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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 14 Documents
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Search results for , issue "Vol. 10 No. 2 (2022): December" : 14 Documents clear
Indonesian Legal Framework Related to Online Game Phenomena: A Criminological Review: Kerangka Hukum Indonesia Terkait Fenomena Game Online: Sebuah Tinjauan Kriminologis Risardi, Alif Wildan
Rechtsidee Vol. 10 No. 2 (2022): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v11i0.802

Abstract

The development of online games is part of technological developments. Even so, the development of online games negatively impacts criminal acts and crimes caused by online game addiction. This research seeks to analyze the impact of online games from a criminological perspective as well as efforts to formulate future arrangements to minimize the existence of people who are addicted to online games and commit criminal acts due to addiction to online games. This type of research is normative legal research by prioritizing conceptual and statutory approaches. The study results show that the impact of online game addiction from a legal and criminological perspective can lead to crimes or criminal acts due to online game addiction. The occurrence of the crime or criminal acts caused by online games is also influenced by the surrounding environment, which also seems to justify or at least allow the occurrence of these crimes. Therefore, future regulatory efforts to minimize the impact of online games are to make revisions related to the provisions contained in the Regulation of the Minister of Communication and Informatics No. 11 of 2016 concerning the Clarification of Electronic Interactive Games, especially to emphasize the existence of sanctions and coercive elements so that various provisions in the Regulation can be implemented optimally and need to get a follow-up in the form of public policy.
Restorative Justice in the New Criminal Code in Indonesia: A Prophetic Legal Study: Keadilan Restoratif pada KUHP Baru di Indonesia: Suatu Studi Hukum Profetik Flora, Henny Saida
Rechtsidee Vol. 10 No. 2 (2022): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v11i0.836

Abstract

The existence of Law No. 1 of 2023 concerning the Criminal Code (UU KUHP) as the new Criminal Code (KUHP) in Indonesia seeks to apply the legal ideals of Restorative justice is one of the concepts substantively constructed in the newly ratified Criminal Code. This study aims to analyze the existence and implications of restorative justice after ratifying the Draft Criminal Code (RKHUP) as a law. This research is normative legal research with statutory and conceptual approaches. The results of the study confirm that the existence of the concept of restorative justice from a prophetic law perspective fulfills the three fundamental values of prophetic law, namely: divinity, humanity, and justice. So, that the application of restorative justice in a prophetic law perspective strengthens the substance of the legal state of Indonesia as a nation-state based on the Godhead. Almighty. The implications of restorative justice after the ratification of the RKUHP became the Criminal Code Law in the perspective of prophetic law; that is, the substance of restorative justice has been facilitated in the Criminal Code Law and is spread across various articles. One of the affirmations in the Criminal Code Law is that punishment must not demean human dignity, which means protecting human dignity is God's commandment and a person who ignores the dignity of fellow human beings is a person who transgresses limits. Thus, who can conclude that the substance of restorative justice facilitated in the Criminal Code Act is relevant to prophetic law.
The Communal Dimension of Intellectual Property Rights: An Integrative Legal Perspective on the Future of Geographical Indications: Dimensi Komunal Hak Kekayaan Intelektual: Perspektif Hukum Integratif Terkait Masa Depan Indikasi Geografis Rompegading, Melantik; Asmah
Rechtsidee Vol. 10 No. 2 (2022): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v11i0.844

Abstract

This study aims to analyze the communal dimensions of geographical indication intellectual property rights with an integrative legal perspective. This research is a normative legal research. The results of the study confirm that the character of geographic indication rights which have a communal basis is actually relevant to the legal character of the Indonesian people who view intellectual property as joint property and can be used jointly. Therefore, the character of geographical indication rights that have a communal basis in the future can be regulated through legal instruments regarding Traditional Cultural Expressions which also contain provisions regarding geographic indication rights. This actually requires the role of the state as a trigger for the birth of a conducive economic climate by optimizing intellectual property in the form of geographical indications. Future arrangements for geographic indication rights in an integrative legal perspective can be carried out by optimizing the role of the government (bureaucracy) as a social changer. The role of the bureaucracy is based on laws and policies made by the central government and local governments. It is necessary to provide incentives for communities or legal entities that have an orientation to optimize geographic indications. The existence of incentives from the government should also be optimized in the realm of local government so that people are motivated to optimize geographical indications which can be used as a means to improve the economic level of the community.
Liability of Mining Companies Related to Environmental Pollution in the Perspective of Prophetic Law: Pertanggungjawaban Perusahaan Tambang Terkait Pencemaran Lingkungan dalam Perspektif Hukum Profetik Suciati, St. Muslimah; Sarif, Asri; Rasmuddin; Arfa, Arfa
Rechtsidee Vol. 10 No. 2 (2022): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v11i0.955

Abstract

This study aims to analyze aspects of mining company liability related to environmental pollution in the perspective of prophetic law. A review of prophetic law is used as an analytical knife to confirm the existence of prophetic law, one of which emphasizes "unity" between the interests of humans and the universe (including the environment). This research is a normative legal research by prioritizing the concept and statutory approach. The results of the study confirm that proper legal responsibility for mining companies if it is proven that there is environmental pollution in a preventive manner or prevention, mining companies need to anticipate that before mining companies carry out mining activities, they must submit a post-mining reclamation plan and provide a post-mining reclamation guarantee fund. Then in the implementation of mining activities supervision must be carried out continuously and negotiate/persuade or supervise so that mining companies carry out their mining activities in compliance with permit conditions and other conditions for carrying out environmentally sound mining activities. Viewed from the perspective of prophetic law, legal accountability for mining companies in relation to environmental pollution is actually in accordance with three aspects of prophetic law, namely aspects of transcendence, humanization, and liberation. Therefore, in order to make law enforcement effective regarding legal liability for mining companies in relation to environmental pollution, it is necessary to harmonize and synchronize laws and regulations as well as the need for efforts to maintain coherence between statutory regulations and practice in the field.

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