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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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The Economic Impact of Internet Fraud in Nigeria: An Analysis of Cyber Law in The Digital Age Abubakar Muhammad Jibril
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

Internet fraud poses a significant economic challenge in Nigeria, exacerbated by gaps in the country's existing cyber laws. This study aims to analyze the economic impact of internet fraud in Nigeria and explore legal reforms by drawing lessons from Indonesia's successful cyber law framework. Employing a normative juridical approach, the research examines existing literature and comparative legal frameworks with a focus on Indonesia's regulatory achievements in combating cybercrime. The findings reveal that inadequate legal standards contribute substantially to the persistence of internet fraud in Nigeria, while Indonesia's robust legal framework has effectively mitigated similar challenges. Based on these insights, the study offers specific recommendations for reforming Nigeria's cyber laws, advocating for the adoption of best practices from Indonesia to enhance legal effectiveness and reduce economic losses caused by internet fraud.
Non-Disclosure Agreement in Its Application to Breach of Contract Lawsuits Referred to From Article 1320 of The Civil Code Devina Septy Fathikhah; Sri Waljinah
Proceeding International Conference Restructuring and Transforming Law Vol. 5 No. 1 (2026): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Indonesia, as a nation governed by law, as stipulated in the 1945 Constitution, makes law the fundamental regulatory framework for all aspects of life, including employment relationships. In its implementation, protecting trade secrets is crucial due to the increasing risk of leaking information of significant economic value. The legal instruments used are:Non-Disclosure Agreement (NDA), although until now there are no specific provisions in the law. This study aims to analyze whether the NDA is valid and legally binding in employment relations, referring to Article 1320 of the Civil Code. This study also examines the impact of violations of the agreement on breach of contract lawsuits, using a case study that occurred at PT Foom Lab Global. The method in this study uses a juridical-normative approach and focuses on the provisions of the law and analyzes the case that occurred. The legal materials include primary legal materials in the form of the Civil Code, Law 30/2000 concerning Trade Secrets, and court decisions, then secondary legal materials in the form of scientific readings. The study proves that the NDA is legally valid and binding if it is in line with the provisions of a valid agreement. In the case of PT Foom Lab Global against Sulfa Sopiani, the Defendant was proven to have committed a breach of contract in the form of violations of resignation procedures, violations of the non-competence clause, and potential violations of information confidentiality. The Defendant was sentenced to pay compensation of 800 million. This ruling states that NDAs can be legally enforced as long as they are drafted correctly and in a balanced manner. The study concludes that NDAs are an effective legal tool for protecting trade secrets, but their implementation must adhere to the principles of fairness and balance in employment relationships to avoid harming workers' rights.
Legal Responsibility of Entrepreneurs in Cases of Violation of Micro-Small Business Permits (IUMK) for Karak Crackers in Gadingan Village, Mojolaban District Dinda Shafa Tiara Rusli; Arief Budiono; Nurul Hidayati; Luthfiyyah Amalina Husna; Arief Isdiman Saleh
Proceeding International Conference Restructuring and Transforming Law Vol. 5 No. 1 (2026): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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This research is motivated by the continued discovery of violations of the legal obligations of Micro and Small Business Permits (IUMK) by karak cracker entrepreneurs in Gadingan Village, Mojolaban District, which have the potential to result in legal liability consequences and hinder business protection and development. The purpose of this study is to determine and analyze the form of legal responsibility of karak cracker entrepreneurs in violation of business permits and to identify factors that cause low legal compliance of entrepreneurs with the obligation to have and comply with IUMK in Mojolaban Village. The research method used is empirical juridical legal research with a field approach through interviews, observations, and document studies of business actors and related agencies. The results of the study indicate that the legal responsibility of business actors for violations of IUMK in practice is mostly realized through guidance, assistance, and facilitation of permits by the local government, although normatively it is possible to apply administrative sanctions. In addition, low legal compliance is influenced by internal factors such as limited legal understanding, the perception that permits are not yet urgent, and digital literacy constraints, and external factors such as uneven socialization, weak supervision, lack of firm sanctions, and the strength of traditional business culture that has been passed down through generations.
Legal Analysis of Content Monetization by Influencers without Disclosure as A Violation of Consumer Protection Law Fachry Satrio Pringgowidigdo; Diana Setiawati
Proceeding International Conference Restructuring and Transforming Law Vol. 5 No. 1 (2026): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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The development of digital technology has driven a transformation in marketing practices through social media, giving rise to the phenomenon of influencer marketing as an effective promotional strategy. Influencers not only act as messengers but also function as economic actors who profit by monetizing content through endorsement activities. Problems arise when monetized content is not accompanied by disclosure regarding commercial relationships, thus potentially misleading consumers and violating the principle of transparency from the perspective of consumer protection law. This study is directed at analyzing the practice of content monetization without disclosure, identifying the forms of legal violations that occur, and examining the legal responsibilities of influencers from the civil, criminal, administrative, and ethical perspectives. The method used is normative juridical with a statutory and conceptual approach. The results of the study indicate that this practice can be qualified as misleading advertising because it creates an imbalance of information between business actors, influencers, and consumers. In addition, influencers can be held legally accountable if the content they convey causes harm. This study concludes that influencers are part of digital advertising actors who are obliged to convey information transparently. Therefore, strengthening regulations related to disclosure obligations is needed to create effective and equitable consumer protection in the digital era.
Legal Analysis of Judges' Considerations in Assessing The Element of Intention in The Criminal Act of Murder (Study of Decision Number 91/Pid.B/2024/PN Kln) Fadhillah Zahwa Yusticia; Syaifuddin Zuhdi
Proceeding International Conference Restructuring and Transforming Law Vol. 5 No. 1 (2026): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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The crime of murder is a severe crime against human life, expressly regulated in Article 338 of the Indonesian Criminal Code (KUHP). In criminal justice practice, proving the element of intent and the judge's considerations often involve analysis of evidence, including the testimony of forensic experts. This study analyzes the judge's considerations in Decision Number 91/Pid.B/2024/PN Kln, assessing the element of intent based on the testimony of forensic experts from the perspective of criminal law theory. This normative legal research uses a statutory and case-based approach. Data collection through literature studies includes regulations, court decisions, and legal literature, analyzed qualitatively. As a result, the panel of judges declared that all elements of Article 338 of the Criminal Code-whosoever, takes the life of another person, and intentionally-were fulfilled based on the testimony of witnesses, the defendant, and the Visum et Repertum. The element of intent was supported by the testimony of forensic experts regarding the cause of death, related to the theory of will (wilstheorie) and knowledge (voorstellingstheorie). The testimony of forensic experts plays a crucial role in strengthening the evidence of intent in murder.
Islamic Legal Views on The Implementation of Diversion towards Children Involved in Narcotics Crimes Farid Nur Mustaqim; M. Junaidi
Proceeding International Conference Restructuring and Transforming Law Vol. 5 No. 1 (2026): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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The abuse of narcotics involving children has become a very serious issue, as it affects their physical and mental development as well as their future. Within the juvenile criminal justice system in Indonesia, diversion is used as an effort to resolve cases outside the court through a restorative justice approach. This study aims to examine the perspective of Islamic law on the implementation of diversion for children involved in narcotics-related crimes. The research employs a normative juridical method with statutory and conceptual approaches. Data were obtained through literature study, including primary legal materials such as legislation, the Qur'an, and Hadith, as well as secondary legal materials such as books, scientific journals, and expert opinions. The novelty of this research lies in the analysis of the relationship between the concept of diversion in the juvenile criminal justice system and the principles of Islamic law, particularly the concepts of maqashid al-sharia, islah, and musyawarah in handling children involved in narcotics crimes. The results show that, from the perspective of Islamic law, children are regarded as a trust (amanah) that must be protected and nurtured. Diversion is understood as a form of resolution that aligns with the principles of islah and musyawarah, which emphasize peace, restoration of social relationships, and opportunities for children to improve themselves. In practice, the implementation of diversion involves law enforcement officers, families, communities, and social institutions through a deliberation process that results in agreements in the form of rehabilitation, guidance, and social reintegration of the child. The implementation of diversion for children involved in narcotics crimes is in line with the values of Islamic law, which emphasize protection, guidance, and rehabilitation of children in order to achieve restorative justice and a better future for them.
The Double-Track System Method to Prevent Narcotics Recidivism Muhammad Selfano Hidayat; Fahmi Fairuzzaman
Proceeding International Conference Restructuring and Transforming Law Vol. 5 No. 1 (2026): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Drug abuse is a serious problem facing many countries, including Indonesia, due to its negative impacts on public health, social stability, and the law enforcement system. The high number of drug offenders sentenced to prison indicates that conventional criminal justice approaches have not fully addressed the root causes of drug abuse. This situation also contributes to the increasing recidivism rate among drug abusers. Therefore, a criminal justice approach is needed that is not only oriented toward punishment but also toward the rehabilitation of offenders through the application of the double-track system. This study aims to analyze the implementation of the Double Track System in handling drug abusers and its effectiveness in preventing recidivism. The research method used is empirical juridical with a descriptive approach. Research data was obtained through a literature review of relevant laws and regulations, books, and scientific journals, and supported by field data through interviews and observations. The results show that the double track system provides a balance between criminal sanctions and disciplinary sanctions within the penal system for drug abusers. The implementation of medical and social rehabilitation as part of this system can assist the recovery process for drug addicts, enabling them to return to normal functioning in society. However, the implementation of this system still faces various obstacles, such as limited rehabilitation facilities, a lack of professional staff, and a law enforcement paradigm that still focuses on imprisonment. Therefore, strengthening rehabilitation policies and improving coordination between law enforcement agencies are necessary to ensure that the double-track system can be implemented effectively and run optimally.
Implementation of Restorative Justice as An Alternative in Resolution to Criminal Acts of Abuse Against Children: A Case Study at The Boyolali District Prosecutor's Office Pandu Firmansyah; M. Junaidi
Proceeding International Conference Restructuring and Transforming Law Vol. 5 No. 1 (2026): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Child abuse is a crime that causes long-term physical and psychological impacts. The retributive criminal justice system is considered incapable of providing substantive justice for both child victims and perpetrators. Restorative justice presents as an alternative paradigm that emphasizes the restoration of relationships and social reconciliation. This research uses an empirical legal method (sociolegal research) with a qualitative descriptive analytical approach through in-depth interviews, observations, and literature studies at the Boyolali District Attorney's Office. This study reveals the exclusive nine-stage mechanism at the Boyolali District Attorney's Office that integrates social rehabilitation programs as an integral part of the restorative process, an innovation that has not been widely studied at the district prosecutor's office level. Implementation is carried out through nine systematic stages, from receiving the SPDP to community outreach, with four main criteria that the latest Attorney General's circular flexed to a minimum of two requirements. Supporting factors include a strong legal basis, leadership commitment, the Rumah Restorative Justice (Restorative Justice House), and multi-stakeholder collaboration; the main obstacles include victim rejection and limited public understanding. Restorative justice has proven more effective in providing substantive and humane justice for children, in line with the principle of the best interests of the child mandated by the Indonesian legal system.
Legal Certificity in The Transformation of Conventional Land Certificates to Electronic Land Certificates Raina Fishecella; Hanifah Febriani
Proceeding International Conference Restructuring and Transforming Law Vol. 5 No. 1 (2026): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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The implementation of electronic land certificates based on Regulation of the Minister of ATR/BPN Number 3 of 2023 aims to improve the efficiency of land governance through digitalization. This research uses an empirical legal approach with descriptive analytical specifications at the Karanganyar Regency Land Office. Since July 2024, 36,039 electronic certificates have been issued through physical and legal data validation in the Computerized Land Activities (KKP) system. Legal protection for owners is guaranteed through electronic signatures (BSrE) and cryptographic features that have valid evidentiary power according to the ITE Law. Although this system minimizes the risk of duplicate certificates and data manipulation, technical network constraints and low digital literacy remain major obstacles during the transition period. Electronic certificates strengthen legal certainty and land data security. Their success depends heavily on consistent data validation, reliable cybersecurity systems, and intensive public outreach.
Implementation of Boyolali Regulation Number 18 of 2016 Concerning Street Vendor Regulation Zulfa Asdiqi; Nuria Siswi Enggrani
Proceeding International Conference Restructuring and Transforming Law Vol. 5 No. 1 (2026): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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The existence of street vendors (PKL) in Boyolali Regency plays an important role in the community's economy, thus requiring regulation through regional policies to continue to support economic activities while maintaining order in public spaces. This study aims to analyze the conformity of Boyolali Regency Regional Regulation Number 18 of 2016 with the principles of establishing statutory regulations, as well as to examine the efforts of the Department of Industry and Trade in overcoming obstacles to the arrangement and empowerment of street vendors in Boyolali Regency. This study uses a qualitative descriptive method by examining Boyolali Regional Regulation No. 18 of 2016 through analysis of legal documents and data from the local government and related parties. The results of the study indicate that Regional Regulation No. 18 of 2016 has basically fulfilled the philosophical, sociological, and juridical foundations in the formation of regional regulations, however, several provisions still need to be adjusted to regulatory developments, especially regarding the PKL business licensing system. In addition, the local government through the Department of Industry and Trade has made various efforts to organize and empower street vendors, although its implementation still faces obstacles such as vendor compliance, limited business locations, and administrative constraints on licensing.

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