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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 179 Documents
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The Conflict and Competition among Regional Powers and its Effect on the Region’s Stability: Konflik dan Persaingan Antar Kekuatan Regional dan Pengaruhnya terhadap Stabilitas Kawasan Aljebori, Saleem F.
Rechtsidee Vol. 12 No. 2 (2024): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v12i1.1023

Abstract

This article explores the longstanding regional animosities and power rivalries among Turkey, Iran, and Saudi Arabia in the Middle East, focusing on their impact on regional peace and stability. Despite extensive research on Middle Eastern geopolitics, there is a need for a comprehensive understanding of how these rivalries shape the region's security dynamics. The study aims to analyze the geopolitical goals driving these powers towards regional dominance, including territorial disputes, religious or ethnic tensions, resource distribution issues, and ambitions to alter the regional structure. Using qualitative analysis of historical and contemporary conflicts, the research highlights how sectarian warfare, proxy wars, and transnational violence contribute to regional instability. The findings reveal that the use of proxies by regional powers exacerbates tensions, leading to humanitarian crises and escalating conflicts. This study underscores the necessity for diplomatic interventions and international cooperation to mitigate the adverse effects of these rivalries on the Middle East's stability. Highlights: Dominance Goals: Driven by territorial, religious, and resource issues. Proxy Wars: Heighten instability and humanitarian crises. Regional Impact: Escalate tensions and threaten peace. Keywords: Middle East, Proxy Wars, Sectarianism, Geopolitical Interests, Destabilization
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
Legal Analysis of CSR Practices on Community Welfare in the Textile Industry: Analisis Hukum Praktik CSR terhadap Kesejahteraan Masyarakat di Industri Tekstil Yosie Saputri, Maharani Octavia; Suharto, Achmad; Taufiqurohman, A. H. As’ari; Aulia, Aulia; Wibowo, Dwi Edi
Rechtsidee Vol. 12 No. 2 (2024): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v12i2.1027

Abstract

General Background: Corporate Social Responsibility (CSR) is integral to sustainable economic development and improving community welfare through responsible corporate engagement with stakeholders and the environment. Specific Background: The application of CSR varies significantly across different industrial sectors, influenced by local regulations and company-specific challenges. Knowledge Gap: Comprehensive analysis on the legal aspects and practical implications of CSR in specific industries, such as textile manufacturing, remains limited. Aims: This study aims to evaluate the legal frameworks governing CSR and their impact on community welfare within the textile industry. Results: Findings reveal effective integration of CSR, with a focus on education, health, and environmental sustainability, aligning with legal standards of transparency and accountability. Novelty: The research provides a focused analysis on legal CSR mandates within the textile sector, highlighting specific corporate practices and compliance. Implications: The study highlights the necessity of aligning corporate strategies with legal and ethical standards to enhance social and environmental wellbeing, suggesting more equitable CSR implementation across industries. Highlights: Legal Compliance: Adherence to CSR laws ensuring transparency and accountability. Community Impact: Effectiveness of CSR in improving local welfare, especially in education and health. Sustainability Practices: Integration of environmental sustainability in corporate strategies. Keywords: Corporate Social Responsibility, Community Welfare, Transparency, Accountability
Punishment for Perpetrators with Special Needs (Disability) in the Current Criminal Process : Pemidanaan terhadap Pelaku Berkebutuhan Khusus (Disabilitas) dalam Proses Pidana Saat Ini Rahayu, Lutfah
Rechtsidee Vol. 12 No. 2 (2024): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v12i2.1030

Abstract

General background of this research emphasizes the state's vital role in ensuring the rights of persons with disabilities within the legal framework, particularly in criminal proceedings. The specific background highlights the challenges these individuals face in the justice system, often encountering biases that hinder their access to justice. The knowledge gap identified indicates a lack of comprehensive research on the legal treatment and punishment of offenders with disabilities in Indonesia, especially under the new Criminal Code. This research aims to analyze punishment implementation for such offenders and the collaboration between judges and psychiatrists for fair legal processes. The results reveal that a normative descriptive method, incorporating expert assessments and judicial discretion, is crucial for adjudicating these cases. The novelty lies in proposing a collaborative approach that encourages judges to consider legal principles alongside individual circumstances. The implications advocate for systemic reforms to enhance protections and treatment of persons with disabilities in the criminal justice system, ensuring equitable rights and justice for all citizens. This study contributes to the dialogue on legal reform and social justice, urging policymakers to foster an inclusive legal environment. Highlights: Emphasizes the importance of integrating expert assessments in legal proceedings for offenders with disabilities. Advocates for a collaborative approach between judges and psychiatrists to ensure fair treatment. Highlights the need for systemic reforms to protect the rights of persons with disabilities in the justice system. Keywords: Disability, Punishment, Legal Reform, Equality, Criminal Offenders
Judicial Reduction of Penalties in Georgian Civil Law: Balancing Debtor and Creditor Rights Rekhviashvili, Natia; Kharitonashvili, Nino
Rechtsidee Vol. 12 No. 2 (2024): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v12i2.1031

Abstract

General Background: Judicial discretion in the reduction of penalties plays a crucial role in balancing the interests of contracting parties under the Civil Code of Georgia. Specific Background: Article 420 grants courts the authority to reduce disproportionately high penalties, yet the lack of explicit legal criteria leaves room for case-by-case judicial interpretation. Knowledge Gap: Despite the volume of case law, there remains no standardized framework guiding courts in determining what constitutes an “inappropriately high” penalty. Aims: This study seeks to analyze Georgian court decisions to identify patterns and criteria employed when reducing penalties under Article 420. Results: The findings reveal that courts emphasize proportionality, reasonableness, and the specific circumstances of the breach, including the degree of fault and the scope of unfulfilled obligations. Moreover, the financial status of the parties and market expectations further influence judicial decisions. Novelty: This article consolidates judicial practices to offer a comprehensive framework for reducing penalties, contributing to both theoretical understanding and practical application in legal practice. It introduces a calculation methodology and suggests criteria for equitable penalty reduction in specific legal relationships. Implications: These insights will support legal practitioners in formulating fairer contracts, assist courts in maintaining contractual balance, and guide future legal reforms, fostering both justice and efficiency in contractual relationships.Highlights: Georgian courts use proportionality and reasonableness to reduce penalties under Article 420. The absence of explicit legal criteria allows case-by-case interpretation, ensuring flexibility but creating inconsistency. Financial status, market expectations, and fault degree influence the court’s discretionary decisions. Keywords: Penalty, Discretionary Power, Civil Code, Contractual Balance, Judicial Practice
Reconstructing the Requirements for an Incumbent Candidacy to Achieve Fair dan Democratic Regional Elections: Merekonstruksi Persyaratan Pencalonan Petahana untuk Mewujudkan Pilkada yang Adil dan Demokratis Fauzia, Ana; Salman, Radian
Rechtsidee Vol. 13 No. 1 (2025): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v13i1.1037

Abstract

General Background: Regional elections play a crucial role in democratic governance, ensuring public participation in leadership selection. However, fair electoral competition is often challenged by the undue advantage of incumbent candidates. Specific Background: Indonesia’s Law No. 10 of 2016 permits incumbent regional heads to take a leave of absence during elections rather than resigning, raising concerns about potential abuse of power. Knowledge Gap: While existing studies discuss election regulations, limited research has specifically examined the urgency of mandatory resignation for incumbents seeking re-election. Aims: This study evaluates the fairness of incumbent candidacy requirements and proposes legal reforms to prevent electoral manipulation. Results: The analysis reveals that the leave requirement is insufficient to prevent conflicts of interest, as incumbents retain influence over state resources, policies, and personnel. Comparative legal frameworks from other countries suggest that a resignation mandate can enhance electoral integrity. Novelty: This research uniquely emphasizes the necessity of reconstructing candidacy rules to include mandatory resignation, drawing on constitutional principles of fairness and equality. Implications: The findings advocate for legislative amendments to establish a resignation requirement for incumbents, thereby strengthening democratic processes and ensuring a more equitable electoral system. Highlights: Incumbent Advantage: Allowing leave instead of resignation enables unfair use of state resources. Legal Reform Needed: Mandatory resignation ensures equal competition in elections. Democratic Integrity: Strengthening regulations prevents power abuse and promotes fairness. Keywords: Regional Head, Elections, Incumbent Candidacy, Reconstruction
Streamlining Regional Regulations with Omnibus Law for Legal Harmonization: Penyederhanaan Peraturan Daerah dengan Omnibus Law untuk Harmonisasi Hukum Purwanto, Purwanto; Sulaksono, Sulaksono; Tamsil, Tamsil; Prasetio, Dicky Eko
Rechtsidee Vol. 12 No. 2 (2024): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v13i1.1038

Abstract

Background: Regional regulations (Perda) in Indonesia often face issues of overlap and inefficiency. Specific Background: The Omnibus Law method, known for simplifying and harmonizing regulations, has been applied nationally but remains underexplored locally. Knowledge Gap: Its practical application at the regional level, including challenges and opportunities, lacks sufficient research. Aims: This study examines the legal reconstruction of Perda using the Omnibus Law to improve regulatory efficiency and alignment with national laws. Results: The method streamlines regulations, enhances coherence, and boosts legal certainty but faces challenges such as stakeholder resistance and capacity limitations. Novelty: The research highlights the method's transformative potential for resolving Indonesia's regulatory complexities. Implications: It advocates for capacity-building, participatory processes, and effective oversight to achieve cohesive and responsive governance. Highlights: Regulatory Simplification: The Omnibus Law integrates overlapping regional laws into a single, cohesive framework. Challenges: Stakeholder resistance and limited local capacity hinder effective implementation. Opportunities: Enhances legal certainty and fosters better alignment with national regulations. Keywords: Omnibus Law, Regional Regulations, Legal Reconstruction, Regulatory Efficiency, Governance Harmonization
A Proportional Sentencing Norms for Accomplices in Indonesian Corruption Cases: Norma Hukuman yang Proporsional untuk Pelaku Pendamping dalam Kasus Korupsi di Indonesia Ansori, Ansori; Sugiri, Bambang; Aprilianda, Nurini; Noerdajasakti, Setiawan
Rechtsidee Vol. 13 No. 1 (2025): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v13i1.1046

Abstract

General Background: Corruption is an extraordinary crime requiring effective legal measures. Specific Background: In Indonesia, accomplices in corruption crimes receive the same punishment as principal offenders, raising concerns about fairness. Knowledge Gap: Current laws do not differentiate culpability levels, leading to potential injustices. Aims: This study examines the proportionality of sentencing norms for accomplices in corruption cases. Results: Findings show that equal sentencing contradicts proportional justice and creates legal inconsistencies. Novelty: The study highlights conflicts between the Anti-Corruption Law and the Criminal Code, advocating for reform. Implications: Policy adjustments are needed to align sentencing with justice principles, ensuring fairness in anti-corruption enforcement. Highlights: Unequal Punishment: Accomplices receive the same sentence as principal offenders, raising fairness concerns. Legal Inconsistency: The Anti-Corruption Law conflicts with the Indonesian Criminal Code on culpability. Policy Reform Needed: Sentencing should align with proportional justice to ensure fairness in law enforcement. Keywords: Proportionality, Accomplices, Offence
Comparative Legal Analysis of Indonesian and South Korean Consumer Protection in Cosmetic Safety Regulations Supardi, Reisha Rizkia Sabila; Hutabarat, Sylvana Murni Deborah
Rechtsidee Vol. 13 No. 1 (2025): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v13i1.1052

Abstract

General Background: The rapid growth of the cosmetics industry and new product innovations challenge businesses to remain competitive while meeting consumer expectations and legal standards. Specific Background: Given their direct application to the human body, cosmetic product safety is crucial, as non-compliance can pose health risks. Knowledge Gap: Despite existing regulations, hazardous cosmetic products still circulate. Understanding the production limits of business actors is essential to ensure consumer safety.Aims: This research uses normative legal analysis to compare cosmetic safety regulations in Indonesia and South Korea, focusing on consumer protection through comparative, statutory, and case approaches. Results: Both countries incorporate consumer protection principles in their cosmetic regulations. However, South Korea is more advanced with specific cosmetic laws. Novelty: The study presents a comparative analysis of cosmetic safety laws in Indonesia and South Korea, supported by international references. Implications: The findings offer insights into regulatory frameworks and suggest Indonesia adopt a more specific law, akin to South Korea’s Cosmetics Act, to improve consumer safety standards. Highlights: South Korea’s Cosmetics Act offers a more specific and advanced regulatory model. Unsafe cosmetics still circulate in Indonesia despite existing laws. Comparative legal analysis reveals the need for regulatory reform in Indonesia. Keywords: Comparative Law, Consumer Protection, Cosmetic, Regulation, Safety Standards

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