Rechtsidee
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.
Articles
169 Documents
<![CDATA[Indonesia Regional Representative Council Authority After Constitutional Court Decision No. 92 / PUU-X / 2012 ]]>
<![CDATA[Bukhori Bukhori]]>;
<![CDATA[Nizla Rohaya]]>
<![CDATA[ Rechtsidee Vol 5 No 2 (2019): June ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/jihr.v5i2.64
<![CDATA[The purpose of this study was to determine the position, role and function of the DPD-RI in the Indonesian constitutional system before and after the Constitutional Court Decision No. 92 / PUU-X / 2012. The research method used is juridical normative and type of research is statutory approach, comparative approach, and conceptual approach. The results showed that a number of laws and regulations governing the DPD-RI were still less than the initial purpose of the formation of the DPD-RI. Certain articles relating to the position, function and role of the DPD-RI actually limit the authority of the DPD-RI so that it cannot function as a state institution that should have the same position as the DPR-RI. The decision of the Constitutional Court No. 92 / PUU-X / 2012 brings a new chapter in the implementation of democracy in Indonesia. The ruling of the Constitutional Court firmly provides a strategic role for the Regional Representative Council in Indonesian constitution.]]>
<![CDATA[Ensuring Confidentiality in the Detection and Investigation of the Crimes of Money Laundering ]]>
<![CDATA[Khakberdiev Abdumurad]]>
<![CDATA[ Rechtsidee Vol 5 No 2 (2019): June ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/jihr.2019.5.65
<![CDATA[This article analyzes tactics for combatting crimes related to money laundering based on international and national legislation as well as providing several recommendations on improving the system of combatting such crimes. Also, it determines, ensuring confidentiality in the detection and investigation of the crimes of money laundering. Finally, paper shows both outcomes and shortcomings of the points with some relevant examples.]]>
<![CDATA[Role of Financial Service Authorities on Legal Protection of The Sharia Banks Customers in Indonesia ]]>
<![CDATA[Sri Astutik]]>
<![CDATA[ Rechtsidee Vol 5 No 2 (2019): June ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/jihr.v5i2.66
<![CDATA[Sharia Bank is a bank that runs its business activities based on sharia principles, in the collection of funds and the distribution of funds, in order to serve the needs of society and improve the standard of living of the people. Various banking problems, such as not yet optimal protection of consumer financial services (bank customers), therefore it is necessary to supervise the operational banking activities. The purpose of bank supervision is to protect the interest of the savers who entrust their funds to the bank. Based in Law Number 21 of 2011 on the Authority of Financial Services, the arrangement and supervision of financial institutions becomes the authority of the Financial Services Authority. This supervision is also applied to banks with sharia principles. In this paper will discuss the Financial Services Authority oversight in the application of the principle of legal protection for customers in sharia banks.]]>
<![CDATA[The Corruption Behavior in The Behind of Fatsun Leadership of Kiai in The Region of Madura, Indonesia ]]>
<![CDATA[Nadir Nadir]]>;
<![CDATA[Win Yuli Wardani]]>
<![CDATA[ Rechtsidee Vol 5 No 2 (2019): June ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/jihr.v5i2.67
<![CDATA[New corruption of the autonomous regions take a place, so that the government is unable to control the regional government. This is because the lack of supervision in the area during this is becoming the main factors a trigger regional heads to conduct corruption, and abuse of authority behind legitimacy leadership kiai. In addition, people in the they felt unable to be afraid to monitor and regional leaders, because it is still of cling values trach kiai. Hence, regional head lost his control. Local government administration as the base behavior corruption behind legitimacy leadership kiai because some respects, namely: (1) of the lack of supervision of the central government towards the regional government. (2) the the breadth of affairs which is the authority of the regional government. (3) of religiousness loss of values in self leader. (4) the weak regulation criminal sanctions for investors. (5) the lack of supervision of the society to the regional government. (6) values still a cling obedience the community against the figure of kiai. While the supporters become factors behavior corruption increasingly exist in perspective regional government reversed legitimacy leadership kiai, namely: (1) an opportunity patient office / erceived opportunity. (2) desire or the will to do corruption. (3) living expenses as pressure (lavish lifestyle as a necessity / living beyond one' s means, polygamy as a cost not light, promising welfare, promising removal of civil servants for temporary, promising free health.]]>
<![CDATA[The Fact of Inter-Regional Cooperation on Environmental Law in Lampung, Indonesia ]]>
<![CDATA[Muhammad Akib]]>;
<![CDATA[FX. Sumarja]]>;
<![CDATA[Slamet Budi Yuwono]]>;
<![CDATA[Hieronymus Soerjatisnanta]]>
<![CDATA[ Rechtsidee Vol 5 No 2 (2019): June ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/jihr.v5i2.68
<![CDATA[This study aims to analyze the regulation of inter-regional cooperation law in environmental management in Lampung Province. The findings of this research are expected to be a basis in determining the model of legal policy of interregional cooperation in the field of environmental management in Lampung Province. Thus, the implementation of regional autonomy will be protected from regional ego and sector ego, and will eventually realize the ultimate goal of regional autonomy in the field of environment that is the welfare of local communities and environmental sustainability. This research method using socio-legal approach. The practice is primarily concerned with Local Government involvement and communities in upstream-downstream relationships in watershed (DAS) management in Lampung Province. Therefore, this study, in addition to reviewing the environmental policy of the Lampung Provincial Government, also examines district and city government environmental policies, especially in environmental management involving more than one district / city. The results showed that the legal arrangement of interregional cooperation in management of the environment in Lampung Province has not been specifically regulated. The basis of inter-regional cooperation is based only on the principles of regional autonomy and has not been based on the ecological characteristics and conditions in the region. Therefore, the approach still tends to be economic oriented and regional administration.The ideal concept is that the legal arrangement of cooperation inter-regional in the field of environment should be based on the principle of ecoregion.]]>
<![CDATA[A Comparative Study on Automatic Financial Exchange between Indonesia and Malaysia ]]>
<![CDATA[Bambang Sugeng Ariadi Subagyono]]>;
<![CDATA[Agus Yudha Hernoko]]>;
<![CDATA[Zahry Vandawati Chumaida]]>
<![CDATA[ Rechtsidee Vol 6 No 1 (2019): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/jihr.2019.6.69
<![CDATA[Taxpayer data and information from banking and finance institution could be guidance on any development. Therefore, it could be a corrective act to do the law enforcement on increasing Inland Revenue. Financial information exchange regarded to tax interests, besides by demanding way also could automatically way done (Automatic Exchange of Financial Account Information/AEol). Indonesia commitment was manifested by Multilateral Competent Authority Agreement signed after AEOI on 3rd June 2015. Indonesia agreed to start the financial information exchange automatically on September 2018. The followed-up Indonesia government commitment was on 8th May 2017. It had approved the financial information access no.1 2017 legislations as to tax interests. Then, one year later was set to be no.9 2017 legislations.]]>
<![CDATA[E-Commerce Road Map as a Legal Protection for Consumers in The Digital Economic Era ]]>
<![CDATA[Rizka Rizka]]>
<![CDATA[ Rechtsidee Vol 6 No 1 (2019): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/jihr.v6i1.71
<![CDATA[Digitalization of the economic field to welcome the era of industrial revolution 4.0 needs to be addressed intelligently so it is not harm the consumers and business actors through the transformation of consumer protection instruments into a more contemporary way. Currently, Indonesia has about 93.4 million Internet users and approximately 71 million users of smart phones which makes the internet and of course online transactions, as part of a lifestyle that is reflected through shopping behavior. The task of the State is to bring legal protection to consumers. Based on the consideration of actuality and urgency, to create the necessary level of certainty in business transactions and protect the consumer rights of e-commerce transactions the Government finally issued Presidential Regulation No. 74 of 2017. This regulation regulates the Electronic Road Based Electronic System Road Map (road map e-commerce). The Policy Package is intended to make Indonesia the largest digital economy in Southeast Asia by 2020. Legal umbrella is required in the form of law so that the state can provide a simultaneous and comprehensive legal protection of consumer rights in e-commerce transactions in the era of digital economy.]]>
<![CDATA[Legal Protection for Doctor who Performs Medical Treatments that Lead Patient to Death ]]>
<![CDATA[Filosophia Putri Kemala Dewi]]>
<![CDATA[ Rechtsidee Vol 6 No 1 (2019): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/jihr.2019.6.72
<![CDATA[This research was carried out due to frequent accusations that doctors performed malpractice. Accusations of errors in medical treatment are often found in the field. The objectives of this research are to: 1) examine and analyze forms of legal protection for doctors/ dentists in providing medical services who carry out independent practices as well as those working in hospitals, 2) review and analyze legal liabilities of doctors/ dentists in carrying out medical profession that leads patients to death. This research applies statute and conceptual approaches that is equipped with a case approach. The analysis results of the research indicated that the State provides legal protection for a doctor/ dentist through Article 27 paragraph (1) of Law No. 36 of 2009 concerning Health, Article 50 point (a) Law No. 29 of 2004 concerning Medical Practice, Article 24 paragraph (1) Government Regulation No.32 of 1996 concerning Health Workers, and Article 57 points (a) Law No. 36 of 2014 concerning Health Workers. Moreover, besides the above positive laws, legal protection for doctors/ dentists who work in hospitals also applies Article 46 of Law No. 44 2009 about hospitals and respondeat superior doctrine.]]>
<![CDATA[Abortion: A Review on Indonesia Regulations ]]>
<![CDATA[Hariansi Panimba Sampebulu]]>
<![CDATA[ Rechtsidee Vol 6 No 1 (2019): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/jihr.2019.6.73
<![CDATA[The position of women in legal construction in Indonesia today is still difficult to adjust to the circumstances that occur, especially in terms of equality issues. The abortion that has been a problem for so long time, being discussed because of the rules that are considered not in accordance with the existing rules, and the amount of pressure from various things. Law and Women are always placed in objects that are not neutral, especially in terms of discussing reproductive health. The government and legislation feel that they have a stake in integrating reproductive health owned by women. It is the position of women in the law that gives rise to many struggle movements and the diffusion of feminism in Indonesia. The rules of Article 31 paragraph 1 and 2 of Government Regulation Number 61 of 2014 which regulate safe abortion need to be more attention and safeguarded, so that a woman has the right to be based on herself.]]>
<![CDATA[Anonymity in the Action of Cyber Bullying ]]>
<![CDATA[Ni Putu Sri Widiasih]]>
<![CDATA[ Rechtsidee Vol 6 No 1 (2019): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/jihr.2019.6.74
<![CDATA[The emergence of cyber bullying is caused by the advancement of information technology that has led to various social networking sites that have an impact on increasing usage internet which leads to violations of social norms. This study aims to identify the role of an anonymous account in criminal acts of cyber bullying, and how to avoid it. The method using in this research is conceptual approach. The characteristics of anonymity in cyber bullying are very important to watch out for, actors in cyber bullying who use anonymous accounts are very difficult to detect, so cyber bullying becomes very dangerous if left unchecked. The result of this study shown, that the anonymity only want to be treated the same or also conceal their identities because they want the forum to only look at what they wrote, not who wrote it. Concealment of identity is done intentionally, but with different reasons. Anonymity becomes very dangerous if used by parties who are not responsible for doing the crime. The role of anonymity in cyber bullying is used by actors to protect their true identities in smoothing out their crimes. Legal protection against anonymity can be done, Indonesia is a rule by law that protects its citizens from the state and citizens other.]]>
