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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 5 Documents
 1 
Search results for , issue "Vol 8 (2021): June" : 5 Documents clear
The Legal Pluralism Strategy of Sendi Traditional Court in the Era of Modernization Law Dicky Eko Prasetio; Fradhana Putra Disantara; Nadia Husna Azzahra; Dita Perwitasari
Rechtsidee Vol 8 (2021): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.2021.8.702

Abstract

The Sendi customary community is a community that has procedures for implementing customary law through the customary justice system. Not only that, the Sendi customary community also has a distinctive legal code and customary apparatus; so that its existence needs to be maintained in the face of the era of legal modernization. This research is an empirical legal research; by using secondary data types obtained from various searches for journal articles, books, and information through online news online; relating to the substance of the research. The purpose of this research is to describe the structure of Sendi's customary court in maintaining the existence of customary law; as well as describing the strategy of legal pluralism in Sendi's customary court to face modernization of law era. This empirical legal research focuses on the structure of Sendi's customary court with an approach of legal pluralism. The results of the study confirm that a legal pluralism strategy is needed to maintain the existence of the Sendi traditional court in the era of legal modernization; and integration efforts are needed between the law and the customary apparatus of Sendi with the law and the national or state apparatus.
The Government of Indonesia's Accountability Against Forest Degradation Due to Deforestation Based on the Paris Agreement to the United Nations Framework Convention on Climate Change Cherin Ayudia Sari; Mochammad Tanzil Multazam
Rechtsidee Vol 8 (2021): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.2021.8.719

Abstract

This study aims to describe and explain the form of Indonesia's responsibility for climate change due to deforestation based on the Paris Agreement. As a form of contribution to climate problems, the Government has adopted the Paris Agreement with the instrument Law Number. 16 of 2016. However, the commitment to contribute to reducing greenhouse gas emissions has encountered problems in its implementation. On this basis, this study discusses the state's responsibility for climate change due to deforestation. The main emphasis will be on the forestry sector. This problem is the biggest obstacle in Indonesia's commitment to meet the greenhouse gas emission reduction target. This research method uses normative or doctrinal, the data collection process is carried out by reviewing literature that is relevant to the problems written by the author. The result of this research is that regulations on how to overcome the climate crisis in Indonesia are seen as not being able to implement changes in substance with the ultimate goal of reducing emissions as desired. The issue of effectiveness, especially the problem of legal requirements, is still a principle constraint, even some administrative arrangements contain decisions that contradict the declared responsibilities. In line with that, it is proposed the importance of strong guidelines, implementation of the law and balance of responsibilities through the environmental strategy that is carried out.
Restorative Justice Arrangements in the Indonesian Criminal Justice System: A Contribution of Thoughts Abdul Wahid
Rechtsidee Vol 8 (2021): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v8i0.778

Abstract

The criminal justice system has an orientation to involve various components to prevent the occurrence of criminal acts. In the practice of criminal law, the idea of ​​restorative justice has emerged in the practice of law in Indonesia. This study aims to initiate the regulation of restorative justice in the Criminal Procedure Code as part of the criminal justice system's development. This research is normative legal research oriented to the study and analysis of positive law. This study examines the legal issue, namely the legal vacuum in the regulation of restorative justice in the Criminal Procedure Code. The study results confirm that restorative justice is part of the criminal justice system, especially in the aspect of the criminal justice system process, which effectively and efficiently strengthens the orientation of the legal process effectively and efficiently in criminal law enforcement. In this context, restorative justice is part of the development of legal theory and practice and an effort to revive the value of local wisdom in Indonesian criminal law. The Ius constituendum or future arrangements related to restorative justice in the Criminal Procedure Code need to be carried out so that the Criminal Procedure Code can guide the implementation of formal law in Indonesia that has Indonesian aspirations, especially with the application of restorative justice in practice as well as the pouring of restorative justice in the Criminal Procedure Code which is essential to ensure legal certainty as well as provide a dimension of harmony for restorative justice arrangements
Reconstruction of the Legality Principle: The Essence of the Pancasila Spirit in Criminal Law Reform Kartini Mallarangan
Rechtsidee Vol 8 (2021): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v8i0.782

Abstract

The principle of legality is the main joint in criminal law. This is because the principle of legality relates to the rights and obligations of the community that have the potential to be subject to criminal law. This study aims to explore the values ​​of Pancasila in the renewal of the national criminal law through the reconstruction of the legality principle in the Draft Criminal Code. This research is normative legal research by prioritizing the concept and legislation approach. The results of the study confirm that the renewal of the national criminal law through the Draft Criminal Code is an important matter, especially by reconstructing the legality principle from formal legality to material legality. Reconstruction of the principle of legality is needed because the principle of legality is the heart of criminal law. This means the reconstruction of the criminal law specifically as well as the reconstruction of the principle of legality. Efforts to reconstruct the principle of legality should be guided by the values ​​of Pancasila as the ideals of Indonesian law. The reconstruction of the legality principle from formal to material, guided by the legal ideals of Pancasila is expected to be relevant to the needs and legal reality of the Indonesian people. This is so that Indonesian criminal law in the future has Indonesian ideals that it is in accordance with the nation's characteristics, personality, and legal ideals, namely Pancasila.
Neglected Elderly: Lacking Welfare Policies in Indonesian Local Governments Said Fitra Akbar; Rifqi Ridlo Phahlevy
Rechtsidee Vol 8 (2021): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v8i0.969

Abstract

This study aimed to examine the social welfare policies for elderly citizens in local government in Indonesia, with a particular focus on the existence of regional regulations that address the needs of this vulnerable population. A normative method was employed, utilizing a statutory approach and deductive analysis of legal materials. The results of the study indicate that not all regions in Indonesia have local regulations that specifically address the welfare of the elderly. This finding highlights the need for increased attention and action from local governments in order to ensure the well-being and protection of elderly citizens. Highlights: The study focused on social welfare policies for the elderly in local government in Indonesia. The research revealed that not all regions in Indonesia have local regulations that specifically address the welfare of the elderly. This highlights the need for increased attention and action from local governments to ensure the well-being and protection of elderly citizens.

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