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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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Legal Protection of The Parties to The Implementation of The Sale and Purchase Agreement through E-Commerce Via Puja Laksana; 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

This research explores the dynamics of e-commerce in the context of the balance of rights and obligations between business actors and consumers, with a focus on the implementation of a regulatory framework that ensures the security and convenience of digital transactions. The research methodology adopts a normative juridical approach with descriptive characteristics, using data collection techniques through literature study and qualitative descriptive analysis to obtain a comprehensive understanding of the phenomenon under study. Research results indicate the existence of specific objects in e-commerce contracts that are explicitly regulated in Article 1320 3rd of the Civil Code jo Article 9 of Law No. 1 of 2024 concerning the Second Amendment to Law No. 11 of 2008 concerning Electronic Information and Transactions. Legal protection for consumers in transactions through e-commerce platforms such as Shopee is implemented through regulatory triangulation which includes the Civil Code, Consumer Protection Law No. 8 of 1999, and the Electronic Information and Transactions Law. The regulatory framework covers aspects of consumer rights protection and loss compensation mechanisms. E-commerce platforms implement liability systems through comprehensive terms of service, including reporting and consumer loss resolution procedures. This research underscores the significance of holistic legal protection in creating an accountable and transparent e-commerce ecosystem, with practical implications for the development of more adaptive digital commerce regulations.
Consumer Protection against Imported Cosmetic Products that Have Not Been Certified by The Indonesian Food and Drug Authority on Tokopedia Platform Luthfia Nurhaliza Wirawan; Moh. Indra Bangsawan; Bambang Sukoco; Muhammad Safrizal; R Rahmawani; R Ramadani
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

E-commerce platforms in Indonesia have made it easier for consumers to access various products through an application, including imported cosmetic products. However, many imported cosmetic products that have not been certified by the Indonesian Food and Drug Authority (BPOM) continue to circulate on the Tokopedia platform, posing a risk to consumers. This research aims to find out: 1) Regulations governing the circulation of imported cosmetics in Indonesia, and 2) Consumer protection against illegal cosmetic products on Tokopedia. This research uses a normative juridical method with a qualitative approach that focuses on analyzing laws and regulations and case studies. The data used consists of primary data, namely Law No. 8 of 1999 on Consumer Protection, Law No. 11 of 2008 in conjunction with Law No. 1 of 2024 on Electronic Information and Transactions, and Regulation of the Indonesian Food and Drug Authority No. 12 of 2023 on the Supervision of the Manufacture and Distribution of Cosmetics, while secondary data includes journals and cases related to cosmetics without Indonesian Food and Drug Authority certification on e-commerce platforms. Data collection is done through literature study and legal document analysis. Furthermore, the data was analyzed using descriptive qualitative analysis method to interpret the regulations and literature study. The results show that although regulations related to consumer protection and electronic commerce already exist, their implementation still faces various obstacles. Consumers have the right to obtain safe and legal products, but supervision of products in e-commerce is still weak. Tokopedia as a marketplace organizer has a role in filtering products that are traded, but it has not been fully effective in suppressing the circulation of illegal imported cosmetics. Therefore, it is necessary to strengthen regulations, increase supervision, and the active role of e-commerce platforms in maintaining consumer safety.
Legal Protection of E-Commerce User Privacy in Indonesia from The Perspective of Civil Law and Islamic Law Mohammad Rafi Arradhiya; Hanifah Febriani
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

E-commerceis an online buying and selling activity mediated by digital devices, facilitating transactions between marketers and consumers. The increasing privacy violations require strong privacy protection laws globally. Data breaches pose risks such as financial loss and identity theft, so raising awareness about data security is essential among governments, companies, and individuals. The methodology used by the author in this study is a doctrinal approach called normative juridical. This normative juridical framework is an established process that aims to achieve the objectives of the study, starting with the utilization of secondary data. In Indonesia, the right to privacy is constitutionally recognized and detailed in the 1945 Constitution and several laws, such as the ITE Law and the PDP Law. Although these laws outline the right to privacy for e-commerce users, they do not have explicit provisions for the resolution of civil disputes related to privacy violations. The analysis includes possible legal remedies under the Civil Code, which allows claims against e-commerce companies for negligence. In addition, it emphasizes consumer protection under the Consumer Protection Law, which, although recognizing rights, does not explicitly mention the right to privacy in the context of e-commerce. The study also explores the Islamic perspective on privacy, where respect for personal data is essential, advocating fairness and transparency in transactions. Ultimately, the conclusion underscores the need for progressive alignment and enforcement of laws to effectively address the issue of privacy violations in e-commerce. Furthermore, it highlights the need to align Islamic legal principles with existing regulations to ensure a comprehensive legal framework that protects privacy rights in the evolving digital marketplace.
Legal Review of Online Fraud Linked to Criminal Liability Aspects (Case Study: Decision Number 372/Pid.B/2020/PNSby) Asheka Malikus Zachwa; 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 rapid development of information technology has negative impacts, for example, online fraud carried out in various modes. Existing regulations have not been able to bridge the law enforcement of online fraud crimes if they are not balanced by law enforcement factors, so it is important to know a judge's legal considerations on the related crime whether it is in accordance with the regulations and the realization of legal certainty. Normative legal research methods with a descriptive approach, with secondary data including primary, secondary, and tertiary legal materials. Literature study data collection techniques, which are then analyzed qualitatively. The study aims to determine the legal certainty in Decision Number 372 / Pid.B / 2020 / PN Sby. The results of the study show that Decision Number 372 / Pid.B / 2020 / PN Sby is in accordance with the legislation and realizes legal certainty.
Legal Analysis of Criminal Act of Rape Continues (Study of The Decision of The Surakarta District Court Number: 8/Pid.B/2024/Pn.Skt) Arfina Manda Fransiska; Taufiq Nugroho; Indah Maulani
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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Rape Rape is a form of sexual violence that is rampant in Indonesia. Rape is also an act that often occurs repeatedly so it is called ongoing rape. This crime is a concrete problem to be handled in the existing justice system. Punishment for rape often causes inequality for its victims because the existing punishment is considered disproportionate to the losses experienced by the victim. This paper qualitatively analyzes the judge's considerations and the application of punishment in the crime of ongoing rape based on the decision of the Surakarta District Court Number 8/Pid.B/2024/Pn.Skt. This paper applies the normative legal method with a case approach from the decision of the Surakarta District Court which shows that the judge's considerations are based on legal, philosophical, and sociological aspects. In the decision, the application of Article 285 and Article 64 paragraph (1) of the Criminal Code is relevant but the application of the threat of punishment is not optimal.
A Comparative Analysis of Child Adoption without Court Decree and Child Adoption with Court Decree Namira Dinda Pramesti; 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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The practice of child adoption in Indonesia varies in terms of its legal formalization, with some adoptions conducted through informal family arrangements and others established via Court Decrees. This legal variation raises questions concerning the validity and legal consequences of each method. This study aims to (1) compare child adoption without a Court Decree and adoption with a Court Decree, and (2) examine the legal implications of adoption conducted without formal judicial authorization. The research uses a qualitative normative legal method, focusing on statutory regulations and official legal frameworks. This article discusses two types of adoption procedures: one that follows a formal process through a Court Decree, and another that relies on informal familial agreements, both of which are governed under Government Regulation No. 54 of 2007 on Child Adoption. The findings show that legal provisions concerning family status, marriage, parental relationships, and adoption are regulated and protected under Law No. 1 of 1974 on Marriage. Child adoption may be undertaken by families with or without biological children, often to support family welfare and gender balance. Adoption through informal channels, although commonly practiced, carries different legal consequences compared to adoption formalized by a Court Decree. These findings highlight the importance of ensuring legal certainty and protection for all parties involved in the adoption process.
Imprisonment as A Subsidiary of Additional Penalty of Money Substitute for Corruption Crime: A Utility Perspective Henderina Malo; H Hartiwiningsih; S Sulistyanta
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 normative legal research is conducted with the aim of analyzing the rules of imprisonment as a subsidiarity of additional compensation payments in the Corruption Crime Law which reflects the purpose of law as legal expediency. The research method used with several approaches, namely: legislative approach, conceptual approach and case approach. The results of this study found a number of problems regarding the provisions of imprisonment as a substitute for payment of restitution both at the level of the norm itself and in the implementation stage of the norm. In addition, the regulation of imprisonment as a substitute for restitution does not provide benefits as in Bentham's utilitarianism view. For the researchers, the regulation of imprisonment as a substitute payment does not pay attention to two important principles of the legislative process, namely the principle of proportionality and the principle of subsidiarity. The use of imprisonment as a substitute for additional payment of restitution is not effective in restoring state financial losses as expected by the legislator. This condition causes the legal provision to deviate from the purpose of law as legal benefit.
Legal Challenges in Combating Deepfake Abuse: A Comparative Study of AI Regulation in Privacy Protection and Digital Security Muhammad Doing; Yuko Fitrian; Sy Muhammad Ridho Rizki Maulufi Alkadrie; W Warriyodi; Muhammad Reza Fahlevi; A Aprieyanti
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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Deepfake technology is an artificial intelligence (AI)-based technology that is rapidly evolving but also poses risks of identity fraud, misinformation dissemination, and privacy violations. This study analyzes the legal challenges in addressing the misuse of deepfake technology in Indonesia and compares them with international regulations, such as the European Union's GDPR and AI Act. Using a normative and comparative legal approach, this study finds that Indonesia's Personal Data Protection Law (UU PDP) and Electronic Information and Transactions Law (UU ITE) still have weaknesses in addressing deepfake issues, particularly regarding the lack of clear legal definitions, weak law enforcement, and the absence of digital platform liability. As a solution, this study proposes modifications to regulatory theory by adapting the concepts of the right to be forgotten, AI forensics, and intermediary liability to strengthen Indonesia's legal policies.
Law Enforcement of The Criminal Offence of Cap Djie Kie Gambling in Sragen Regency Taufik Hidayat; Muchamad Iksan
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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Law enforcement against cap djie kie gambling in Sragen Regency aims to minimize the negative impacts of this illegal activity. This study aims to discuss: 1). Law enforcement against cap djie kie gambling crimes in Sragen Regency, 2). Factors that hinder law enforcement against cap djie kie gambling crimes in Sragen Regency, 3). Sslam's perspective on cap djie kie gambling. This research method uses an empirical juridical legal approach that analyzes regulations and their implementation in the field. This type of research uses descriptive research. The data in this study use primary data and secondary data. The results of the study discuss: 1) revealing that law enforcement is based on Article 303 paragraphs 1 and 2 of the Criminal Code which provide criminal sanctions for perpetrators and intermediaries of gambling. This regulation is intended to combat illegal gambling practices and maintain public order. This is reflected in Decision Number 155 / Pid.B / 2024 / PN Sgn which states that the defendant is guilty of committing a criminal act of gambling. That the perpetrators of gambling are prosecuted by law enforcement from the police to the courts that examine and decide guilty and legally prove the defendants to have gambled in Sragen Regency. 2). Obstacles to law enforcement are influenced by human resource factors, lack of legal understanding by the community, local cultural influences, limited infrastructure, and a very large area. 3). From an Islamic perspective, gambling practices have been clearly regulated in the Qur'an. Surah Al-Maidah Verses 90-91 and Surah Al-Baqarah Verse 219 emphasize that gambling has a destructive impact and is classified as a major sin that must be avoided.
Law Enforcement against The Criminal Act of Sale of Cytotec Drugs at The Sukoharjo Resort Police Office Yoga Subekti Nugroho; 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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Law enforcement against the illegal sale of Cytotec drugs for abortion purposes without a distribution permit in Sukoharjo is a serious concern because its use is regulated and requires a doctor's prescription, so that its impact is dangerous to public health. Cytotec, which should be used to treat gastric ulcers, is often misused as an abortion drug. This study uses an empirical legal method by collecting primary data through interviews and secondary data from various legal literature. The results of the study show that the Sukoharjo Police Resort succeeded in uncovering the drug sales network through cyber patrols and covert transactions. However, law enforcement still faces various obstacles, such as the modus operandi of online sales that make it difficult to track the perpetrators and the lack of witnesses willing to provide information. In terms of regulation, the distribution of Cytotec without a permit is a criminal act that can be prosecuted under the Health Law. Misuse of this drug risks causing serious health complications, including severe bleeding and the risk of death. To overcome the problem of the illegal distribution of Cytotec (Misoprostol), the government and BPOM have made various concrete efforts, such as raids and blocking sites and social media accounts that sell this drug illegally. For example, BPOM routinely collaborates with the Ministry of Communication and Information (Kominfo) to close access to e-commerce and marketplaces that are suspected of selling drugs without a distribution permit.

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