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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 99 Documents
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Consideration of Discerationary Actions by the Police in the Application of Restorative Justice to the Resolution of Domestic Violence Cases (Study at the Directorate of General Criminal Investigation of the Lampung Regional Police) Hapsari, Recca Ayu; Tresya, Nadira
Rechtsnormen: Journal of Law Vol. 2 No. 1 (2024)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i1.536

Abstract

Background. Domestic violence (hereinafter abbreviated as domestic violence) is one form of violence that occurs in people's lives. The violence is often also referred to as dosmetic violence because it occurs in the domestic sphere, the problem of domestic violence is one of the important things that became a serious concern by the Indonesian government in the reform era. Purpose. How is the consideration of discretionary actions by the Police in the application of restorative justice to the resolution of domestic violence cases and how are efforts to overcome domestic violence crimes carried out by the Police? Method. The approach used in this study is a normative juridical approach and an empirical juridical approach to obtain correct and objective research results. Results. Consideration of Discretionary Action by the Police in the Application of Restorative Justice to the Resolution of Domestic Violence Cases is through a restorative justice approach.  Efforts to overcome domestic violence crimes carried out by the police are carried out through several stages, namely pre-emptive, preventive, repressive containment efforts. Conclusion. Consideration of Discretionary Actions by the Police in the Application of Restorative Justice to the Resolution of Domestic Violence Cases is through a restorative justice approach in accordance with procedures to provide legal certainty for victims based on restorative justice requirements in solving domestic violence crimes and additional requirements based on the provisions of Article 3 and Article 5 of the National Police Regulation of the Republic of Indonesia Number 8 of 2021 concerning Restorative Justice Handling of Crimes.
Development of Positive Law in Indonesia Kurnia, M. Hafiz; Hakim, Lukmanul
Rechtsnormen: Journal of Law Vol. 2 No. 1 (2024)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i1.537

Abstract

Background. In the development of positive law today, especially after the reform in Indonesia, there are several laws that the author considers to have developed, especially in terms of child protection law, in addition to those that have existed previously in the Criminal Code and Criminal Procedure Code both material and formal. Purpose. The blurring of the form of the rule of law caused by the lack of strengthening of the legal system implemented by the Indonesian state is one of the reasons for the many reasons for the need to establish an Indonesian Legal System. Method. The transition to democracy as one of the triggers for changes in the national legal system inevitably demands changes to the national legal system in a better direction in an effort to establish a national legal system that is in accordance with the ideals of the Indonesian state. Results. The development of national legal systems should remain long-term oriented in their application. Thoughts about the development of national law in the future have certainly been thought of from an early age in order to set the direction of national law development. Conclusion. The development of Indonesian national law which is currently strongly influenced by external elements as much as possible to maintain material legal sources from Indonesian laws. The development of national law that emphasizes the spirit of Indonesia and the taste of Indonesia can only be done by consensus from all elements of the nation.
Implementation of Trademark Registration in Pekanbaru Yufrizal, Yufrizal; Syafrinaldi, Syafrinaldi; Thalib, Abdul; Susanti, Heni
Rechtsnormen: Journal of Law Vol. 2 No. 1 (2024)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i1.543

Abstract

Background. The use of Intellectual Property Rights, especially product brand registration for Micro, Small and Medium Enterprises, has not been running optimally in Indonesia, and especially in the city of Pekanbaru, due to the lack of understanding of home industry entrepreneurs about brands and registration procedures, lack of technical guidance and programmatic socialization from the Regional Government. Purpose. This study aims to analyze the low implementation of product trademark registration for Micro, Small and Medium Enterprises and to analyze the role of the local government of Pekanbaru city in the implementation of product trademark registration for Micro, Small and Medium Enterprises in improving trade business. Method. The approach used in this study is a normative juridical approach and an empirical juridical approach to obtain correct and objective research results. Results. Based on the results of the study, it is known that the implementation of product trademark registration for Micro, Small and Medium Enterprises in Pekanbaru city has not been running as expected, as evidenced in 2022, out of 25,074 trademarks circulating in the market, only 8 (eight) have implemented their trademark registration. Conclusion. Furthermore, it is known that the role of local government in the implementation of trademark registration for Micro, Small and Medium Enterprises in Pekanbaru city is not running as expected, because the local government of Pekanbaru city has not given maximum attention to Micro, Small and Medium Enterprises so that they do not develop and make updates in innovating in accordance with science and technology and community needs.
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 Concept of Syntactic Dependencies and Its Impact on Understanding the Meanings of the Holy Quran in Ibn Ashur's "Tahrir wa Tanwir" Commentary Zaatout, Hussein; Salam, Abdel
Rechtsnormen: Journal of Law Vol. 2 No. 1 (2024)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i1.575

Abstract

Background. Quranic exegetes have endeavored to find appropriate mechanisms that can help unravel the mysteries of Allah's book and interpret Quranic verses correctly. Method. Rarely do we find a scholar who has a unique approach that provides unprecedented creativity in their interpretations. One of these exceptional scholars is Imam Muhammad Al-Tahir bin Ashur, the author of the tafsir "Tahrir wa Tanwir". Results. In it, we find an unprecedented mechanism among rhetorical tools, known as the "Syntactic Dependency" mechanism. Through this mechanism, Ibn Ashur is able to derive new hidden meanings, elevating the status of his tafsir to a pioneering position among Islamic tafsir works. This study presents examples of the hidden meanings he unearthed by using the "Syntactic Dependency" mechanism. Conclusion. Hence, their books have diversified and multiplied as these mechanisms have evolved.
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.

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