cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Uswatun Hasanah
Contact Email
uswatun.hasanah@trunojoyo.ac.id
Phone
+6285331987888
Journal Mail Official
journal.rechtidee@trunojoyo.ac.id
Editorial Address
Faculty of Law, University of Trunojoyo Madura, Indonesia Jl. Raya Telang - Kamal, Bangkalan.
Location
Kab. bangkalan,
Jawa timur
INDONESIA
RechtIdee
Published by Universitas Trunojoyo Madura
ISSN : 19075790     EISSN : 2502762X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
RechtIdee is published twice a year in June and December containing articles result of thought and researchs in law. This journal encompasses original research articles, review articles, and short communications, including: Private Law Penal Law State and Administrative Law International Law Islamic Law Customary Law Law and Human Rights Criminology Victimology Business Law Intellectual Property Rights Law Environmental Law Labor Law E-Commerce Law Banking and Financial Institution Law Competition Law Bancruptcy Law Syariah Economic Law Procedural Law Any article related of law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
 1 
Search results for , issue "Vol 20, No 1 (2025): JUNE" : 10 Documents clear
Analysis of Sharia Maqashid on PKWT in the Job Creation Law Article 18 No. 35 of 2021 Putri, Rahmawati Aulia; Agung, Wahyu Dwi
RechtIdee Vol 20, No 1 (2025): JUNE
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v20i1.29628

Abstract

This study analyzes the Fixed-Time Work Agreement (PKWT) in the Job Creation Law Article 18 No. 35 of 2021 through the perspective of Maqashid Sharia, focusing on the principles of Hifdzul Mal (property protection) and Hifzun Nafs (life protection). Indonesia's labor regulations were significantly changed by the Job Creation Law, including the removal of restrictions on the field of work that can use the outsourcing system. This change provides flexibility for the business world, but also poses challenges in protecting workers' rights. From Hifdzul Mal's point of view, this policy can improve business efficiency and encourage investment. However, from Hifzun Nafs' perspective, job uncertainty due to PKWT's flexibility has the potential to reduce workers' welfare. This research uses a qualitative method with a sharia maqashid approach that examines laws and regulations related to PKWT and the outsourcing system in the Job Creation Law. The analysis was carried out by examining legal documents, Constitutional Court decisions, and Maqashid Syariah theory to assess the implications of regulations on the welfare of workers and the business world. This research emphasizes the importance of comprehensive follow-up regulations and effective supervision mechanisms so that labor reform in the Job Creation Law can run according to the principles of justice and welfare in Maqashid Sharia.
Legal Analysis of The Compensation Mechanism for Land Acquisition for Sutet Tower Construction by PLN n Cilincing District Ardian, Muhammad Fadhil
RechtIdee Vol 20, No 1 (2025): JUNE
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v20i1.29340

Abstract

This study aims to analyze the compensation mechanism in land acquisition for PLN's construction of the 500 kV SUTET tower in Cilincing District, North Jakarta. The research employs a normative legal approach with a case study method, focusing on the application of legal norms and principles in practical implementation. Findings indicate that, from a regulatory perspective, the compensation mechanism is governed by Law No. 2 of 2012 and its derivative regulations, which outline four key stages: planning, preparation, implementation, and final transfer. However, the compensation process for landowners often presents complex legal and social challenges, including land ownership disputes, disagreements over compensation valuation, and the consignment mechanism, which frequently leads to legal claims from affected communities. The study reveals that, despite the systematic regulatory framework for land acquisition, its implementation remains ineffective in fully ensuring justice, transparency, and legal certainty. Disputes over compensation values and limited public participation are key factors contributing to conflicts between PLN and landowners. Therefore, it is essential to optimize deliberation mechanisms, enhance transparency in compensation assessment, and provide legal assistance to affected communities to ensure their rights are fully protected in national strategic land acquisition projects.
Implementation and Issues of Land Procurement for Customary Rights in the Development of Plasma Oil Palm Plantations in Kampung Lama Pakis Pakobuk Nabima, Muhammad; Djaja, Benny
RechtIdee Vol 20, No 1 (2025): JUNE
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v20i1.30283

Abstract

The absence of a legal mechanism regarding the release of customary land for private interests has weakened legal protection for the rights of indigenous peoples. Furthermore, the land acquisition process is often carried out without implementing the principle of Free, Prior and Informed Consent (FPIC). This research is normative legal research with a qualitative approach, supported by a case study of the High Court Decision Number 175/PDT/2022/PT PRB. Data was obtained through literature review, legal analysis of related laws and regulations, and documentation of court decisions related to customary land disputes. The results of the study show that the implementation of land acquisition in Kampung Lama Pakis Pakobuk does not reflect agrarian justice. The imbalance in bargaining position between corporations and indigenous peoples, weak supervision of local governments, and minimal formal legal recognition of customary areas are the main problems identified. Therefore, it is necessary to reconstruct agrarian law that operationally accommodates customary rights in the national legal system. The government also needs to form a special institution to monitor and mediate land acquisition conflicts based on community participation, so that future customary land acquisition can be carried out fairly and sustainably.
Strengthening Consumer Protection Through Digitalization of Monitoring Results of Water Quality Standards for Swimming Pools, Solus Per Aqua, and Malls Saleh, Putu Samawati; Flambonita, Suci; Zakaria, Nashriana
RechtIdee Vol 20, No 1 (2025): JUNE
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v20i1.27260

Abstract

Quality standards for water health requirements for sanitation hygiene, swimming pools, solus per aqua (SPA), and malls monitor by the Public Health office. Still, the monitoring process has yet to publish. It has not provided legalization, such as labels or signs that consumers can recognize, even though information and legalization need as an effort to protect consumer rights, especially a guarantee of security and comfort when using or utilizing products from business actors. This article used an empirical study to describe the urgency of the publication and labeling of water quality standards for swimming pools, spas, and mall sanitation.  The data were by polling managers of five swimming pools, ten spas, five malls, and 100 consumers as respondents. The research results are described in a qualitative descriptive manner based on primary and secondary data through a statutory approach and a legal sociology approach by prioritizing the fulfillment of transparent consumer services. The addition of benefits resulting from the supervision of water quality standards on the website of the Public Health office is one solution to strengthen consumer protection and, at the same time, become evidence of enhancing the state's role as a supervisor.
The Influence Of Differences In Judges' Opinions On Legal Certainty In Deciding A Case Claudia, Jean; Firmansyah, Hery
RechtIdee Vol 20, No 1 (2025): JUNE
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v20i1.30285

Abstract

This study examines the influence of differences of opinion among judges on legal certainty in court decisions. In judicial practice, differences of opinion between judges often arise and have the potential to affect consistency and legal certainty, which are one of the main pillars of the legal system. The research method used is qualitative with a juridical-normative approach, utilizing analysis of relevant laws and legal literature. The results of the study indicate that differences of opinion among judges can cause legal uncertainty if not managed properly, thus impacting the credibility of the judicial institution and public trust in the judge's decision. Therefore, it is important to develop clear mechanisms and standards for handling differences of opinion among judges to maintain legal certainty in the judicial system. 
Film Licensing Agreement as an Object of Guarantee in Indonesia Pratama, Muhammad Ath-Thaariq; Abubakar, Lastuti; Handayani, Tri; Sugiharti, Dewi Kania
RechtIdee Vol 20, No 1 (2025): JUNE
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v20i1.28049

Abstract

Collateral is part of an agreement as a result of financial obligations and serves to provide confidence that the debtor will fulfil these financial obligations, where the guarantee is something that is submitted to the creditor by the debtor. The guarantee itself is divided into two, namely material security and personal guarantee. The license agreement itself is an agreement made by the license owner and the party who wants to use the license. One of the uses of a license agreement is in the film industry, where the Product House as a license owner can enter into a license agreement with the Video on Demand platform so that the film or series that has been made can be shown on the Video on Demand platform. Government Regulation No. 2022 on Creative Economy has opened up opportunities for license agreements as collateral objects. The license agreement as a collateral object itself is not an impossible thing, because other countries such as Iran and the United States have allowed license agreements as collateral objects. One of the Video on Demand platforms that uses license agreements in the screening of films on their platform is Netflix. Therefore, the Production House can make the license agreement made as an object of collateral.
Standard Clauses: Measuring Dilemmas in Theory Baso, Fatihani; Uke, La Ode Muhammad Iman Abdi Anantomo; Iswandi, Iswandi; Djaoe, Andi Novita Mudriani; Ramadhani, Alya
RechtIdee Vol 20, No 1 (2025): JUNE
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v20i1.29842

Abstract

The study aims to measure this dilemma through the theories of natural law, utilitarianism, and positivism. It employs a qualitative approach using library research and normative juridical analysis. Despite their role in enhancing transactional efficiency, standard clauses often obscure critical rights and responsibilities, particularly for consumers who lack the bargaining power or legal literacy to fully comprehend or negotiate contract terms. This condition is increasingly urgent in the context of digital transactions on e-commerce platforms, etc where standard clauses are not only more prevalent but also more opaque. Existing scholarship has yet to explore how consumer legal literacy—or the lack thereof—affects the understanding, acceptance, and contestation of standard clauses in the digital marketplace. This study fills that gap by integrating legal theory with a critical analysis of consumer awareness, offering a novel perspective on the intersection between legal formalism and substantive justice in contemporary consumer contracting. The results indicate that standard clauses are deemed unjust based on natural law theory due to their formulation often violating universal moral principles, which demand mutual agreement and fairness for all parties. According to utilitarian theory, standard clauses are beneficial if they serve all parties; however, since they mainly benefit business actors, the usefulness is limited and creates imbalance. Meanwhile, positivist theory considers standard clauses legally valid as long as they adhere to the pacta sunt servanda principle—once written and agreed upon, the contract is binding law for the parties. Although standard clauses promote business efficiency, the imbalance in bargaining power may disadvantage consumers, who must therefore critically assess their ability to accept or reject the contract.
Comparison of The Right to Be Forgotten Regulations in Indonesia and European Union Countries Kaendo, Karen Eklesia Gabriella; Adhari, Ade
RechtIdee Vol 20, No 1 (2025): JUNE
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v20i1.30287

Abstract

The development of digital technology has raised crucial issues related to personal data protection, one of which is related to the right to be forgotten. The European Union has strictly regulated this right through the General Data Protection Regulation (GDPR) since 2018, replacing the previous provisions in Directive 95/46/EC. The GDPR itself regulates the "Right to be Erased" or "Right to be Forgotten," which includes how to Request Erasure, Conditions for Erasure, Obligations of Data Controllers, and Exceptions regarding what matters do not apply to the Right to Erasure. In contrast, Indonesia has only just begun to accommodate this principle through changes to the Electronic Information and Transactions Law (UU ITE) of 2016 and the Personal Data Protection Law (UU PDP) of 2022, although it still faces various implementation challenges. This study aims to compare the legal regulations related to the right to be forgotten between Indonesia and the European Union in order to assess the effectiveness of the available legal protection, as well as encourage the preparation of more adaptive regulations in Indonesia. This study uses a normative legal approach, with a statute approach method that focuses on the study of laws and regulations. The results of the study show that the European Union has a more comprehensive and structured protection system through the GDPR, while Indonesia is still in the early stages of development with limitations in institutional and technical aspects, so it is necessary to strengthen the implementation and consider the application of a similar approach as in the European Union to guarantee the right to personal data effectively.
Protection of Land Ownership Rights in Cases of Unlawful Acts Najmi, Maulida Syahrin; Djajaputra, Gunawan
RechtIdee Vol 20, No 1 (2025): JUNE
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v20i1.30284

Abstract

Land issues, especially those related to the control of cultivated land, are still a complex legal issue in Indonesia. Cultivated land is land managed by another party without certainty of rights, and has not been explicitly regulated in the Basic Agrarian Law Number 5 of 1960. Unlawful acts as regulated in Article 1365 of the Civil Code are the legal basis for demanding compensation for illegal acts such as control of land without permission. Although the legal basis for protecting land rights has been regulated in the Civil Code and the 1945 Constitution, in practice, legal owners often face administrative, socio-cultural obstacles, and weak law enforcement. This study uses a literature study method with a qualitative approach to examine these issues and alternative dispute resolution through civil law, summons, mediation, and arbitration. The complexity of overlapping national law, customary law, and regional regulations exacerbates legal uncertainty so that land rights protection is less than optimal.
Legal Review of The Criminal Act of Murder of Women By Intimate Partners Based on The Provisions of The Act on PKDRT Chrishans, Raffael Moreno; Firmansyah, Hery
RechtIdee Vol 20, No 1 (2025): JUNE
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v20i1.30566

Abstract

The phenomenon of domestic violence that results in the death of women by intimate partners shows a gap in the legal protection that should be provided by the state. This study examines how Law Number 23 of 2004 concerning the Elimination of Domestic Violence (UU PKDRT) regulates and qualifies murder in domestic relations, and the extent of its effectiveness in implementation. The issues discussed include aspects of normative regulation and the application of law in the field. The methodology applied is normative legal research, using a legislative approach and a case approach. Data sources were obtained through literature studies from laws and regulations, court decisions, and relevant academic opinions, and analyzed qualitatively. The findings show that although the Law on PKDRT contains legal provisions regarding serious physical violence, including that which causes death, its implementation has not been optimal. The low understanding of law enforcement officers, the influence of patriarchal culture, and the lack of protection for victims are the main obstacles. Therefore, integration between the Criminal Code and the Law on PKDRT is needed, as well as increasing the competence of law enforcement officers so that victim protection becomes more effective and just.

Page 1 of 1 | Total Record : 10

 1 

Filter by Year

2025 2025


Reset
Filter By Issues
All Issue Vol 20, No 1 (2025): JUNE Vol 19, No 2 (2024): DECEMBER Vol 19, No 1 (2024): JUNE Vol 18, No 2 (2023): DECEMBER Vol 18, No 1 (2023): JUNE Vol 17, No 2 (2022): December Vol 17, No 1 (2022): June Vol 16, No 2 (2021): December Vol 16, No 1 (2021): JUNE Vol 15, No 2 (2020): Desember Vol 15, No 1 (2020): June Vol 14, No 2 (2019): December Vol 14, No 1 (2019): June Vol 13, No 2 (2018): December Vol 13, No 1 (2018): June Vol 12, No 2 (2017): December Vol 12, No 1 (2017): June Vol 11, No 2 (2016): December Vol 11, No 1 (2016): June Vol 10, No 2 (2015): December Vol 10, No 1 (2015): June Vol 9, No 2 (2014): December Vol 9, No 1 (2014): JUNE Vol 8, No 2 (2013): DECEMBER Vol 8, No 1 (2013): JUNE Vol 3, No 1 (2008) Vol 1, No 1 (2006) More Issue