Proceeding International Conference Restructuring and Transforming Law
https://proceedings.ums.ac.id/icrtlaw
<p>Proceeding Title: <strong>Proceeding International Conference Restructuring and Transforming Law</strong><br />Organizer: Department of Law, Universitas Muhammadiyah Surakarta<br />ISSN (Online): <a href="https://issn.perpusnas.go.id/terbit/detail/20220915031285058" target="_blank" rel="noopener">2963-931X</a></p> <p><a href="https://icrtlaw.ums.ac.id/" target="_blank" rel="noopener">International Conference Restructuring and Transforming Law</a> 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.</p>Universitas Muhammadiyah Surakartaen-USProceeding International Conference Restructuring and Transforming Law2963-931XPsychiatric Visum Et Repertum as A Method of Examining Victims of Domestic Violence
https://proceedings.ums.ac.id/icrtlaw/article/view/5656
<p>This study discusses the settlement of criminal cases of psychological violence in the household through the psychiatric visum et repertum method. Psychological violence is often not physically visible, but its impact is profound on the mental and emotional state of the victim. The formulation of the problem in this study is what is the legal basis that supports the use of psychiatric visum et repertum in the criminal justice system in Indonesia and what is the role of psychiatric visum et repertum as evidence in cases of psychological violence in the household. Using normative research methods, this study analyzes laws and regulations in the context of law implementation in Indonesia. This research is expected to contribute to the reform of the criminal justice system by prioritizing a humane approach, based on Pancasila values, and providing practical guidance for law enforcement in handling cases of psychological violence. Thus, this study aims to understand the role of the psychiatric visum et repertum method as legal evidence in cases of psychological violence and explore the legal basis for its application in Indonesia.</p>Siti PurwantiAchmad Miftah FaridMuhammad Amin Hanafi
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2025-07-032025-07-0341111Harmonization of Soil Functions in Maintaining Food Security according to Agrarian Jurisprudence
https://proceedings.ums.ac.id/icrtlaw/article/view/5668
<p>The writing of this article is with the aim of analyzing the harmonization of soil functions in maintaining food security according to agrarian jurisprudence. This research was taken based on problems that arise in large-scale land use, which tends to be in the development sector to meet personal needs, as well as declining land use for food needs. Food security is a vital need that must be met and maintained for survival. In this writing, it is based on library research using the normative juridical approach method, which is an approach based on normative postulates in the Qur'an and hadith as well as the rules of fiqh. This research raises the perspective of agrarian jurisprudence as a basis for analyzing and solving food security problems, which integrates Islamic principles with the importance of soil function management. The results of the study show that maintaining soil harmonization is very important to maintain food availability. In addition, this study found that in agrarian jurisprudence, sustainable land management, fair distribution, and prohibition of exploitation can strengthen food security. The conclusion of this study is that the application of agrarian fiqh principles can provide solutions in maintaining soil function and food security challenges. The implementation of fair and sustainable agrarian policies is needed to achieve the welfare of the entire community. As well as increasing awareness of the importance of harmonizing soil functions in maintaining food security.</p>Nada Nabila FatihahM. Junaidi
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2025-07-032025-07-03412235Legal Protection Analysis for Investors against Rug Pull Cryptocurrency Fraud in ASIX Token Cases in Indonesia
https://proceedings.ums.ac.id/icrtlaw/article/view/5686
<p>The development of blockchain and cryptocurrency technology has brought significant transformation to the investment world but has also introduced various legal risks, particularly those related to crypto fraud. This study aims to analyze the legal liability mechanisms for perpetrators and the legal protection for investors in dealing with various types of rug pull schemes in the digital token market, especially in the ASIX token case. The researchers used a normative juridical method, examining the current regulatory framework, identifying legal loopholes, and formulating comprehensive legal accountability for perpetrators and protection for investors. This study adopts a statutory approach to further examine legal protection for investors against cryptocurrency fraud in the ASIX token case. Based on the findings, legal liability for perpetrators of ASIX token fraud refers to several regulations, including the Electronic Information and Transactions Law (ITE Law), the Criminal Code (KUHP), the Consumer Protection Law, and the Anti-Money Laundering Law, with criminal sanctions in the form of imprisonment and fines. Preventive and repressive measures, as well as regulations and supervision by Bappebti, are governed under Bappebti Regulation No. 5 of 2019, Bappebti Regulation No. 7 of 2020, and OJK Regulation No. 37/POJK.04/2018. This protection includes risk assessment, anti-money laundering measures, dispute resolution mechanisms through litigation and non-litigation, and strict oversight of digital asset trading to enhance transparency and security for investors.</p>Tasya Cantik Alya NabilaFalah Al GhozaliWardah Yuspin
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2025-07-032025-07-03413645Analysis of The Legal Reasoning in Judgment No. 454/PID.B/2024/PN.SBY regarding Crimes against Life
https://proceedings.ums.ac.id/icrtlaw/article/view/5687
<p>This study aims to analyse the judge's ruling (Ratio Decidendi). The analysis begins with suspicions that seek the truth through in-depth examination of the case. The judge's decision to acquit the defendant of all charges brought by the public prosecutor-under Articles 338 and 351-raises the researcher's curiosity. The judge concluded that the defendant's actions did not constitute a criminal offense. However, the actions meet the criteria of assault under Article 351 of the Indonesian Penal Code. Assault is an intentional act against a person's body that causes pain or injury and may even result in death. This research uses a normative legal method by analysing a case using a statutory approach. Data were obtained from secondary sources through literature, including primary and secondary legal materials, then analyzed qualitatively and concluded deductively. The findings show that the panel of judges issued a verdict acquitting the defendant of all charges in an assault case resulting in death (Judgment No. 454/Pid.B/2024/PN.Sby), which the researcher considers far from achieving justice. In the researcher's view, this ruling is incorrect because the defendant committed a clear criminal act without sufficient justification to negate the offense. The judge's legal considerations in ruling No. 454/Pid.B/2024/PN.Sby show that the defendant met the elements of a criminal offense under Article 351 paragraph (3) in conjunction with Article 55 of the Criminal Code, and the evidentiary requirements outlined in Article 183 of the Criminal Procedure Code were fulfilled.</p>Jasmine Fahira MaulanaM. Junaidi
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2025-07-032025-07-03414654A Maqashid Shariah Perspective on The Limitation of Subsidized Fuel (BBM)
https://proceedings.ums.ac.id/icrtlaw/article/view/5688
<p>Fuel (BBM) is a vital commodity that significantly affects the livelihood of the general public. Currently, the use of subsidized fuel remains misdirected, with many financially capable individuals taking advantage of government-provided subsidies. Therefore, this paper seeks to examine the public benefit (maslahah) of limiting subsidized fuel distribution, in line with the objectives of maqashid shariah. This study employs a normative-juridical method using a descriptive-analytical approach, library research, and qualitative data analysis. The findings indicate that the concept of limiting subsidized fuel constitutes a maslahah dharuriyyah (essential benefit). According to the classification of Imam Al-Syatibi, this type of benefit, if neglected, can pose a threat to the safety of human life. The author argues that the policy of limiting subsidized fuel is an appropriate first step, as it impacts various sectors and prioritizes the public interest. Therefore, it is recommended that the government consistently socialize this policy to the community.</p>Anisah Maharani Putri WerdaniM. Junaidi
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2025-07-032025-07-03415563Implications of Constitutional Court Decision Nunber 69/PUU-XIII/2015 on The Status of Marriage Agreements and The Regulation of Joint Property Separation
https://proceedings.ums.ac.id/icrtlaw/article/view/5689
<p>This research is motivated by the increasing number of divorce cases involving disputes over joint property acquired during marriage. Additionally, many couples bring assets into the marriage, prompting some to enter into a marriage agreement that separates their assets. This study aims to examine: (1) the legal standing of marriage agreements made before and during marriage based on Constitutional Court Decision Number 69/PUU-XIII/2015, and (2) the implications of this decision on marriage agreements made during marriage. The research method used is normative juridical. The study aims to provide a clear and concise overview of the legal force of marriage agreements executed after marriage. The results indicate that (1) marriage agreements made after marriage carry the same legal force as court rulings and are legally recognized under the Constitutional Court Decision, and (2) the decision introduces new provisions allowing marriage agreements to be made during marriage—deviating from previous provisions under Law Number 1 of 1974 on Marriage, which only allowed agreements to be made before marriage.</p>Bertha Salmania PutriM. Junaidi
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2025-07-032025-07-03416470Legal Protection for Household Assistants as Victims based on Law Number 23 of 2004 on The Elimination of Domestic Violence
https://proceedings.ums.ac.id/icrtlaw/article/view/5690
<p>This study is based on the case of household assistants, or ART, who often suffer violence that is part of household violence itself, even though in its terminology the perpetrators and victims are part of the household. In this case, a household assistant is a person who is outside the family circle but is often the target of household violence incidents. This research aims and will focus on legal protection for household assistants who are often victims of household violence itself, which will be analysed legally based on Law Number 23 of 2004 concerning the Elimination of Domestic Violence. The research method used is a doctrinal approach and normative legal; the researcher wants to provide a broad and brief description of the legal protection for household assistants who are victims of household violence from the existing law regulations. From the author's in-depth study, it was found that the results of the study were to provide a reference for household assistants in handling the resolution of domestic violence found and become a general description of the actions and legal protection related to violent acts against household assistants in the scope of the household. As well as emphasizing the position of household assistant in the scope of the household and providing legal certainty for household assistants as victims of domestic violence.</p>Mila CahyawatiM. Junaidi
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2025-07-032025-07-03417181Legal Protection for Children Involved in Narctics Abuse from An Islamic Law Perspective
https://proceedings.ums.ac.id/icrtlaw/article/view/5691
<p>The abuse of narcotics by children is a serious issue that threatens not only their health but also violates existing legal norms. This research focuses on the fact that children involved in such cases require an approach that is not solely punitive (repressive), but also rehabilitative. In Islamic teachings, protection of children is based on the values of compassion (rahmah), justice (al-'adalah), and public benefit (maslahah). This study explores how these principles are applied to protect children from the harmful effects of narcotics while also offering them opportunities for rehabilitation. The method used in this research is normative juridical, using a literature review approach. The legal basis used includes primary and secondary legal sources, which are analyzed deductively. The results of the analysis indicate that both Islamic law and national law align in promoting restorative justice, aiming for comprehensive protection of children. These findings are expected to serve as a foundation for developing more humane legal strategies focused on safeguarding children's rights.</p>Yusril Aulia PatraM. Junaidi
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2025-07-032025-07-03418288Determination of The Amount of Levy and Profit Sharing for Parking Management based on The Regulation of The Mayor of Surakarta No.5 of 2024
https://proceedings.ums.ac.id/icrtlaw/article/view/5692
<p>The increase in motorized vehicles in Surakarta demands more effective and efficient parking management. The Surakarta City Government stipulates Mayor Regulation No. 5 of 2024 as the basis for regulating parking levies to increase Regional Original Revenue (PAD) and ensure regular parking management. This study aims to analyze the suitability of the amount of parking levy in Surakarta Mayor Regulation No. 5 of 2024 with higher laws and regulations and examine the implementation of these regulations in parking management practices in Surakarta, including the obstacles faced. This study uses a normative method with a legislative approach to assess the suitability of parking levy rules against higher regulations and an empirical method to evaluate policy implementation in the field. The study shows that the amount of the parking levy in Surakarta Mayor Regulation No. 5 of 2024 is not fully aligned with higher regulations, especially in terms of tariff adjustments based on people's purchasing power and the principle of fiscal justice. In addition, the implementation of this regulation faces various obstacles, such as a lack of socialization with parking attendants, uneven parking facilities, and the emergence of illegal collection practices. Therefore, it is necessary to revise policies and increase supervision so the parking levy system can run more optimally.</p>Gresnia Himbi ParkitasariDiana Setiawati
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2025-07-032025-07-034189103Cyber Law: Protection of Society from Cyber Crime in A Prophetic Perspective
https://proceedings.ums.ac.id/icrtlaw/article/view/5693
<p>Introduction: The role of law enforcement officers as regulated in Law Number 19 of 2016 concerning Amendments to the ITE Law and Law Number 1 of 2024 concerning the Second Amendment to the ITE Law is crucial in efforts to eradicate cybercrime. Their responsibilities include detection, investigation, prosecution of cybercriminals, as well as prevention and handling of cyberattacks. In addition to positive law in Indonesia, cybercrime can also be viewed from a prophetic law perspective. Method: This study uses a normative or doctrinal method with primary data in the form of literature. This type of research is descriptive in nature which aims to provide a representative picture of cyber law and community protection in prophetic law. The approaches used are philosophical, legislative, and literature approaches. Results and Discussion: From the results of the study, it is understood that cybercrime is a form of crime that has emerged in the modern era. According to the analysis of Islamic law (jinayat), perpetrators of cybercrime can be subject to ta'zir punishment. Ta'zir linguistically means prevention (al-man'u). In sharia terminology, ta'zir is an educational punishment (ta'dib) determined based on sin. The punishment can vary from light to severe according to the level of danger.</p>Arum Dwi Arta SetyoningsihAchmad Miftah Farid
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2025-07-032025-07-0341104113Legal Protection for Child Victims of Cyberbullying: Policy Analysis, Implementation and Challenges in The Digital Era
https://proceedings.ums.ac.id/icrtlaw/article/view/5694
<p>The rapid development of information technology has driven globalization and brought the world into the modern era, presenting various opportunities alongside negative impacts on social life. One of the concerning negative effects is cyberbullying, which can significantly influence children's psychological well-being and social interactions. This study employs a normative legal method by analysing relevant laws and regulations. Data analysis was conducted qualitatively through logical reasoning, induction, deduction, analogy, and comparison. Legal protection for victims of cyberbullying in Indonesia is enshrined in several laws and regulations, such as Law Number 35 of 2014 and Law Number 1 of 2024. However, the implementation of these policies encounters various challenges, including a lack of public awareness and inadequate facilities and infrastructure for victims. There is a need for enhanced socialization, education, and evaluations of the effectiveness of existing policies. Legal protection for child victims of cyberbullying has been established in law, but its implementation requires strengthening through oversight, education, and collaboration among the government, educational institutions, and the community.</p>Safa Cyrilla ApsariniLabib Muttaqin
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2025-07-032025-07-0341114124Analysis of Legal Considerations, Supreme Court Judge in Imposing A Life Sentence in Premeditated Murder Case (Case Study of Decision 813/K/Pid/2023)
https://proceedings.ums.ac.id/icrtlaw/article/view/5695
<p>The premeditated murder case of the defendant Ferdy Sambo (FS), who killed Brigadier Nofriansyah Yoshua Hutabarat (Brigadier J) in July 2022, has attracted the attention of the Indonesian people. This was initially thought to be a shootout between the victim and Bharada Richard Eliezer (Bharada E), who allegedly sexually harassed FS's wife. However, further investigation showed that FS planned the murder and ordered Bharada E to shoot Brigadier J. FS, who was charged with Article 340 of the Criminal Code on premeditated murder and Article 49, juncto Article 33 of the ITE Law, as well as Article 55 of the Criminal Code. This case attracted attention because law enforcement officials, who were supposed to be responsible for maintaining security and order, were instead involved in criminal acts. FS was sentenced to death by the South Jakarta District Court during the sentencing process. Still, at the cassation level, the Supreme Court changed the sentence to life imprisonment, after Law No. 1 of 2023, which made the death penalty a special penalty and affirmed the importance of more rehabilitative penal goals, political changes in Indonesia's criminal law became part of the consideration of Supreme Court judges. The defendant's emotional factors, his life history, and his thirty years of service in the National Police were also considered by the judge. Nevertheless, FS's actions are still considered unlawful, so punishment cannot be avoided. Considering all relevant aspects, this decision demonstrates the application of the principle of proportional justice.</p>Bagus Dwi YuliantoLabib Muttaqin
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2025-07-032025-07-0341125137Implementation of The Principle of Equality before The Law on The Fulfillment of The Rights of Persons with Disabilities in Obtaining Legal Services at The Religious Court of Surakarta City
https://proceedings.ums.ac.id/icrtlaw/article/view/5696
<p>This study investigates the implementation of the principle of equality before the law in terms of the rights of persons with disabilities to obtain legal services at the Surakarta City Religious Court. This study used interviews with judges, lawyers, court officers, and people with disabilities, as well as direct observation of existing facilities and accessibility in the court. This research method is based on an empirical juridical method. In addition, this study analyzes whether the principle of equality before the law is applied effectively, by looking at the example of Law Number 8 of 2016 concerning Persons with Disabilities. The results of the study show that, although there have been efforts to fulfill the rights of persons with disabilities in the judiciary, there are still some challenges to applying the principle of equality before the law. Among them are the lack of disability-friendly court facilities and the lack of adequate communication assistance. and the inability of court officers to understand the rights of persons with disabilities. People with disabilities often have difficulty accessing courtrooms, getting proper information about the law, and getting proper legal assistance. Therefore, while there are regulations that support the rights of persons with disabilities in the justice system, practice on the ground still needs to make further efforts to ensure that everyone has an equal opportunity to access legal services and access. The study suggests improving physical court facilities, improving legal support services, and specialized training for law enforcement to increase understanding and awareness of the rights of persons with disabilities in the judicial process.</p>Mahendra Akbar RachmadhaniSyaifuddin Zuhdi
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2025-07-032025-07-0341138158Judge's Consideration in Granting Exceptions in Trademark Cases
https://proceedings.ums.ac.id/icrtlaw/article/view/5697
<p>A trademark as part of intellectual property has an important role in protecting product identity and preventing unfair business competition. In trademark cases, exceptions are often filed by defendants to dismiss lawsuits from the early stages before entering the main case. This study aims to determine the judge's considerations in granting exceptions in trademark cases in Decision Number 52/Pdt.Sus-Trademark/2020/PN Niaga Jkt.Pst, Decision Number 72/Pdt.Sus-Trademark/2020/PN.Niaga.Jkt.Pst, and Decision Number 1/Pdt.Sus-Trademark/2024/PN Niaga Jkt.Pst and what legal efforts can be taken in granting exceptions in trademark cases. This study uses a normative juridical method with a doctrinal approach and case studies of court decisions. The data used are secondary data obtained through document analysis and case studies of court decisions. The results of this study indicate that judges in granting exceptions consider several legal aspects, such as the prematurity of the lawsuit, formal defects in the power of attorney, and the ambiguity of the lawsuit (obscuur libel). The granting of this exception is in accordance with applicable legal provisions. In addition, this study also examines the legal remedies that can be taken by parties who object to the exception decision, namely through cassation and judicial review. The conclusion of this study is that the judge's considerations in granting exceptions in trademark cases focus on legal and procedural aspects. The decision that grants the exception shows that the lawsuit filed does not meet the applicable legal requirements, such as the invalidity of the power of attorney, prematurity, and ambiguity in the lawsuit. The legal remedies that can be taken by parties who are dissatisfied with the decision to grant exceptions in trademark cases are cassation and judicial review.</p>Elman Wahyu KoesnotoMarisa Kurnianingsih
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2025-07-032025-07-0341159177Judges' Perspective on The Implementation of SEMA No. 2 of 2023 concerning The Registration of Interfaith Marriages
https://proceedings.ums.ac.id/icrtlaw/article/view/5698
<p>This study aims to explore judges' perspectives on the Supreme Court Circular Letter (SEMA) No. 2 of 2023. It uses an empirical or non-doctrinal method, with primary data obtained through interviews with five judges selected via snowball sampling. The findings show that there are both pro and contra views among judges regarding SEMA No. 2 of 2023. Those opposed view it merely as guidance for judges, affirming their freedom to decide cases as it is not a binding rule. Meanwhile, supporters regard it as a breakthrough that provides legal certainty in the implementation of interfaith marriages. The novelty of this study lies in revealing that not all judges share the same opinion regarding a SEMA, indicating the need for more outreach among law enforcers, especially concerning interfaith marriage.</p>Syaifuddin ZuhdiLutfiah Firdaus
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2025-07-032025-07-0341178186QS. Al-Maidah Verse 8: A Reflection on Prophetic Justice
https://proceedings.ums.ac.id/icrtlaw/article/view/5700
<p>This research aims to examine the application of the principle of justice contained in QS. Al-Maidah verse 8 within the social and political context of modern society. This verse teaches that every individual must be treated justly, without discrimination based on social background, religion, race, or other statuses. Although the concept of justice in this verse is universal and inclusive, its implementation in social reality is often hampered by structural inequalities, particularly in economic, political, and social sectors. This study employs a qualitative approach with a literature study method to analyze the exegesis of QS. Al-Maidah verse 8 and compare it to existing social conditions, especially in Indonesia. The results show that although various countries have proclaimed social justice policies, structural inequalities remain widespread, potentially creating discrimination and imbalances across various sectors of life. Justice in Islam, as depicted in QS. Al-Maidah verse 8, requires respect for the fundamental rights of every individual and equal opportunities in all aspects of life. Therefore, this study suggests the need for reforms in public policy to be more inclusive and focused on equalizing opportunities for all individuals, as well as emphasizing the importance of a paradigm shift in society to better appreciate diversity as a strength that can drive the realization of true justice.</p>Ainun MurziqAndri Nirwana AN
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2025-07-032025-07-0341195205Law Enforcement for Smoking Drivers in Surakarta
https://proceedings.ums.ac.id/icrtlaw/article/view/5701
<p>This study aims to identify law enforcement for motorists who smoke and obstacles faced by the Police as well as obstacles in prosecuting motorists who smoke while driving in Surakarta. The increasing number of motor vehicles in Indonesia, especially in Surakarta, contributes to the ease of daily activities, but also increases traffic violations, including smoking while driving. One of the habits that is still widely found among motorcyclists is the behavior of smoking while driving, even though the potential danger is very large. This behavior not only endangers the rider himself, but also others around. Based on Lawrence M. Friedman's theory, the three elements of the legal system, legal structure, legal substance and legal culture, still face major challenges in their implementation. The method used in this study is an empirical juridical approach that focuses on examining community behavior. The results of the research are expected to contribute to improving law enforcement and traffic safety. Law enforcement against motorists who smoke while driving in the city of Surakarta, focusing on the role of the Police in tackling traffic violations related to smoking habits.</p>Rachma Putri Dwi AmaliaMarisa Kurnianingsih
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2025-07-032025-07-0341206214Implementation of Smart City Policy in Creative Economy Development in Boyolali Regency
https://proceedings.ums.ac.id/icrtlaw/article/view/5702
<p>This study examines the implementation of the Smart City concept in the development of the creative economy in Boyolali Regency, which is supported by Regional Regulation Number 12 of 2022 concerning the Implementation of Smart Regency. The creative economy is a main pillar in national development, and local governments play an important role in creating an ecosystem that supports it. Boyolali adopts Smart City with a focus on a technology-based economy, increasing the value of its individuals, innovative governance structures, and a sustainable environment. This implementation includes the development of digital infrastructure, MSME training, and technology-based public services. This study also uses a juridical-empirical method to analyze the application of legal regulations in society. The results of the study show that Boyolali Regency has taken significant steps, such as the construction of the Smart City Center Building and the provision of public WiFi access. In addition, the government is active in providing socialization and training to MSMEs to utilize technology in product promotion. The key to the success of Smart City in Boyolali is active community participation and collaboration between the government and various parties. Despite challenges such as the digital divide and limited human resources, Boyolali has outstanding potential to develop a technology-based creative economy industry and become a model of a highly competitive smart city.</p>Dhita Evany AristyawatiNunik Nurhayati
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2025-07-032025-07-0341215228Implementation of Compliance Online System towards Good Corporate Governance at PT Kilang Pertamina International Based on Legislation
https://proceedings.ums.ac.id/icrtlaw/article/view/5703
<p>This research examines the principles of digital-based Good Corporate Governance at PT Pertamina International Refinery RU IV Cilacap in accordance with Indonesian legislation. The implementation of Good Corporate Governance is believed to provide the importance of implementing Good Corporate Governance in increasing transparency, accountability, responsibility, independence and fairness in the company’s operations to overcome abuse of authority. This research uses an empirical juridical method with a qualitative approach, utilizing primary data obtained through interviews with resource persons from PT Kilang Pertamina Internasional RU IV Cilacap, as well as secondary data from legal documents and related literature. The results show that the implementation of digital-based Good Corporate Governance, especially through the Compliance Online System (Compols), contributes significantly to operational effectiveness and prevention of abuse of authority at PT Kilang Pertamina Internasional RU IV Cilacap.</p>Luky Tri SasongkoLabib Muttaqin
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2025-07-032025-07-0341229239Legal Reasoning of Judge's Decision No. 70/PID.SUS-TPK/2024/PN JKT.PST. on Corruption in The Mining Sector from The Perspective of Prophetic Legal Justice
https://proceedings.ums.ac.id/icrtlaw/article/view/5705
<p>As a state of law, Indonesia must guarantee legal certainty to its people. This article aims to analyze the considerations of the judges of the Central Jakarta District Court case number 70/Pid.Sus-TPK/2024/PN Jkt. Pst. according to the view of prophetic legal justice, in addition to providing insight to judges so that they can create legal reasoning that supports legal certainty, both from the concept of legislation and the concept of legal justice. This research uses a juridical-normative approach method with data types in the form of primary and secondary data. The results of this study are first, the legal facts show that in this case the panel of judges who examined and tried case number 70/Pid.Sus-TPK/2024/PN Jkt. Pst. did not heed the philosophical, juridical and sociological aspects in accordance with the rules on Corruption Punishment in giving a verdict against the defendant. Second, Indonesia as a state of law adheres to divine justice. The judge's decision number 70/Pid.Sus-TPK/2024/PN Jkt. Pst. with the view of Prophetic Justice, the concept of prophetic justice encourages social, ecological, and spiritual responsibility in every legal policy, including in the natural resource sector.</p>Rio Pradita WibowoM. Junaidi
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2025-07-032025-07-0341240251Legal Effectiveness of Risk-Based Business Licensing for The Rice Milling Industry in The Sawit District of Boyolali Regency
https://proceedings.ums.ac.id/icrtlaw/article/view/5706
<p>Modern business in Indonesia brings both positive and negative impacts, where licensing regulations, such as those stipulated in Law Number 11 of 2020 on Job Creation and Government Regulation Number 5 of 2021, aim to improve a conducive business climate and reduce bureaucracy, but implementation still faces technical obstacles and access inequality that can hinder the achievement of compliance and efficiency. The purpose of this study is to explain about: (1) description of risk-based business licensing in the rice milling industry in Sawit District after the Job Creation Law; and (2) legal effectiveness in the application of rice milling licensing in Sawit District after the Job Creation Law. By analyzing the legal effectiveness of risk-based business licensing for the rice milling industry in Sawit District, Boyolali, with an empirical juridical approach. Based on the research results, out of 26 rice milling industry businesses in Sawit District, 22 do not have a Business Identification Number (NIB), while only 4 have applied for one, with the main obstacles being a lack of understanding of the importance of licensing, limited access to technology, and concerns about additional tax burdens. Although the Online Single Submission (OSS) system has been introduced to simplify the risk-based licensing process, low digital literacy and lack of socialization from local governments are still the main obstacles in improving business compliance with licensing regulations. Legal effectiveness in rice milling licensing in Sawit District is still hampered by the weak legal structure, less than optimal implementation of legal substance, and the low legal culture of the community. Strengthening the role of implementing apparatus, simplifying the licensing mechanism, and more intensive socialization are needed so that the implementation of risk-based licensing can run more effectively and be accepted by the community.</p>Adelia Zahra NugrohoNunik Nurhayati
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2025-07-032025-07-0341252269Policy on The Certainty of Legal Protection for Child Victims of Cyberbullying in Surakarta
https://proceedings.ums.ac.id/icrtlaw/article/view/5707
<p>This research aims to determine the policy of ensuring legal protection for child victims of cyberbullying in Surakarta. Technological developments and the presence of the internet have had a big impact on various aspects of life. One of the impacts is the emergence of the phenomenon of cyberbullying, which refers to bullying through digital media such as social media, messaging applications and other platforms. This research uses a normative juridical approach method which uses secondary data sources which contain several regulations such as the Criminal Code, Information and Electronic Transactions Law, Child Protection Law, Surakarta Regional Regulations and Ministry of Education Regulations. To collect data in this research, the author used literature study techniques which were supported by data from cyberbullying case reports in Surakarta as well as the results of interviews with the KAKAK Foundation, then analyzed qualitatively. Based on the results and discussion in this research, it is known that preventive legal protection in Surakarta has several laws and regulations which can be used as the basis for legal and repressive protection, such as efforts to handle cases through mediation, collaboration, provision of service posts, and education.</p>Illyas AnshoriMarisa Kurnianingsih
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2025-07-032025-07-0341270283Regulation of Fixed-Term Employment Agreements on Working Time and Part-Time Wages in Labor Law
https://proceedings.ums.ac.id/icrtlaw/article/view/5708
<p>This research was prepared with the aim of providing information related to working time and wages, as well as legal protection for part-time workers based on labor law. This research is studied using a qualitative research method using a juridical-normative approach. The juridical-normative approach in this research is carried out by tracing legal documents and laws and regulations related to the title discussed by the researcher. The results of this research show that the Government of the Republic of Indonesia provides legal protection for part-time workers so that employers cannot be arbitrary in terms of division of working time and work wages for part-time workers.</p>Narendra Khairafi CahyandiAidul Fitriciada Azhari
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2025-07-032025-07-0341284294Law Enforcement by The Indonesian Police against Online Gambling (Judol) in Indonesia
https://proceedings.ums.ac.id/icrtlaw/article/view/5709
<p>The development of information technology has led to the rise of online gambling, which has become a serious threat in Indonesia. Although prohibited in the Criminal Code and the Electronic Information and Transaction Law, the practice continues to grow due to high accessibility and weak law enforcement. This study aims to analyze the effectiveness of regulations and strategies for handling online gambling to protect the public and maintain socio-economic stability. This study uses a qualitative method with a descriptive-analytical approach. Data was collected through a literature study as well as an analysis of government policies related to the prevention and enforcement of online gambling. The results show that law enforcement still faces technical challenges and regulatory weaknesses. There should be legal reform, strengthening of monitoring technology, and cross-border cooperation. In conclusion, a comprehensive approach is needed to address the negative impacts of online gambling.</p>Tania Shapna PutriAidul Fitriciada Azhari
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2025-07-032025-07-0341295303Criminal Law Policy in Tackling Online Gambling
https://proceedings.ums.ac.id/icrtlaw/article/view/5710
<p>The transformation of gambling from in-person to online has made it difficult to eradicate completely through existing laws and regulations. This research aims to understand the concept of countermeasures in online gambling crimes within the context of Indonesian criminal law. This research is a normative legal research (juridical normative) that uses secondary data, namely Primary Legal Materials, Secondary Legal Materials. Law enforcement against online gambling crimes in Indonesia involves various integrated legal efforts, both preventively and repressively. Preventive efforts are carried out through prevention policies that focus on improving welfare, legal education, and increasing supervision. Meanwhile, repressive efforts focus on strict actions against the perpetrators, such as blocking online gambling sites, closing the accounts involved, and enforcing criminal sanctions based on various legal regulations, including the Criminal Code, the Electronic Information and Transaction Law, and the Gambling Control Law. there are technical and geographical challenges in law enforcement related to online gambling, synergy between law enforcement officials, internet service providers, and international institutions is needed to increase the effectiveness of handling online gambling cases.</p>Cahya Handy SaputraMuchamad Iksan
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2025-07-032025-07-0341304313Effectiveness of Business Licensing Laws for Micro, Small, and Medium Food Stalls in Mojosongo Urban Village
https://proceedings.ums.ac.id/icrtlaw/article/view/5711
<p>Micro, Small and Medium Enterprises (MSMEs) is a business sector that has a strategic role in the Indonesian economy. This research aims to find out: 1) Overview of MSME Business Licensing in Food Stalls in Mojosongo Urban Village, and 2) Legal Effectiveness of Risk-Based Business Licensing of Food Stalls in Mojosongo Urban Village. This research uses a juridical-empirical approach by combining analysis of legal regulations and direct interviews with MSME actors in Mojosongo Urabn Village. This research uses Lawrence M. Friedman’s theory of legal effectiveness to analyze the effectiveness of risk-based licensing laws specifically on Micro, Small and Medium Enterprises food stall, which have not previously been the focus of research in the context of the Mojosongo Urban Village area. The results show that Micro, Small and Medium Enterprises food stall in Mojosongo still face administrative constraints, lack of understanding of new regulations, and suboptimal institutional support. The legal effectiveness of risk-based licensing in this area is hampered by structural factors and a community legal culture that is not yet conducive. Risk-based licensing for Micro, Small and Medium Enterprises food stall in Mojosongo has not been fully effective. Increased socialization, simplification of administrative procedures, and strengthening the role of government in supporting Micro, Small and Medium Enterprise actors to achieve legal compliance are needed.</p>Vanya Lakhsitta Az ZahraNunik Nurhayati
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2025-07-032025-07-0341314327The Politics of Death Penalty Against Serious Criminal Cases in The Perspective of The New Justice-Based Criminal Code
https://proceedings.ums.ac.id/icrtlaw/article/view/5712
<p>The death penalty is the most severe disciplinary measure in the Indonesian criminal law system. From a theoretical point of view, the use of the death penalty in politics is in line with the idea of using criminal law as a last resort to solve society's problems related to crime. Legal research is a methodical and analytical scientific endeavor that involves the study of a particular legal problem. Therefore, the researcher applies a mixed approach method, namely doctrinal or normative juridical research with a statutory and conceptual approach and empirical juridical (non-doctrinal). Criminal politics, often known as criminal policy, refers to a strategic and logical approach that aims to overcome and reduce crime. The political ideals of the death penalty law include principles that guide the formulation and implementation of policies related to the death penalty. The formulation of criminal law policy throughout the legislative process is a crucial and strategic stage in overall law enforcement planning. The core objective of the application of penalties in the forthcoming National Draft Criminal Code Law is to implement a comprehensive approach that is essential to addressing the consequences of illegal behavior. The Political Law of Death Penalty in the New Criminal Code does not only aim to impose severe punishment but also to be a middle way of practicing the values of Pancasila because it seeks to balance the interests of individuals and society who are pro-contra with the death penalty. Concept of Death Penalty in the New Criminal Code Based on Justice Death penalty is made as a special punishment in the reformation of criminal law and is intended to be used as a last resort to restore goodness to society.</p>Raditya NugrahaA Absori
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2025-07-032025-07-0341328356Effectiveness of Mediation in Divorce Settlement in Klaten Religious Court
https://proceedings.ums.ac.id/icrtlaw/article/view/5715
<p>The divorce rate in Indonesia shows an increasing trend in recent years. In particular, in Klaten Regency, the divorce rate has also increased significantly. The increase in the divorce rate is a serious concern for the government and society, considering its impact on the social structure and family welfare. In divorce cases, mediation is often a means of identifying the root of problems in the household, such as communication conflicts, economic problems, or third party intervention. Thus, this research aims to find out how effective mediation is in resolving divorce cases at Klaten Religious Court and what factors influence the success or failure of mediation in divorce cases. This research uses a juridical-sociological approach to understand the effectiveness of mediation in resolving divorce cases, both from a legal perspective and its social implementation related to divorce resolution. The mediation process carried out by Klaten Religious Court has been deemed effective. The results of research on the effectiveness of the mediation process in resolving divorce at Klaten Religious Court, quantitatively, the mediation process carried out by Klaten Religious Court has shown success in many divorce cases. The main factor that supports the success of mediation is the competence of the mediator involved in the process, which includes skills in managing conflict dynamics and building effective communication between the disputing parties. Apart from that, the willingness to reconcile from the parties involved in the case also greatly influences the success of mediation. Even though the mediation system at Klaten Religious Court has had a positive impact, improvements are still needed, both in terms of the quality of mediators, active participation of litigants, and support from court institutions to overcome existing obstacles.</p>Mahendra Jaya Gumilang
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2025-07-032025-07-0341357371The Buzzer Phenomenon and Legal Protection for Businesses Related to Negative Reviews on Social Media
https://proceedings.ums.ac.id/icrtlaw/article/view/5716
<p>The development of information technology and the advancement of social media platforms in recent years have changed the way businesses and consumers communicate. Social media allows businesses to promote their products, but also presents challenges related to negative reviews from consumers and third parties, such as buzzers and food vloggers. Negative reviews from buzzers are often detrimental to businesses’ reputation, while food vloggers who give harsh reviews have the potential to reduce turnover and business image. However, constructive reviews can be beneficial for business quality improvement. In Indonesia, the Electronic Information and Transaction (ITE) Law provides a legal basis for the dissemination of harmful information, but the line between freedom of expression and legal protection for businesses remains problematic. This research aims to explore the mechanism of employers' legal umbrella regarding negative reviews, with the process of analyzing existing laws and regulations and comparing positive reviews from well-known reviewers and negative reviews from buzzers or food vloggers. The research uses a qualitative approach and normative method, collecting data through literature study, document analysis, and case studies. The results show the need for clearer regulations regarding the limits of reviews, as well as the importance of the principles of good faith and honesty in providing reviews on social media. Preventive and repressive legal protection can be applied to protect businesses from unfair negative reviews, taking into account aspects of freedom of expression guaranteed by law.</p>Ulima Bahtiar PratiwiMutimatun Niami
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2025-07-032025-07-0341372380Implementation of Smart Environment Policy in Sukoharjo Regency in Supporting Sustainable Development
https://proceedings.ums.ac.id/icrtlaw/article/view/5717
<p>This research aims to analyze the implementation of Smart Environment in Sukoharjo Regency and Smart Environment policies in Sukoharjo Regency in supporting the principles of sustainable development. This research uses an empirical juridical qualitative approach. This research focuses on the implementation of Smart Environment in Sukoharjo Regency and its relation to the principles of sustainable development, which has not been widely discussed in previous studies. The results showed that the integrated planning of Smart Environment in Sukoharjo Regency consisted of developing the dimensions of the Environmental Protection Program (Protection), developing Waste Management and Responsible Energy Management (Energy). The conclusion of this research is that the implementation of Smart Environment in Sukoharjo Regency has succeeded in achieving sustainable development goals through green open space management, modern and sustainable waste management, independent energy management, and reducing environmental pollution. In addition, the implementation of Smart Environment in Sukoharjo Regency supports sustainable development with the principles of public trust, the precautionary principle, the principle of justice between generations, the principle of subsidiarity, and the polluter pays principle.</p>Muhammad Faiz Abrar HibatullahNunik Nurhayati
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2025-07-032025-07-0341381395Analysis of Judge’s Considerations in Decision Number 1441/Pid.Sus/2019/PN Mks Alleged Case of Malpractice Reviewed from Law Number 17 of 2023
https://proceedings.ums.ac.id/icrtlaw/article/view/5718
<p>Medical malpractice is an error by medical personnel that violates the code of ethics and standards of procedure, while negligence is an accident in medical action, with both having the potential to cause harm to patients, so that legal and medical professional regulations require informed consent and regulate criminal liability for violations of professional standards and negligence. The purpose of this study is to explain related to the analysis of the judge's consideration in Decision Number 1441/Pid.Sus/2019/PN Mks in review of Law Number 17 of 2023. By using a normative juridical method with a case study of Decision Number 1441/Pid.Sus/2019/PN Mks and a descriptive approach to reveal and explain the criminal act of medical personnel malpractice in a legal perspective supported by literature study data sources. The results of this study are Decision Number 1441/Pid.Sus/2019/PN Mks acquitting the defendant because the element of negligence in Article 360 paragraph (1) of the Criminal Code was not proven legally and convincingly. Administrative violations, such as the absence of certification and written informed consent, are considered more appropriately handled ethically and administratively. The judge applied the principle of in dubio pro reo and assessed medical complications as a risk of medical action, not the fault of the defendant. This verdict emphasizes that law enforcement must consider medical professionalism, procedural standards, and the principle of justice without conviction without strong evidence.</p>Denta Lufy Nur YandiniM. Junaidi
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2025-07-032025-07-0341396406Legal Protection of Consumers in Online Buying and Selling according to Islamic Law and Consumer Protection Law
https://proceedings.ums.ac.id/icrtlaw/article/view/5719
<p>The purpose of this research is to analyze how legal protection is obtained by consumers in online buying and selling. The legal protection analyzed is not only from the existing positive legal rules, but also from Islamic law. This research is motivated by the increasing number of online buying and selling models. Online shop itself is a term that emerged in the early 2000s regarding buying and selling systems based on the internet and applications. So, it is necessary for people who use online buying and selling to know the legal protection they get. The research method used is doctrinal normative research. The material studied is the laws and regulations. The rules are examined qualitatively to describe how legal protection is contained in the law. The results obtained in this study are that both in the rules of positive law and Islamic law it is found that consumers are protected. The legal protection obtained is both preventive and redressive. So that in the end, with this legal protection, both producers and consumers must and obey the existing regulations. So that the online buying and selling process is mutually beneficial to both parties, both producers and consumers.</p>Resta Pratama FaudiM. Junaidi
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2025-07-032025-07-0341407418Doxing as A Threat to Freedom of Speech: A Juridical Review of Protection against The Dissemination of Personal Data on The Internet
https://proceedings.ums.ac.id/icrtlaw/article/view/5720
<p>Digital development not only brings a positive impact on life but raises various challenges regarding privacy and data security, one of which is doxing. The phenomenon of doxing, which is the disclosure of a person's personal information without permission, has become a serious threat to freedom of speech on the internet. The purpose of this research is to examine the impact of doxing on freedom of speech on the internet and analyzing the types of legal protection available to doxing victims in Indonesia based on the Personal Data Protection Law and the Electronic Information and Transaction Law. This research employs a normative juridical method, namely analyzing various legal regulations relating to doxing, namely Law No. 27 of 2022 on Personal Data Protection and Law No. 1 of 2024 about the Second Amendment to Law No. 11 of 2008 on Electronic Information and Transactions. This research uses secondary data consisting of primary, secondary, and tertiary legal materials with qualitative descriptive data analysis techniques that produce data that is systematically organized to describe the phenomenon of doxing. The results show that doxing inhibits freedom of speech because victims often experience intimidation, social pressure, and physical threats. The Personal Data Protection Law and Electronic Information and Transaction Law provide regulations for personal data and sanctions for doxing perpetrators. However, these regulations still need to be strengthened, increase public awareness, and more effective legal efforts in handling doxing cases.</p>Della Dearista AxeliaDiana Setiawati
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2025-07-032025-07-0341419431Analysis of Copyright Infringement of Cover Song Displayed on YouTube (Case Study of Supreme Court Decision Number 41 PK/PDT.SUS-HKI/2021)
https://proceedings.ums.ac.id/icrtlaw/article/view/5721
<p>In the era of globalization and digitalization, communication technology plays an important role in accelerating the development of digital activities. YouTube has become one of the popular platforms for sharing content, including song cover videos made by individuals or groups. Although it offers convenience and a means of creativity, song cover activities on YouTube have the potential to cause copyright infringement, especially related to musical works protected by law. Many users are unaware that uploading song covers without permission can violate copyright, which risks harming the creator and the music industry. This study aims to analyze copyright infringement in song cover activities on YouTube, focusing on a case study of the Supreme Court Decision Number 41 PK/Pdt.Sus-HKI/2021. The method used is normative legal research with a case study approach, which aims to provide an understanding of copyright protection in the digital world. The results of the study show that the Supreme Court's decision regarding copyright infringement in the case of "Lagi Syantik" by Gen Halilintar reflects the importance of more effective education and law enforcement to protect copyrighted works on digital platforms. This study is expected to contribute to the understanding of copyright compliance in the use of YouTube and other digital platforms.</p>Helga Paramesti PutriMutimatun Niami
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2025-07-032025-07-0341432440Legal Analysis of The Criminal Act of Domestic Violence according to Law No. 23 of 2004 (Case Study of Decision Number 314/PID.SUS/2023/PN.SKT)
https://proceedings.ums.ac.id/icrtlaw/article/view/5722
<p>Domestic Violence (KDRT) is a problem that impacts the physical and mental health of the victim. UU no. 23 of 2004 concerning the Elimination of Domestic Violence (UU PKDRT) as a legal instrument to protect victims and take action against perpetrators. This research analysis decision number 314/Pid.sus/2023/PN.Skt to evaluate the effectiveness of the implementation of the PKDRT Law. This research aims to analyze the form and application of law regarding domestic violence in accordance with the PKDRT Law in the case of Decision number: 314/Pid.Sus/2023/PN.Skt. In this way, this research can provide a deeper understanding of the causes and efforts to prevent domestic violence in accordance with applicable laws in Indonesia. This research uses normative juridical methods with a descriptive analysis approach to examine the implementation of Law Number 23 of 2004 concerning the Elimination of Domestic Violence. Data was collected through literature study which includes primary, secondary and tertiary legal materials. In Decision Number 314/Pid.Sus/2023/PN.Skt it is in accordance with legal provisions, but the sentence imposed is relatively light and does not provide a maximum deterrent effect. Apart from that, protection for victims after the incident still needs to be improved, especially in psychological aspects and ensuring safety. Therefore, synergy is needed between law enforcement and social protection mechanisms so that the objectives of the PKDRT Law in preventing and overcoming domestic violence can be realized. To prevent domestic violence, joint efforts from various parties are needed through education, public awareness, support for victims, intervention against perpetrators, and strict law enforcement. Prevention can also be done by strengthening moral values, religion and mutual respect in the family.</p>Rossi FitrianingrumDiana Setiawati
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2025-07-032025-07-0341441451Revitalization of Jongke Market in Surakarta: Juridical Analysis and Its Impact on Social, Economic, Environmental and Cultural Aspects
https://proceedings.ums.ac.id/icrtlaw/article/view/5725
<p>Jongke Market in Surakarta, which has been operating since 1922, underwent revitalization in 2023 to overcome various problems, such as damaged physical conditions, slums, and frequent flooding. This study aims to analyze the juridical aspects of revitalization based on Law No. 26 of 2007, Minister of Trade Regulation No. 21 of 2021, and Surakarta Regional Regulation No. 1 of 2010, and evaluate its impact on social, economic, environmental, and cultural aspects. The method used is empirical juridical with primary data from interviews and observations, and secondary data from literature studies. The results show that the revitalization policy has fulfilled the existing legal provisions, especially in the aspects of spatial planning, management of trade facilities, and protection of traditional markets. From the social aspect, revitalization improves comfort, but changes the interaction patterns of traders and buyers. From an economic aspect, the competitiveness of the market increased, but the distribution of benefits is still uneven, especially for traders on the upper floors experiencing a decline due to accessibility. From the environmental aspect, revitalization contributed to improved hygiene and better waste management. From the cultural aspect, revitalization maintains the identity of traditional markets through the promotion of local products and cultural events. Therefore, further policies are needed that ensure market revitalization not only provides physical benefits, but also strengthens the welfare of traders as well as maintaining existing social, economic, environmental, and cultural values.</p>Tifany Zurah WibawatiNuria Siswi Enggarani
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2025-07-032025-07-0341487500Legal Protection against BRI's Quick Response Code Indonesian Standard (QRIS) Transactions in Micro, Small, and Medium Enterprises in Kartasura District
https://proceedings.ums.ac.id/icrtlaw/article/view/5762
<p>Quick Response Code Indonesian Standard (QRIS) is a digital payment system implemented by Bank Indonesia to unite various QR Code-based payment service providers in one national standard. This research aims to find out: 1) QRIS transaction regulations in Indonesia, and 2) Legal protection of Bank Rakyat Indonesia (BRI) QRIS transactions in Micro, Small, and Medium Enterprises (MSMEs) in Kartasura District. This research uses a normative juridical approach with a case study conducted to obtain an overview of how the regulation is applied in practice, especially in the use of BRI QRIS by Micro, Small and Medium Enterprises in Kartasura. The results showed that the regulation of QRIS transactions in Indonesia has a strong legal basis, especially with the existence of Bank Indonesia Regulation (PBI) No. 22/20/PBI/2020 concerning Payment Service Providers, Electronic Information and Transactions Law (ITE Law), and Consumer Protection Law. BRI QRIS transactions in Kartasura Micro, Small and Medium Enterprises are quite helpful for business actors in making faster and more efficient transactions. However, there are still some problems that are often faced, such as potential fraud through QR Code forgery, system disruptions, and limited access to dispute resolution mechanisms. Therefore, synergy is needed between regulators, banks, and Micro, Small and Medium Enterprises to ensure that the implementation of QRIS can run optimally, safely, and provide maximum benefits for all parties involved.</p>Wida Daning MuliaMoh. Indra Bangsawan
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2025-07-032025-07-0341501513Legal Analysis of 3 kg LPG Sales above The Het: A Corporate Social Responsibility and Good Governance Perspective
https://proceedings.ums.ac.id/icrtlaw/article/view/5763
<p>Indonesia is blessed with a wealth of natural resources, including 3 kilograms (kg) LPG that is vital for household energy. However, the violation of the Highest Retail Price (HET) by bases harms low-income communities. Companies must comply with the law and implement sustainable business practices, ensure accessibility and community welfare, and enhance social responsibility and good governance. The purpose of this study is to determine the sale of 3 kg LPG above the Highest Retail Price as well as the responsibility and good governance by the company towards the sale of LPG above the Highest Retail Price. This research method uses a normative approach with a descriptive type to describe the sale of 3 kg LPG above the Highest Retail Price and corporate social responsibility. Data sources include secondary data from literature studies, including relevant regulations and laws, as well as journal articles. Data collection methods were conducted through literature study and qualitative data analysis. The results found that violations of the Highest Retail Price in the sale of 3 kg LPG by bases harm low-income communities, indicating difficulties in establishing fair and transparent distribution. Therefore, corporate social responsibility and good governance are needed to improve price transparency and distribution oversight for the welfare of the community and to ensure that government subsidy schemes are properly implemented. In conclusion, corporate social responsibility in the sale of 3-kg LPG includes accessibility for the community, especially the underprivileged, as well as consumer education on pricing and the risks of inappropriate sales practices.</p>Nabila RahmawatiDiana Setiawati
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2025-07-032025-07-0341514524Legal Protection of The Parties to The Implementation of The Sale and Purchase Agreement through E-Commerce
https://proceedings.ums.ac.id/icrtlaw/article/view/5764
<p>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.</p>Via Puja LaksanaMoh. Indra Bangsawan
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2025-07-032025-07-0341525538Consumer Protection against Imported Cosmetic Products that Have Not Been Certified by The Indonesian Food and Drug Authority on Tokopedia Platform
https://proceedings.ums.ac.id/icrtlaw/article/view/5765
<p>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.</p>Luthfia Nurhaliza WirawanMoh. Indra BangsawanBambang SukocoMuhammad SafrizalR RahmawaniR Ramadani
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2025-07-032025-07-0341539552Legal Protection of E-Commerce User Privacy in Indonesia from The Perspective of Civil Law and Islamic Law
https://proceedings.ums.ac.id/icrtlaw/article/view/5766
<p>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.</p>Mohammad Rafi ArradhiyaHanifah Febriani
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2025-07-032025-07-0341553566Legal Review of Online Fraud Linked to Criminal Liability Aspects (Case Study: Decision Number 372/Pid.B/2020/PNSby)
https://proceedings.ums.ac.id/icrtlaw/article/view/5767
<p>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.</p>Asheka Malikus ZachwaLabib Muttaqin
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2025-07-032025-07-0341567582Legal Analysis of Criminal Act of Rape Continues (Study of The Decision of The Surakarta District Court Number: 8/Pid.B/2024/Pn.Skt)
https://proceedings.ums.ac.id/icrtlaw/article/view/5768
<p>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.</p>Arfina Manda FransiskaTaufiq NugrohoIndah Maulani
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2025-07-032025-07-0341583594Imprisonment as A Subsidiary of Additional Penalty of Money Substitute for Corruption Crime: A Utility Perspective
https://proceedings.ums.ac.id/icrtlaw/article/view/5771
<p>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.</p>Henderina MaloH HartiwiningsihS Sulistyanta
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2025-07-032025-07-0341618632Legal Challenges in Combating Deepfake Abuse: A Comparative Study of AI Regulation in Privacy Protection and Digital Security
https://proceedings.ums.ac.id/icrtlaw/article/view/5772
<p>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.</p>Muhammad DoingYuko FitrianSy Muhammad Ridho Rizki Maulufi AlkadrieW WarriyodiMuhammad Reza FahleviA Aprieyanti
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2025-07-032025-07-0341633645Law Enforcement of The Criminal Offence of Cap Djie Kie Gambling in Sragen Regency
https://proceedings.ums.ac.id/icrtlaw/article/view/5773
<p>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.</p>Taufik HidayatMuchamad Iksan
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2025-07-032025-07-0341646657Law Enforcement against The Criminal Act of Sale of Cytotec Drugs at The Sukoharjo Resort Police Office
https://proceedings.ums.ac.id/icrtlaw/article/view/5774
<p>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.</p>Yoga Subekti NugrohoMarisa Kurnianingsih
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2025-07-032025-07-0341658668Credit Risk Analysis at PT BPR Bank Boyolali: A Case Study on Micro Business Sector
https://proceedings.ums.ac.id/icrtlaw/article/view/5776
<p>This study aims to analyze credit arrangements and risk management strategies at PT BPR Bank Boyolali, focusing on the microbusiness sector. To support financial inclusion, PT BPR Bank Boyolali provides credit to micro businesses, which often face challenges due tolimited collateral, income fluctuations, and economic instability. This study employs a qualitative approach with descriptive analysis method to examine the lending process, risk mitigation policies, and the impact of credit risk on the financial health of PT PR Bank Boyolali. The results showed that PT BPR Bank Boyolali implemented a creditworthiness assessment system based on the 5C method. The bank also diversified its loan portfolio and provided financial education to customers to mitigate credit risk. Additionally, the bank applies flexible policies tailored to the capacity of micro businesses. However, this study also identified challenges in risk management related to the instability of micro businesses. Based on these findings, PT BPR Bank Boyolali is recommended to continue developing digital risk assessment technology and strengthening risk mitigation strategies to maintain financial health and support microenterprise sustainability. This research contributes to our understanding of credit risk management practices in rural banks, especially when lending to micro businesses.</p>Amanda Khoirun NisaMoh. Indra Bangsawan
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2025-07-032025-07-0341681694Financial Technology (FinTech) Analysis in Improving Banking Services (Study at BSI KCP Boyolali)
https://proceedings.ums.ac.id/icrtlaw/article/view/5777
<p>This study aims to explore the role of fintech in improving Islamic banking services at Bank Syariah Indonesia (BSI) Boyolali Sub-Branch Office (KCP), focusing on operational efficiency, financial inclusion, and access to Islamic finance. Through the utilization of technologies such as mobile banking and digital platforms, fintech has successfully accelerated the banking service process, reduced physical interactions, and made it easier for people in remote areas to access financial services. Services such as digital payments, money transfers, and microloans enable people who previously did not have access to traditional bank accounts to participate in the formal financial system. In addition, the use of technology for risk evaluation and Islamic financing also expands opportunities for MSME players in Boyolali to obtain financing that complies with sharia principles. However, it is important for BSI KCP Boyolali to continue improving digital literacy and data security, as well as developing fintech features that are more suited to local needs in order to optimize the potential of fintech in supporting financial inclusion and regional economic growth.</p>Layla Qodri AniMoh. Indra Bangsawan
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2025-07-032025-07-0341695708The Role of Boyolali District Bawaslu in Supervising Village Heads' Neutrality on Social Media in The 2024 Regional Head Elections
https://proceedings.ums.ac.id/icrtlaw/article/view/5779
<p>Regional Head Election (Pilkada) is one of the important instruments in the democratic system in Indonesia. However, in its implementation, the neutrality of village heads often becomes a problem that can affect the integrity of Pilkada, especially through the use of social media. This study aims to analyze: 1) The role of the Election Supervisory Agency (Bawaslu) in maintaining the neutrality of village heads during the Pilkada, and 2) The role of Bawaslu Boyolali Regency in overseeing the neutrality of village heads on social media. The research method used is empirical juridical which examines legal provisions and conducts interviews with members of Bawaslu Boyolali Regency. The results showed that Bawaslu has a strategic role in overseeing the neutrality of village heads through socialization, direct supervision, as well as coordination with local governments and giving sanctions to violating village heads. However, this supervision faces obstacles in the form of limited resources and low awareness of village heads regarding neutrality rules, and in overseeing the neutrality of village heads on social media, Bawaslu Boyolali Regency implements a digital monitoring strategy, early detection of violations, coordination with related parties, socialization to village heads, and counseling to the public to monitor and report violations. Based on the research results, strengthening regulations and monitoring technology, increasing political literacy for village heads, and synergy between the government, Bawaslu, and the community are needed to ensure fair, transparent, and democratic elections.</p>Rakhul Akbar MaulanaLabib Muttaqin
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2025-07-032025-07-0341720731Legal Analysis of Implicationsconstitutional Court Decision No.60/PUU-XXII/2024 on Simultaneous Regional Head Elections and Democracy
https://proceedings.ums.ac.id/icrtlaw/article/view/5780
<p>Constitutional Court Decision Number 60/PUU-XXII/2024 which has urgency for the implementation of the 2024 Pilkada. This study aims to determine the implications of the Constitutional Court Decision on regional head elections and democracy and how judges consider in deciding the decision. The approach used is the Statute Approach which conducts a review of laws and regulations related to the legal issues being studied. This type of research is juridical-normative research, juridical research that examines legal perspectives based on statutory regulations, and normative research to find legal regulations, and legal doctrines that are useful for answering existing issues. The data collection process is carried out by collecting primary legal materials, secondary legal materials, and non-legal materials through library research or searching for information on the internet. The data obtained is then collected to ensure its validity. The results of the study show that based on the considerations of the Panel of Judges which states that Article 40 paragraph (1) and paragraph (3) of Law No. 10 of 2016 is unconstitutional against the 1945 Constitution, then the results of the Constitutional Court decision N0.60 / PUU-XXII / 2024 emerged, the results of which changed the nomination threshold depending on the permanent election list in each region. This decision opens the door for parties that do not have enough votes in the DPRD to be able to nominate their candidates as regional heads as long as they meet the requirements, and equalizes the rights and requirements for candidates who are in political parties and individual candidates to be able to nominate themselves as regional heads.</p>Muhammad Ihza Yuris SetiawanLabib Muttaqin
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2025-07-032025-07-0341732742Legal Analysis of The Obligation to use E-Government in Village Fund Management: A Case Study of Ketaon Village, Banyudono District, Boyolali Regency
https://proceedings.ums.ac.id/icrtlaw/article/view/5781
<p>Various aspects of life have become easier thanks to advances in information technology, including managing village government. E-government allows village fund management to be clearer and more efficient. The purpose of this study was to see how ready the technology infrastructure and digital literacy of Ketaon Village are to implement e-government in managing village funds. The method used is the empirical legal method using a qualitative and descriptive approach, observation, interviews, and document studies. The results of the study show that Ketaon Village faces many challenges when implementing e-government, including limited internet access, outdated hardware, and low digital literacy among village officials and the community. E-government has great potential to increase village transparency and accountability, this can speed up the administration process and facilitate the supervision of village funds.</p>Dody Dwi KurniawanArief BudionoAbdul Azis ManurungTaufiq Hidayah
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2025-07-032025-07-0341743753The Role of Land Deed Officials in Preventing the Issuance of Duplicate Certificates (Case Study on Court Decision Number 02/PDT.G/2013/PN.ADL)
https://proceedings.ums.ac.id/icrtlaw/article/view/5782
<p>This study aims to analyze the role of the Land Deed Official (PPAT) in preventing the issuance of double certificates, with a case study on Court Decision Number 02/PDT.G/2013/PN.ADL. The background of this research is based on the high number of land disputes in Indonesia caused by the issuance of double certificates. Double certificates create legal uncertainty and can harm various parties. PPAT plays a strategic role in ensuring the validity of documents and the legality of each land transaction to avoid such issues. This research uses a normative juridical method with a descriptive-analytical approach. Data were obtained from literature studies involving relevant laws and regulations, such as Law Number 5 of 1960 concerning Basic Agrarian Principles and Government Regulation Number 24 of 1997 concerning Land Registration. In addition, court decisions were analyzed to understand the dynamics of PPAT's role in preventing double certificates. The results show that PPAT plays an important role in verifying documents, ensuring the validity of land ownership data, and preventing duplicate certificates through coordination with the National Land Agency (BPN). However, challenges such as limited access to remain accurate land data and weak internal supervision obstacles. It is necessary to improve PPAT's competence and strengthen the land administration system to minimize the risk of double certificate issuance in the future.</p>Zhona Washilatul KhasanahMutimatun Niami
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2025-07-032025-07-0341754765Effectiveness of Divorce Case Resolution through Mediation: Case Study at Boyolali Religious Court
https://proceedings.ums.ac.id/icrtlaw/article/view/3603
<p>Mediation is a process that the parties must go through during the process of resolving a divorce case before the parties proceed with the case to the trial table. The parties must go through this mediation stage first. So, in an effort to increase the success of mediation, the Supreme Court implemented Supreme Court Regulation no. 1 of 2016 which contains related Mediation Procedures in Court. The research method that the author uses is a quantitative research method. By using data sources consisting of primary data, secondary data in the form of primary, secondary and tertiary legal materials, the primary data used in this research is data obtained directly from the field. The aim of this research is to understand the effectiveness of mediation in resolving divorce cases, and as evaluation material it is necessary to find out what can be supporting and inhibiting factors for the success of mediation. The results of research at the Boyolali Religious Court that mediation in resolving divorce cases has been effective is proven by the success rate of mediation in resolving divorce cases increasing in 2022 and 2024. However, there are still many factors that hinder the success of mediation, such as the strong desire of the parties to divorce, besides that there are also supporting factors in the form of family support for the parties to reconcile. Mediation in Divorce Cases at the Boyolali Religious Court has succeeded in reducing the divorce rate by 39.35% in 2024.</p>Beta Amalia Nur FajrinDiana Setiawati
Copyright (c) 2025 Beta Amalia Nur Fajrin, Diana Setiawati
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2025-07-032025-07-0341777788Legal Analysis of Business Licensing by Umrah Pilgrimage Organizers as A Form of Legal Protection for Prospective Umrah Pilgrimages
https://proceedings.ums.ac.id/icrtlaw/article/view/5784
<p>Umrah is a series of worship activities that include tawaf, sa'i, and tahallul which are regulated by the guidelines of the Qur'an and Sunnah. This study analyzes legal protection for prospective Umrah pilgrims and licensing regulations for Umrah Pilgrimage Travel Organizers (PPIU) based on the Regulation of the Minister of Religion Number 5 of 2021 concerning Standards for Umrah Pilgrimage Travel Organization Business Activities and Special Hajj Pilgrimage Organizations (PMA No. 5 of 2021). PPIU must comply with regulatory standards including obtaining business permits, maintaining transparent financial practices, and providing legal protection for pilgrims to avoid fraud or illegal bureaus. The increasing cases of Umrah travel fraud require strengthening regulations so that pilgrims receive legal protection. This study uses a normative legal approach with a qualitative analysis method. The results of this study indicate that legal protection for Umrah pilgrims consists of preventive and repressive aspects. This regulation regulates the legal requirements for PPIU, monitoring mechanisms, and administrative sanctions. Preventive protection is realized through information transparency and supervision of PPIU, while repressive protection is provided through complaint mechanisms and dispute resolution. This study offers a specific analysis of the legal protection of prospective pilgrims based on the latest regulations, differentiating it from previous, more general studies. This regulation is expected to minimize the risk of fraud and increase the professionalism of Umrah travel organizers.</p>Anggun Estu AryaningsihNunik Nurhayati
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2025-07-032025-07-0341789806Legal Protection of Copyrighted Film Clips on The TikTok Platform
https://proceedings.ums.ac.id/icrtlaw/article/view/5783
<p>The advancement of digital technology has significantly impacted copyright protection, particularly on social media platforms such as TikTok. This study aims to examine the effects of copyright infringement involving film excerpts on TikTok and to explore potential solutions for protecting such copyrighted content. The research employs a normative legal approach with doctrinal study, focusing on the analysis of relevant laws and legal literature. The findings indicate that uploading film excerpts without permission on TikTok violates Article 9(1) of the Copyright Law, resulting in both material and immaterial losses for copyright holders, while also shaping consumer habits toward illegal content access. Furthermore, effective copyright protection can be achieved through stricter law enforcement, increased public awareness, and the development of more advanced content detection systems on TikTok, modeled after YouTube's Content ID system.</p>Arsya YulhandiArief BudionoSiska Diana SariAdetia Azmi TanjungDang Panagaman TambaNadia Bismi HafifahDhia Asy Syafa
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2025-07-032025-07-0341807826The Role of E-Voting in Promoting Participation and Transparency in Elections: A Case Study of The Jembrana Village Head Election
https://proceedings.ums.ac.id/icrtlaw/article/view/5778
<p>This study explores the role of electronic voting (e-voting) in strengthening voter participation and ensuring transparency in elections, with a specific focus on its implementation in the Village Head Election (Pilkades) in Jembrana Regency, Bali. The research adopts a normative juridical method with a statute approach. It offers a novel perspective by providing an empirical evaluation of the effectiveness of e-voting at the village election level, highlighting its potential applicability to broader electoral contexts. The findings reveal that the implementation of e-voting in Jembrana has successfully increased voter turnout and ensured a more transparent and accountable election process. In conclusion, e-voting serves as an effective solution to address the challenges of traditional voting systems and can be replicated in other regions to strengthen local democracy, with potential for future integration into larger-scale elections.</p>Zahwa Nabila Putri MaharaniLabib Muttaqin
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2025-07-032025-07-0341827834Legal Protection and Empowerment of Traditional Fishermen in Tasikagung Village, Rembang Regency
https://proceedings.ums.ac.id/icrtlaw/article/view/5775
<p>The purpose of this study was to analyse (1) legal protection and empowerment of the rights of traditional fishermen in Tasikagung Village based on Law No. 32 of 2014 and (2) obstacles in efforts to provide legal protection and empowerment for traditional fishermen in Tasikagung Village. The study utilizes normative legal methods, employing a legislative and conceptual approach, and draws support from relevant literature. The results of the study indicate that the protection and empowerment of traditional fishermen in Tasikagung Village are crucial. However, the implementation of Law No. 32 of 2014 encounters challenges, including weak law enforcement, overlapping regulations, and insufficient socialization. To address these challenges, an effective strategy is necessary, involving increased supervision, bureaucratic simplification, and improved access to capital and technology, along with collaboration among the government, fishermen's organizations, and the private sector.</p>Bayu Nito Ilham SatriaMuchamad Iksan
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2025-07-032025-07-0341835845A Comparative Analysis of Child Adoption without Court Decree and Child Adoption with Court Decree
https://proceedings.ums.ac.id/icrtlaw/article/view/5770
<p>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.</p>Namira Dinda PramestiNuria Siswi Enggarani
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2025-07-032025-07-0341846862A Legal Analysis of The Use of Physical Violence by The Police during The Investigation Process of Alleged Criminal Offenders
https://proceedings.ums.ac.id/icrtlaw/article/view/5724
<p>One of the most serious forms of violence occurring within the legal domain is the use of physical violence by police officers during investigations, particularly when a suspect has been identified as allegedly responsible for a criminal offense. Such violence is often justified by the absence of a confession deemed incompatible with the investigator’s expectations in uncovering the case. This study employs a normative juridical approach and uses descriptive research methods. Regarding criminal investigations, the police hold the authority to initiate and terminate the investigation process. Based on Article 1 point (2) of the Indonesian Criminal Procedure Code (KUHAP), the author holds the perspective that investigation is an activity carried out by investigators to identify suspects and to either revoke the suspect status or proceed to prosecution through observational and analytical methods. In the investigative process, legal protection for suspects who experience acts of violence by rogue investigators includes the right to legal assistance and the right to file a pretrial motion (as stipulated in Article 77 of the Criminal Procedure Code). In terms of law enforcement, the police have the authority to take pre-emptive, preventive, and repressive legal actions against investigators who commit acts of physical violence during the investigation process.</p>Raikhan Daffa LeksonoSyaifuddin Zuhdi
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2025-07-032025-07-0341863876Legal Protection for Citizens in Data Breach Cases based on Law Number 27 of 2022 on Personal Data Protection
https://proceedings.ums.ac.id/icrtlaw/article/view/5723
<p>Technological advancements bring both benefits and challenges, particularly in the realm of personal data protection. Data breaches present significant risks, such as threats to individual security and misuse of information. Despite the enforcement of Law No. 27 of 2022 concerning Personal Data Protection (PDP Law), incidents of data leakage continue to occur in Indonesia. This study aims to analyze the legal protections available to citizens in relation to data breaches, as provided under the PDP Law. Specifically, this research addresses: (1) the responsibilities of parties involved in personal data breaches that affect the rights of citizens, and (2) the forms of legal protection available for citizens' personal data. The research employs a normative legal method using a statutory approach and literature review, involving primary, secondary, and tertiary legal sources. The responsibility for data breaches lies with Personal Data Controllers and Personal Data Processors, as mandated by the PDP Law, which requires data protection, supervision, lawful processing, and sanctions for violators to ensure data security and integrity. The law provides both preventive and repressive protections, but this study finds weaknesses such as inadequate regulation of emerging technologies, ambiguous enforcement mechanisms, and limited oversight and complaint systems, all of which reflect gaps in the legal protection of individual rights.</p>Wahyu Indera WidastutiNunik Nurhayati
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2025-07-032025-07-0341877892The Legal Protection of Cinematographic Works in The Digital Era: A Case Study on Film Piracy via Unauthorized Streaming Platforms
https://proceedings.ums.ac.id/icrtlaw/article/view/5699
<p>In the digital age, the act of watching films through digital streaming platforms has emerged as a new distribution method for Indonesian filmmakers, who continue to evolve and thrive within the film industry. This study aims to examine the legal responsibilities associated with the rise of film piracy on illegal platforms and the measures taken to protect cinematic copyrights in such environments. This research employs a normative legal method, focusing on the internal aspects of positive law through a descriptive approach to provide an objective summary. The analysis is conducted qualitatively by examining secondary data sources, utilizing a literature review method relevant to the issues at hand. Law of the Republic of Indonesia Number 28 of 2014 concerning Copyright provides protection for intellectual property rights; however, this legal framework has not deterred individuals from engaging in film piracy. Although access to illegal streaming websites has been blocked, such platforms continue to proliferate in line with technological advancements. Both litigation and non-litigation measures have been implemented by the government to safeguard the rights of creators and to impose a deterrent effect on violators.</p>Nadita OktavionaDiana Setiawati
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2025-07-032025-07-0341893901A Legal Review of PayLater based on Law Number 4 of 2023 on The Development and Strengthening of The Financial Sector
https://proceedings.ums.ac.id/icrtlaw/article/view/5667
<p>Developments in the financial technology (FinTech) sector have given rise to various innovations in payment systems, one of which is the PayLater service which allows consumers to make purchases with payments that can be postponed. The aim of this research is to analyze legal regulations related to PayLater services based on Law Number 4 of 2023 concerning Development and Strengthening of the Financial Sector (UU P2SK) as well as legal protection efforts for consumers. With a normative legal research approach, and a type of descriptive research that uses secondary data. Primary legal materials in the form of the P2SK Law as the legal basis for PayLater services, which involves supervision by the Financial Services Authority (OJK), tertiary legal materials in the form of journals, books and other sources as reinforcement for primary legal materials. And finally, tertiary legal material in the form of a large Indonesian dictionary as a guide for writing this research. The results of this research are to find out the legal regulations related to Paylater based on Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector and secondly to find out consumer protection for Paylater users according to the regulations of Law Number 4 of 2023.</p>Selvi Novia SafitriDiana Setiawati
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2025-07-032025-07-0341902914Optimizing Licensing Supervision through Online Single Submission to Support Salted Fish Trading MSMEs
https://proceedings.ums.ac.id/icrtlaw/article/view/1240
<p>This study aims to explain the challenges in risk-based business licensing supervision for micro, small, and medium enterprises (MSMEs/UMKM) engaged in salted fish trading, as well as strategies to optimize such supervision. Employing a normative approach, the research analyzes relevant laws and regulations governing risk-based licensing for MSMEs. The findings indicate that the supervision of risk-based licensing for salted fish trader MSMEs is governed by Law No. 6 of 2023 and Government Regulation No. 5 of 2021, which streamline licensing through the Business Identification Number (NIB) via the Online Single Submission (OSS) system. However, several challenges persist, including limited understanding among business actors, insufficient human resources and technology (Articles 230 & 310 of PP No. 5/2021), and weak inter-stakeholder coordination (Articles 15 & 231 of PP No. 5/2021). Although local governments are mandated to provide assistance (Article 227 of PP No. 5/2021), the lack of outreach efforts hampers MSME compliance. Optimization strategies should involve cross-sectoral synergy, the utilization of technology, and enhanced education for business actors to ensure regulatory compliance, improve competitiveness, and foster sustainable business development.</p>Rohmatun UyunNunik Nurhayati
Copyright (c) 2025 Rohmatun Uyun, Nunik Nurhayati
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2025-07-032025-07-0341915927Considering The use of Artificial Intelligence in The Board of Directors: A Corporate Law Review
https://proceedings.ums.ac.id/icrtlaw/article/view/3708
<p>Director is one of the crucial organs in a Limited Liability Company. The Director has great trust in managing the company. Some companies have placed Artificial Intelligence on the board of directors. This is because Artificial Intelligence can make decisions efficiently and independently. This raises legal issues regarding whether Artificial Intelligence can become a board of directors or is there another alternative and how about the responsibility. The aim of this article is to contribute to the development of company law in the future which is related to Artificial Intelligence. The method of this research is normative juridical. This research also uses a conceptual approach. The data used to analyze is secondary data. This research has novelty compared to other similar studies because the approach used is corporate law, especially in relation to the principle of fiduciary duty and business judgment rules. The results show that Artificial Intelligence currently cannot be placed as a member of the board of directors. As an alternative, Artificial Intelligence can be used as a business advisor on the board of directors.</p>Yolanda Simbolon
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2025-07-032025-07-0341928938The Economic Impact of Internet Fraud in Nigeria: An Analysis of Cyber Law in The Digital Age
https://proceedings.ums.ac.id/icrtlaw/article/view/5997
<p>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.</p>Abubakar Muhammad Jibril
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2025-07-032025-07-0341939952