cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Mochammad Tanzil Multazam
Contact Email
rechtsidee@umsida.ac.id
Phone
+6231-8945444
Journal Mail Official
rechtsidee@umsida.ac.id
Editorial Address
Universitas Muhammadiyah Sidoarjo Jl Majapahit 666 B Sidoarjo
Location
Kab. sidoarjo,
Jawa timur
INDONESIA
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 10 Documents
 1 
Search results for , issue "Vol. 10 No. 1 (2022): June" : 10 Documents clear
The Business Permits in Gampong Beurawe Aceh: The Existence of the Current Aceh Qanun: Izin Usaha di Gampong Beurawe Aceh: Eksistensi Qanun Aceh saat ini Widoretno Putri, Citraresmi
Rechtsidee Vol. 10 No. 1 (2022): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v10i0.772

Abstract

The purpose of this study is to examine the existence of Qanun related to the issuance of business licenses regarding government entertainment and games in Gampong Regulations. in Gampong Beurawe in the city of Banda Aceh related to Islamic principles. The research method is normative law by using a statutory-regulatory approach and a comparative approach. It was found that the Province of Nanggroe Aceh Darussalam with Islamic law was able to change a concept of behavioral power that had grown self-awareness through religious norms into a concept of behavioral power that could be imposed from outside humans with legal norms in the form of Qanun which were equivalent to Regional Regulations. This gave birth to Gampong Beurawe as Gampong Syariah. Law Number 11 of 2020 to Government Regulation of the Republic of Indonesia Number 6 of 2021 is one of the supervisory systems from the center for regions related to the issuance of business permits in the Regions electronically. The existence of government regulations makes it easier to control business licensing that is not in accordance with the concept of Islamic law and practices related to other licensing.
Establishing Ethical Norms: Dignified Justice Theory Perspectives on Ethics and Legal Relations: Mendudukkan Norma Etika: Perspektif Teori Keadilan Bermartabat terhadap Relasi Etika dan Hukum Disantara, Fradhana Putra; Anggono, Bayu Dwi; Efendi, Aan
Rechtsidee Vol. 10 No. 1 (2022): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v10i0.773

Abstract

The relationship between ethical norms and legal norms is different for experts, especially concerning their position. Moreover, legal norms seem to be superior to ethical norms. This study aims to analyze the position of ethical norms and legal norms. The dignified justice theory was chosen because it seeks to orient the divine and human aspects, which can only be fulfilled if ethical and legal norms synergize. This research is juridical-normative research. The juridical-normative research was chosen because it confirms the existence of ethical norms and legal norms as part of the system of norms prevailing in society. The study's results confirm that, in practice, legal court decisions are often considered higher and more authoritative than ethical court decisions. This has implications for the position of ethical norms that are considered inferior to legal norms. Furthermore, the theory of dignified justice seeks to see the relationship between ethical norms and legal norms as different norms, but in its implementation in society, the two norms must synergize and complement each other.
An Overview of Disputes Regarding the Right of Structure in Indonesia: Suatu Gambaran Sengketa Terkait Hak Guna Bangunan di Indonesia Fitra, Said; Purwaningsih, Sri Budi
Rechtsidee Vol. 10 No. 1 (2022): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v10i0.776

Abstract

Recently, there have been many disputes regarding land rights, namely the Right to Build. The Right to Build is a right that is obtained to use a building on a land that is not one's own for a certain period of time. This study aims to find out the portrait of disputes related to building use rights in Indonesia in 2021. The research method that the author uses is normative juridical using an approach to legislation (Statue Approach) carried out by examining all laws and policies that are in accordance with legal issues being studied. The benefit of this research is to be a reference and input of knowledge for further researchers regarding the Portrait of a dispute over building rights in Indonesia. The analysis of the legal material used is deductive reasoning, what is meant by deductive reasoning analysis here is reasoning based on a mindset that has a general nature to draw conclusions on a specific nature.
Preventing Bullying with Tolerance: A Study of Islamic Law: Mencegah Bullying dengan Toleransi: Kajian Hukum Islam Isroani, Farida; Munir, Munir
Rechtsidee Vol. 10 No. 1 (2022): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v10i0.779

Abstract

The actualization ​​of religious tolerance is a standard of consideration consistent concept of humans towards mutual respect of other religions by living together without mixing beliefs. This research uses a qualitative case study approach through observation, interview and documentation. The supporting factor for the actualization of the value of tolerance is the goal orientation of each school member, including the principles of wholeness, unity, humanism, and socialism. While the inhibiting factors are based on experience and basic understanding related to religious differences which are influenced by: (1) character and personality, (2) psychological development, (3) parenting pattern, (4) lack of religious teaching, (5) the surrounding environment and culture, and (6) previously established social relations.
Royalty as a Way to Protect Creator: Current Conditions in Indonesia: Royalti Sebagai Cara Melindungi Pencipta: Kondisi Saat Ini di Indonesia Maddusila, Sitti Fatimah
Rechtsidee Vol. 10 No. 1 (2022): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v10i0.780

Abstract

One of the legal rights that must be protected is intellectual property rights. This study analyzes intellectual property legal protection aspects based on a royalty system. This research is the normative legal research to produce legal arguments, usually called legal prescriptions. This study uses primary legal materials, which include: the 1945 Constitution of the Republic of Indonesia, the Patent Law, the Copyright Law, the Government Regulation on Song and/or Music Royalties, also the Plant Variety Royalties Act. Secondary legal materials include the results of studies and research on aspects of royalties in intellectual property rights. Non-legal material includes various non-legal studies of the royalty system in intellectual property. The approach in this research is a conceptual approach and a statutory approach. The results of the study confirm that the implication of the implementation of the royalty system in intellectual property rights requires the state to realize three fundamental legal values ​​related to royalty policies, such as guarantees of legal certainty over the rules regarding royalties, guarantees of benefit from the distribution of royalties, as well as guarantees of fair distribution of royalties based on the principle of proportionality. In addition, legal protection with a royalty system in intellectual property rights needs to be carried out externally and internally. Highlights: Royalty system needs legal certainty, benefits, and fair distribution. Fair distribution based on proportionality is important. External and internal legal protection is necessary. Keywords: Royalty, Intellectual Property Rights, Legal Value
The Construction of Customary Values as Part of The Agreements’s Validity: Konstruksi Nilai Adat Sebagai Bagian Dari Keabsahan Perjanjian Bagenda, Christina; Carbonilla, Cicilia Helena
Rechtsidee Vol. 10 No. 1 (2022): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v10i0.781

Abstract

Agreement is one of the important aspects in civil law. This is because the agreement is one of the legal actions that are often and commonly carried out in everyday life. Article 1320 of the Civil Code actually confirms the conditions for the validity of the agreement, such as: competent, agree, certain things, are allowed by law. However, in practice, something that is permitted by law is not only interpreted as permitted by positive or written law. However, it also includes unwritten legal values in society, which in this case includes Customary Values. This study aims to verify the legal terms of the agreement, including the inclusion of customary values as a valid condition of the agreement. This research is a normative legal research with a conceptual approach and legislation. The novelty in this research is the effort to extend the legal terms of the agreement, especially the halal cause or things that are permitted by law, including those permitted by unwritten law, in this case the customary values that apply in society. The results of this study confirm that with a futuristic and extensive interpretation, the meaning of halal causes or things permitted by law as a condition for the validity of the agreement must be expanded so that it includes unwritten law including customary values. Customary values that are still alive and valid in society are categorized as living law so that they become unwritten law. Because it is still valid in the community, customary values as unwritten law must be considered rights in making an agreement. This confirms that local customary values as long as they are still valid and live in the community can be a parameter as a condition for the validity of the agreement through the expansion of halal causes or something permitted by law in Article 1320 of the Civil Code.
Lack of Protection for Non-Fungible Token (NFT) Creators in Indonesia: A Progressive Legal Study: Kurangnya Perlindungan Pencipta Non-Fungible Token (NFT) di Indonesia: Suatu Kajian Hukum Progresif Norasari, Dina Aidah
Rechtsidee Vol. 10 No. 1 (2022): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v10i0.783

Abstract

This article presents a normative legal research that aims to provide legal protection guarantees for creators of Non-Fungible Token (NFT) works from a progressive legal perspective. The research used a statutory approach and concept approach to examine the implications of NFT on the existing legal framework. The results confirm that NFT requires special regulations to protect creators' rights, including revising the Copyright Law and developing regulations to affirm NFT's character. The study recommends that NFT works be included in copyright through extensive and futuristic interpretation, and the government's legal policy should specifically regulate NFT and issue certificates of NFT works to ensure legal protection and certainty. Overall, this research highlights the need for proactive legal responses to technological developments such as NFT, which can have economic value and require legal protection.Highlights: Non-Fungible Tokens (NFT) require special legal protection for creators due to their economic value. Revising Copyright Law and developing regulations to affirm NFT's character are recommended. NFT works should be included in copyright through extensive interpretation and the government should issue certificates of NFT works to ensure legal protection and certainty.
Legal Uncertainty Regarding the Application of The Principle of Territoriality in the Immigration Area: Ketidakpastian Hukum Penerapan Asas Teritorialitas pada Area Imigrasi Widodo, Rizal Fitroh Dwi; Rifa’i, M. Hafiz; Wiratama, Jhonata
Rechtsidee Vol. 10 No. 1 (2022): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v10i0.785

Abstract

The area of ​​immigration is an important aspect of immigration law enforcement and practice. This is because the immigration area preventively represents the sovereignty of a country. Even so, in the Immigration Law in Indonesia there are no special regulations regarding the immigration area. So there is the problem of a legal vacuum related to special regulations regarding the immigration area. This research is a normative legal research with a statutory and conceptual approach. The results of the study confirm that the principle of territoriality in the immigration area requires legal certainty. This is because in the practice of immigration, the principle of territoriality is an important principle, one of which is trying to prevent it from protecting the sovereignty of the state. In addition, the government needs to make a special legal product that regulates immigration areas in the form of Government Regulations and Presidential Regulations which can then be followed up technically with the regulations below. Technical follow-up to Government Regulations and Presidential Regulations can be in the form of a Regulation of the Minister of Home Affairs and specifically technical instructions regarding immigration areas can be formed for officers and law enforcement officers in the immigration sector who are specifically tasked with immigration areas.
Crypto Asset as a Transaction Tool in the Perspective of Economic Analysis of Law: Legal Consequences and Ius Constituendum: Aset Kripto sebagai Alat Transaksi dalam Perspektif Analisis Hukum Ekonomi: Konsekuensi Hukum dan Ius Constituendum Ningsih, Dita Damayanti Sasmito; Achmad, Dimas Hikari; Dewi, Elreddian Kusuma; Purnami, Yessy Arinta Puji
Rechtsidee Vol. 10 No. 1 (2022): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v10i0.787

Abstract

This normative legal research examines the economic and legal aspects of using crypto assets as a means of business transactions in Indonesia. The study uses a concept and legislation approach to analyze the legal consequences of crypto assets as transaction tools in digital business transactions. The research finds that crypto assets can be traded as goods in accordance with existing regulations, but cannot be used as legal tender in digital business transactions. Any digital transaction that uses only crypto assets as currency is null and void, and subject to criminal sanctions. To regulate the use of crypto assets as transaction tools, the study suggests breaking down the substance of Bappebti Regulation into two characters, regeling and beshikking. The implication of this research is that further studies and proposals are needed from Bappebti to determine whether crypto assets can be used as currency in the future, and to ensure that future regulation aligns with the principles of Economic Analysis of Law. Highlights: Crypto assets can be traded as goods in accordance with regulations. Crypto assets cannot be used as legal tender in digital business transactions. Regulation of crypto assets as a transaction tool needs to be further developed and clarified.
Implementing Pancasila Economic System through BUMDes: A Legal Analysis on Desa Empowerment and Indonesia's Legal Framework: Menerapkan Sistem Ekonomi Pancasila melalui BUMDes: Analisis Hukum tentang Pemberdayaan Desa dan Kerangka Hukum Indonesia Jayantara, Made; Kurniawan, I Gede Agus
Rechtsidee Vol. 10 No. 1 (2022): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v10i0.975

Abstract

This normative legal study aims to analyze the application of the Pancasila economic system in Desa through BUMDes. The research focuses on two legal issues: the urgency of implementing the Pancasila economic concept in Desa and constructing Indonesia's legal framework through BUMDes practices. The research results show that Desa requires empowerment and welfare improvement, making the implementation of the Pancasila economic system crucial. BUMDes is expected to implement the Pancasila values in its economic system and prioritize fair distribution of economic resources and community welfare. The legal construction of Indonesia through BUMDes practices can be done by adopting Pancasila economic values and principles of kinship and cooperation. The implication of this study is to encourage policymakers to promote the implementation of the Pancasila economic system and BUMDes practices in empowering Desa and constructing Indonesia's legal framework.Highlights Urgency of implementing Pancasila values in Desa for empowerment and welfare improvement. BUMDes as a means to implement Pancasila economic system and prioritize fair distribution of resources. Legal construction of Indonesia through adoption of Pancasila economic values and principles of kinship and cooperation. Keywords: Pancasila economic system, BUMDes practices, Desa empowerment, Legal framework, Fair distribution.

Page 1 of 1 | Total Record : 10

 1 

Filter by Year

2022 2022


Reset
Filter By Issues
All Issue Vol. 14 No. 1 (2026): June Vol. 13 No. 2 (2025): December Vol. 13 No. 1 (2025): June Vol. 12 No. 2 (2024): December Vol. 12 No. 1 (2024): June Vol. 11 No. 2 (2023): December Vol. 11 No. 1 (2023): June Vol. 10 No. 2 (2022): December Vol. 10 No. 1 (2022): June Vol. 9 (2021): December Vol 9 (2021): December Vol 8 (2021): June Vol 6 No 2 (2020): June Vol. 6 No. 2 (2020): June Vol. 7 (2020): December Vol 7 (2020): December Vol 6 No 1 (2019): December Vol 5 No 2 (2019): June Vol 5 No 1 (2018): December Vol 4 No 2 (2018): June Vol 4 No 1 (2017): December Vol 3 No 2 (2016): December Vol 3 No 1 (2016): June Vol 2 No 2 (2015): December Vol 2 No 1 (2015): June Vol 1 No 2 (2014): December Vol 1 No 1 (2014): June More Issue