Articles
<![CDATA[The Existence of Islamic Norms in the Indonesia Constitutional Court Decisions No.22/PUU-XV/2017 ]]>
<![CDATA[Lindi Rohma Octavia]]>;
<![CDATA[Rifqi Ridlo Phahlevy]]>
<![CDATA[ Rechtsidee Vol 7 (2020): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/jihr.2020.7.720
<![CDATA[This study discusses the existence of Islamic norms in the Constitutional Court decisions. This study uses a case approach by examining the Constitutional Court decision no. 22 / PUU-XV / 2017. Data obtained from primary, secondary and tertiary data relating to legal issues in this paper. The main problem in this research is the consideration and decision of the Constitutional Court on the case decision No. 22 / PUU-XV / 2017 concerning marriage which is quite highlighted by the Indonesian people. What was tested in the a quo decision was article 7 paragraph (1) of Law No. 1 of 1974 concerning Marriage with article 27 paragraph (1) of the 1945 Constitution as a touchstone. In the a quo decision the petitioners argued that article 7 paragraph (1) was an article that was discriminatory for women. On the a quo decision, the panel of judges granted part of the petition's petition. the legal consequence of the Constitutional Court decision No. 22 / PUU-XV / 2017 is the emergence of Law No. 16 of 2019, amendments to Law No. 1 of 1974 concerning marriage]]>
<![CDATA[The Concept of Village Autonomy in Indonesia (Indonesian Constitution Perspective) ]]>
<![CDATA[Rifqi Ridlo Phahlevy]]>
<![CDATA[ Rechtsidee Vol 3 No 1 (2016): June ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/jihr.v3i1.151
<![CDATA[Indonesia was introduced to the term, “village autonomy” in 1970s; however, throughout the past years of establishing autonomous villages in Indonesia, the legislators have not been able to provide any clarity about this concept. Villages, as a legal entity, do not have enough independence to represent themselves as an autonomous unit of community in the state administration system of Indonesia. Article 18B and 28I of the second amendment of The 1945 Constitution of The State of Republic of Indonesia (UUD 45) state that the villages can have independent governments, by giving the alternative of village autonomy. Implementation the Law No. 6 Year 2014 is a part of the effort to realize the message of constitution and hence conception of autonomous villages is expected to be the catalyst for this concept. The presence of this law had a considerable impact on the 2014 presidential elections. Because of this people are concerned that political interests may try to drive and turning the direction and purpose of the law. This study is a part of the research on the implementation of village autonomy policies in Indonesia, and is compiled by using statute and conceptual approach.]]>
<![CDATA[The Importance of Employment Contract for Umsida Quality Employees Improvement ]]>
<![CDATA[Noor Fatimah Mediawati]]>;
<![CDATA[Rifqi Ridlo Phahlevy]]>
<![CDATA[ Rechtsidee Vol 2 No 2 (2015): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/jihr.v2i2.106
<![CDATA[The absence of employment contracts in UMSIDA recognized cause some problems. Especially in improving the performance of employees. Issues a little more disturbing harmonious labor relations between employees and UMSIDA. In the terminology of the Labour Act, employment contract terms it is known as the Employment Agreement. Where the existence of labor agreement / contract employment is expected to harmonize the working relationship with the employer in accordance with the applicable rules. The existence of employment contracts is also a legal instrument which according to researchers ought to be put forward in efforts to increase the qualifications and competence of employees. By contract it will also avoid things that are not desirable in an employment relationship, because each party will always carry out their rights and responsibilities are aligned and balanced. Tranquility in the work and the guarantee of legal protection are expected to improve employee performance especially towards quality UMSIDA 2020. So this study explored further the urgency employment contract once its design. How To Cite: Mediawati, N., & Phahlevy, R. (2015). The Importance of Employment Contract for Umsida Quality Employees Improvement. Rechtsidee, 2(2), 141-156. doi:http://dx.doi.org/10.21070/jihr.v2i2.106]]>
<![CDATA[Labour Rights Protection of Foreign Workers After Enactment of Law Number 6 of 2012 in Sidoarjo Regency ]]>
<![CDATA[Rifqi Ridlo Phahlevy]]>;
<![CDATA[Mochammad Tanzil Multazam]]>;
<![CDATA[Noor Fatimah Mediawati]]>
<![CDATA[ Rechtsidee Vol 2 No 1 (2015): June ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/jihr.v2i1.3
<![CDATA[Enactment of Law No. 6 of 2012 on the Ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, is a manifestation of the government's efforts in human rights, and also the Indonesian government protection measures against the presence of migrant workers in overseas. However, with the passing of this Law, the Government also has an obligation to protect the Foreign Workers who are in Indonesia, to protect their rights as contained in the convention. Sidoarjo Regency is one of the districts with a population of Foreign Workers pretty much in East Java, so Sidoarjo considered to represent ideal conditions most of the local government in Indonesia in terms of a form of protection against TKA after the enactment of Law No. 6 of 2012. This normative law research was supported by primary data sourced from the Social Service Workers at Sidoarjo Regency. Based on research that has been done, founded the lack of regulations Sidoarjo district that specifically regulates the protection of the rights of foreign workers.]]>
<![CDATA[Aceh Shariah Court in The Unitary State of the Republic of Indonesia and Human Rights Context ]]>
<![CDATA[Rifqi Ridlo Phahlevy]]>
<![CDATA[ Rechtsidee Vol 1 No 1 (2014): June ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/jihr.v1i1.103
<![CDATA[Birth of Special Region Nanggroe Aceh Darussalam based on Law No. 18/2001 on Special Autonomy for Aceh as Nanggroe Aceh Darussalam that changed through Law No. 11 of 2006 on the Governing of Aceh is an attempt to realize a democratic government and prosperous (welfare state). The implication of the birth of NAD is the application of Islamic law as a tool of law and governance NAD, which also puts the Shariah Court as the main pillar of Islamic sharia enforcement in NAD. The existence of the Shariah Court as an instrument of law enforcement in NAD institutionally and functionally problematic. The first, related to the position of the Shariah Court that institutionally a part of the religious court, but has a broader scope of authority. Second, related to aspects of Islamic sharia holding capacity is possible to be imposed on non-Muslims, were both these problems can ultimately hurt the Unitary Republic of Indonesia principles and protection of human rights. How To Cite: Phahlevy, R. (2014). Aceh Shariah Court in The Unitary State of the Republic of Indonesia and Human Rights Context. Rechtsidee, 1(1), 71-84. doi:http://dx.doi.org/10.21070/jihr.v1i1.103]]>
<![CDATA[PERGESERAN KEBIJAKAN TATA PEMERINTAHAN DESA DI KABUPATEN SIDOARJO PASCA UU NOMOR 6 TAHUN 2014 ]]>
<![CDATA[Rifqi Ridlo Phahlevy]]>
<![CDATA[ Kosmik Hukum Vol 16, No 1 (2016) ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Purwokerto ]]>
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DOI: 10.30595/kosmikhukum.v16i1.1274
<![CDATA[Perubahan kebijakan tata pemerintahan desa dengan lahirnya UU No. 6 Tahun 2014 seharusnya diikuti dengan perubahan kebijakan di tingkat Pemerintahan Daerah, dan perubahan tata kelola Pemerintahan di tingkat Desa. Tulisan ini hendak menelaah tentang realitas pergeseran kebijakan yang terjadi di tingkat Pemerintahan Daerah, khususnya di lingkup Pemerintahan Kabupaten Sidoarjo. Adapun tujuan dari kajian ini adalah untuk memberikan gambaran yang utuh terkait dengan pergeseran kebijakan dan implementasinya bagi tata pemerintahan desa di lingkungan Pemerintahan Daerah Sidoarjo. Kajian ini menggunakan metode sosio legal, yang mengombinasikan pendekatan doktrinal dengan pendekatan ilmu sosial, dan analisis bahan hukum dengan pendekatan deduktif-induktif. Penelitian atas sepuluh desa yang dipilih secara tertuju, memperlihatkan adanya anomali antara keselarasan normatif dengan keselarasan substantif antara produk kebijakan di Pemda Sidoarjo dengan Peraturan perundang-undangan yang ada. Anomali tersebut kemudian berimplikasi pada implementasi kebijakan di tingkat Pemerintahan Desa. Kata kunci: Regulasi daerah, implementasi kebijakan, otonomi desa]]>
<![CDATA[Legal validity of Grace Period Renewal of Labour Agreement in Indonesia: an Example from PT. X in Sidoarjo ]]>
<![CDATA[Muhammad Ary Taufik]]>;
<![CDATA[Noor Fatimah Mediawati]]>;
<![CDATA[Rifqi RIdlo Phahlevy]]>;
<![CDATA[Mochammad Tanzil Multazam]]>
<![CDATA[ Indonesian Journal of Law and Economics Review Vol 2 No 2 (2019): February ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/ijler.2019.V2.33
<![CDATA[The employment agreement in certain time PKWT it has frequenly used by employers or companies, because it’s efficiently to carry on the company’s oparetions and can be uses to minimizing the outlay of company. In PT. X sidoarjo also uses a PKWT to their workers, but their agremeents still not appropriate with employes law. As we know that the validity of a work agreement must be contains of element and terms. So, according to the result bellow this study are used “socio legal” method. It’s means based on the facts in a field as an empirical social phenomenon. The employment agreement has valid when the signing of the employment agreement, but the agreement will be invalid when violating the rules governing. If a certain time work agreement PKWT is made unconstitutional thena certain time work agreement PKWT becomes an uncertain time work agreement PKWTT. The company will be subject to criminal sanctions if the work contract is not in accordance with the laws and regulation. This study has benefits for autors in the development of legal sciene and has benefits for the labor service, trade unions and the public who need information related to employment.]]>
<![CDATA[PERGESERAN KONSEP NARKOTIKA DALAM SISTEM HUKUM INDONESIA ]]>
<![CDATA[Rifqi Ridlo Phahlevy]]>;
<![CDATA[Maghfiroh .]]>
<![CDATA[ Res Judicata Vol 2, No 2 (2019) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Muhammadiyah Pontianak ]]>
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DOI: 10.29406/rj.v2i2.1551
<![CDATA[The regulation of narcotics in Indonesia began in the New Order era with the enactment of Law No. 22/1997 concerning Narcotics. However, in the reform era, there were revisions to the narcotics law with the enactment of the new narcotics law, which was Law No. 35/2009 concerning narcotics. This study applies a normative method based on the statutory approach and conceptual approach. This study aims to understand the shift in the concept of narcotics in Indonesia after the enactment of law 35/2009 and the concept of narcotics in Islamic law. After the enactment of law No. 35/2009 concerning narcotics, there was a shift in the concept of narcotics, which are substantial and essential in the form of changes and additions to the law No 35/2009 concerning narcotics. The amendment is related to several definitions that exist in the narcotics law, along with the addition of existing definitions in general provisions such as the definition of narcotics precursors and the definition of narcotics abuse. The concept of narcotics in Indonesia has an essential closeness to the concept of narcotics in Islamic law because narcotics and chemistry have similarities in terms of illat (legal reasons).Keywords: Narcotics, Shariah Perspectives, Shifting concepts.]]>
<![CDATA[Eligibility of Village Head Elections in the Midst of the Covid-19 Pandemic in the Perspective of Human Rights in Sidoarjo Regency ]]>
<![CDATA[Iqbal Purwo Nugroho]]>;
<![CDATA[Rifqi Ridlo Phahlevy]]>
<![CDATA[ Indonesian Journal of Cultural and Community Development Vol 13 (2022): September ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/ijccd.v13i0.804
<![CDATA[The Village Head Election is a form of village-level democracy, the Village Head Election in 2020 is very important to note its implementation by implementing the Health protocol. In particular, the village head election in Sidoarjo which was held in the midst of the Covid 19 Pandemic this year was not only an implementation of political rights, but also included the community's right to life which was threatened. The purpose of this study is to analyze the implementation of the Pilkades during the COVID-19 pandemic in villages in the Sidoarjo district from the perspective of Human Rights and also to analyze the pattern of implementation of the Pilkades during the pandemic in Sidoarjo district villages according to human rights. This type of research is sociological juridical, where this research serves to see the law in a real sense and also to see how the law works in society. From the results of the study, it was found that from the four samples of villages that had implemented health protocols in the Pilkades on December 20, 2020, so that the application of a health protocol that guaranteed political rights and the right to life simultaneously could be used as a pattern for implementing the Pilkades in the perspective of human rights in the future which would not only be applied to the Pilkades. but also in the E Voting Pilkades.]]>
<![CDATA[Implementation of the Distribution of Social Assistance to Communities Affected by Covid-19 in Village Based on the Minister of Social Affairs Regulation Number 20 of 2019 concerning the Distribution of Non-Cash Food Aid ]]>
<![CDATA[Ira Sanjaya]]>;
<![CDATA[Rifqi Ridlo Phahlevy]]>
<![CDATA[ Indonesian Journal of Cultural and Community Development Vol 14 No 1 (2023): March ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/ijccd.v14i1.861
<![CDATA[That is Peremensos 20 of 2019 concerning B.P.N.T which was launched by the government to deal with poverty. This programs is a substitut for the poor rice proyect which aim to increase food securiti & support balance nutrision for K.P.M, increase the level of targeting accurate and the time of reciving food assistance for recipient families. Ketimang, Kec. Wonoayu is one of the villages that has implemented the latest governmen projec, name is Non-Cash Food Aid. the purpose of writing this scientific paper is to see the implementation and description of how the implementation of the Non-Cash Food Aid distribution progrms in Ketimang during the Covid pandemic. The method chosen by the author is descriptive qualitatife. Data collection techniques through question and answer & field observations. Data analysis techniq, data presentattion & draw conclusions. The results of the study illustrate that implementasion of the social assist project in Ketimang country has been in acordance with the technical guidelines for the 2021 B.PN.T progrm. Although in the distribusion process there is still some problems, such as the lack of socializattion to the communitty, especialy the original KPM. Howeer, this has a good impact and benefit for the wellfare of the communiti, specially KPM.]]>
