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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 202 Documents
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Judge's Consideration of the Surakarta District Court's Divorce Verstek Decision Number 67/Pdt.G/2023/PN Skt Shabrina, Kania Putri; Setiawati, Diana
RechtIdee Vol 19, No 1 (2024): JUNE
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v19i1.25248

Abstract

Marriage is a physical and spiritual bond between prospective male and female partners so that they can live together according to God's will. However, in reality, many couples cannot maintain a domestic relationship due to several reasons that make them divorce using legal channels. This research aims to analyze the judge's decision in determining the verstek decision in a divorce case in the decision case study: Surakarta District Court Number 67/Pdt.G/2023/PN Skt. The research method used uses a normative juridical method, carried out indirectly based on legal materials and several references related to this research. This research uses a library research method by searching for data through books, journal articles, scientific works and websites. The results of this study indicate that The marriage between the plaintiff and the defendant is declared dissolved in accordance with Article 35 of the Marriage Law, and a default judgment in divorce cases can affect various aspects, including marital status, alimony obligations, and the burden of proof in the case. The judge's decision reflects attention to the principles of justice and applicable legal norms.
Criminal Justice System for Children Perpetrators of Murder Between Indonesia and Malaysia Ridwansyah, Naufal Nabiil; Harefa, Beniharmoni
RechtIdee Vol 19, No 2 (2024): DECEMBER
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v19i2.28223

Abstract

This study examines the comparative juvenile justice systems for child offenders of murder between Indonesia and Malaysia. The background of the research stems from the rising cases of children in conflict with the law due to serious crimes such as murder. Both countries adopt different legal approaches: Indonesia applies restorative justice through Law No. 11 of 2012 on the Juvenile Criminal Justice System, while Malaysia relies on the Child Act 2001 influenced by the Doli Incapax doctrine. This research uses a normative juridical method with a comparative approach to analyze the similarities and differences in both legal systems. The findings indicate that Indonesia emphasizes child rehabilitation through diversion mechanisms, whereas Malaysia adopts a more formal approach emphasizing court decisions. The study recommends policy improvements in both countries to enhance the protection of child offenders' rights.
Dissecting the Position of Living Law in the Criminal Code 2023 Andini, Orin Gusta
RechtIdee Vol 19, No 2 (2024): DECEMBER
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v19i2.27640

Abstract

This study analyzes the position of living law in the 2023 Criminal Code. Through normative research methods using a legislative approach and a conceptual approach, this article finds: First, the position of living law in the 2023 Criminal Code is narrowed down to only referring to customary law as regulated in the explanation of Article 2. Second, the regulation of customary law is a recognition of sanctions for fulfilling customary obligations that will be used by judges as guidelines for sentencing. Third, the living law sanction in the 2023 Criminal Code is a type of additional criminal sanction in the form of fulfilling local customary obligations. Violations of the provisions of living law are subject to principal criminal sanctions and additional criminal sanctions if the act has been regulated by the 2023 Criminal Code. The regulation of additional criminal sanctions in the form of customary obligations aims to accommodate the types of customary law sanctions. In addition, there is a substitution mechanism for perpetrators who cannot fulfill customary obligations, in the form of substitution of compensation whose value is equivalent to a category II fine to a supervision sentence or social work sentence.
The Influence of the Decision of the Honorary Council of Election Organizer on the Process of Selecting President and Vice President Candidates Hidayat Romadhoni, Muhammad Hendi; Lisa, Rima April; Aviansyah, Dhifa Rifky; Aziz, Warit
RechtIdee Vol 19, No 2 (2024): DECEMBER
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v19i2.27824

Abstract

The main component of the main pillar of every democratic system is the existence of a mechanism for regularly channeling people's opinions using general elections which are held periodically. Code of Ethics is necessary to regulate the behavior and principles that must be followed by election participants. The Election Organizer Honorary Council has the function of examining alleged violations of the election organizer code of ethics, which regulated in DKPP Regulation Number 2 of 2017. This research used a normative method, that is to find legal rules, legal principles, and legal doctrines in order to answer the legal issues being faced. The approach used in this research uses a case and conceptual approach that is Case Approach. In DKPP Decision Number 135-PKE-DKPP/XII/2023, Number 136-PKE-DKPP/XII/2023, Number 137-PKE-DKPP/XII/2023, and Number 141-PKE-DKPP/XII/2023, DKPP decided to granted the complainants' complaints in part. In this decision, the Chairman of the KPU and 6 (six) KPU members were given strict warning sanctions starting from the time the sanctions were read out and ordered Bawaslu to supervise the implementation of the decision from the DKPP.
Existence of The Land Bank Agency in The Context of Investment Development in Indonesia Raudhah, Putri; Kurniati, Nia
RechtIdee Vol 19, No 2 (2024): DECEMBER
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v19i2.24981

Abstract

Land is an important component in the business world, so in its development it "forces" Indonesia to become an investment-friendly country. To achieve this, Indonesia created the Job Creation Law and formed the Land Bank to collect, manage and distribute land in Indonesia. However, there are pros and cons related to the substance contained in the Job Creation Law, such as seeming to revive the domain verklaring, the alleged bias of the Government regarding the granting of permits to business entities and/or investors, overlapping authority and misinterpretation of the public regarding the main duties and functions of the Land Bank which is considered a new forum for corruption,  collusion and nepotism (CCN) because, in the same sector, there is already the Ministry of ATR/BPN which also regulates the land sector in Indonesia, so that clear restrictions are needed between institutions, therefore this systematic review is a bridge for the Government, investors and the public to realize legal certainty.
Looking at the Abolition of the State Civil Apparatus Commission After the Revision of the State Civil Apparatus Law from the Perspective of Fiqh Siyasah Makiin, Inda Dzil Arsyi; Karini, Eti; Alamsyah, Mirah Satria
RechtIdee Vol 19, No 2 (2024): DECEMBER
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v19i2.27841

Abstract

Law No. 1 of 2014 concerning ASN (State Civil Appratus) regulates the establishment of an independent institution called the State Civil Apparatus Commission (SCAC). SCAC has the authority, duties, and functions to oversee the merit system in ASN management. However, on October 31, 2023, there was a revision of the ASN Law into Law No. 2023. The revision of the ASN Law abolishes the existence of SCAC and transfers its authority, duties, and functions to other ministries/agencies. This research aims to examine the importance of the ASN supervisory agency and to understand the supervision system as well as the impact of the transfer of its authority, duties, and functions. Additionally, this research aims to examine the abolition of SCAC from the perspective of fiqh siyasah. This research is a normative legal study that uses secondary data in the form of primary legal materials and secondary legal materials. The research found that monitoring the merit system is very important, as it can affect Indonesia's ranking in the Government Effectiveness Index (GEI), helping Indonesia move from the lower-middle-income category to the upper-middle/high-income category. The research found that the authority, duties, and functions of SCAC were subsequently transferred to BKN. The supervision system remains the same, but there is an innovation regarding the digitalization of handling neutrality cases in elections. Moreover, the abolition of SCAC through the Revision of the ASN Law had very minimal participation from parties knowledgeable about strengthening SCAC. The lack of participation does not align with the deliberative principle found in the principles of fiqh siyasah.
Termination of Prosecution Based on Restorative Justice as an Expansion of the Meaning of Case Waiver Effendi, Tolib; Rato, Dominikus; Anggono, Bayu Dwi
RechtIdee Vol 19, No 2 (2024): DECEMBER
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v19i2.27609

Abstract

The Criminal Procedure Code (KUHAP) and the Attorney General's Act give the public prosecutor and the Attorney General the authority to terminate prosecution, close cases in the interests of the law and set aside cases in the interests of the public. After Prosecutor's Regulation Number 15 of 2020 brings new problems because there is a termination of prosecution based on restorative justice which was previously unknown in both the Criminal Procedure Code and the Attorney General's Act. The purpose of this paper is to determine the position of termination of prosecution based on restorative justice as an extension of the meaning of termination of prosecution,  closing cases in the interests of the law or setting aside cases in the interests of the public, and to determine the legal consequences of termination of cases based on restorative justice. The research method used is doctrinal research to find consistency and legal certainty in the termination of prosecution based on restorative justice.
Consumer Protection in The Perspective Of Islamic Law: The Principle of Dignified Justice Wibowo, Dwi Edi; Disantara, Fradhana Putra
RechtIdee Vol 19, No 2 (2024): DECEMBER
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v19i2.28253

Abstract

Consumer protection in the context of dignified justice does not only prioritize economics and business, but also considers respect for ethics and human values. Consumer protection from an Islamic legal perspective will prioritize the principle of dignified justice as its main basis. Justice in Islamic sharia does not only include fulfilling rights equally, but also regarding respect for human dignity as creatures of God, so that dignified justice in Islam is justice that collaborates moral, spiritual and social values to maintain a balance between rights and obligations. Islamic sharia not only protects consumers from material loss, but will also maintain human dignity as legal subjects, this is because Islam teaches the values of al-'ilah (justice), maslahah (benefit), hisbah (supervision), and their relevance to protection of consumer rights. The principle of dignified justice emphasizes that consumers' rights must be protected and treated with respect, including consumer rights to correct information, freedom from fraud, and guarantees of product quality. This research uses a philosophical normative approach which will discuss the importance of values in Islamic sharia to provide more fair protection for consumers. Therefore, integrating the principles of Islamic law into regulations governing consumer protection can be a strategic step to create dignified justice for all parties.
Government Authority and Responsibility in the Universal Health Coverage Program from the Aspect of Participation and Financing Hamidah, Titin; Putera, Andika Persada; Pramono, Budi
RechtIdee Vol 19, No 2 (2024): DECEMBER
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v19i2.27458

Abstract

Citizens' rights to Social Security are realized by the Government through the National Health Insurance Program (JKN Program) with the principles of Social Insurance. The JKN Program is an initiation to achieve Universal Health Coverage (UHC), which is one of the objectives of the Sustainable Development Goals (SDGs). The government has the authority and responsibility for administering the JKN Program, particularly in terms of participation and financing. This research aims to analyze the Government's authority and responsibility within the JKN Program to achieve UHC. The research is Normative Juridical, using a Juridical approach based on statutory regulations. It concludes that the Government's authority in the JKN Program is legally attributed to the National Social Security Council and the Social Security Administering Body. Concerning the Government's responsibility in the JKN to achieve UHC, the Government must prioritize participation and financing to ensure effective implementation as a part of its obligation to its citizens. BPJS, as a Legal Entity organizing the JKN Program, has Sole Authority and must involve Independent Government Institutions for aspects like service, promotion, and supervision.
The Dynamics of Village Treasury Land Management to Provide Legal Certainty and Benefits Ropii, Imam; Chrisdanty, Febry; Candra Kusuma, Ariska Cesar Divian
RechtIdee Vol 19, No 2 (2024): DECEMBER
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v19i2.25498

Abstract

The management of village treasury land in Sukolilo Village faces various challenges that deviate from the provisions, especially related to the issue of securing and utilizing village assets. This study aims to examine legal management such as securing and utilizing village treasury land in Sukolilo Village in order to provide legal certainty and benefits for the community. This study uses an empirical or socio-legal method, with a sociological approach to examine the implementation, legal dynamics, and challenges of managing village treasury land in Sukolilo Village, East Java, Indonesia. Regarding security, the land certification process that is designated as part of the village treasury land in Sukolilo Village is still incomplete. Regarding its utilization, buildings utilized by outside parties do not provide economic benefits to the village because they do not have official permits from the village government. The absence of village regulations or directions from the village leadership also creates a legal vacuum. The Sukolilo Village Government needs to immediately register village treasury land and enter into legal agreements stipulated through village regulations. Expansion of the utilization of village treasury land can be done by building tourist villages, utilizing village potential by involving various community groups.

Page 18 of 21 | Total Record : 202

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