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Proceeding International Conference Restructuring and Transforming Law
Published by Universitas Muhammadiyah Surakarta
ISSN : -     EISSN : 2963931X     DOI : -
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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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Judicial Interpretation of the Principle of Equality Before the Law in Maintaining Impartiality in the Handling of Pro Bono Cases at the Surakarta District Court Welly Cahya Saputra; Achmad Miftah Farid
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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Abstract

The principle of equality before the law affirms that everyone has equal standing before the law without distinction of social or economic background. This principle relates to the fulfillment of access to justice, including through the provision of free legal aid (pro bono) for the underprivileged. This study aims to examine (1) how judges at the Surakarta District Court interpret the principle of equality before the law in the matter pro bono; and (2) how judges apply the principle of equality before the law to maintain impartiality in the judicial process pro bono. This study uses an empirical legal research method with a socio-legal approach and case studies. Data were obtained through interviews, observations, and literature studies, then analyzed qualitatively. The results show that judges at the Surakarta District Court interpret the principle of equality before the law as the equal standing before the court, regardless of economic background or legal aid status. Judges assess cases based on the arguments, evidence, and facts revealed in court. The application of this principle is reflected in the provision of equal opportunity to the parties in court, from the presentation of arguments, the submission of evidence, witness examination, to the delivery of legal opinions. The judge's neutral attitude in presiding over the trial and the preparation of legal considerations based on facts and legal provisions are also part of efforts to maintain impartiality in case handling pro bono.
Non-Institutional Punishment Model in Child Sexual Violence Cases: An Analysis of The Progressiveness of Restorative Justice Towards Repetition of Criminal Acts Zerlina Chaira Rani; 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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This study examines the legal issues in the criminalization of sexual violence crimes involving children as perpetrators and victims. The main objective of the study is to analyze the legal considerations of the panel of judges in Decision Number 2/Pid.Sus-Anak/2024/PN Skt and to identify the criminalization model for child perpetrators of sexual violence in the Indonesian criminal justice system. The research method used is normative juridical with a descriptive analytical approach through the study of legal documents. The results show that the Surakarta District Court Judge applied the doctrine of statutory rape by affirming that the child victim's consent was legally invalid due to legal incompetence and psychological manipulation, the panel of judges sentenced him to 10 months in prison with a one-year probation period and three months of job training. This decision represents a paradigm shift from retributive justice (imprisonment) to restorative justice, which prioritizes the principle of last resort. The research conclusion confirms that the non-institutional punishment model aims to prevent stigmatization and recidivism among child perpetrators, although on the other hand, it triggers challenges related to disparities in sentencing and fulfilling a sense of justice for victims.
Legal Analysis of The Role of The Transportation Department in Supervising and Taking Action on Overloading Vehicles in Karanganyar Regency Denisa Yunita Putri; Arief Budiono
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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Introduction: Overloaded freight vehicles constitute a serious issue in road transportation systems as they contribute to traffic accidents and accelerate road infrastructure damage.Methods: This study aims to analyze the effectiveness of supervision and enforcement of overloaded freight vehicles by the Transportation Agency of Karanganyar Regency and to identify the obstacles encountered in its implementation. This research employs an empirical juridical method with statutory and field approaches through in-depth interviews and document studies.Novelty: This research offers a novel contribution by integrating a legal-institutional analysis with empirical findings on the implementation of supervision and enforcement mechanisms, particularly highlighting the limitations of administrative sanctions and intergovernmental authority fragmentation in addressing overloading violations.R&D: The findings indicate that supervision and enforcement have been carried out through preventive and repressive measures, such as vehicle inspection (VI), weighing at weighbridges, joint operations, ticketing, and load reduction. However, their effectiveness remains suboptimal as violations persist and sanctions are predominantly administrative in nature.Conclusion: The main obstacles include limited human resources, inadequate infrastructure and authority, economic pressure from freight companies, and structural constraints related to the division of authority between central and regional governments, which restrict the flexibility of supervision.
Halal Certification Obligations for MSMEs: Analysis of Legal Supervision and Compliance Strategy in Kopen Village, Teras District, Boyolali Regency Ferdian Raid Naufal; 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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This study examines the laws and regulations governing halal certification obligations, analyzes compliance strategies and challenges faced by MSMEs in fulfilling halal certification obligations, and analyzes internal and external factors that hinder the fulfillment of these obligations. This research is a qualitative descriptive study with an empirical legal approach. Data collection methods were conducted through interviews and documentation. Data analysis was conducted using Soerjono Soekanto's theory of legal effectiveness using the Miles & Huberman interactive model. This research was conducted in a village that has never been studied before, taking two perspectives simultaneously: the authorized institution and the MSME actors. This study aims to inTo empirically analyze the effectiveness of law enforcement regarding halal certification obligations for MSMEs in Kopen Village, Boyolali Regency. As a center of the shrimp rind industry, Kopen Village faces unique challenges between state administrative obligations and traditional economic practices. Using Soerjono Soekanto's theory of legal effectiveness and the Miles & Hubberman model, this study reveals that the main obstacle lies not in regulations, but rather in the community's legal culture, which prioritizes social trust and limited digital resources. Field findings indicate that the uncertainty of the raw material supply chain from collectors is a critical point hindering certification. The government responded to this reality by postponing the obligation until October 2026 to provide space for more inclusive technical preparation and education. The results of the study indicate that there are laws and regulations governing the halal certification obligation, as well as compliance strategies and challenges faced by MSMEs in the process of fulfilling compliance, both internal and external factors. The results also indicate that these factors are influenced by the relationship between law, law enforcement, facilities or means, and society.
Analysis of Legal Compliance in the Driving License Issuance Process at the Sragen Police, Central Java Hasna Ayu Puspita Sari; 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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This study aims to analyze the level of public legal compliance in the process of obtaining a Driver's License (SIM) at the Sragen Police Resort, Central Java. The findings indicate that the level of compliance is still relatively low, reflected in 12,456 cases of drivers without a driver's license in 2025, or approximately 28% of the total results of raids. This condition is influenced by procedures that are considered complicated, the practice of extortion ranging from Rp50,000-Rp200,000, and a lack of service transparency, which indirectly contribute to the occurrence of traffic accidents. This study uses a descriptive qualitative approach with a legal sociology perspective through a case study at the Sragen Police Resort Satpas from February to March 2026. Primary data were obtained through interviews, questionnaires distributed using purposive and total sampling techniques, and field observations for five days. Secondary data are sourced from laws and regulations and related documents. Data analysis was carried out using triangulation techniques using the theoretical framework of Soerjono Soekanto, Lawrence Friedman's legal rationality, Max Weber's legitimacy, and Everett M. Rogers' diffusion of innovation. In contrast to previous research which tends to be normative or have a general focus, this research emphasizes an empirical approach that is specific to the Sragen region and integrates the SERVQUAL concept to identify gaps between law in books and law in action.The research findings indicate that legal substance, law enforcement officers, and the public are still influenced by the practice of extortion, but this can be improved through service innovations such as the Sidora-Polisi Menyapa program, which can reduce service time by up to 60 minutes. This study recommends the need for reform through service digitization, strengthening officer integrity oversight, and increasing public outreach to achieve transparent and accountable public services and reduce traffic accidents.
Role of The DPR RI in Its Function Budgeting in State Financial Management Querida Paraninda Pandan Arum; Nuria Siswi Enggarani
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 House of Representatives of the Republic of Indonesia (DPR RI) holds a strategic position in state financial management, particularly through the implementation of its budgetary function, which includes budgetary rights. This study focuses on analyzing the DPR RI's role in carrying out this budgetary function, both based on statutory provisions and in practice. The approach used in this research is normative juridical, emphasizing the study of applicable legal norms.Research findings indicate that in the budgeting process, the Indonesian House of Representatives (DPR RI) has the authority to discuss and approve the Draft State Budget Law (RUU APBN) with the President. This authority is exercised through the DPR's internal apparatus, specifically the Budget Agency (Banggar) and relevant commissions. The legal basis for this mechanism is stated in Article 110 paragraphs (1) and (2) of the MD3 Law. On the other hand, the DPR Ethics Council (MKD) acts as a complementary body responsible for maintaining the integrity, ethics, and honor of DPR members. In the context of the budgeting function, the existence of the MKD has its own significance because every decision related to the budget has a direct impact on state financial governance and the interests of the wider community.
Legal Review of The Criminal Act of Ordering to Damage Cultural Heritage: A Study of Decision Number 174/PID.SUS/2022/PN SKH Rizal Ardiansyah; 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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This study aims to analyze the legal considerations used by the judge in Decision Number 174/Pid. Sus/2022/PN Skh relating to a criminal act involving an order to destroy the Kartasura Baluwarti Fort Cultural Heritage, and to examine this case from an Islamic legal perspective. The method applied in this study is normative juridical, with a statutory approach and a case approach. The results of the study indicate that the panel of judges has applied Article 105 in conjunction with Article 115 paragraph (1) letter a of Law Number 11 of 2010 concerning Cultural Heritage, as well as Article 55 paragraph (1) point 1 of the Criminal Code correctly. All elements of the crime, including the element of intent and the role as the ordering party (doen pleger), has been legally proven based on the evidence presented at trial. The judge sentenced him to one year in prison plus an additional sanction in the form of an obligation to restore the fort's structure. From an Islamic legal perspective, the defendant's actions fulfill the requirements of jarimah (sharia, madi, and adabi) and are categorized as jarimah ta’zir because it damages property that has public interest (hifz al-mal). This action is also classified as fasad. This is strictly prohibited by Islamic law, as it damages non-renewable public assets and historical heritage. Both positive and Islamic law emphasize criminal liability and the importance of protecting cultural heritage as a national identity and historical legacy.
Legal Analysis of Implementation Justice Collaborators in The Indonesian Criminal Justice System in Corruption Criminal Acts (Study of Decision No. 110 K/Pid.Sus/2024) Tyara Dhali Allfia; 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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Introduction: Corruption as an extraordinary crime requires innovative law enforcement strategies, one of which is through justice collaborators, namely perpetrators who work together to uncover other, more dominant perpetrators. In Indonesia, the regulation has been accommodated in various legal instruments, but its implementation still faces obstacles in the form of unclear criteria and inconsistencies in the granting of legal awards. This study uses a normative juridical method with a descriptive analytical approach through a literature study of regulations, doctrines, and court decisions as well as case studies that focus on court decisions. The focus of the study is to analyze the judge's considerations in Decision Number 110 K/Pid.Sus/2024 and the legal consequences of including criminal acts based on Article 55 paragraph (1) of the Criminal Code. The results of the study indicate that the application of justice collaborators is inconsistent. Cooperative defendants are not explicitly recognized as justice collaborators and instead receive increased criminal sentences at the cassation level. This reflects the gap between norms and practice. Therefore, strengthening regulations and clearer guidelines are needed so that their implementation guarantees justice, certainty, and legal benefits.
Differences in Diversion Mechanisms at The Investigation, Prosecution and Examination Stages in Trial Angga Bintang Putra Pratama; Andria Luhur Prakosa
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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Children in conflict with the law require special protection to avoid the negative impacts of the formal, repressive, and potentially stigmatizing criminal justice process. The Indonesian juvenile justice system responds to this need through a restorative justice approach, manifested in the diversion mechanism, which diverts the resolution of juvenile cases from the criminal justice process to out-of-court settlements. However, the implementation of diversion at each stage of the juvenile justice process still faces procedural differences, normative constraints, and practical obstacles that affect its effectiveness. This study aims to analyze the mechanisms for implementing diversion at the investigation, prosecution, and trial stages of the juvenile justice system. This study uses a normative juridical method with a statutory and conceptual approach and is supported by a literature review through a review of primary legal materials, secondary legal materials, and scientific journals related to diversion and restorative justice. The data obtained are analyzed qualitatively to understand the regulations, differences in mechanisms, and efforts to optimize the implementation of diversion in law enforcement practices. The novelty of this study lies in a comprehensive analysis of the differences in diversion mechanisms at each stage of the juvenile justice process. The research results show that diversion during the investigation stage has a greater chance of success than during the prosecution and trial stages because the case is still in the early stages of resolution. This success is also determined by the willingness of the parties, the role of law enforcement officials, and the support of a conducive social environment. Diversion provides a more humane solution by emphasizing the restoration of relationships between the perpetrator, victim, and the community. It also serves as a crucial instrument for realizing restorative justice and legal protection for children in a more effective and sustainable manner.
Analysis of The Implementation of Business Licensing for Partners of The National Nutrition Agency in Karanganyar Regency Nabila Salma; Arief Budiono
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 the Free Nutritious Meal Program through a partnership with the National Nutrition Agency requires certainty of business legality, so that business licensing is a crucial aspect in ensuring the accountability and quality of nutrition services in the region. This study aims to explain the practice of implementing business licensing by the National Nutrition Agency partners at SPPG Karanganyar and its supporting and inhibiting factors. This study uses an empirical juridical method with a legislative and sociological approach, qualitative descriptive, with primary data through interviews and secondary data from laws and regulations and legal literature. The results show that the implementation of licensing has been carried out through the OSS system with the fulfillment of basic legalities such as NIB, business risk classification, and administrative and technical verification, although it still requires assistance in understanding business procedures and standards. Supporting factors include policy support, local government facilitation, and institutional coordination, while inhibiting factors include administrative obstacles, low licensing literacy, and social rejection due to the impact of business operations. In conclusion, the implementation of business licensing for partners of the National Nutrition Agency in Karanganyar Regency has been running, but its effectiveness still needs to be optimized through strengthening guidance, supervision, and harmonization of technical regulations.

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