Proceeding International Conference Restructuring and Transforming Law
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.
Articles
389 Documents
Law Enforcement of Criminal Fraud in Online Buying and Selling in Surakarta
Ibrahim Nurrohman;
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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The purpose of this study is to investigate the law enforcement agencies against online trading fraud in Surakarta Police Station, to know the obstacles in cracking down on online trading fraud in Surakarta Police Station, and to know from the perspective of online trading. Makassid Shariah. The approach method used in this paper is the legally demonstrative approach. This type of research in this article is descriptive research. Data sources have primary and secondary data. The findings obtained indicate that the legal protection of victims in Indonesia's statutory law includes several laws, including the Constitution of 1945, Law No. 13 of 2006 on Protection of Witnesses and Victims, and Law No. 39 of 1999 on Human Rights and Human Rights. Indicates that it is stipulated by a certain law. Law No. 11 of 2008 on Information and Electronic Transactions. As a strategic step to overcome these technical hurdles, it is critical that authorities build expertise in cybercrime and network security. Islamic law, as verse 105 of the Koran Surah an‐Nar and the Hadith of the Prophet, clearly states regarding fraud in sales transactions: Those who do treason and manipulation., the place of hell. (narrated by Ibn Hiban).
Legal Analysis Related to Emergency Defense Against the Threat of Criminal Acts of Begal (Case Study of Surakarta District Court)
Idham Mufi Baihaqi;
Natangsa Surbakti
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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Begal is a serious crime. Today, we encounter this type of crime in several cases and some criminal news. A lot of polemic arose when a case of self‐defense from a victim of robbery ended in conviction for murder, although in the end he was acquitted. Self‐forced defense is regulated in Article 49 of the Criminal Code which states that a person who defends by force cannot be convicted, in other words when someone is threatened or threatened with his life he will be killed by being mugged even if the defense that occurs in it is not a crime. This research uses a sociological juridical analysis technique, so this research will focus on jurisprudence and legal material in it can be in the form of court decisions and laws which will then be reflected in their application to the wider community. Because in this case, the victims of robbery who defended what happened to him had to serve prison sentences with the offense of murder.
Juridical Review of People's Business Credit Agreement (KUR) between Customers and PT. Regional Development Banks
Ipmawan Muhammad Iqbal;
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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An agreement is an agreement made between one party and another party in written or verbal form to achieve a certain thing. In borrowing money or credit at a bank or non‐bank institution, there is a written agreement made by the customer with the creditor. In a government program to help the community in terms of capital to build or continue a business, the government issued a people's business credit program that can assist the community in business capital matters. In the people's business credit agreement, the customer who will enter into the agreement must pay attention to the contents or legal constrictions of the agreement and understand how to resolve disputes between the customer and the bank. This study uses a juridical‐empirical research method with interviews with sources involved in people's business credit agreements, so that this research can be useful to the public in order to know the contents of the legal construction of people's business credit agreements and procedures for settling disputes between customers and banks or creditors.
Analysis of the Problems of Police Shooting on Sight Cases from a Criminal Law Perspective
Janintra Pasha Maheswara;
Muchammad 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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The purpose of the research in this research is to find out how the Police are authorized to use firearms and know the procedures for imposing sanctions on members of the Police who violate the SOP of shooting on the spot. 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. the authority to use firearms comes from the subjective self of the police officers, who have the freedom to do or not do anything at their own discretion. As a result, discretion cannot be separated from the power or authority attached to officials to act freely with due regard and responsibility for those actions. From the provisions regarding criminal law related to murder in Article 338 of the Criminal Code if the police violate the SOP, in which murder is punishable by a prison sentence of 15 years in prison (more than 4 years), then of course a general court process must be carried out before the trial of the National Police code of ethics commission.
Homeownership Credit Law Review: Study of Decision Number 352 /Pdt.Sus‐BPSK/2018/PN Mdn
Khalimah Nuraini Ridho Putri;
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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This study aims to find out how legal considerations are by judges in Consumer Protection Disputes Against Home Ownership Credit (KPR) Ruling Number 352 /Pdt.Sus‐BPSK/2018/PN Mdn. The author uses a research strategy known as normative juridical. The results in this study are legal considerations by judges in Decision Number 352 /Pdt.Sus‐BPSK/2018/PN Mdn in accordance with the legal arrangements regarding Home Ownership Credit, namely PBI No. 20 of 2018. The judge's decision is to grant the objection request to the decision of the Consumer Dispute Settlement Agency (BPSK) Number 033/Arbitration/2018/BPSK. Mdn. Petitioner for the whole; Cancel the Decision of the Consumer Dispute Settlement Agency (BPSK) Number 033/Arbitration/2018/BPSK. Mdn 03 May 2018 ; Sentence the Respondent to pay court fees which to date have been set at Rp. 586,000.00 (five hundred eighty six thousand rupiah).
Legal Protection of Copyright Holders whose Works are Replayed without Include Watermarks on Instagram for Commercial Purposes
Krisna Indra Sakti;
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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The activity of re‐uploading content via Instagram is sometimes carried out without permission by not including a watermark, and it is often used for commercial purposes. This action is certainly not justified because it can violate the rights of the actual content owner. The method used in this research is methodnormative juridical, by conducting library law research in research carried out by examining existing library materials against law number 28 of 2014 concerning copyright. The aim of this research is to find out the regulations for protecting content that is re‐uploaded without a watermark on Instagram to gain commercial benefits. The results of this research showed that pThe regulation of all content on Instagram also includes rights to the content based on the applicable law where the user is located, so that if the user is in Indonesia they must comply with regulations in Indonesia. In Indonesia, Intellectual Property uploaded to social media receives copyright protection in both economic and moral aspects. Copyright violations can be subject to legal sanctions in the form of fines and imprisonment in accordance with Article 113 of the Copyright Law. Apart from that, copyright holders also have the right to demand compensation based on Article 96 paragraph (1) of the Copyright Law in the Commercial Court. According to the explanation of Article 100 Paragraph (1) of the Copyright Law, compensation paid can be in the form of income obtained from the content which will be given to the creator.
The Politics of Electional Law in Indonesia
Moh Indra Bangsawan;
Kukuh Ari Febrianto
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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Less than a year from now the 2024 elections will be held. The preparatory stage is underway. That is, the election process has been running in such a way. The request to change the open proportional system seemed to be a stumbling block in the process of organizing the 2024 elections. Problems arose when a request registered with Case Number 114/PUU‐XX/2022 which essentially requested Indonesia to switch to a closed proportional election system was filed with the Constitutional Court. The request was submitted by the PDIP, represented by Demas Brian Wicaksono and five other individuals. This request gave birth to a polemic in the community. The cause of changes to the main foundation in holding elections, namely the electoral system, will greatly affect the whole series of democratic parties. Departing from these problems, the authors conducted a series of critical analysis studies to examine these issues.
Duties and Authority of The Regional Representative Council in Preparing Regional Revenue and Expenditure Budget
Lutfi Roid Mahendra;
Labib Muttaqin
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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This study aims to find out and analyze the legal rules regarding the preparation of the APBD in Indonesian laws and regulations, the preparation of the state financial budget according to an Islamic perspective and the function of the DPRD's budget in regional development. The approach method used in this research is normative juridical method. This research is a type of descriptive research. The form and type of data used are primary legal materials in the form of laws, documents, journals and books as well as secondary legal materials, namely DPRD documents obtained regarding the preparation of the APBD. In this study, data were collected using the literature study method. Once collected, the data will be processed and discussed using qualitative normative methods. The preparation of the Regional Revenue and Expenditure Budget (APBD) is regulated in Law Number 23 of 2014 concerning Regional Government. The preparation of the state financial budget according to Islamic law is based on the principles of Islamic economics which includes concepts such as maqasid al‐shariah and muamalah. DPRD has an important role in the regional development budget. The DPRD functions as a supervisor for the implementation of regional development as well as the discussion and approval of the APBD.
The position of the DPRD as an equal partner to the Regional Head according to Law no. 23 of 2014
Mochammad Rayhan Widiyasmoro;
Labib Mutaqqin
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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Indonesia in running its government uses a decentralized or centralized system. The main objective is for each region to have the ability to control and utilize regional autonomy as much as possible and not be disturbed by outside interests. In the process, the principle of decentralization undergoes changes above its laws, both to its object and subject. Contained in Law Number 23 of 2014 which is an amendment of Law Number 32 of 2004 which puts the DPRD as a partner for regional heads which was originally a legislative institution for regional government. And finally, the duties and authorities of a member of the DPRD also underwent changes that were not too significant. This research will focus on Law Number 23 of 2014 both historically and sociologically regarding the changes in it. This research uses juridical‐normative research methods by focusing on laws, doctrines, and jurisprudence.
Foundation Legalization Process to The Kemenkumham based on Law No. 28 of 2004 Concerning Amendments to Law No. 16 of 2001 Concerning Foundations (Case Study on The Nurul Hasan Shodiq Foundation)
Moh. Mutawalli Syarowi
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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Many Al‐Qur'an Education Parks in Indonesia have been running, but quite a lot still do not have a strong legal entity by registering the legal entity of the Foundation with the Ministry of Law and Human Rights, as is the case at TPQ Nurul Hasan in Balapulang village, Tegal Kanupaten, which has existed since 1993. During his TPQ education, Nurul Hasan only relied on personal funds. This research is the Nurul Hasan Shodiq Foundation registering the Foundation's legal entity with the Ministry of Law and Human Rights in accordance with the regulations of Law no. 28 of 2004. This research is a type of qualitative research with a normative juridical approach method. This research is descriptive in nature and aims to describe and analyze systematically, factually and accurately the facts and relationships of existing phenomena. data collection techniques in the form of library research according to the research theme. The law imposes obligations on educational foundations that are legal entities and have been registered as a process for establishing educational foundations because there are no facts about the establishment of educational foundations which have the impact of not receiving School Operational Assistance Funds and other assistance to the government. Therefore, steps or conditions are needed so that it can fulfill the establishment of a foundation in the education sector. Legality has been completed in the legal deed and the decree of the Ministry of Law and Human Rights regarding the establishment of the Nurul Hasan Shodiq Foundation. It is hoped that it can realize Qur'an education at TPQ Nurul Hasan that is advanced and provides prosperity by improving the quality of education.