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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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Juridical Review of Credit Agreements with Guarantees of Rights to Privately Owned Land to Plecit/Mobile Banks Dany Zain Abdillah; Diana Setiawati
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 1 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

Loans that use Collateral using Land Objects Certificate of Ownership to Bank Plecit / Mobile Bank are a small example of the impact Economic development in Indonesia after the fall of the new order underwent significant changes and changes uncertainly. In this study, researchers used this normative research method which is qualitative and in this research method is more directed to the legal norms contained in various laws and regulations. and what is often used in this research method is for example examining the implementation of agreements in credit, in another sense The research method is a study that is quite in‐depth and full of calculations and caution from everything. Then the purpose of the researcher in this case is to study and analyze the validity of a land security that is not based on the debtor's property rights in credit agreements. According to the big dictionary, Indonesian the definition of a plecit bank or mobile bank is a reference to one person or non‐bank institution that lends money with a very high interest agreement, then for the collection system it is carried out every day by the account officer, land rights guarante that are not based on the debtor's property rights in the credit agreement and its legal consequences based on Law Number 4 of 1996 concerning Dependent Rights. By providing legal understanding, the community is expected to understand what they can do and apply in the future if there are agreements or cases related to credit with property certificate guarantees, which may result in violence in collection carried out by plecit banks, So that people become victims and perpetrators, can avoid violence. In this case, the property rights holder who makes the land certificate an object of guarantee to the plecit bank can issue a certificate because there is no APHT made by the PPAT party and there is no strong legal clarity from the plecit bank / mobile bank itself.
Consumers and Goodwill: Study of Decision Number 297/Pdt. Sus/BPSK/2021 Denriska Melinda; Kelik Wardiono
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 1 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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The Civil Code includes the notion of objective and subjective, contextual and substantial good faith. Article 1338 paragraph (1), which is often known as the Facta Sunt Servanda concept, defines good faith as having an objective meaning or based on the agreement of the parties. The research method used is a legal research method with a doctrinal approach, which is normative in nature. Secondary data in the form of a copy of Court Decision Number 297/Pdt. Sus/BPSK/2021 PN.Plg regarding disputes between business actors over the previous BPSK decision through arbitration settlement due to objections to paying compensation to consumers. In this study used qualitative analysis and deductive reasoning. Legal consideration by the judge in Decision Number 297/Pdt.Sus‐BPSK/2021/PN Plg is in accordance with Law No.30/1999, Law No.8 of 1999, PERMA 01/2006, BPSK Decision No.57/BPSK/PTS /XII/2021 to reject all applications because none of the a quo fulfills the material requirements for the objection referred to in Article 6 paragraph 3 and 4 PERMA 01/2006 while against that between the objection applicant and the respondent in making an agreement already fulfills the elements of article 1338 in full objective and heeding the norms of decency and decency, then the applicant is willing to fulfill and pay compensation to the respondent because the applicant is deemed to have defaulted in carrying out the agreement.
Juridical Review of The Existence of Tourism Electric Cars in The City of Surakarta based on Law Number 22 of 2009 (Case Study at the Surakarta City Transportation Department) Devandra Alzamora Mahatma Rafshanzany; Nunik Nurhayati
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 1 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

The presence of tourist electric cars in Surakarta City as a tourist transport reaped various polemics that developed in society. It happened because there are no clear regulations regarding licensing mechanisms, type tests, periodic tests, safety and eligibility criteria for these vehicles. The purpose of this research is to find out and analyze: (1) the mechanism for operational licensing, type testing, and periodic testing of tourist electric cars and (2) reviewing of the safety and the eligibility criteria for tourist electric cars. The method that used in this research is qualitative descriptive method with a literature study approach derived from legal books, literature, and applicable laws and regulations. The results of the study found that: (1) Tourist electric cars in Surakarta City have not carried out operational permits, type tests, periodic tests as they should, (2) as well as safety and eligibility criteria which are quite enough to be used as tourist transportation.
Contribution of Public Figures in Political Parties and the 2024 General Election Ekalindo Jaroenchai; Fadhila Akbar Nurhakim; Mariska Jasiaat; Maimunah Rusydah Istiqomah; Ahmad Kamalul Albar; Arief Budiono
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 1 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

Indonesia is a country that adheres to a presidential system of government and in Indonesia uses a democratic form of government. The thing that is very inherent in democracy is general elections. Leader candidates are proposals from political parties that have received a minimum percentage of votes. In an effort to get a sufficient percentage of the vote, many parties try to lure public figures to join the party in the hope of getting enough votes to be able to participate in the struggle for legislative seats. The purpose of this study is to address the public and provide information about public figures in the struggle for legislative seats and the relationship between public figures and political parties in general elections in Indonesia in 2024. The research method used in this journal article uses qualitative research methods. By using library research, many political parties are trying to entice public figures to join the party in the hope of getting enough votes to be able to participate in the struggle for legislative seats.
Analysis of Legal Protection for Recipients of Fintech Funds based on Financial Services Authority Regulation Number 10/POJK.05/2022 Farhan Restu Ernanda; Wardah Yuspin
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 1 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

Technological acceptance of funds is increasingly widespread. Fi‐nancial Technology does not receive legal protection even though the Fi‐nancial Services Authority Regulation Number 10/POJK.05/2022 has been issued, but this legal protection is still considered by many recipients of funds as not legally protected.The results of this research discuss the procedures for receiving funds by financial technology consumers and the legal protection provided to recipients of financial technology funds. This study divides the legal protection into two parts, namely preventive legal protection and repressive legal protection, and is analyzed according to the legal regulations that apply to recipients of funds.This research uses the normative legal research method which is carried out by analyzing the current regulations. The purpose of this research is to find out whether the Financial Services Authority Regulation Number 10/POJK.05/2022 has provided adequate legal protection for service recipients and recipients of funds in digital financial transactions.
Legal Policy for Settlement of Compensation for Land Procurement for Public Interests (Ngemplak Toll Road) Galuh Styaningtyas Listyana Putri; Arief Budiono
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 1 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

This study aims to determine the legal policy of settlement of compensation for land acquisition for the public interest on the Ngemplak toll road. This research is a type of descriptive research. The approach method used in this study uses an empirical juridical approach. This research was conducted at the Village Office of Donohudan Village. The data used in this study consisted of primary data and secondary data. Primary data in this study were obtained directly from interviews conducted with a number of informants consisting of the community and the government of Donohudan Village. Secondary data in this study consisted of primary legal materials, secondary legal materials and tertiary legal materials. The results of this study found that one of the problems faced in completing compensation for land acquisition for the public interest on the Nmplak toll road is the lack of public understanding of the procedure or mechanism for compensation for land in the public interest, where there are some people who determine prices according to their own wishes without pay attention to the compensation procedure or mechanism implemented. Then, the legal policy related to the settlement of compensation for land acquisition for the public interest on the Ngemplak toll road is carried out through outreach to the community. After the socialization process was completed, the committee made a submission to the Regent. Then the Regent decides on replacement land or land or the amount of replacement money. However, if there are still residents who have not accepted the amount of replacement money proposed, the steps taken are to submit a request to the Regent for joint deliberation.
Criminal Responsibility of Perpetrators of Narcotics Trafficking by Children Hafiy Ghafara Rahman; Bambang Sukoco
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 1 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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The purpose of this study is to analyze whether children are ensnared by criminal crimes, who are devoted to children as drug traffickers. Child rights governed under laws are optimally implemented by national narcotics agencies when dealing with child trafficking. This research uses a normative approach with the use of descriptive‐analytical secondary data. The child should also have the same due due as an adult. Each child even has certain rights when a child is dealing with the law. As a result of this study, BNN will continue to seek to fulfill the rights of every child governed under the laws of law.
Protection of Victims of The Crime of Rape Reviewed from Law and Human Rights Herawan Rafiq Nugroho; Taufiq Nugroho
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 1 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

Rape is an act of forcing sexual intercourse in any form against one's will or against one's will. This form of crime knows no gender, age, socioeconomic status, place, and time. Commitment and firmness in upholding human rights and guaranteeing that all citizens have equal standing before the law. Rape victims do receive attention, but often the attention given by human rights defenders is only partial, not optimal and is only used as an object of research. Legal protection is the most important thing in the elements of a rule of law, because legal protection is the right of every citizen and the obligation of the state as the organizer of protection. Normative juridical research methods, how to analyze library materials, namely primary and secondary legal materials. That humans must get protection from things that take away human rights in life, so women's human rights must be protected, respected, maintained, and cannot be ignored, reduced, or seized by anyone. It is a fact that acts of violence against women are a constant threat to women anywhere in the world and acts of violence against women have become a global issue. Law enforcement officials must simultaneously respect justice and human rights, although the balance between respect for truth and justice and respect for and uphold human rights values in resolving criminal incidents is very difficult to define. However, this difficulty should not become a narrow and rigid technical reason in giving the perpetrators of criminal acts freedom to freely move around in society.
UMKM Cooperation Agreement with The Retail System (Case Study on MSME Bakti Indonesia with PT. Indomarco Prosmatama/Indomaret Salatiga) Hilham Fatiha; Moh Indra Bangsawan
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 1 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

The aim of the research is to find out how the implementation of cooperation agreements and dispute resolution occurs in the event of default between UMKM BAKTI INDONESIA and PT. Indomarco Pristmatama/INDOMARET. Research uses normative legal research, namely research on legal rules, principles, concepts or doctrines. Involves careful systematic exposition, analysis, and critical evaluation of legal rules, principles or doctrines related to the formulation of the problem. Implementation of the Cooperation Agreement Between UMKM BAKTI INDONESIA and PT. Indomarco Pristmatama/INDOMARET is in accordance with Article 1338 of the Civil Code concerning the principle of freedom of contract and Article 1320 of the Civil Code concerning the legal terms of buying and selling but in practice it still encounters obstacles. The form of settlement in the event of default is as described in 1276 of the Civil Code and through litigation through the District Court. Dispute Resolution If There Is a Default in the Agreement Between UMKM BAKTI and PT. Indomarco Pristmatama/INDOMARET actually did not regulate in writing the form of settlement, but if in the future it does occur it should be resolved in non‐litigation when one party still cannot find an agreement.
Application of the Criminal Law for Distribution of Illegal Drugs by Business Actors Without a License Husni Akhmad Husein; Muchamad Iksan
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 1 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

Access to these drugs is an important part of a drug control system aimed at protecting people from the risks of unsafe or inferior use of drugs. Still, there are serious concerns regarding the illegal transmission of drugs or without approval in many countries. The circulation of arms and the issues associated with illegal drugs has significantly negative effects on people's health and economies. Illegal drugs are often involved in illegal trade and organized crime, which contributes to increased crime and social instability. The methods used in this study are a type of normative that focuses on laws and rules that already exist in legislation. To ensure that people can easily obtain safe, qualified and effective drugs. To achieve this, it requires cooperation and coordination between government, drug enforcement agencies, law enforcement, and other related sectors. The goal is to tackle the challenges associated with illicit drugs and provide society with optimal health protection.

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