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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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Evaluating the Construction and Limitations of Opportunism Principle in Indonesian Judiciary: Mengevaluasi Konstruksi dan Keterbatasan Asas Oportunisme dalam Peradilan di Indonesia Ishwara, Ade Sathya Sanathana
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.v12i2.982

Abstract

This research scrutinizes the construction, limitations, and parameters of the opportunism principle concerning public interest within the framework of progressive law in Indonesia, employing a normative legal research methodology. The study intricately analyzes legislative regulations through the lens of progressive law theory, incorporating primary legal materials such as the 1945 Constitution of the Republic of Indonesia, the Criminal Procedure Code, and the laws governing the Judiciary and the Prosecution Service. The preliminary findings indicate a nebulous state in the conceptual evolution of the opportunism principle in Indonesia, characterized by a lack of explicit standards and limitations in its implementation. Furthermore, the study identifies a pressing need for a more stringent selection mechanism and orientation towards the opportunism principle for prospective Attorney Generals to foster legal certainty and diminish community legal uncertainty. This study aims to contribute towards fostering a robust jurisprudential foundation, enhancing the role and moral authority of the Attorney General in the criminal justice system.Highlights: Conceptual Ambiguity: Current ambiguities in the opportunism principle necessitate clearer implementation standards in Indonesia. Legal Reforms: The study advocates for pivotal legal reforms to bolster the Attorney General's moral authority and role within the justice system. Implications on the Attorney General's Role: The research highlights the necessity for improved training and stricter selection procedures for prospective Attorney Generals. Keywords: Opportunism Principle, Progressive Law, Indonesian Judiciary, Legal Certainty, Attorney General
Sniffing Cybercrimes in M-Banking via WhatsApp: Comparative Legal Framework and Implications: Sniffing Cybercrime di M-Banking via WhatsApp: Kerangka Hukum Komparatif dan Implikasinya Aziziyah, Tsania; Purwoleksono, Didik Endro; Rachman, Taufik
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.v12i2.985

Abstract

This normative legal research investigates the regulatory landscape and legal responsibilities surrounding sniffing cybercrimes in mobile banking (M-Banking) operations via the WhatsApp application. The study uniquely aligns its analysis with established laws like the Information and Electronic Transaction Law (UU ITE) and the Personal Data Protection Law (UU PDP), elucidating the nuances in sanctions stipulated by these respective legislations. It reveals that the UU ITE and its amendments carry more severe sanctions than the UU PDP. However, based on the lex specialis derogate legi generalis principle and teleological/sociological interpretations of the law's purpose, it concludes that Article 67 (1) of UU PDP governs such sniffing offenses in M-Banking via WhatsApp. The implicated legal liability includes a maximum prison sentence of five years and/or a fine up to five hundred billion rupiah. Moreover, the research underscores the accountability of banking institutions to compensate for the losses suffered by victims, encompassing the replacement of the full or partial account balance or other agreed forms of responsibility. These findings have critical implications for cybersecurity regulations, and the banking sector's duty of care towards customers in the digital era.Highlights: Disparity: Penalties under UU ITE and UU PDP differ for sniffing cybercrimes. Governing Law: Sniffing crimes in M-Banking via WhatsApp fall under UU PDP, Article 67 (1). Liability: Banks are responsible for compensating victims' losses. Keywords: Sniffing Cybercrimes, M-Banking, WhatsApp, Legal Framework, Bank Accountability.
Strengthening Land Law Reforms through Legal Pluralism in Indonesia: Memperkuat Reformasi Hukum Pertanahan melalui Pluralisme Hukum di Indonesia Damanik, Pandapotan
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.v12i2.993

Abstract

This study explores the urgent need for reforms in Indonesia's land law system, specifically focusing on incorporating legal pluralism into the national legal framework. Utilizing a normative legal research method, the study scrutinizes primary and secondary legal documents, including the 1945 Indonesian Constitution, the Basic Agrarian Law, and the Job Creation Law, while also incorporating insights from related literature. The main finding indicates that although the Basic Agrarian Law (UUPA) has attempted to blend principles of customary and religious law into the national land law framework, its implementation still exhibits signs of weak legal pluralism, where state law dominates. This research suggests that adopting legal pluralism as a foundational principle in the UUPA could serve as a catalyst for fostering greater harmony between state and non-state laws, encouraging the development of policies that are more accountable and responsive to local realities. This holds significant implications in promoting agrarian justice and sustainability in land management in Indonesia, offering vital insights for ongoing legal reform efforts. Highlights: Inadequate integration of customary and religious law principles in the existing Basic Agrarian Law (UUPA). The potential of legal pluralism as a foundation to foster greater harmony between state and non-state laws. The urgent need for responsive policies that align with local realities to promote agrarian justice and sustainable land management in Indonesia. Keywords: Legal Pluralism, Land Law Reform, Agrarian Justice, Policy Development, Indonesian Constitution
Vicarious Liability in Personal Data Protection: Vicarious Liability dalam Perlindungan Data Pribadi Claudia, Zulian; Gunadi, Ariawan
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.v12i2.995

Abstract

This study explores the legal responsibility and ideal concepts in compensating victims of personal data misuse, focusing on the ambiguous regulations within Indonesia's Personal Data Protection Act (UU PDP). The research, conducted through a normative-juridical approach employing conceptual and legislative methods, assessed primary legal materials including UUD NRI 1945 and UU PDP, along with secondary legal materials like books, journals, and non-legal materials such as language dictionaries. The results identified an existing lack of clarity in the UU PDP regarding the embraced accountability concept, potentially impairing the optimal filing of compensation claims by personal data subjects. It concluded that adopting the legal accountability concept of vicarious liability could ensure legal certainty for victims and simplify obtaining compensation for personal data misuse. The study implies the necessity for the adoption of vicarious liability, particularly in compensating victims of data misuse, by future institutions involved in personal data protection. Highlights: Ambiguity in Regulation: The UU PDP's lack of clarity concerning legal accountability may lead to suboptimal compensation claims for personal data subjects. Ideal Concept Identified: The vicarious liability concept was determined as an ideal basis for legal accountability in compensating victims of personal data misuse. Implication for Future Institutions: The findings suggest the importance of adopting vicarious liability in future data protection institutions, particularly regarding compensation for data misuse victims. Keywords: Vicarious Liability, Personal Data Protection, Legal Responsibility, Compensation, Normative-Juridical Analysis
Redefining Bankruptcy Law: Incorporating the Principle of Business Continuity for Fair Debt Resolution: Mendefinisikan Kembali Hukum Kepailitan: Memasukkan Prinsip Kelangsungan Usaha untuk Penyelesaian Utang yang Adil Kiemas, Andre; Matheus, Juan; Gunadi, Ariawan
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.v12i2.996

Abstract

This study critically examines the inadequacies of the current Indonesian Bankruptcy Law, highlighting the conflicting nature of its debtors' insolvency declaration mandate, as stated in Article 2, verse (1). The research explores the philosophical basis of incorporating the principle of business continuity into future bankruptcy regulations to ensure fair, rapid, transparent, and efficient debt resolution for both debtors and creditors. Employing a normative legal research methodology, the paper investigates the inherent values of justice, legal certainty, and interests, along with general and bankruptcy principles. The study posits that the essence of bankruptcy law is not merely to protect creditors but also to ensure the survival and continuity of debtor businesses. The findings reveal that existing bankruptcy procedures, including insolvency examinations and financial report analysis, could be refined to better safeguard debtor businesses. This paper argues that an explicit elaboration of the business continuity principle in bankruptcy legislation could promote balanced legal protection in insolvency proceedings. The implications of this research can guide legislative reforms, ensuring a more equitable and efficient debt resolution process in the Indonesian bankruptcy system.Highlights: The current Indonesian Bankruptcy Law struggles with issues of fairness and efficiency in resolving debt problems. The principle of business continuity should be explicitly incorporated into bankruptcy legislation to ensure balanced protection for both debtors and creditors. Legal examination mechanisms, such as insolvency examinations and financial report analysis, could be further refined to safeguard debtor businesses more effectively. Keywords: Indonesian Bankruptcy Law, Debt Resolution, Business Continuity, Normative Legal Research, Legal Protection.
Individual Corporations in Indonesia: Fostering Economic Growth and Fairness through Simplified Business Formation: Perusahaan Perseorangan di Indonesia: Mendorong Pertumbuhan Ekonomi dan Keadilan melalui Penyederhanaan Pendirian Usaha Faried, Femmy Silaswaty; Putri, Hanuring Ayu Ardhani; Arum, Dyah Ayu Sekar; Az-Zahra, Shaffanisa Alivia
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.v12i2.998

Abstract

In the pursuit of an organized and conducive business environment, the Indonesian government has ratified the Job Creation Law, introducing a legal concept of Individual Corporations for small and medium-sized entrepreneurs (UMK). This normative study employs a conceptual approach through Economic Analysis of Law, using primary, secondary, and non-legal materials to analyze the implications and orientation of this policy. The research findings suggest that the implementation of Individual Corporations, requiring only one founder or shareholder for establishment, leads to ease in creation and expansion of micro-small businesses, potentially impacting the ease of doing business index positively. This policy also fosters a proportionately growing, fair national economic structure, and is expected to enhance employment opportunities. The introduction of Individual Corporations represents a significant change in Indonesia's corporate law, aligning with national goals to improve investment conditions.Highlights: Introduction of Individual Corporations requiring only one founder simplifies business formation. Positive impact on the ease of doing business index and alignment with national investment goals. Fosterment of a proportionate, growing, and fair economic structure, enhancing employment opportunities. Keywords: Individual Corporations, Economic Growth, Small Entrepreneurs, Business Formation
Legitimacy of the Notary Inspection Board within the Indonesian Legal Framework: Legitimitasi Majelis Pemeriksa Notaris dalam Kerangka Hukum Indonesia Mubaroq, Ahmad Muhajir Firrizqi; Muljosantoso, Sugeng; Anggraeni, Dessi; Tabroni
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.v12i2.999

Abstract

This study examines the position and legitimacy of the establishment of a Notary Inspection Board within the Indonesian legal framework, with a particular focus on the Law on Notary Position (UUJN) and Ministerial Regulation of Law and Human Rights (Permenkumham) Number 15 of 2020. The research employs a normative legal method to scrutinize norms within the UUJN and Permenkumham 15/2020, prompted by perceived normative disharmony between these regulations regarding oversight and sanctioning of notaries. Contrary to prior research that suggested a normative disharmony, this study finds that the Inspection Board acts on behalf of the Notary Oversight Board, as its members are part of the latter, with duties delegated by the Chairperson of the Notary Oversight Board. Thus, Permenkumham 15/2020 does not contradict the UUJN. Nevertheless, for greater clarity, the study recommends revisions to Permenkumham 15/2020, emphasizing the basis of authority and formation of the Inspection Board.Highlights: No legal disharmony between Ministerial Regulation 15/2020 and the Law on Notary Position. Notary Examination Board is part of the Notary Supervisory Board. Amendments to Regulation 15/2020 are suggested for clearer authority and establishment process. Keywords: Notary Examination Board, Notary Supervisory Board, Ministerial Regulation 15/2020, Law on Notary Position, legal harmonization.
Fairness Principles in Islamic Social Funds: An Analysis of Zakat and Wakaf Management in Indonesia: Prinsip Keadilan dalam Dana Sosial Islam: Analisis Pengelolaan Zakat dan Wakaf di Indonesia Susila, Sugeng; Alhadiansyah; Djunastuti, Erni; Marnita; Prihatin, Angga
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.v12i2.1001

Abstract

This study explores the implementation of the fairness principle in the management of Islamic social funds through zakat and wakaf in Indonesia, guided by existing legal frameworks and theoretical sources. Employing a legal approach, it critically examines and evaluates various laws related to the management of Islamic social funds in Indonesia. The research method utilized is a normative legal study focusing on theoretical examination and analysis of relevant legal documents and regulations. The findings reveal that the management of zakat and wakaf in Indonesia reflects the Fairness Principle, aiming to ensure just and equitable distribution and utilization of Islamic social funds. Such just management has significantly positive impacts on economic empowerment and societal welfare in Indonesia, enhancing education access, social infrastructure strengthening, productive business development, and empowerment of vulnerable groups, thus reducing poverty and social inequality. Collaboration between Islamic social fund institutions, government, and society is crucial to ensuring effective and sustainable utilization in enhancing Indonesia's overall economic welfare and societal well-being.Highlights: Implementation of the fairness principle in managing Islamic social funds (zakat and wakaf) ensures equitable distribution and utilization. Management significantly impacts economic empowerment and societal welfare in Indonesia. Strong collaboration between institutions, government, and society is key to effective and sustainable utilization of zakat and wakaf. Keywords: Zakat, Wakaf, Fairness Principle, Economic Empowerment, Welfare Enhancement
Prophetic Business Orientation in Corporate Law Efforts to Incorporate Aspects of Divinity and Justice in Business Law: Orientasi Bisnis Profetik dalam Hukum Perusahaan: Upaya Menghadirkan Aspek Ketuhanan dan Keadilan dalam Hukum Bisnis Sadnyini, Ida Ayu; Kurniawan, I Gede Agus
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.v12i2.1005

Abstract

This article explores the integration of prophetic business orientation, which combines religious and ethical values into corporate law, in the context of globalized modern economics. It employs a normative research methodology and legislative approach, analyzing the incorporation of values like transparency, ethics, and religious principles in Indonesian corporate law. The study reveals challenges related to legal uncertainty, corruption, unequal access to justice, and gender inequality in the workplace. Legal reforms and improved law enforcement are vital to promote ethical values and justice in contemporary business practices. Highlights: Ethics in Business: The study explores the concept of prophetic business orientation, emphasizing the integration of ethical and religious values into corporate law. Multi-Faceted Implementation: It highlights the diverse aspects involved in the implementation of prophetic business orientation, from transparency to environmental sustainability. Challenges and Necessity for Change: The research underscores the challenges, including legal uncertainty and corruption, and the need for legal reforms to promote ethical values and justice in modern business practices. Keywords: Prophetic Business Orientation, Corporate Law, Ethical Integration, Values in Business, Legal Reforms
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

Page 13 of 17 | Total Record : 169

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