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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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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
Implementing Pancasila Economic System through BUMDes: A Legal Analysis on Desa Empowerment and Indonesia's Legal Framework: Menerapkan Sistem Ekonomi Pancasila melalui BUMDes: Analisis Hukum tentang Pemberdayaan Desa dan Kerangka Hukum Indonesia Jayantara, Made; Kurniawan, I Gede Agus
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.v10i0.975

Abstract

This normative legal study aims to analyze the application of the Pancasila economic system in Desa through BUMDes. The research focuses on two legal issues: the urgency of implementing the Pancasila economic concept in Desa and constructing Indonesia's legal framework through BUMDes practices. The research results show that Desa requires empowerment and welfare improvement, making the implementation of the Pancasila economic system crucial. BUMDes is expected to implement the Pancasila values in its economic system and prioritize fair distribution of economic resources and community welfare. The legal construction of Indonesia through BUMDes practices can be done by adopting Pancasila economic values and principles of kinship and cooperation. The implication of this study is to encourage policymakers to promote the implementation of the Pancasila economic system and BUMDes practices in empowering Desa and constructing Indonesia's legal framework.Highlights Urgency of implementing Pancasila values in Desa for empowerment and welfare improvement. BUMDes as a means to implement Pancasila economic system and prioritize fair distribution of resources. Legal construction of Indonesia through adoption of Pancasila economic values and principles of kinship and cooperation. Keywords: Pancasila economic system, BUMDes practices, Desa empowerment, Legal framework, Fair distribution.
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.
Cartel Practices in Indonesian Tyre Industry: Assessing the Role of the Indonesian Tyre Business Association: Praktek Kartel Pada Industri Ban Indonesia: Meninjau Peran Asosiasi Perusahaan Ban Indonesia Susanto, Indra; Markoni, Markoni
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.v12i1.991

Abstract

This study examines the legal standing of the Indonesian Tyre Business Association (APBI) in light of the KPPU Decision Number 08/Pdt.G/KPPU-I-2014 concerning tire cartel violations in the Indonesian automotive industry. Utilizing normative legal research methods focusing on positive legal norms, the study identifies and systematizes violations of business competition rules by six major APBI member companies between 2008 and 2012, and critically analyzes and interprets the evidentiary basis of these findings. The companies allegedly colluded on tire pricing, manipulating the market for Passenger Car Radial (PCR) tires and inducing unfair business competition. The study asserts that, while the APBI's role in facilitating this collusion was apparent, its legal liability remains unclear due to the association's ability to influence member practices without a binding enforcement mechanism. These findings raise critical implications for market competition and cartel law enforcement, necessitating a re-evaluation of the legal provisions surrounding business associations, especially in the context of Indonesia's anti-monopoly and unfair competition laws.Highlights: APBI's facilitation of cartel behavior among its members. Unclear legal liability of business associations in anti-competitive practices. Need for re-evaluation of legal provisions surrounding business associations. Keywords: Cartel, Indonesian Tyre Business Association (APBI), Unfair Business Competition, Competition Law, Indonesian Tyre Industry
Trademark Infringement: An Analysis of the Gudang Garam versus Gudang Baru Case and Its Global Implications: Pelanggaran Merek Dagang: Analisis Kasus Gudang Garam versus Gudang Baru dan Implikasi Globalnya Goesman, Goesman; Markoni, Markoni
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.v12i2.992

Abstract

This study conducts a qualitative analysis of the trademark dispute between Gudang Garam and Gudang Baru concerning brand names and imagery on products, employing a case study method alongside normative legal and conceptual approaches. The research delves into the judges' legal considerations and the trademark rights arrangement, focusing on Gudang Garam, a renowned brand. The results establish that Gudang Baru violated the 2016 trademark registration provisions (Article 1 Paragraph (1) of Law N 20 and Article 18 Paragraph (3) of Ministerial Regulation No. 67), prompting the Intellectual Property Office to reject all applications. This case underlines the importance of respecting well-established brands and legal implications for trademark registrations, informing future practices in the field.Highlights: Violation of trademark registration provisions by Gudang Baru. Enforcement of the trademark rights of well-known brand Gudang Garam. Legal implications influencing future trademark registration practices. Keywords: Trademark Dispute, Gudang Garam, Gudang Baru, Trademark Registration, Legal Implications.
Legal Protection Mechanisms and Consequences for Medical Negligence in Healthcare Services: Mekanisme Perlindungan Hukum dan Konsekuensi atas Kelalaian Medis dalam Pelayanan Kesehatan Njoto, Harsono
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.v12i1.994

Abstract

This study critically examines the role of legal safeguards in enhancing healthcare service quality. Utilizing normative legal research methods, the study employs legislative and conceptual approaches to explore the dual nature of legal protection: preventive and repressive, in the context of healthcare professionals adhering to established Standard Operating Procedures (SOPs). The findings suggest that healthcare practitioners' negligence level and the resultant harm to patients or the public determines the legal implications. Such implications range from allegations of SOP and ethical code violations, to civil litigation for damages, and even criminal charges if medical actions endanger lives, potentially causing patient mortality. Therefore, the study highlights the necessity for legal accountability for healthcare practitioners, emphasizing that their service delivery must align with the set SOPs. These findings have profound implications for policy-making, emphasizing the need for robust legal protection for both healthcare practitioners and service recipients, thereby ensuring improved healthcare service quality.Highlights: Dual nature of legal protection in healthcare. Negligence level dictates legal consequences. Emphasis on healthcare practitioners' legal accountability. Keywords: Legal Protection, Healthcare Services, Medical Negligence, Standard Operating Procedures, Legal Consequences
Juridical Assessment of Collateral in Microfinance: A Statutory Approach: Penilaian Yuridis terhadap Agunan dalam Pembiayaan Mikro: Sebuah Pendekatan Hukum Purwaningsih, Sri Budi
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.v12i1.997

Abstract

This research investigates the juridical appraisal procedure employed by Microcredit Banks in Indonesia for land and building collateral. Utilizing a statute approach, the study scrutinizes both the subject (ownership status) and object (land location, boundaries, land status, and proof of ownership) of the collateral. The assessment also considers taxation aspects, including the Non-Tax State Revenue (NJOP) value, transaction price, and market price. The findings reveal that a comprehensive analysis incorporating these diverse aspects is necessary for accurate valuation. The study underscores the vital role of collateral evaluation in loan disbursement, emphasizing that banks need to ensure that collateral meets all credit security conditions. Consequently, in the event of borrower default, banks can legally seize the collateral to recoup the outstanding debt. The findings have implications for enhancing microcredit banking regulations and for bolstering the legal protections of both banks and borrowers.Highlights: Juridical appraisal procedure adopted by Microcredit Banks crucially considers both the subject and object of land and building collateral. Taxation aspects, including the Non-Tax State Revenue (NJOP) value, transaction price, and market price, are integral to the comprehensive evaluation of collateral. Ensuring that collateral meets all credit security conditions is a paramount step in loan disbursement, providing legal protections for banks to recoup outstanding debt in the event of borrower default. Keywords: Microcredit Banks, Collateral Evaluation, Juridical Assessment, Credit Security, Indonesian Banking Regulations.

Page 12 of 17 | Total Record : 169

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