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Contact Name
Mochammad Tanzil Multazam
Contact Email
rechtsidee@umsida.ac.id
Phone
+6231-8945444
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rechtsidee@umsida.ac.id
Editorial Address
Universitas Muhammadiyah Sidoarjo Jl Majapahit 666 B Sidoarjo
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INDONESIA
Rechtsidee
ISSN : 23388595     EISSN : 24433497     DOI : https://doi.org/10.21070/jihr
Core Subject : Humanities, Social,
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
Search results for , issue "Vol. 12 No. 1 (2024): June" : 5 Documents clear
Iraq's Fragmentation and Its Impact on Global Diplomacy: Fragmentasi Irak dan Dampaknya terhadap Diplomasi Global Aljebori , Saleem F.
Rechtsidee Vol. 12 No. 1 (2024): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v12i1.1017

Abstract

This study explores how Iraq's internal sectarian and ethnic divisions influence its foreign policy and diplomatic relationships. Focusing on the power dynamics among Shia, Sunni, and Kurdish factions, the research employs qualitative analysis to reveal that these internal conflicts significantly shape Iraq’s regional and global engagements. The findings highlight the critical role of domestic political fragmentation in determining the country's foreign policy direction, underscoring the importance of understanding these internal dynamics for international diplomacy and policy-making. Highlights: Internal Politics: Iraq's foreign policy is heavily influenced by the interplay of sectarian and ethnic divisions among Shia, Sunni, and Kurdish factions. Diplomatic Challenges: These internal conflicts shape Iraq's diplomatic engagements, affecting its relations with neighboring countries and global powers. Policy Implications: Understanding the impact of domestic fragmentation is essential for international diplomacy and strategic foreign policy formulation. Keywords: Foreign Policy, Internal Divisions, Sectarian Conflict, Diplomatic Relations, Political Factions
Role of Central Bank of Iraq in Combating Money Laundering Al Rubaie, Samah Hadi
Rechtsidee Vol. 12 No. 1 (2024): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v12i1.1021

Abstract

The Central Bank of Iraq (CBI) plays a pivotal role in addressing money laundering, a critical issue for global financial stability. With the enactment of the Iraqi Anti-Money Laundering and Counter-Terrorist Financing Law No. 39 of 2015, the CBI has taken significant steps to mitigate the risks associated with money laundering. The research aims to delineate the measures implemented by the CBI, including the establishment of the Money Laundering Office and the development of strict supervisory mechanisms. Findings suggest that despite the comprehensive legislative framework, challenges such as political instability and lack of transparency continue to undermine efforts. The CBI's involvement in rigorous supervision and the adoption of international cooperation are crucial to curbing money laundering practices. This study underscores the necessity for enhanced regulatory frameworks and continuous monitoring to effectively combat these financial crimes.Highlights: The Central Bank of Iraq has established significant legal and supervisory frameworks to combat money laundering, as highlighted by Law No. 39 of 2015. Despite robust legal measures, ongoing political and economic instability poses challenges to the effective enforcement of anti-money laundering regulations. International cooperation and stringent supervision are critical to enhancing the efficacy of anti-money laundering efforts in Iraq. Keywords: Central Bank of Iraq, money laundering, legislation, supervision, financial stability
Examining the Role of Indonesia's Constitutional Court as a Positive Legislator: Menelaah Peran Mahkamah Konstitusi Indonesia sebagai Legislator Positif Fikriya, Makhyatul; Sulastri , Dewi; Kania, Dede; Rizqia, Rania Nurul
Rechtsidee Vol. 12 No. 1 (2024): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v12i1.1022

Abstract

The judicial review process is pivotal in democratic governance, ensuring laws align with constitutional mandates. Constitutional Court Decision Number 90/PUU-XXI/2023, addressing amendments to Article 169, letter q of Law Number 7 of 2017 on Elections, has generated significant legal discourse. This study aims to analyze the legal dynamics within this judicial review, employing a descriptive-analytical methodology with a comparative approach. This involves comparing legal systems across different countries to understand the Constitutional Court's controversial role. Traditionally, the court's authority lies in acting as a negative legislator; however, in this case, it has taken on a role akin to a positive legislator, creating potential conflicts with the legislative body. The findings indicate a debate over the court's authority to add norms, revealing a fundamental tension between the judiciary and legislative functions. This decision introduces new legal implications, highlighting the necessity for further analysis to ensure the realization of substantial democracy. The study fills a knowledge gap by providing a comprehensive analysis of the court's expanded role, proposing solutive mechanisms to address the emerging legal challenges and maintain a balanced power dynamic between the judiciary and the legislature. This research underscores the importance of clear delineation of judicial and legislative responsibilities to uphold democratic principles. Highlights: The court's controversial role in amending election law norms. Debates over the court's authority and legislative implications. Need for solutions to maintain democracy and balance of power. Keywords: Judicial Review, Positive Legislator, Constitutional Court, Legal Authority, Democracy
Legal Problems in Managing Environmental Activities in Iraq's Oil and Gas Industry Jaafar Naser Abdulridha; Sattar Jabbar Zayer
Rechtsidee Vol. 12 No. 1 (2024): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v12i1.1025

Abstract

General Background: Oil and gas production is a cornerstone of Iraq's economic development. Specific Background: However, this industry significantly impacts the environment, necessitating the implementation of environmental sustainability systems during production. The current governmental framework, while somewhat organized in hydrocarbon production, lacks a unified law that comprehensively regulates all aspects of oil and gas production, including environmental preservation. Knowledge Gap: Existing environmental laws suffer from poor coordination, complicating the regulation of environmental activities to meet the minimum global standards set by the United Nations Sustainable Development Agenda 2030. Aims: This article aims to analyze the environmental protection measures undertaken by Iraqi administrative authorities in the oil and gas sector, examining the public administration, technical aspects, and related institutions' efforts to mitigate pollution. Results: The study reveals that despite some organized efforts, the regulatory framework is insufficiently coordinated, hindering effective environmental protection. Novelty: The article highlights the chaotic regulatory environment and underscores the urgent need for a unified legal framework and better-coordinated environmental laws. Implications: The findings suggest that Iraq must adopt advanced technologies and modern policies to improve environmental sustainability in its oil and gas industry, aligning with global environmental standards. Proposed measures include enhanced regulatory coordination and the integration of innovative technologies to reduce pollution levels in hydrocarbon production processes.Highlights: Lack of a unified law in hydrocarbon production regulation. Poor coordination of existing environmental laws. Need for advanced technologies to reduce pollution in the oil and gas industry. Keywords: Environmental Protection, Pollution, Regulation, Oil, Gas
Legal Analysis of Unauthorized Waste Dumping by Companies Indriyati, Siti Nuraynul; Rosnawati , Emy
Rechtsidee Vol. 12 No. 1 (2024): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v12i1.1026

Abstract

General Background: Environmental degradation due to human activities has led to significant ecological issues, necessitating robust legal frameworks for environmental preservation and management. Specific Background: In Indonesia, Law Number 32 of 2009 addresses these concerns, highlighting the need for legal regulations to mitigate environmental harm. Knowledge Gap: Despite the existence of such laws, there is a lack of comprehensive understanding regarding the effectiveness and implementation of regulations specifically related to the criminal act of dumping waste by companies. Aims: This research aims to analyze the legal regulations governing the criminal act of waste dumping in environmental media without permission, with a focus on normative legal research methodology. Results: The study reveals that, according to Law No. 32 of 2009 and provincial regulations on waste management, several regencies or cities have established legal frameworks to address this environmental crime, while at least five provinces still lack sufficient regulations. Novelty: This research provides a detailed examination of the regulatory landscape, identifying gaps and inconsistencies in the enforcement of environmental laws across different regions in Indonesia. Implications: The findings underscore the necessity for a more harmonized and stringent regulatory approach at both the provincial and national levels to ensure effective environmental protection and compliance by companies. This study contributes to the existing body of knowledge by offering insights into the legislative and enforcement challenges in environmental law, particularly in the context of criminal activities related to waste management. Highlights: Legal Framework: Examines the effectiveness of Law No. 32 of 2009 and provincial regulations on waste dumping. Regional Disparities: Identifies gaps in regulatory enforcement across different provinces. Normative Research: Emphasizes the use of laws and regulations as primary sources for analysis. Keywords: Legal Arrangements, Waste Dumping, Criminal Acts

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