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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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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.
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
Neglected Elderly: Lacking Welfare Policies in Indonesian Local Governments Said Fitra Akbar; Rifqi Ridlo Phahlevy
Rechtsidee Vol 8 (2021): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v8i0.969

Abstract

This study aimed to examine the social welfare policies for elderly citizens in local government in Indonesia, with a particular focus on the existence of regional regulations that address the needs of this vulnerable population. A normative method was employed, utilizing a statutory approach and deductive analysis of legal materials. The results of the study indicate that not all regions in Indonesia have local regulations that specifically address the welfare of the elderly. This finding highlights the need for increased attention and action from local governments in order to ensure the well-being and protection of elderly citizens. Highlights: The study focused on social welfare policies for the elderly in local government in Indonesia. The research revealed that not all regions in Indonesia have local regulations that specifically address the welfare of the elderly. This highlights the need for increased attention and action from local governments to ensure the well-being and protection of elderly citizens.
Forced Defense in Indonesia: Striking a Balance between Proportionality and Subsidiarity Handy Ariansyah; Emy Rosnawati
Rechtsidee Vol 9 (2021): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v9i0.971

Abstract

This study aimed to assess the compliance of the decision made by the Kepanjen District Court Number 1 /Pid.Sus-Child/2020/Pn Kpn with the provisions of criminal law book of article 49 paragraph 1 and paragraph 2, which govern forced defense as a means of self-defense. Using the normative method, the study examined legal literature to establish the truth of the matter. The study found that a forced defense must adhere to the principles of proportionality and subsidiarity to be considered legitimate. The conclusion drawn from this study is that the decision of the Kepanjen District Court must be evaluated based on these two requirements to establish the legal truth of the matter. Highlights: Proportional and subsidiarity requirements are essential for a forced defense to be considered legitimate. Excessive actions that go beyond the threat faced may not be considered a forced defense. The actions of the victim must be considered in evaluating the legitimacy of a forced defense.
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

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