Rechtsidee
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.
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"Vol 6 No 1 (2019): December"
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<![CDATA[The Role of Madrasah Anti Korupsi to Reach Indonesia Clean of Corruption ]]>
<![CDATA[Franky Ariyady]]>;
<![CDATA[Gufroni Gufroni]]>
<![CDATA[ Rechtsidee Vol 6 No 1 (2019): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/jihr.v6i1.63
<![CDATA[Crruption virus, has become an epidemic, damages all the joints of our civilization. Based on the data Corruption Perception Index 2016, Indonesia won 37 points last year, improved by one point in 2015 which was recorded 36 points. But still, Indonesia is a corrupt country because it is still below the average of 43 points. Anti-corruption movements must continue to be massively duplicated, all elements of civil society must be part of the anti-corruption movement. The congregation movement against corruption through the Anti-Corruption Madrasa (MAK) is a genetics of the Muhammadiyah movement, since a century ago. From the results of the research, the fact revealed the fight against corruption and building an anti-corruption culture through MAK is a new interpretation of al-maun's theology in the second century of Muhammadiyah today. There are 2 big goals from MAK. First, fostering anti-corruption awareness starts with oneself (ibda bi nafsi). Second, together fighting against corruption by involving other anti-corruption civil society organizations.]]>
<![CDATA[A Comparative Study on Automatic Financial Exchange between Indonesia and Malaysia ]]>
<![CDATA[Bambang Sugeng Ariadi Subagyono]]>;
<![CDATA[Agus Yudha Hernoko]]>;
<![CDATA[Zahry Vandawati Chumaida]]>
<![CDATA[ Rechtsidee Vol 6 No 1 (2019): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/jihr.2019.6.69
<![CDATA[Taxpayer data and information from banking and finance institution could be guidance on any development. Therefore, it could be a corrective act to do the law enforcement on increasing Inland Revenue. Financial information exchange regarded to tax interests, besides by demanding way also could automatically way done (Automatic Exchange of Financial Account Information/AEol). Indonesia commitment was manifested by Multilateral Competent Authority Agreement signed after AEOI on 3rd June 2015. Indonesia agreed to start the financial information exchange automatically on September 2018. The followed-up Indonesia government commitment was on 8th May 2017. It had approved the financial information access no.1 2017 legislations as to tax interests. Then, one year later was set to be no.9 2017 legislations.]]>
<![CDATA[E-Commerce Road Map as a Legal Protection for Consumers in The Digital Economic Era ]]>
<![CDATA[Rizka Rizka]]>
<![CDATA[ Rechtsidee Vol 6 No 1 (2019): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/jihr.v6i1.71
<![CDATA[Digitalization of the economic field to welcome the era of industrial revolution 4.0 needs to be addressed intelligently so it is not harm the consumers and business actors through the transformation of consumer protection instruments into a more contemporary way. Currently, Indonesia has about 93.4 million Internet users and approximately 71 million users of smart phones which makes the internet and of course online transactions, as part of a lifestyle that is reflected through shopping behavior. The task of the State is to bring legal protection to consumers. Based on the consideration of actuality and urgency, to create the necessary level of certainty in business transactions and protect the consumer rights of e-commerce transactions the Government finally issued Presidential Regulation No. 74 of 2017. This regulation regulates the Electronic Road Based Electronic System Road Map (road map e-commerce). The Policy Package is intended to make Indonesia the largest digital economy in Southeast Asia by 2020. Legal umbrella is required in the form of law so that the state can provide a simultaneous and comprehensive legal protection of consumer rights in e-commerce transactions in the era of digital economy.]]>
<![CDATA[Legal Protection for Doctor who Performs Medical Treatments that Lead Patient to Death ]]>
<![CDATA[Filosophia Putri Kemala Dewi]]>
<![CDATA[ Rechtsidee Vol 6 No 1 (2019): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/jihr.2019.6.72
<![CDATA[This research was carried out due to frequent accusations that doctors performed malpractice. Accusations of errors in medical treatment are often found in the field. The objectives of this research are to: 1) examine and analyze forms of legal protection for doctors/ dentists in providing medical services who carry out independent practices as well as those working in hospitals, 2) review and analyze legal liabilities of doctors/ dentists in carrying out medical profession that leads patients to death. This research applies statute and conceptual approaches that is equipped with a case approach. The analysis results of the research indicated that the State provides legal protection for a doctor/ dentist through Article 27 paragraph (1) of Law No. 36 of 2009 concerning Health, Article 50 point (a) Law No. 29 of 2004 concerning Medical Practice, Article 24 paragraph (1) Government Regulation No.32 of 1996 concerning Health Workers, and Article 57 points (a) Law No. 36 of 2014 concerning Health Workers. Moreover, besides the above positive laws, legal protection for doctors/ dentists who work in hospitals also applies Article 46 of Law No. 44 2009 about hospitals and respondeat superior doctrine.]]>
<![CDATA[Abortion: A Review on Indonesia Regulations ]]>
<![CDATA[Hariansi Panimba Sampebulu]]>
<![CDATA[ Rechtsidee Vol 6 No 1 (2019): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/jihr.2019.6.73
<![CDATA[The position of women in legal construction in Indonesia today is still difficult to adjust to the circumstances that occur, especially in terms of equality issues. The abortion that has been a problem for so long time, being discussed because of the rules that are considered not in accordance with the existing rules, and the amount of pressure from various things. Law and Women are always placed in objects that are not neutral, especially in terms of discussing reproductive health. The government and legislation feel that they have a stake in integrating reproductive health owned by women. It is the position of women in the law that gives rise to many struggle movements and the diffusion of feminism in Indonesia. The rules of Article 31 paragraph 1 and 2 of Government Regulation Number 61 of 2014 which regulate safe abortion need to be more attention and safeguarded, so that a woman has the right to be based on herself.]]>
<![CDATA[Anonymity in the Action of Cyber Bullying ]]>
<![CDATA[Ni Putu Sri Widiasih]]>
<![CDATA[ Rechtsidee Vol 6 No 1 (2019): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/jihr.2019.6.74
<![CDATA[The emergence of cyber bullying is caused by the advancement of information technology that has led to various social networking sites that have an impact on increasing usage internet which leads to violations of social norms. This study aims to identify the role of an anonymous account in criminal acts of cyber bullying, and how to avoid it. The method using in this research is conceptual approach. The characteristics of anonymity in cyber bullying are very important to watch out for, actors in cyber bullying who use anonymous accounts are very difficult to detect, so cyber bullying becomes very dangerous if left unchecked. The result of this study shown, that the anonymity only want to be treated the same or also conceal their identities because they want the forum to only look at what they wrote, not who wrote it. Concealment of identity is done intentionally, but with different reasons. Anonymity becomes very dangerous if used by parties who are not responsible for doing the crime. The role of anonymity in cyber bullying is used by actors to protect their true identities in smoothing out their crimes. Legal protection against anonymity can be done, Indonesia is a rule by law that protects its citizens from the state and citizens other.]]>
<![CDATA[Challenges in Applying Night Work Norms in Indonesia ]]>
<![CDATA[Rio Arif Pratama]]>;
<![CDATA[Bayu Prasetyo]]>
<![CDATA[ Rechtsidee Vol 6 No 1 (2019): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/jihr.v6i1.77
<![CDATA[Everyone has the right to have and determine the desired work, get a fair treat and get a decent wage, it is governed by the Constitution of the Republic of Indonesia. In general, working in the morning until evening, but there is also work carried out at night. The lawmakers pay special attention to the execution of work at night by providing a number of excusive rights as part of legal protection for workers. This research aims to determine the opportunities and challenges of applying the night work norms based Law No. 13 of 2003 on legal systems through legal substance, legal structure and legal culture analysis in the field of employment. TThe results of the research are in several Indonesian Regions there are still similar challenges regarding the implementation of night work norms. The authors also assess there are a number of opportunities for improvement in order for nighttime work norms to run well.]]>
<![CDATA[Leadership and Governance: A Case of Cattle Rustling as a Security Threat in Nigeria ]]>
<![CDATA[Mohammed Bashir Abubakar]]>
<![CDATA[ Rechtsidee Vol 6 No 1 (2019): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/jihr.v6i1.78
<![CDATA[Since the beginning of this political dispensation, Nigeria has suffered a lot from bad leadership with most of its leaders not concentrating on the welfare and security of its citizens because of corruption. Poor leadership undermines the legitimacy of democratic values and tolerance from the leaders and other stakeholders. However, the link between leadership and security challenges in Nigeria was analysed. Qualitative method of data collection was adopted, and secondary data was used. The paper found that cattle rustling as a security threat Nigeria was a product of bad leadership in Nigeria. The paper concludes that, until good leadership devoid of corruption, religious and ethnic interest is put in place, transparency and accountability in all aspect of governance is maintained, cattle rustling will be the order of the day.]]>
<![CDATA[A Review on Administrative Justice Competencies in France ]]>
<![CDATA[Citraresmi Widoretno Putri]]>
<![CDATA[ Rechtsidee Vol 6 No 1 (2019): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/jihr.v6i1.90
<![CDATA[The Indonesian justice system is closer to the French justice system, both general and administrative justice, with its "droits administrative regime". In addition, it is recognized that administrative justice in France is already well-established, so it has become a model for other countries. Therefore, the author tries to conduct normative legal research related to the Absolute Competence of Administrative Justice in France. This is certainly very different from the results of previous research and writings that examine the Study of State Administrative Courts based on the paradigm of Law Number 30 Year 2014 on Government Administration then research on the Absolute Study of State Administrative Courts in the Assessment of the Abuse of Authority, there is also research on Implications of Limiting the Absolute Competence of State Administrative Court, Reformulation of Unlawful Acts by Government Agencies or Officials in the Context of Absolute Competence in State Administrative Court and the Element of Abusing Authority in Corruption Crimes as Absolute Competence of Administrative Justice. The entire previous article is examining the Absolute Competence of Administrative Justice in Indonesia alone and its development while this paper contains the novelty of the elements that examine the history of law relating to the Absolute Competence of Administrative Justice in France. The conclusion is that France adheres to the dualite de la jurisdiction or duality of jurisdiction system. Administrative justice aims and ends at Conseil d'Etat besides general court comes from and aims at the Cour de Cassation (Supreme Court).]]>
