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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 169 Documents
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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.
The Need for National and State Ethics Laws in Indonesia: Perlunya Undang-Undang Etika Berbangsa dan Bernegara di Indonesia Boerhan, Soebagio; Sidharta, Dudik Djaja
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.v11i0.788

Abstract

The study of constitutional law does not only study positive law, but also includes national and state ethics. Indonesia actually has TAP MPR No. 4 on the Ethics of National Life. Although in its application the ethics of nation and state are still not effective in practice in society. This study aims to examine TAP MPR No. VI concerning the Ethics of National Life and its implementation in various aspects and future arrangements. This research is a normative legal research. Legal materials in this study include primary, secondary, and non-legal materials. The approach in this study uses a conceptual approach and a statutory approach. The results of the study confirmed that the implications of TAP MPR No. VI concerning the Ethics of National Life in constitutional law in Indonesia actually requires special arrangements in the Act so that it becomes the Law on the Ethics of National and State Life. The future implementation and regulation of the TAP MPR on National and State Ethics in Indonesian constitutional law can be carried out by establishing a Law on National and State Ethics which contains basic principles and is instrumentally and specifically determined by each agency, profession or group in society, combining the socialization of the four pillars of the MPR with the socialization of awareness of national and state ethics, and making awareness of national and state ethics as part of the national education system.
Triadism Perspective on Payment of Debt Taxes in Complete Systematic Hold Registration Program: What and How? Adytia, Nur Amalina Putri; Anshari SN, Tunggul; Jauharoh, Arini
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.v11i0.789

Abstract

The Complete Systematic Land Registration Program (PTSL) actually has an orientation to provide guarantees of legal certainty. However, the formulation of rules in Ministerial Regulation No. 6/2018 regarding PTSL provides space for not fulfilling three values that must be met by law. This study aims to analyze PTSL Regulations in the perspective of Gustav Radbruch's triadism. This research is a juridical-normative research by prioritizing conceptual and statutory approaches. The results of the study confirmed that from the aspects of fairness, benefit, and legal certainty, the regulation of the payment of taxes payable for the transfer of rights to certified land from the PTSL program as stated in the PTSL Ministerial Regulation has the potential to prevent the three basic legal values from being realized. The non-realization of the three basic legal values above in the formulation of arrangements for payment of taxes payable for the transfer of land rights certified from the PTSL program has the potential to cause injustice in society while minimizing the beneficial aspects of the PTSL program as well as creating legal uncertainty in society regarding the implementation of the PTSL program which has the potential to harm human rights. community as PTSL participants. Revisions to the PTSL Ministerial Regulation, specifically Article 33 paragraph (1) of the PTSL Ministerial Regulation in conjunction with Article 40 paragraph (1) of the PTSL Ministerial Regulation actually aim to fulfill the three basic legal values put forward by Gustav Radbruch, for ensuring justice, expediency, and legal certainty.
The Business Judgment Rule in a Progressive Legal Perspective: Essence and Implications in Indonesia: Business Judgment Rule dalam Perspektif Hukum Progresif: Esensi dan Implikasinya di Indonesia Shafira, Wilda; Izzah, Ananda Elena Nurul; Pamella, Primanadya Dian; Dzakirah, Nabila Ghina
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.v11i0.790

Abstract

The business judgment rule is a concept of business law to provide protection for the directors and commissioners of the company regarding liability due to decisions or policies that harm the company. This concept is important to realize creative and innovative directors in carrying out business practices. This study aims to explore the progressive legal aspects of the business judgment rule concept. This research is a normative legal research oriented to the study of the concept of business judgment rule and the theoretical study of progressive law. The primary legal materials in this study include: the 1945 Constitution of the Republic of Indonesia, the PT Law, and the POJK on the Board of Directors and Board of Commissioners of Issuers or Public Companies. Secondary legal materials include: the results of studies and research that discusses the concept of business judgment rule and progressive law. Non-legal materials include legal dictionaries. The results of the study confirm that the essence of the concept of business judgment rule is to optimize the effectiveness and efficiency of the company. This includes providing guarantees for protection and legal certainty for directors and commissioners regarding liability for company losses that can be excluded through the concept of a business judgment rule. The implications of the business judgment rule in the perspective of progressive law can be done by revising Article 97 paragraph (5) of the Limited Liability Company Law to guarantee the limits of the business judgment rule more specifically so as to ensure legal certainty, prioritizing human values ​​in progressive law as guiding values ​​in reading the formulation of Article 97 paragraph (5) PT Law, as well as the role of judges in court through their decisions to develop the concept of a business judgment rule in practice.
The Legal Position of the Security Unit in the Perspective of Labor Law: Kedudukan Hukum Satuan Pengamanan dalam Perspektif Hukum Ketenagakerjaan Teguh, Pribampudi; Mustakim
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.v11i0.791

Abstract

This study aims to examine the legal position of security guards in relation to labor law aspects. This research is a normative legal research with a concept and statutory approach. The results of the study confirm that the legal position of a security guard in employment law is that in terms of duties and authorities, a security guard actually carries out the duties of the police, but in terms of rights and obligations in general, such as those related to wages, leave, overtime and so on, they should be based on labor provisions as stipulated in the Labor Law and the Job Creation Law. Regarding the guarantee of employment rights for security guards in the perspective of labor law based on the principle of ejusdem generis in general it can be equated with rights for workers in general, such as: the right to adequate wages, the right to leave, the right to health insurance, the right to severance pay, as well as the right to legal protection. However, there are rights that need to get special arrangements related to security guards in their position as special workers such as the right to associate and assemble which need to be further regulated through government regulations and presidential regulations which contain: the position of independent security guards, especially security guards, rights and obligations, as well as efforts and legal mechanisms. Highlights: Dual Role: Security guards perform police duties and have labor law rights. Employment Rights: Guards' rights align with general workers. Special Regulations: Specific rights need further government regulation. Keywords: labor law, security guard, SATPAM
Reconstruction of the Role From the Prosecutor Based on the Socio-Legal Approach: Rekonstruksi Peran Jaksa Berdasarkan Pendekatan Sosio-Legal Rampadio, Hamdan
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.v11i0.792

Abstract

The prosecutor is one of the law enforcement officers who have an orientation to enforce the law in society. The prosecutor in this case does not only apply the law in the form of written texts in the Act, but also looks at the context in social-societal reality. This study aims to explore the socio-legal aspects in implementing the duties of the prosecutor in realizing justice in society. This research is a normative legal research by prioritizing socio-legal aspects. This study uses primary legal materials, namely: the 1945 Constitution of the Republic of Indonesia, the Prosecutor's Law, the Prosecutor's Regulation on Restorative Justice. Secondary legal materials include: books, journal articles, as well as various research results on law enforcement by the Attorney General's Office. Non-legal materials include: various results of non-legal studies on law enforcement by the Attorney General's Office. The approach in this study uses a conceptual approach and a statutory approach. The results of the study confirm that prosecutors in law enforcement in Indonesia are oriented towards law enforcement tasks in the field, which means that prosecutors need to look at non-legal aspects and understand several aspects of social reality in society to maximally enforce the law in society. The urgency of the socio-legal approach regarding the role of prosecutors in Indonesia is to make prosecutors more comprehensive in understanding legal issues that develop in society.
Turn on the Living Law: The Construction and Implications of Living Law in Ratification of Draft Criminal Code (RKUHP): Menghidupkan Living Law: Konstruksi dan Implikasi Living Law dalam Pengesahan Rancangan Kitab Undang-Undang Hukum Pidana (RKUHP) Musmuliady; Jubair; Kasim, Aminuddin
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.v11i0.798

Abstract

Legal provisions that live in society are one of the controversial provisions in the ratification of the Draft Criminal Code (RKUHP). That is because the law in the community is related to legal values written and unwritten in society. This study aims to analyze the legal aspects of culture in RKUHP. This research is normative legal research that puts forward legal issues on the implications of legal arrangements regarding living law in the RKUHP and focuses on using a conceptual and statutory approach. The results of the study confirm that the construction of living law in the community (living law) in the RKUHP, which emphasizes that the living law is customary law, is also formulated simultaneously with the regional role in establishing regional regulations based on the substance of local customary law. In addition, the construction of regional rules to accommodate Article 2 of the RKUHP to regulate the importance of customary law raises legal ambiguity, namely regional rules at the provincial or regency/city level that have the authority to regulate them; so that there is no disharmony of customary law arrangements in the formulation of regional regulations as a follow-up to Article 2 RKUHP. Furthermore, the legal implications related to living law arrangements in the RKUHP, namely the lack of clarity in Article 2 of the RKUHP, including the need for regulation at the regional level through regional regulations, have the potential to cause criminalization based on regional principles
The Reformulation of Abortion Regulations: Study of the Ratio Legis and Ius Constituendum: Reformulasi Peraturan Aborsi: Studi tentang Rasio Legis dan Ius Constituendum Putri, Dinda Fefty Miranda; Azizah, Ainul; Tannuwijaya, Fanny
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.v11i0.799

Abstract

Abortion can actually be carried out with various special provisions based on Law no. 36 of 2009 concerning Health (Health Law) and Government Regulation no. 61 of 2014 concerning Reproductive Health (PP Kespro). This study aims to find out the legal review regarding abortion in relation to the principle of protection for rape victims, as well as to study and formulate an appropriate and appropriate timeframe for carrying out an abortion based on the principle of protection for rape victims. This research is normative legal research by prioritizing conceptual and statutory approaches. The results of the study confirm that the legal ratio for setting the fetal age limit related to abortion for rape victims does not actually explain the reasons or the urgency why the 6 weeks and 40 (forty) days are calculated from the first day of the last menstrual period formulated by the formulators of laws and regulations and only refers to The principle of protecting victims is currently the main orientation of Indonesian criminal law. In the future, the regulation on the principle of protection for victims related to the fetal age limit related to abortion for victims of rape, namely: it is necessary to emphasize the principle of protection for victims in the Health Law. The recommendation of this research is the need for a revision of the Health Law and PP on Produce as based on WHO provisions and with relevant medical considerations.
Meaningful Participation in Local Regulation Making in Indonesia: A Study of Legislative Law: Meaningful Participation pada Pembuatan Peraturan Daerah di Indonesia: Sebuah Kajian Hukum Perundang-undangan Rizqi, Alda Rifada
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.v11i0.801

Abstract

The meaningful participation aspect is one of the conceptions born after the Constitutional Court's decision regarding job creation law. It is carefully considered, as well as the right to obtain answers and justifiable reasons for the aspirations that have been conveyed. This study examines the application of meaningful participation in forming Regional Regulations. This research is normative legal research with a concept and statutory approach. The research results confirm that meaningful participation must also be applied in preparing regional regulations as part of the legislation. In this case, meaningful participation in the drafting of Regional Regulations must also be proportional and meaningful in taking into account the dimensions and aspects of local wisdom in the regions. In a further application, the idea of meaningful participation needs to be strengthened in preparing regional regulations and regional legal products by emphasizing the meaningful participation aspect in the Permendagri regional legal products. That is so that the idea of meaningful participation can be adhered to by the regions in drafting regional legal products, particularly in drafting regional regulations.
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.

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