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Rechtsidee
Published by Universitas Muhammadiyah Sidoarjo
ISSN : 23388595     EISSN : 24433497     DOI : https://doi.org/10.21070/jihr
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
RECHTSIDEE, provides a forum for publishing the original research articles, review articles and book review from academics, analysts, practitioners and those who interested to provide literature on Legal Studies and Human Rights in all aspects. Scientific articles dealing with Civil Law, Islamic Law, Indonesian Law, Business Law, Constitutional Law, Criminal Law, Administrative Law, International Law, Philoshophy of Law, and Human Rights are particularly welcome.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
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Search results for , issue "Vol 5 No 2 (2019): June" : 7 Documents clear
Reformulation of Indonesian Human Rights Courts Competence in the Context of Ius Constituendum Aditya Wiguna Sanjaya
Rechtsidee Vol 5 No 2 (2019): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v5i2.23

Abstract

Crime of aggression and war crimes are not regulated in the competence of Human Rights Courts in Indonesia, in this case indicates that in positive law of Indonesia especially Act Number 26 of 2000 indicates the existence of legal issues which is legal vacuum on that matter needed solution through academic study as the purpose of this research. The methodology used in this research is a normative juridical research method that is focused on studying the application of rules or norms in positive law. In the study of normative jurisprudence, activities to elaborate the law are not required data support or social facts, because normative legal science does not recognize data or social facts, only known for legal material, so to explain the law or to find meaning and give value of the law is only used the concept of law and the steps taken are normative steps. The results of this study indicate that the Indonesian Human Rights Court has not been able to work independently because there is still influence from outside tribunal which is the International Criminal Court.
Political Motives in Term of Criminal Definition on Terorism Law in Indonesia Prayitno Imam Santoso; Abdul Kadir
Rechtsidee Vol 5 No 2 (2019): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v5i2.62

Abstract

In Law Number 5 Year 2018, the definition of terrorism with political motives is regulated. This is different from the previous regulation, namely Law Number 15 Year 2003 concerning the stipulation of Government Regulations in lieu of Law Number 1 Year 2002 concerning Eradication of Terrorism Criminal Acts. The issue raised is how the political motives as the goal of terrorism and what are the fundamental changes of the latest terrorism law. This research uses normative legal research in which the study legal material contains normative rules. With the ratification of the Terrorism Law, political motives are used as an element of the offense formula. Some changes are on the Definition of Terrorism, Terrorism Organizations, Military and Paramilitary Training, Incitement, involvement of children, time of detention, arrest, wiretapping, protection, victims' rights, prevention, BNPT, TNI involvement and oversight by the DPR.
Indonesia Regional Representative Council Authority After Constitutional Court Decision No. 92 / PUU-X / 2012 Bukhori Bukhori; Nizla Rohaya
Rechtsidee Vol 5 No 2 (2019): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v5i2.64

Abstract

The purpose of this study was to determine the position, role and function of the DPD-RI in the Indonesian constitutional system before and after the Constitutional Court Decision No. 92 / PUU-X / 2012. The research method used is juridical normative and type of research is statutory approach, comparative approach, and conceptual approach. The results showed that a number of laws and regulations governing the DPD-RI were still less than the initial purpose of the formation of the DPD-RI. Certain articles relating to the position, function and role of the DPD-RI actually limit the authority of the DPD-RI so that it cannot function as a state institution that should have the same position as the DPR-RI. The decision of the Constitutional Court No. 92 / PUU-X / 2012 brings a new chapter in the implementation of democracy in Indonesia. The ruling of the Constitutional Court firmly provides a strategic role for the Regional Representative Council in Indonesian constitution.
Ensuring Confidentiality in the Detection and Investigation of the Crimes of Money Laundering Khakberdiev Abdumurad
Rechtsidee Vol 5 No 2 (2019): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.2019.5.65

Abstract

This article analyzes tactics for combatting crimes related to money laundering based on international and national legislation as well as providing several recommendations on improving the system of combatting such crimes. Also, it determines, ensuring confidentiality in the detection and investigation of the crimes of money laundering. Finally, paper shows both outcomes and shortcomings of the points with some relevant examples.
Role of Financial Service Authorities on Legal Protection of The Sharia Banks Customers in Indonesia Sri Astutik
Rechtsidee Vol 5 No 2 (2019): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v5i2.66

Abstract

Sharia Bank is a bank that runs its business activities based on sharia principles, in the collection of funds and the distribution of funds, in order to serve the needs of society and improve the standard of living of the people. Various banking problems, such as not yet optimal protection of consumer financial services (bank customers), therefore it is necessary to supervise the operational banking activities. The purpose of bank supervision is to protect the interest of the savers who entrust their funds to the bank. Based in Law Number 21 of 2011 on the Authority of Financial Services, the arrangement and supervision of financial institutions becomes the authority of the Financial Services Authority. This supervision is also applied to banks with sharia principles. In this paper will discuss the Financial Services Authority oversight in the application of the principle of legal protection for customers in sharia banks.
The Corruption Behavior in The Behind of Fatsun Leadership of Kiai in The Region of Madura, Indonesia Nadir Nadir; Win Yuli Wardani
Rechtsidee Vol 5 No 2 (2019): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v5i2.67

Abstract

New corruption of the autonomous regions take a place, so that the government is unable to control the regional government. This is because the lack of supervision in the area during this is becoming the main factors a trigger regional heads to conduct corruption, and abuse of authority behind legitimacy leadership kiai. In addition, people in the they felt unable to be afraid to monitor and regional leaders, because it is still of cling values trach kiai. Hence, regional head lost his control. Local government administration as the base behavior corruption behind legitimacy leadership kiai because some respects, namely: (1) of the lack of supervision of the central government towards the regional government. (2) the the breadth of affairs which is the authority of the regional government. (3) of religiousness loss of values in self leader. (4) the weak regulation criminal sanctions for investors. (5) the lack of supervision of the society to the regional government. (6) values still a cling obedience the community against the figure of kiai. While the supporters become factors behavior corruption increasingly exist in perspective regional government reversed legitimacy leadership kiai, namely: (1) an opportunity patient office / erceived opportunity. (2) desire or the will to do corruption. (3) living expenses as pressure (lavish lifestyle as a necessity / living beyond one' s means, polygamy as a cost not light, promising welfare, promising removal of civil servants for temporary, promising free health.
The Fact of Inter-Regional Cooperation on Environmental Law in Lampung, Indonesia Muhammad Akib; FX. Sumarja; Slamet Budi Yuwono; Hieronymus Soerjatisnanta
Rechtsidee Vol 5 No 2 (2019): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v5i2.68

Abstract

This study aims to analyze the regulation of inter-regional cooperation law in environmental management in Lampung Province. The findings of this research are expected to be a basis in determining the model of legal policy of interregional cooperation in the field of environmental management in Lampung Province. Thus, the implementation of regional autonomy will be protected from regional ego and sector ego, and will eventually realize the ultimate goal of regional autonomy in the field of environment that is the welfare of local communities and environmental sustainability. This research method using socio-legal approach. The practice is primarily concerned with Local Government involvement and communities in upstream-downstream relationships in watershed (DAS) management in Lampung Province. Therefore, this study, in addition to reviewing the environmental policy of the Lampung Provincial Government, also examines district and city government environmental policies, especially in environmental management involving more than one district / city. The results showed that the legal arrangement of interregional cooperation in management of the environment in Lampung Province has not been specifically regulated. The basis of inter-regional cooperation is based only on the principles of regional autonomy and has not been based on the ecological characteristics and conditions in the region. Therefore, the approach still tends to be economic oriented and regional administration.The ideal concept is that the legal arrangement of cooperation inter-regional in the field of environment should be based on the principle of ecoregion.

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