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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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Analysis of Judge’s Considerations in Decision Number 1441/Pid.Sus/2019/PN Mks Alleged Case of Malpractice Reviewed from Law Number 17 of 2023 Denta Lufy Nur Yandini; 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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Abstract

Medical malpractice is an error by medical personnel that violates the code of ethics and standards of procedure, while negligence is an accident in medical action, with both having the potential to cause harm to patients, so that legal and medical professional regulations require informed consent and regulate criminal liability for violations of professional standards and negligence. The purpose of this study is to explain related to the analysis of the judge's consideration in Decision Number 1441/Pid.Sus/2019/PN Mks in review of Law Number 17 of 2023. By using a normative juridical method with a case study of Decision Number 1441/Pid.Sus/2019/PN Mks and a descriptive approach to reveal and explain the criminal act of medical personnel malpractice in a legal perspective supported by literature study data sources. The results of this study are Decision Number 1441/Pid.Sus/2019/PN Mks acquitting the defendant because the element of negligence in Article 360 paragraph (1) of the Criminal Code was not proven legally and convincingly. Administrative violations, such as the absence of certification and written informed consent, are considered more appropriately handled ethically and administratively. The judge applied the principle of in dubio pro reo and assessed medical complications as a risk of medical action, not the fault of the defendant. This verdict emphasizes that law enforcement must consider medical professionalism, procedural standards, and the principle of justice without conviction without strong evidence.
Legal Protection of Consumers in Online Buying and Selling according to Islamic Law and Consumer Protection Law Resta Pratama Faudi; 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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Abstract

The purpose of this research is to analyze how legal protection is obtained by consumers in online buying and selling. The legal protection analyzed is not only from the existing positive legal rules, but also from Islamic law. This research is motivated by the increasing number of online buying and selling models. Online shop itself is a term that emerged in the early 2000s regarding buying and selling systems based on the internet and applications. So, it is necessary for people who use online buying and selling to know the legal protection they get. The research method used is doctrinal normative research. The material studied is the laws and regulations. The rules are examined qualitatively to describe how legal protection is contained in the law. The results obtained in this study are that both in the rules of positive law and Islamic law it is found that consumers are protected. The legal protection obtained is both preventive and redressive. So that in the end, with this legal protection, both producers and consumers must and obey the existing regulations. So that the online buying and selling process is mutually beneficial to both parties, both producers and consumers.
Doxing as A Threat to Freedom of Speech: A Juridical Review of Protection against The Dissemination of Personal Data on The Internet Della Dearista Axelia; 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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Abstract

Digital development not only brings a positive impact on life but raises various challenges regarding privacy and data security, one of which is doxing. The phenomenon of doxing, which is the disclosure of a person's personal information without permission, has become a serious threat to freedom of speech on the internet. The purpose of this research is to examine the impact of doxing on freedom of speech on the internet and analyzing the types of legal protection available to doxing victims in Indonesia based on the Personal Data Protection Law and the Electronic Information and Transaction Law. This research employs a normative juridical method, namely analyzing various legal regulations relating to doxing, namely Law No. 27 of 2022 on Personal Data Protection and Law No. 1 of 2024 about the Second Amendment to Law No. 11 of 2008 on Electronic Information and Transactions. This research uses secondary data consisting of primary, secondary, and tertiary legal materials with qualitative descriptive data analysis techniques that produce data that is systematically organized to describe the phenomenon of doxing. The results show that doxing inhibits freedom of speech because victims often experience intimidation, social pressure, and physical threats. The Personal Data Protection Law and Electronic Information and Transaction Law provide regulations for personal data and sanctions for doxing perpetrators. However, these regulations still need to be strengthened, increase public awareness, and more effective legal efforts in handling doxing cases.
Analysis of Copyright Infringement of Cover Song Displayed on YouTube (Case Study of Supreme Court Decision Number 41 PK/PDT.SUS-HKI/2021) Helga Paramesti Putri; Mutimatun Niami
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

In the era of globalization and digitalization, communication technology plays an important role in accelerating the development of digital activities. YouTube has become one of the popular platforms for sharing content, including song cover videos made by individuals or groups. Although it offers convenience and a means of creativity, song cover activities on YouTube have the potential to cause copyright infringement, especially related to musical works protected by law. Many users are unaware that uploading song covers without permission can violate copyright, which risks harming the creator and the music industry. This study aims to analyze copyright infringement in song cover activities on YouTube, focusing on a case study of the Supreme Court Decision Number 41 PK/Pdt.Sus-HKI/2021. The method used is normative legal research with a case study approach, which aims to provide an understanding of copyright protection in the digital world. The results of the study show that the Supreme Court's decision regarding copyright infringement in the case of "Lagi Syantik" by Gen Halilintar reflects the importance of more effective education and law enforcement to protect copyrighted works on digital platforms. This study is expected to contribute to the understanding of copyright compliance in the use of YouTube and other digital platforms.
Legal Analysis of The Criminal Act of Domestic Violence according to Law No. 23 of 2004 (Case Study of Decision Number 314/PID.SUS/2023/PN.SKT) Rossi Fitrianingrum; 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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Domestic Violence (KDRT) is a problem that impacts the physical and mental health of the victim. UU no. 23 of 2004 concerning the Elimination of Domestic Violence (UU PKDRT) as a legal instrument to protect victims and take action against perpetrators. This research analysis decision number 314/Pid.sus/2023/PN.Skt to evaluate the effectiveness of the implementation of the PKDRT Law. This research aims to analyze the form and application of law regarding domestic violence in accordance with the PKDRT Law in the case of Decision number: 314/Pid.Sus/2023/PN.Skt. In this way, this research can provide a deeper understanding of the causes and efforts to prevent domestic violence in accordance with applicable laws in Indonesia. This research uses normative juridical methods with a descriptive analysis approach to examine the implementation of Law Number 23 of 2004 concerning the Elimination of Domestic Violence. Data was collected through literature study which includes primary, secondary and tertiary legal materials. In Decision Number 314/Pid.Sus/2023/PN.Skt it is in accordance with legal provisions, but the sentence imposed is relatively light and does not provide a maximum deterrent effect. Apart from that, protection for victims after the incident still needs to be improved, especially in psychological aspects and ensuring safety. Therefore, synergy is needed between law enforcement and social protection mechanisms so that the objectives of the PKDRT Law in preventing and overcoming domestic violence can be realized. To prevent domestic violence, joint efforts from various parties are needed through education, public awareness, support for victims, intervention against perpetrators, and strict law enforcement. Prevention can also be done by strengthening moral values, religion and mutual respect in the family.
Legal Protection for Citizens in Data Breach Cases based on Law Number 27 of 2022 on Personal Data Protection Wahyu Indera Widastuti; 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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Abstract

Technological advancements bring both benefits and challenges, particularly in the realm of personal data protection. Data breaches present significant risks, such as threats to individual security and misuse of information. Despite the enforcement of Law No. 27 of 2022 concerning Personal Data Protection (PDP Law), incidents of data leakage continue to occur in Indonesia. This study aims to analyze the legal protections available to citizens in relation to data breaches, as provided under the PDP Law. Specifically, this research addresses: (1) the responsibilities of parties involved in personal data breaches that affect the rights of citizens, and (2) the forms of legal protection available for citizens' personal data. The research employs a normative legal method using a statutory approach and literature review, involving primary, secondary, and tertiary legal sources. The responsibility for data breaches lies with Personal Data Controllers and Personal Data Processors, as mandated by the PDP Law, which requires data protection, supervision, lawful processing, and sanctions for violators to ensure data security and integrity. The law provides both preventive and repressive protections, but this study finds weaknesses such as inadequate regulation of emerging technologies, ambiguous enforcement mechanisms, and limited oversight and complaint systems, all of which reflect gaps in the legal protection of individual rights.
A Legal Analysis of The Use of Physical Violence by The Police during The Investigation Process of Alleged Criminal Offenders Raikhan Daffa Leksono; 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

One of the most serious forms of violence occurring within the legal domain is the use of physical violence by police officers during investigations, particularly when a suspect has been identified as allegedly responsible for a criminal offense. Such violence is often justified by the absence of a confession deemed incompatible with the investigator’s expectations in uncovering the case. This study employs a normative juridical approach and uses descriptive research methods. Regarding criminal investigations, the police hold the authority to initiate and terminate the investigation process. Based on Article 1 point (2) of the Indonesian Criminal Procedure Code (KUHAP), the author holds the perspective that investigation is an activity carried out by investigators to identify suspects and to either revoke the suspect status or proceed to prosecution through observational and analytical methods. In the investigative process, legal protection for suspects who experience acts of violence by rogue investigators includes the right to legal assistance and the right to file a pretrial motion (as stipulated in Article 77 of the Criminal Procedure Code). In terms of law enforcement, the police have the authority to take pre-emptive, preventive, and repressive legal actions against investigators who commit acts of physical violence during the investigation process.
Revitalization of Jongke Market in Surakarta: Juridical Analysis and Its Impact on Social, Economic, Environmental and Cultural Aspects Tifany Zurah Wibawati; Nuria Siswi Enggarani
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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Jongke Market in Surakarta, which has been operating since 1922, underwent revitalization in 2023 to overcome various problems, such as damaged physical conditions, slums, and frequent flooding. This study aims to analyze the juridical aspects of revitalization based on Law No. 26 of 2007, Minister of Trade Regulation No. 21 of 2021, and Surakarta Regional Regulation No. 1 of 2010, and evaluate its impact on social, economic, environmental, and cultural aspects. The method used is empirical juridical with primary data from interviews and observations, and secondary data from literature studies. The results show that the revitalization policy has fulfilled the existing legal provisions, especially in the aspects of spatial planning, management of trade facilities, and protection of traditional markets. From the social aspect, revitalization improves comfort, but changes the interaction patterns of traders and buyers. From an economic aspect, the competitiveness of the market increased, but the distribution of benefits is still uneven, especially for traders on the upper floors experiencing a decline due to accessibility. From the environmental aspect, revitalization contributed to improved hygiene and better waste management. From the cultural aspect, revitalization maintains the identity of traditional markets through the promotion of local products and cultural events. Therefore, further policies are needed that ensure market revitalization not only provides physical benefits, but also strengthens the welfare of traders as well as maintaining existing social, economic, environmental, and cultural values.
Legal Protection against BRI's Quick Response Code Indonesian Standard (QRIS) Transactions in Micro, Small, and Medium Enterprises in Kartasura District Wida Daning Mulia; Moh. Indra Bangsawan
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

Quick Response Code Indonesian Standard (QRIS) is a digital payment system implemented by Bank Indonesia to unite various QR Code-based payment service providers in one national standard. This research aims to find out: 1) QRIS transaction regulations in Indonesia, and 2) Legal protection of Bank Rakyat Indonesia (BRI) QRIS transactions in Micro, Small, and Medium Enterprises (MSMEs) in Kartasura District. This research uses a normative juridical approach with a case study conducted to obtain an overview of how the regulation is applied in practice, especially in the use of BRI QRIS by Micro, Small and Medium Enterprises in Kartasura. The results showed that the regulation of QRIS transactions in Indonesia has a strong legal basis, especially with the existence of Bank Indonesia Regulation (PBI) No. 22/20/PBI/2020 concerning Payment Service Providers, Electronic Information and Transactions Law (ITE Law), and Consumer Protection Law. BRI QRIS transactions in Kartasura Micro, Small and Medium Enterprises are quite helpful for business actors in making faster and more efficient transactions. However, there are still some problems that are often faced, such as potential fraud through QR Code forgery, system disruptions, and limited access to dispute resolution mechanisms. Therefore, synergy is needed between regulators, banks, and Micro, Small and Medium Enterprises to ensure that the implementation of QRIS can run optimally, safely, and provide maximum benefits for all parties involved.
Legal Analysis of 3 kg LPG Sales above The Het: A Corporate Social Responsibility and Good Governance Perspective Nabila Rahmawati; 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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Abstract

Indonesia is blessed with a wealth of natural resources, including 3 kilograms (kg) LPG that is vital for household energy. However, the violation of the Highest Retail Price (HET) by bases harms low-income communities. Companies must comply with the law and implement sustainable business practices, ensure accessibility and community welfare, and enhance social responsibility and good governance. The purpose of this study is to determine the sale of 3 kg LPG above the Highest Retail Price as well as the responsibility and good governance by the company towards the sale of LPG above the Highest Retail Price. This research method uses a normative approach with a descriptive type to describe the sale of 3 kg LPG above the Highest Retail Price and corporate social responsibility. Data sources include secondary data from literature studies, including relevant regulations and laws, as well as journal articles. Data collection methods were conducted through literature study and qualitative data analysis. The results found that violations of the Highest Retail Price in the sale of 3 kg LPG by bases harm low-income communities, indicating difficulties in establishing fair and transparent distribution. Therefore, corporate social responsibility and good governance are needed to improve price transparency and distribution oversight for the welfare of the community and to ensure that government subsidy schemes are properly implemented. In conclusion, corporate social responsibility in the sale of 3-kg LPG includes accessibility for the community, especially the underprivileged, as well as consumer education on pricing and the risks of inappropriate sales practices.

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