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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 18 Documents
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Search results for , issue "Vol. 11 No. 2 (2023): December" : 18 Documents clear
Addressing Multi-Unit Residential Management Conflicts: A Legal Study: Mengatasi Konflik Pengelolaan Hunian Multi-Unit: Sebuah Studi Hukum Patanroi, Berlinaldo
Rechtsidee Vol. 11 No. 2 (2023): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v12i2.1006

Abstract

This study delves into the legal complexities and challenges arising from the management dualism disputes within the Association of Occupants and Owners of Flat Units (P3SRS) at the Bogor Valley Apartment. The research adopts a normative juridical approach, focusing on the analysis of primary, secondary, and tertiary legal materials through comprehensive library research. Central to this investigation is the exploration of the authority of P3SRS under Article 27 of the Regulation of the Minister of PUPR Number 14 of 2021. The study reveals that the existing dual administrations within the P3SRS lack the legitimate authority to manage the interests of the apartment's owners and residents as stipulated by the regulation. This situation has led to significant legal issues, primarily triggered by the dismissal and replacement of P3SRS management. The research further examines legal protection mechanisms for residents and owners affected by this dualism, highlighting two primary approaches: 'preventive legal protection' through government-led socialization and awareness campaigns, and 'repressive legal protection' as outlined in existing housing laws and regulations. Additionally, the study discusses the role of the independent Notary Honor Council (MKN) in providing legal protection for notaries concerning their civil responsibilities and the creation of legal documents. The findings underscore the necessity for clear regulatory frameworks and effective legal protection strategies to address and mitigate the challenges posed by management dualism in residential unit associations, providing valuable insights for policymakers, legal practitioners, and residents of multi-unit dwellings.Highlights: The study identifies illegal authority in dual residential management structures, highlighting a lack of legitimate power in handling owner and resident interests. It emphasizes the necessity of preventive legal protection, advocating for government-led awareness initiatives to educate communities about residential management laws. The research underscores the importance of repressive legal measures, detailing how existing housing regulations provide protection against management conflicts. Keywords: Residential Management, Legal Dualism, Preventive Protection, Repressive Protection, Regulatory Framework
Advancing Democratic Engagement in Indonesia's Treaty Ratification Process: Memajukan Keterlibatan Demokratis dalam Proses Ratifikasi Perjanjian di Indonesia Hamdani, Fathul; Asmara, M. Galang; Zunnuraeni
Rechtsidee Vol. 11 No. 2 (2023): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v12i2.1007

Abstract

This study explores the application of the 'meaningful participation' principle in the formation of laws ratifying international agreements in Indonesia, with a focus on social, economic, and environmental sectors. The research adopts a normative legal methodology, utilizing statutory and conceptual approaches to analyze relevant legislation, court decisions, and academic literature. The findings reveal a significant imbalance in public participation in the ratification process, primarily characterized by a top-down approach with minimal substantive dialogue with affected community groups. Despite constitutional provisions allowing the President to establish agreements without ratification, meaningful public participation in legislative and ratification processes remains limited. The study emphasizes the need for open public consultations, active involvement of non-governmental organizations, and private sector engagement to achieve policies that reflect the comprehensive interests and aspirations of the populace. It highlights the importance of community involvement, transparency, economic-environmental balance, and inclusive approaches in influencing meaningful participation levels. The research calls for recommendations to the Government and Parliament to foster more qualitative and significant public participation in the ratification process, aligning Indonesia with international principles of meaningful participation in social, economic, and environmental law. This approach is crucial for Indonesia, as the world's third-largest democracy, to promote meaningful public participation in policy-making, especially in ratifying international agreements impacting the broader society. Highlights: Imbalanced Participation: Dominance of a top-down approach with minimal public dialogue in treaty ratification. NGOs and Private Sector: Essential roles in representing diverse societal interests in legislative processes. Legal and Democratic Alignment: Need for transparent and inclusive law-making, balancing economic and environmental aspects. Keywords: Meaningful Participation, International Treaty Ratification, Public Involvement, Legislative Process, Indonesian Democracy
Policy Formulation of Fraud Offenses in the New Penal Code Concept for Combating Technology-Related Crimes: Kebijakan Formulasi Tindak Pidana Penipuan dalam Konsep KUHP Baru untuk Menanggulangi Kejahatan di Bidang Teknologi Wahid, Abdul
Rechtsidee Vol. 11 No. 2 (2023): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v12i2.1008

Abstract

This study critically analyzes the formulation of criminal offenses related to fraud in the revised Penal Code (KUHP) within the context of contemporary technological advancements. Employing a normative legal research method, the investigation draws on relevant legal literature, legislation, and scholarly publications. The findings reveal inadequacies in the current legal provisions, particularly in addressing cyber fraud facilitated by information technology. The newly introduced Article 492 of the revised KUHP remains rooted in conventional fraud models, lacking the capacity to accommodate digital modus operandi and failing to encompass diverse identity theft techniques and system vulnerabilities. The absence of specific regulations pertaining to electronic transactions, computer networks, and digital systems further underscores the limitations. While the revised KUHP exhibits positive enhancements, urgent revisions are warranted to incorporate comprehensive elements, impose stricter penalties, and reinforce global cooperation in combating cybercrime. The overarching goal is to ensure that criminal provisions remain adaptive and responsive to the dynamic landscape of technology-driven offenses in the future. Highlights: The revised Penal Code inadequately addresses digital fraud, necessitating a comprehensive update to encompass evolving technological modus operandi. Existing legal provisions lack specificity concerning electronic transactions, computer networks, and digital systems, revealing a crucial gap in addressing contemporary cyber threats. Urgent revisions are imperative to fortify criminal statutes, impose stricter penalties, and enhance international collaboration, ensuring a responsive legal framework for combating future technology-based crimes. Keywords: Technological Fraud, Penal Code Revision, Cybercrime Legislation, Legal Adaptation, Global Cooperation
Challenges in Protecting Trafficking Victims' Rights in Indonesia: Tantangan dalam Melindungi Hak-Hak Korban Perdagangan Orang di Indonesia Hidayat, Muchammad Eko; Effendi, Tolib
Rechtsidee Vol. 11 No. 2 (2023): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v12i2.1009

Abstract

This research focuses on the critical analysis of legal frameworks in Indonesia concerning the protection of witnesses and victims in human trafficking cases, scrutinizing the effectiveness and challenges from a perspective of dignified justice. Emphasizing the need for a fair judiciary system, the study delves into the implementation of existing laws and regulations related to the rights and protection of witnesses and victims in Trafficking in Persons (TPP) cases. Employing a normative legal methodology, the research extensively analyzes national and international norms and legal materials, including comparisons between national laws and international conventions such as the Palermo Protocol. Findings reveal that inadequate understanding and awareness among law enforcement about the significance of these rights, coupled with resource constraints, result in identity rights violations for witnesses and victims. Furthermore, challenges such as the perceived threats to witnesses and victims, limited human and financial resources in law enforcement agencies, legal uncertainties in TPP case handling, insufficient international cooperation in law enforcement, and the difficulty in balancing the rights of victims and defendants are identified. The study also highlights the importance of rehabilitation and reintegration policies for victims, suggesting that successful combat against human trafficking transcends judicial processes. Consequently, this research not only investigates existing laws and policies but also identifies gaps and potential improvements to ensure that witness and victim protection in combating TPP aligns with principles of dignified justice. The aim is to contribute significantly to developing a more effective, fair, and rights-sensitive judicial system in Indonesia. Highlights: Law Enforcement Gaps: Limited awareness and resources in protecting victims' rights. Legal and International Hurdles: Challenges in TPP case handling and cross-border cooperation. Rights Balance: Need for equilibrium between victim protection and defendant fairness. Keywords: Human Trafficking, Witness Protection, Legal Framework, Indonesia, Rights of Victims
Evaluating Airline Liability and Compensation in Indonesian Aviation: Mengevaluasi Tanggung Jawab Maskapai Penerbangan dan Kompensasi dalam Penerbangan Indonesia Atmadja, Rossano Tito; Sudiro, Ahmad
Rechtsidee Vol. 11 No. 2 (2023): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v12i2.1010

Abstract

This study investigates the regulatory framework and legal implications of airline liability in the context of air crash victims' rights in Indonesia, focusing on the enforceability of release and discharge agreements imposed by airlines. The research adopts a normative legal method, employing legislative and conceptual approaches to scrutinize primary and secondary legal materials related to aviation accident compensation. The primary sources include the Indonesian Aviation Act No. 1 of 2009, Article 141, and the Minister of Transportation Regulation PM 41 of 2011, alongside the Warsaw Convention of 1929. Secondary sources comprise academic literature, including books, journals, and research reports. The data were analyzed qualitatively, evaluating the extent to which the concepts of release and discharge align with the prevailing legal principles of transportation liability. The findings reveal that the Indonesian aviation regulations mandate airlines to compensate for deaths, permanent disabilities, or injuries resulting from air accidents, including to the heirs, with a cap set at Rp1.25 billion per passenger. However, the legal strength of release and discharge statements is considered weak, as they are not explicitly regulated, potentially disadvantageous to victims forced to sign as a precondition for compensation, and contrary to consumer protection laws prohibiting the shift of airline responsibilities to consumers. The study recommends a thorough government review of these release and discharge provisions to ensure alignment with national aviation laws, consumer protection statutes, and civil codes, emphasizing fairness and the protection of victims' and heirs' rights. This research contributes to the discourse on aviation liability in Indonesia, highlighting the need for legal reforms to uphold justice and certainty in airline compensation practices.Highlights: Weak Legal Foundation: Release and discharge agreements in Indonesia's aviation sector lack explicit legal backing, undermining their enforceability. Conflict with Consumer Laws: These agreements often contradict consumer protection laws by shifting airline responsibilities to consumers. Need for Legal Reform: There is a pressing need for regulatory review and reform to align compensation practices with fairness and legal standards. Keywords: Aviation Liability, Compensation, Release and Discharge, Consumer Protection, Legal Reform
Constitutional Inquiry Rights in Evaluating Constitutional Court Decisions: A Case Study of MK Decision No. 90/PUU-XXI/2023: Hak Angket Konstitusi dalam Mengevaluasi Putusan Mahkamah Konstitusi: Studi Kasus Putusan MK No. 90/PUU-XXI/2023 Razak, Askari; Amin, Fakhry
Rechtsidee Vol. 11 No. 2 (2023): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v12i2.1012

Abstract

This research focuses on analyzing the construction of the parliamentary inquiry right (hak angket) within the context of the controversial Constitutional Court (Mahkamah Konstitusi, MK) Decision No. 90/PUU-XXI/2023 in Indonesia. The decision, which interprets the age requirement for presidential and vice-presidential candidates, has sparked debates about the potential misuse of MK's authority. The study aims to understand the legal construction of the DPR’s parliamentary inquiry in light of the 1945 Constitution and relevant legislations, and to assess its implications on the oversight function of representative institutions. Employing a normative legal research methodology, the study analyzed legislation, legal concepts, and conducted expert interviews and content analysis. The findings reveal that the parliamentary inquiry, as a constitutional right of the DPR stipulated in Article 20A paragraph (2) of the 1945 Constitution, is utilized to assess the impact of MK Decision No. 90/PUU-XXI/2023 on Indonesia’s democracy and electoral system. The study highlights the need for DPR to observe legal provisions and ensure transparency and accountability in its inquiry process, emphasizing the significance of balancing democratic principles, transparency, and protection of citizens’ political rights in the oversight mechanism.Highlights: Parliamentary Inquiry and Democracy: Exploration of the DPR's inquiry right in relation to MK's decision, emphasizing its importance for democratic accountability. Legal and Democratic Implications: Focus on the legal boundaries and democratic significance of applying the inquiry to a judicial decision. Transparency and Accountability: Highlighting the need for transparency and accountability in the parliamentary inquiry process. Keywords: Parliamentary Inquiry, Constitutional Court Decision, Legal Analysis, Indonesian Democracy, Oversight Function
Application of Capital Punishment for Narcotics Offenders in the Perspective of Responsive Law: Penerapan Sanksi Pidana Mati terhadap Pelaku Kejahatan Narkotika dalam Perspektif Hukum Responsif. Pahlevi, Muhammad Alief Yunas; Haruni, Catur Wido; Prasetyo, Said Noor
Rechtsidee Vol. 11 No. 2 (2023): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v13i1.1013

Abstract

This study employs a normative legal research method, grounded in the Nonet and Selznick theory of responsive law, to examine the implementation of capital punishment for narcotics offenders in Indonesia. Evaluating the punitive measures through the lens of responsiveness to societal goals, participation of vulnerable groups, and legal institutions' balanced response, the research highlights the need for a nuanced approach. Findings indicate that the current use of capital punishment lacks effectiveness and contradicts human rights principles. The study suggests a reassessment, prioritizing rehabilitation and decriminalization for a more humane and sustainable approach to combating narcotics trafficking. Highlights: The study reevaluates the application of capital punishment for narcotics crimes in Indonesia through the lens of responsive legal principles. Findings underscore the ineffectiveness of the current punitive measures and their conflict with human rights norms. The research advocates for a reconsideration of the approach, emphasizing rehabilitation and decriminalization to achieve a more humane and sustainable strategy against narcotics trafficking. Keywords: Capital Punishment, Narcotics Offenses, Responsive Law, Human Rights, Rehabilitation.
Digitalization of the Legal System: Opportunities and Challenges for Indonesia: Digitalisasi pada Sistem Hukum: Peluang dan Tantangan bagi Indonesia Multazam, Mochammad Tanzil; Widiarto, Aan Eko
Rechtsidee Vol. 11 No. 2 (2023): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v12i2.1014

Abstract

This study aims to analyze the impact and challenges of digitalization in the Indonesian legal system, focusing on its implications for legal education, data security, and professional readiness. Adopting a qualitative approach, the research synthesizes discussions on the evolution of legal processes in response to technological advancements. Findings highlight that digitalization offers efficiencies and transparency yet poses significant cybersecurity risks. The study underscores the urgent need for enhanced digital literacy and legal education reform, emphasizing skills in AI and blockchain technology. The implications of this study are pivotal for policymakers and educators as they navigate the balance between embracing digital innovation and addressing the associated risks in the legal domain. Highlights: Digital Technologies' Impact: Digitalization, especially through the E-Court program, significantly enhances the efficiency and transparency of legal processes in Indonesia. Challenges in Implementation: Key obstacles include the digital divide between urban and rural areas, slow adaptation of legal frameworks, and concerns over data privacy and cybersecurity. Need for Strategic Governance: Effective digital transformation in the legal system requires comprehensive strategies, improved cybersecurity, and the adaptation of legal professionals to technological advancements. Keywords: Digitalization, Indonesian Legal System, Big Data, Blockchain, Artificial Intelligence

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