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Rechtsnormen Journal of Law
Published by Yayasan Adra Karima Hubbi
ISSN : 29884454     EISSN : 29884462     DOI : 10.70177/rjl
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Rechtsnormen Journal of Law is a leading international journal focused on the global exchange of knowledge in Law as well as advancing research and practice across law disciplines. The journal provides a forum for articles reporting on original research, systematic and scholarly reviews focused on law from around the world. Rechtsnormen Journal of Law publishes national and international research in an attempt to present a reliable and respectable information source for the researchers.
Arjuna Subject : Umum - Umum
Articles 15 Documents
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Search results for , issue "Vol. 2 No. 2 (2024)" : 15 Documents clear
Political Review by Parliament to Government Regulations in Lieu of Laws that have Been Tested by the Constitutional Court Abadi, M. Husnu
Rechtsnormen: Journal of Law Vol. 2 No. 2 (2024)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i2.555

Abstract

Background. The principle of the rule of law is embraced by Indonesia, which declares itself as a state of law, the 1945 Constitution of the Republic of Indonesia authorizes the Constitutional Court to test laws against the basic law. Method. This study is a normative study, with the approach of legislation and several cases. The type of data used is secondary data, with descriptive qualitative analysis. Results. The results of the study state that the use of the authority to review Perpu by the Constitutional Court is a material change in the constitution, which can reduce or deprive the constitutional rights of the DPR in using political review, or can cause the Perpu to be determined by the DPR is not in accordance with the original, because it has been tested first by the Constitutional Court. Conclusion. However, when the Constitutional Court, as the interpreter of the Constitution, declared its authority to test the constitutionality of Perpu, controversy arose: The Constitutional Court has deviated from the Constitution, and on the contrary, the Constitutional Court has been correct in interpreting the Constitution even though it has increased its authority.
The Role of Legitimate Politics in Achieving Social Security (an Applied Study on Family Reform Bureaus in Jordan) Fandi, Abdel Salam Atwa Ali Al-; Seileek, Hamza Ahmed Mohammed Abu
Rechtsnormen: Journal of Law Vol. 2 No. 2 (2024)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i2.576

Abstract

Background. This study is organized with an introduction and three sections: The Nature of Legitimate Politics and Societal Security, consisting of two subsections, The Importance and Nature of Legitimate Politics, consisting of two subsections, An Applied Study of the Family Reform Bureau in Jordan, consisting of two subsections. Method. This research aims to explain the role of legitimate politics in achieving community security and apply it to the family reform bureau in Jordan. Results. Societal security is an essential need for the growth and sustainability of society, and legitimate politics is the means to achieve it. The family reform bureau performs several tasks, including: reviewing cases transferred from the courts, accepting cases directly brought to the bureau for guidance or resolution of existing disputes, seeking preventive knowledge and guidance. The family reform bureau plays a central and effective role in achieving public security and reducing the divorce rate in society. Conclusion. In addition, field research can also be used as a complement, namely interviews supported by primary data.
State Favoritism in Licensing Mining Services Business to Domestic Companies Budiana, Budiana
Rechtsnormen: Journal of Law Vol. 2 No. 2 (2024)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i2.613

Abstract

Background. We often hear about the involvement of foreign companies/investments in the energy and mineral mining business, discussions about foreign investment are always a conversation and the spotlight of various parties. Purpose. the purpose of this study is to measure the extent of the benefits obtained if the exploitation / exploitation of natural resources, especially mineral natural resource mining, is left to foreign investors, what reasons underlie the state to open opportunities for foreign investment to manage the wealth of Indonesian mining, energy and mineral products. Method. This research is a normative legal research using two approaches, namely conceptual approach, and statute approach. Results. The state is entrusted by all Indonesian people through the 45 Constitution to control all natural resources and be used to the greatest extent for the prosperity of the people. Conclusion. The regulation of this mandate must of course be based on legislation as a foothold for implementing the law so that the direction of natural resource management does not deviate from the basic norm, which is controlled by the state and for the prosperity of the people.  
Restorative Justice Model through the Imposition of Compensation Punishment as the Main Punishment in Crimes Against Property Yudhatama, Chandra Firmasyah; Pangestika, Elza Qorina
Rechtsnormen: Journal of Law Vol. 2 No. 2 (2024)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i2.712

Abstract

Background. Efforts to resolve cases of crimes against property that have been carried out by imposing imprisonment have turned out to be unable to recover the losses suffered by victims. Purpose. Through restorative justice approach, the judge should be given the option to impose compensation to the victim as a main punishment which has not been regulated either in the Criminal Code or Criminal Code Bill. Method. The research method used is normative juridical with the approach of legislation, concept, and comparison. Results. The result of this research discussion provides an alternative solution or law enforcement of crimes against property by proposing the imposition of compensation to the victim as the main punishment that must be imposed by the judge as a new mechanism in the Indonesian legal system. Conclusion. This concept is different from the application of restorative justice that has been applied in Indonesia or abroad which applies it at the level of investigation and prosecution.
Development and Urgency of Administrative Law Tools After the Enactment of Law No. 2 April 2020 During the COVID-19 Pandemic Harlinah, Sitti; Wulandari, Andi Sri Rezky
Rechtsnormen: Journal of Law Vol. 2 No. 2 (2024)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i2.713

Abstract

Background. The spread of the new coronavirus has affected the world, including Indonesia, for more than a year. Purpose. The purpose is to determine the position of administrative legal instruments in the formation of public policy, as well as analyze developments and the urgency of administrative law as an alternative to government policy during the Covid-19 pandemic. Method. The type of survey used in this survey is Prescriptive Legal namely with legal approach. The nature of the research used in this writing is descriptive analytical, which is qualitatively analyzed to answer the legal issues be faced. Legal materials used are primary, secondary, tertiary legal materials. The research method used in this research is the normative legal method. Results. The results of this study are expected to be a reference for future analytical research and legal design, especially legal design related to the application of administrative law. The research method used in this research is the normative legal method. The type of research used in this text is descriptive and analytical. Conclusion. Conclusion is the instruments of administrative law in the formation of public policy develop dynamically over time along with the needs of the state and citizens.
The Role of Local Wisdom in Environmental Management for the Realization of Community Rights in the Kajang Community (Literature Study) Habiba, Habiba; Wulandari, Andi Sri Rezky
Rechtsnormen: Journal of Law Vol. 2 No. 2 (2024)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i2.721

Abstract

Background. Basically, legislation is needed to organize and restore order to our environment in order to prevent further environmental damage. The Law on Environmental Protection and Management Number 32 of 2009 (UUPLH) was born. However, the fact is that the environmental management law has not fully functioned because environmental damage in Indonesia is still so severe. For this reason, elements and values of local wisdom are needed, especially in the forestry sector. Purpose. The purpose of this study is to determine and analyze the role of local wisdom of the Kajang indigenous people in environmental management in the forestry sector in realizing community rights. Method. The research is normative with library research with statute approach and history approach. Results. The research results and conclusions are the role of local wisdom of the Kajang indigenous people in environmental management in the forestry sector in realizing community rights is a very important role in maintaining the environment and culture and customs of the Kajang indigenous people characterized by (1) The Kajang indigenous people consider the forest a pride that needs to be protected and preserved. Conclusion. This makes the Kajang customary area one of the most preserved areas; (2) interestingly, the Kajang indigenous people are very environmentally conscious.
Comparative Analysis of the Use of Customary Law in Land Dispute Resolution: Case Study Approach Judijanto, Loso; Utama, Andrew Shandy; Sahib, Abdul; Sumarna, M. Ibnu; Zulfikar, Muh. Reza
Rechtsnormen: Journal of Law Vol. 2 No. 2 (2024)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i2.796

Abstract

Background. Background Customary law is a legal system that has existed since ancient times in many communities in Indonesia. However, with modernization and globalization, the use of customary law in land dispute resolution is often overlooked or defeated by positive law. Therefore, it is important to conduct a comparative analysis of the use of customary law in land dispute resolution to understand its relevance in the context of modern law. Purpose. The purpose of this study is to investigate the comparative use of customary law and positive law in land dispute resolution. The specific objective is to evaluate the effectiveness, fairness and sustainability of each approach in resolving land conflicts. Method. The research method used is a case study approach. Case studies were conducted on several cases of land dispute resolution in various regions in Indonesia involving the use of customary law and positive law.   Results. The results show that the use of customary law in land dispute resolution often provides solutions that are more in line with local needs and traditional values of the community. However, positive law also has an important role in providing legal certainty and protection of individual rights. Conclusion. Based on the results of the comparative analysis, it is concluded that both approaches have their own advantages and disadvantages. Therefore, the integration between customary law and positive law can be a more optimal solution in resolving land disputes in Indonesia, by taking into account the local context and individual rights in a balanced manner.  
The Influence of Socio-Economic Factors in Compensation Assessment: Case Study in District Court Suprayitno, Degdo; Safkaur, Terianus L.; Yumame, Jackson; Sapioper, Hiskia C. M; Sriyono, Sriyono
Rechtsnormen: Journal of Law Vol. 2 No. 2 (2024)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i2.797

Abstract

Background on the influence of socioeconomic factors in the assessment of damages is important as legal systems in many countries, including Indonesia, often consider various factors when determining the amount of fair compensation for victims in civil cases. Socioeconomic factors such as income, social status and employment can affect a person's ability to obtain adequate compensation after suffering a loss. This research aims to study how district courts use socioeconomic factors to make decisions on the assessment of damages. This involves finding and understanding what components are most influential in the decision-making process. The quantitative method involved in-depth interviews and data collection. It also involved obtaining information from judges, lawyers, and other relevant parties to learn more about the socio-economic components that influence the assessment of punitive damages. This research may find that socio-economic components such as income, occupation or social status have a significant influence on the assessment of damages by the district court. For example, although the losses suffered may be the same, victims with low incomes are likely to receive lower damages than victims with high incomes. This research leads to the conclusion that action is needed to improve fairness in the assessment of damages in the district courts. This can be achieved by raising awareness of the impact of socio-economic factors and ensuring that all parties under the law receive fair treatment.
Examining the Paradigmatic Shift in Legal Policies Concerning Land Redistribution as an Imperative Obligation Imposed on Plantation Companies for the Advancement of Community Plantation Enterprises Simorangkir, Tarbarita; Chaidir, Ellydar; S, Thamrin
Rechtsnormen: Journal of Law Vol. 2 No. 2 (2024)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i2.816

Abstract

Background. The existence of Article 28 of Law Number 11 of 2020 in conjunction with Government Regulation in Lieu of Law Number 2 of 2022 and Law Number 6 of 2023 Paragraph 3 on Job Creation, Government Regulation Number 26 of 2021 on the Implementation of the Agricultural Sector. Purpose. Minister of Agriculture Regulation Number 18 of 2021 on the Facilitation of Community Plantation Development, Minister of Agrarian and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Regulation Number 18 of 2021 on the Procedures for Determining Management Rights and Land Rights, and Circular Letter of the Minister of Agrarian and Spatial Planning/Head of the National Land Agency Number 11/Se-Hk.02.02/Viii/2020. Method. the Implementation of Company Obligations in Facilitating Community Plantation Development collectively render the imperative of land redistribution for community plantations, constituting 20% of the aggregate land entitlements vested in plantation enterprises, not as an enforceable obligation but rather as an elective premise, wherein the ethos of facilitating community plantation development is underscored. This scholarly inquiry adopts a Normative Juridical methodology, employing both legislative scrutiny and a case study approach. Results. The findings assert, that the extant regulatory framework concerning land redistribution, as a commitment levied upon plantation entities for fostering community plantation initiatives, presently lacks parity, given that the apportionment of 20% (twenty percent) of land expanses granted under Business Use Rights or from the territories delineated in Plantation Conclusion. Business Licenses or Cultivation Business Licenses, earmarked for community beneficiaries, no longer carries the hallmark of an obligatory tenet but is relegated to the sphere of discretionary choice within the ambit of community plantation development facilitation programs.
Review of the Implementation of the Criminal Justice Process in Sexual Violence Cases: Case Studies in District Courts Mulyana, Yusep; Rosmini, Sitti; Cindrapole, Andi Cakra; Zuraidah, Zuraidah; Lestahulu, Ridwan Fauzy
Rechtsnormen: Journal of Law Vol. 2 No. 2 (2024)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i2.840

Abstract

Background. The background research on the review of the criminal justice process in cases of sexual violence is highly relevant as these cases often cause controversy and concern in society. These cases not only damage individuals physically and psychologically, but also make people distrust the justice system. It is imperative to evaluate how the criminal justice process is carried out in dealing with sexual violence cases in the District Court, where such cases are processed. Purpose. This study aims to evaluate the effectiveness and efficiency of the criminal justice process in cases of sexual violence in the District Court. This case study also identifies key stages in handling sexual violence cases, from investigation to final decision. An additional objective of this study was to discover obstacles that may be encountered in the implementation of the criminal justice process. Method. Qualitative field research is used. Data will be collected through direct observation of the criminal justice process in sexual violence cases at the District Court, interviews with judges, prosecutors, lawyers, and other parties related to the case, and analysis of documents relating to sexual violence cases that have been processed. Results. The research shows that despite efforts to improve the criminal justice process in sexual violence cases at the District Court, there are several issues that need to be addressed. The results showed that some cases were delayed, there was a lack of support for victims, and sometimes disagreements between the law enforcement agencies involved. However, it was also found that positive progress has been made to improve the efficiency and effectiveness of the criminal justice process in sexual violence cases. Conclusion. This research found that, although there are obstacles and barriers in carrying out the criminal justice process in sexual violence cases in the District Court, there is still room for improvement and reform. To ensure justice for all parties involved in sexual violence cases, better collaboration between relevant institutions, better support for victims, and strengthening of legal procedures are needed.

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