributes to the ease of daily activities, but also increases traffic violations, including smoking while driving. One of the habits that is still widely found among motorcyclists is the behavior of smoking while driving, even though the potential danger is very large. This behavior not only endangers the rider himself, but also others around. Based on Lawrence M. Friedman's theory, the three elements of the legal system, legal structure, legal substance and legal culture, still face major challenges in their implementation. The method used in this study is an empirical juridical approach that focuses on examining community behavior. The results of the research are expected to contribute to improving law enforcement and traffic safety. Law enforcement against motorists who smoke while driving in the city of Surakarta, focusing on the role of the Police in tackling traffic violations related to smoking habits.
Implementation of Smart City Policy in Creative Economy Development in Boyolali Regency Dhita Evany Aristyawati; 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 examines the implementation of the Smart City concept in the development of the creative economy in Boyolali Regency, which is supported by Regional Regulation Number 12 of 2022 concerning the Implementation of Smart Regency. The creative economy is a main pillar in national development, and local governments play an important role in creating an ecosystem that supports it. Boyolali adopts Smart City with a focus on a technology-based economy, increasing the value of its individuals, innovative governance structures, and a sustainable environment. This implementation includes the development of digital infrastructure, MSME training, and technology-based public services. This study also uses a juridical-empirical method to analyze the application of legal regulations in society. The results of the study show that Boyolali Regency has taken significant steps, such as the construction of the Smart City Center Building and the provision of public WiFi access. In addition, the government is active in providing socialization and training to MSMEs to utilize technology in product promotion. The key to the success of Smart City in Boyolali is active community participation and collaboration between the government and various parties. Despite challenges such as the digital divide and limited human resources, Boyolali has outstanding potential to develop a technology-based creative economy industry and become a model of a highly competitive smart city.
Implementation of Compliance Online System towards Good Corporate Governance at PT Kilang Pertamina International Based on Legislation Luky Tri Sasongko; 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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Abstract

This research examines the principles of digital-based Good Corporate Governance at PT Pertamina International Refinery RU IV Cilacap in accordance with Indonesian legislation. The implementation of Good Corporate Governance is believed to provide the importance of implementing Good Corporate Governance in increasing transparency, accountability, responsibility, independence and fairness in the company’s operations to overcome abuse of authority. This research uses an empirical juridical method with a qualitative approach, utilizing primary data obtained through interviews with resource persons from PT Kilang Pertamina Internasional RU IV Cilacap, as well as secondary data from legal documents and related literature. The results show that the implementation of digital-based Good Corporate Governance, especially through the Compliance Online System (Compols), contributes significantly to operational effectiveness and prevention of abuse of authority at PT Kilang Pertamina Internasional RU IV Cilacap.
Legal Reasoning of Judge's Decision No. 70/PID.SUS-TPK/2024/PN JKT.PST. on Corruption in The Mining Sector from The Perspective of Prophetic Legal Justice Rio Pradita Wibowo; 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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As a state of law, Indonesia must guarantee legal certainty to its people. This article aims to analyze the considerations of the judges of the Central Jakarta District Court case number 70/Pid.Sus-TPK/2024/PN Jkt. Pst. according to the view of prophetic legal justice, in addition to providing insight to judges so that they can create legal reasoning that supports legal certainty, both from the concept of legislation and the concept of legal justice. This research uses a juridical-normative approach method with data types in the form of primary and secondary data. The results of this study are first, the legal facts show that in this case the panel of judges who examined and tried case number 70/Pid.Sus-TPK/2024/PN Jkt. Pst. did not heed the philosophical, juridical and sociological aspects in accordance with the rules on Corruption Punishment in giving a verdict against the defendant. Second, Indonesia as a state of law adheres to divine justice. The judge's decision number 70/Pid.Sus-TPK/2024/PN Jkt. Pst. with the view of Prophetic Justice, the concept of prophetic justice encourages social, ecological, and spiritual responsibility in every legal policy, including in the natural resource sector.

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