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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 13 Documents
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Search results for , issue "Vol. 11 No. 1 (2023): June" : 13 Documents clear
Worship in the Mosque during the Pandemic: A Study of Islamic Law: Ibadah di Masjid pada Masa Pandemi: Telaah Hukum Islam Absor, Ulil; Hafsah , Hafsah; Siregar, Ramadhan Syahmedi
Rechtsidee Vol. 11 No. 1 (2023): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v12i0.959

Abstract

The Covid-19 pandemic has affected almost every aspect of Indonesian life, including religious aspects such as the ban on congregational prayers in mosques. The measures taken by the government are certainly controversial among the public. The purpose of this study was to find out the practice of holding congregational prayers during the Covid-19 pandemic in Medan City based on the contemporary Ulama Ijtihad method and Islamic law. The method used in this study is a qualitative research method. The results of the study show that congregations in Medan City can still perform congregational prayer at the mosque, but by implementing strict health protocols such as applying a distance of at least 1 metre for prayer, mandatory wearing of masks, using their prayer mats, performing ablution (wudu) at home respectively, congregations are not allowed to gather at the same time as well as not allowed to bring such children to the mosque.Highlights: Congregational prayers are allowed, with strict health protocols. Measures include maintaining 1-meter distance, wearing masks, and using personal prayer mats. Other precautions involve performing ablution at home, staggering arrival times, and prohibiting children in mosques. Keywords: Congregational Prayer, Ijtihad method, contemporary ulama, Covid-19
Trust and Accountability: Legal Implications of Train Delays: Kepercayaan dan Akuntabilitas: Implikasi Hukum dari Keterlambatan Kereta Api Churniawan, Erifendi
Rechtsidee Vol. 11 No. 1 (2023): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v12i0.970

Abstract

This normative legal research with statutory and conceptual approaches aims to analyze the implications of train delays according to schedule in a progressive legal perspective and to construct ethical and legal responsibility for such delays. The results reveal that train delays not only harm passengers but also decrease public trust in rail services. In a progressive legal perspective, trust is the fundamental element for law to serve human interests. To address this issue, a minister of transportation regulation should be established to hold train service managers accountable for delays and provide ethical and legal obligations to passengers. By learning from the accountability of aircraft delays, such regulations can be adapted to rail transportation. Highlights: Train delays have negative consequences for passengers and public trust in rail services. Trust is a fundamental element for law to serve human interests. A minister of transportation regulation should be established to hold train service managers accountable for delays and provide ethical and legal obligations to passengers.
Illegal Ministerial Circulars in Indonesia: Implications for Legitimacy: Surat Edaran Menteri yang Tidak Sah di Indonesia: Implikasi bagi Legitimasi Gunawan, Ari; Susetio, Wasis; Markoni, Markoni; Subiyanto, Achmad Edi
Rechtsidee Vol. 11 No. 1 (2023): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v12i0.972

Abstract

This normative research aimed to examine the extent of ministerial circular letters in Indonesia and whether a particular circular letter violates the Law Number 17 of 2014. Through a qualitative literature review and legal analysis, the study found that Minister of Finance Circular Letter Number S-841/Mk.02/2014 does not fall under the category of legislative rules and lacks external application, thus rendering it illegal. The study suggests that ministerial circular letters must adhere to the law, philosophy, and social considerations to be considered legitimate. The findings have implications for the proper implementation and interpretation of ministerial circular letters in Indonesia. Highlights: Ministerial circular letters in Indonesia must comply with the law, philosophical principles, and social considerations to be considered legitimate. Ministerial circular letters are not regulations that apply to the general public, but only to ministries or institutions. Ministerial circular letters that contradict higher laws are considered illegal.
The Elusive Justice: Analyzing Disparities in Judges' Decisions on Domestic Psychic Violence Cases: Keadilan yang Sulit Dipahami: Menganalisis Disparitas Putusan Hakim dalam Kasus Kekerasan dalam Rumah Tangga Liong, Steven; Helvis, Helvis; Markoni, Markoni; Kantikha, I Made
Rechtsidee Vol. 11 No. 1 (2023): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v12i1.973

Abstract

This study aimed to analyze the basis for judges' considerations in cases of domestic psychological violence and to examine the causes of disparities in judges' decisions. The research employed a normative juridical research method. The results showed that judges' considerations in domestic psychological violence cases were based on three factors: juridical, sociological, and ideal philosophical considerations, which resulted in different decisions. The study found that disparities in judges' decisions could not be eliminated due to various influencing factors. Nonetheless, the act of psychological violence is considered a crime that disturbs family harmony and is prohibited by Law No. 23 of 2004. This research has implications for the need to establish clear guidelines for judges in handling domestic psychological violence cases to ensure consistency and fairness in the legal system. Highlights: The judge's considerations in domestic psychological violence cases include juridical, sociological, and ideal philosophical aspects. Different considerations can result in different decisions, even in similar cases. Acts of psychological violence in the household are prohibited by Law No. 23 of 2004 and can disrupt family harmony.
Rethinking Unjust Enrichment: Advancing Distributive Justice in Indonesian Law: Memikirkan Kembali Unjust Enrichment: Memajukan Keadilan Distributif dalam Hukum Indonesia Puspatara, Rian Ganggas; Kurniawan, I Gede Agus
Rechtsidee Vol. 11 No. 1 (2023): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v12i1.961

Abstract

This study aims to analyze the development of the unjust enrichment doctrine in Indonesia from a progressive legal perspective. Employing normative legal research with conceptual, comparative, and legislative approaches, the study confirms that the philosophical orientation of the unjust enrichment doctrine in Indonesian civil law is expected to optimize the idea of distributive justice, which is relevant in civil practice. The actualization of the unjust enrichment doctrine in a progressive legal perspective can be achieved through philosophical, theoretical, and practical approaches. By exploring the principles of proportionality and Pancasila values as Indonesia's legal ideals, integrating the development of unjust enrichment doctrine within the theoretical framework of tortious acts, and promoting the active and creative utilization of Article 1359 of the Indonesian Civil Code, this study offers insights for judges and legal practitioners in their pursuit of justice in civil cases based on unjust enrichment claims.Highlights: Philosophical orientation: Emphasizes distributive justice and embraces Pancasila values as Indonesia's legal ideals. Theoretical development: Integrates unjust enrichment doctrine within the framework of tortious acts. Practical approach: Encourages active and creative utilization of Article 1359 of the Indonesian Civil Code by judges and legal practitioners. Keywords: unjust enrichment, progressive legal perspective, distributive justice, Indonesian civil law, Pancasila values
Notaries at Risk: Urgent Need for Legal Protection Against Criminal Acts: Notaris Berisiko: Kebutuhan Mendesak akan Perlindungan Hukum Terhadap Tindak Pidana Setiawati, Yuni; Salim, Lendra Akbar; Melati, Ayu Sekar; Chesar, Wery
Rechtsidee Vol. 11 No. 1 (2023): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v12i1.968

Abstract

This study aims to address the legal protection issues faced by notaries in relation to potential criminal acts and proposes ideas for regulating legal protection. Utilizing a normative legal research approach, data was collected through literature reviews, document analysis, and legal interviews, with conceptual and legal framework analysis conducted. The results reveal a lack of legal harmonization between notarial law and criminal law, which challenges the provision of adequate legal protection for notaries. Harmonization of legal provisions is critical to ensure optimal notarial services and protect against potential criminal acts. The findings emphasize the urgency of implementing legal provisions for notaries' adequate protection and offer valuable insights for policymakers and legal practitioners in crafting effective legal frameworks. Highlights: Legal harmonization between notarial and criminal law is needed for adequate protection of notaries. Protection is necessary for optimal services and protection against criminal acts. Harmonizing legal provisions is critical for effective protection. Keywords: Notarial Law, Legal Protection, Criminal Acts, Harmonization, Professional Duties
Legal Ambiguity and Its Impact on Community Criminalization in Mining Obstruction Cases: An Inclusive Legal Perspective: Ambiguitas Hukum dan Dampaknya terhadap Kriminalisasi Masyarakat dalam Kasus Penghalangan Pertambangan: Perspektif Hukum yang Inklusif Sirjon, Lade
Rechtsidee Vol. 11 No. 1 (2023): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v12i1.979

Abstract

This normative legal research scrutinizes the implications of criminal provisions concerning parties who hinder mining, and critically investigates an inclusive legal perspective on the penalization of such parties. The research, underpinned by a conceptual and statutory approach, identifies that the ambiguous penal provisions can potentially result in criminalizing local communities engaging in activities perceived as obstacles to mining operations. It highlights a critical contradiction between these punitive measures and the principle of affirmative action within prophetic law. The study also exposes a legal obscurity pertaining to the lack of parameters to define acts that hinder or obstruct mining operations, which contributes to the risk of community criminalization around mining sites. The research culminates in suggesting legal and political strategies to address this issue: a judicial review at the Constitutional Court, and hearings and aspirations at the People's Representative Council (DPR) to revise mining criminal law regulations. This study reveals that such interventions are crucial to ensure lex certa, a component of the principle of legality, which can provide legal certainty to affected communities, thus reducing unwarranted community criminalization.Highlights: Legal ambiguity may criminalize local communities. Current punitive measures contradict affirmative action. Judicial review and legislative amendments are necessary for legal certainty. Keywords: Legal Ambiguity, Mining Obstruction, Community Criminalization, Inclusive Legal Perspective, Affirmative Action.
Redefining Privity of Contract: The Untapped Rights of Consumers in Goods Delivery Agreements: Mendefinisikan Ulang Privity of Contract: Hak-hak Konsumen yang Belum Tersentuh dalam Perjanjian Pengiriman Barang Qois, Ghozi Naufal; Chumaida, Zahry Vandawati; Subagyono, Bambang Sugeng Ariadi
Rechtsidee Vol. 11 No. 1 (2023): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v12i1.980

Abstract

This study critically analyses the entrenched concept of the privity of contract doctrine within the context of goods delivery agreements and its impact on the final consumer, specifically focusing on issues of delayed delivery and consequential losses. Adopting normative legal research methodologies, it employs statutory, conceptual, and case-based approaches to dissect this complex consumer protection issue. The research reveals that while the privity of contract paradigm posits rights and obligations as exclusive to the contracting parties, the final consumer, as the recipient of goods, possesses legal standing in cases of delivery negligence or incurred losses. The study also highlights the consumer's right to delivery in accordance with the agreed terms, even when not a primary party in the agreement, as long as the goods are not for resale. The paper concludes by emphasizing the critical role of judges in assessing immaterial losses based on the principle of ex aequo et bono, thus underscoring a shift towards a caveat vendor approach in consumer law, with significant implications for both business actors and global consumer protection frameworks. Highlights: The concept of privity of contract is not absolute in goods delivery agreements, and the final consumer can possess legal standing in cases of delivery negligence or incurred losses. The recipient of goods, even when not a primary party in the agreement, maintains the right to delivery in accordance with the agreed terms, provided the goods are not intended for resale. Judges play a pivotal role in quantifying immaterial losses, underlining the shift towards a caveat vendor approach in consumer law. Keywords: Privity of Contract, Consumer Protection, Goods Delivery Agreements, Legal Standing, Ex Aequo et Bono.
COVID-19 Crisis and the State of Emergency: Analyzing Impacts, Paradoxes, and Recommendations Neamah, Salim; Rawdhan, Ahmed; Rashed, Haeder
Rechtsidee Vol. 11 No. 1 (2023): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v12i1.989

Abstract

This scientific article examines the exceptional situation that emerged during the COVID-19 pandemic and the subsequent imposition of states of emergency, which raised concerns about potential abuses of power by governments. Employing analytical and comparative approaches, the research explores the connection between the pandemic and its effects on human rights and freedoms, particularly regarding movement and assembly restrictions. The study highlights the diverse implementation of states of emergency across countries during the crisis. The findings reveal international gaps in preparedness, the violation of human rights, and the potential exploitation of emergencies for other purposes. Recommendations include enhancing international cooperation, reevaluating intellectual property rights related to combating epidemics, establishing a global health cooperation fund, setting reasonable limits for emergency measures, and implementing internal monitoring committees to ensure the proportionality of restrictions. These insights have significant implications for global health security, human rights protection, and international collaboration in response to future health emergencies.Highlights: Impact of state of emergency: Examining the repercussions of COVID-19 pandemic emergency measures on human rights. Global health challenges: Assessing health system effectiveness in confronting COVID-19 and its impact on human rights. Recommendations for action: Proposing measures for international cooperation, intellectual property rights reconsideration, establishing a health cooperation fund, setting reasonable emergency limits, and implementing monitoring committees. Keywords: COVID-19, state of emergency, human rights, global health, recommendations.
Enhancing Legal Protection for Digital Transactions: Addressing Fraudulent QRIS System in Indonesia: Meningkatkan Perlindungan Hukum dalam Transaksi Digital: Mengatasi Sistem QRIS Palsu di Indonesia Herryani, Mas Rara Tri Retno
Rechtsidee Vol. 11 No. 1 (2023): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v12i1.990

Abstract

This study examined the legal safeguards necessary to combat fraudulent QRIS systems in digital transactions, focusing on the imperative need to protect consumers who are often more vulnerable than business entities in the digital transaction process. Employing a normative legal research methodology, the study utilized a legislative approach and concept analysis to deliver its findings. The study revealed that preventive legal protection, manifesting as increased public awareness and understanding of the QRIS system, its use, and associated criminal potentials, is essential. Repressive legal protection should be implemented by enhancing the capacity and infrastructure of law enforcement agencies. In cases of internal issues with the QRIS system, the liability of the system's creator or issuer must be clearly defined. The electronic system's execution can be managed by the electronic system provider or delegated to e-business agent operators, underlined by good faith, transparency, accountability, fairness, and prudence. This research underscores the importance of extensive public socialization and training on the use and risks of the QRIS system, providing implications for bolstering consumer protection laws, enhancing law enforcement capacity and infrastructure, and refining electronic transaction regulations in Indonesia. Highlights: The vulnerability of consumers in digital transactions necessitates robust legal safeguards, particularly regarding the use of the QRIS system. Both preventive (educational) and repressive (enforcement) legal protections are vital to combat fraudulent digital transactions and enhance consumer confidence. Enhancing law enforcement capabilities and infrastructure, as well as clearly defining the liability of QRIS system issuers, is imperative for maintaining the integrity of digital transactions. Keywords: Legal protection, digital transactions, fraudulent QRIS, consumer protection, law enforcement capacity.

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