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[Challenges in Applying Night Work Norms in Indonesia ]]>
<![CDATA[Rio Arif Pratama]]>;
<![CDATA[Bayu Prasetyo]]>
<![CDATA[ Rechtsidee Vol 6 No 1 (2019): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21070/jihr.v6i1.77
<![CDATA[Everyone has the right to have and determine the desired work, get a fair treat and get a decent wage, it is governed by the Constitution of the Republic of Indonesia. In general, working in the morning until evening, but there is also work carried out at night. The lawmakers pay special attention to the execution of work at night by providing a number of excusive rights as part of legal protection for workers. This research aims to determine the opportunities and challenges of applying the night work norms based Law No. 13 of 2003 on legal systems through legal substance, legal structure and legal culture analysis in the field of employment. TThe results of the research are in several Indonesian Regions there are still similar challenges regarding the implementation of night work norms. The authors also assess there are a number of opportunities for improvement in order for nighttime work norms to run well.]]>
<![CDATA[Leadership and Governance: A Case of Cattle Rustling as a Security Threat in Nigeria ]]>
<![CDATA[Mohammed Bashir Abubakar]]>
<![CDATA[ Rechtsidee Vol 6 No 1 (2019): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21070/jihr.v6i1.78
<![CDATA[Since the beginning of this political dispensation, Nigeria has suffered a lot from bad leadership with most of its leaders not concentrating on the welfare and security of its citizens because of corruption. Poor leadership undermines the legitimacy of democratic values and tolerance from the leaders and other stakeholders. However, the link between leadership and security challenges in Nigeria was analysed. Qualitative method of data collection was adopted, and secondary data was used. The paper found that cattle rustling as a security threat Nigeria was a product of bad leadership in Nigeria. The paper concludes that, until good leadership devoid of corruption, religious and ethnic interest is put in place, transparency and accountability in all aspect of governance is maintained, cattle rustling will be the order of the day.]]>
<![CDATA[A Review on Administrative Justice Competencies in France ]]>
<![CDATA[Citraresmi Widoretno Putri]]>
<![CDATA[ Rechtsidee Vol 6 No 1 (2019): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21070/jihr.v6i1.90
<![CDATA[The Indonesian justice system is closer to the French justice system, both general and administrative justice, with its "droits administrative regime". In addition, it is recognized that administrative justice in France is already well-established, so it has become a model for other countries. Therefore, the author tries to conduct normative legal research related to the Absolute Competence of Administrative Justice in France. This is certainly very different from the results of previous research and writings that examine the Study of State Administrative Courts based on the paradigm of Law Number 30 Year 2014 on Government Administration then research on the Absolute Study of State Administrative Courts in the Assessment of the Abuse of Authority, there is also research on Implications of Limiting the Absolute Competence of State Administrative Court, Reformulation of Unlawful Acts by Government Agencies or Officials in the Context of Absolute Competence in State Administrative Court and the Element of Abusing Authority in Corruption Crimes as Absolute Competence of Administrative Justice. The entire previous article is examining the Absolute Competence of Administrative Justice in Indonesia alone and its development while this paper contains the novelty of the elements that examine the history of law relating to the Absolute Competence of Administrative Justice in France. The conclusion is that France adheres to the dualite de la jurisdiction or duality of jurisdiction system. Administrative justice aims and ends at Conseil d'Etat besides general court comes from and aims at the Cour de Cassation (Supreme Court).]]>
<![CDATA[General Confiscation on Bankcrupty and Confiscation on Criminal Verdict: Sita Umum berdasarkan Kepailitan dan Sita berdasarkan Putusan pidana ]]>
<![CDATA[Putri, Victoria Pasari]]>
<![CDATA[ Rechtsidee Vol. 6 No. 2 (2020): June ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21070/jihr.2020.6.226
<![CDATA[General confiscation of bankruptcy and criminal confiscation often occur simultaneously, this has led to debate on both sides between the prosecutor and the curator. Prerihal who is most entitled to the property of palilit and confiscated goods into a long discussion. However, if explained clearly, it will be found that public confiscation can precede criminal confiscation. In this journal, the author tries to discuss the substance and outline of the forgery by using normative writing procedures and applicable statutory regulations. In terms of the benefits of the debt and debt problem can be resolved as soon as possible and as fair as possible so that the economy is disrupted, both economies of a small scale and economies of large scale by continuing to pay attention to the Principle of Proportionality which consumes rights and obligations so that everything is in context and achieves goals that are expected to be fair to every one. In terms of legal certainty, Article 31 of the KPKPU Law that mentions all confiscations, appointed when the debtor's bankruptcy is pronounced is a new regulation and a special regulation compared to the confiscation of criminal provisions contained inArticle 39 paragraph (2) of the Criminal Procedure Code.]]>
<![CDATA[Law Student's Legal Attitude Towards Campus' Smoking Ban Policy ]]>
<![CDATA[Laura Cecilia]]>;
<![CDATA[Maureen Cornellia David]]>
<![CDATA[ Rechtsidee Vol 6 No 2 (2020): June ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21070/jihr.2020.6.358
<![CDATA[Cigarettes is a major national issue, especially amongst University students. An estimated 3.3 million votary will die of lung related diseases. This study discusses the law against students in the University Environment. The analysis was carried out using descriptive conceptual dams from KTR policies applied from each tertiary institution. The participating factors were the commitment of the local government, binding law enforcement, written restrictions on a place, positive support from the education sector and the active role of campus organizations. In addition, this journal was submitted to discuss students' opinions about the smoking ban in the campus environment and the number of cigarettes spent on each expenditure as well as the psychological effects obtained after smoking.]]>
<![CDATA[The Legitimacy of Circular Letter in Handling COVID-19 Pandemic: Legitimasi Surat Edaran dalam Penanganan Pandemi COVID-19 ]]>
<![CDATA[Disantara, Fradhana Putra]]>
<![CDATA[ Rechtsidee Vol. 6 No. 2 (2020): June ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21070/jihr.2020.6.645
<![CDATA[The purpose of this legal research is to analyze the relevance of the discretion of government officials during the COVID-19 pandemic with the concepts and legislation related to legal issues; as well as analyzing the existence of a Circular to legitimize the handling of COVID-19 with statutory regulations. This legal research is carried out by making an inventory of various primary and secondary legal materials, so as to obtain relevant and critical studies of the legal issues discussed. The results of this legal research are that the discretion made by government officials can be justified legally if it is relevant to several provisions contained in legislation for the realization of good emergency governance; and the existence of a circular letter is legally valid if it is in accordance with the laws and regulations and the General Principles of Good Governance, by understanding that a circular is not a product of rules that are in the order of national legislation. Thus, a circular does not have strong and binding legal legitimacy. Therefore, the researcher recommends the criteria and classification of the parameters of discretion in the form of a circular as outlined in the form of a Supreme Court Regulation. This should be done so that there is no abuse of authority in implementing discretionary power by government officials and general legal principles.]]>
<![CDATA[Enforcement of Criminal Law on Crimes of Criminal Consensus Against State Security: Learning from Indonesia ]]>
<![CDATA[Roby Satya Nugraha]]>;
<![CDATA[Sri Ayu Astuti]]>
<![CDATA[ Rechtsidee Vol 7 (2020): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21070/jihr.2020.7.693
<![CDATA[The purpose of this legal research is to explain the first discussion, namely how to implement law enforcement against criminal conspiracy (samenspanning) which has been regulated in the Criminal Code and the Criminal Procedure Code. Second How is the imposition of sanctions for criminal conspiracy charges regulated in the Criminal Code in case Number: 293K / Pid / 2016. This type of research is normative research which is descriptive-analytical in nature, using secondary data with data collection techniques through library research and processing data qualitatively, it is concluded that law enforcement against criminal conspiracy is carried out by penal measures, penal measures are one of the efforts to enforce the law or all actions taken by law enforcement officials that focus more on eradication after a crime is committed under criminal law, namely criminal sanctions which constitute a threat to the perpetrator. The stages in this way include investigation, further investigation, prosecution, and so on, which in this case is part of criminal politics. The functionalization of criminal law is an effort to tackle crime through rational criminal law enforcement with the aim of creating the fulfillment of a sense of justice and efficiency. The imposition of sanctions Criminal sanctions imposed if a person has been proven to have committed a criminal act of treason can be punished with a criminal sentence contained in Article 106 of the Criminal Code with the threat of life imprisonment or twenty years in prison.]]>
<![CDATA[Bekwaamheid Effect in the Distribution of Divorce Cases in Indonesia: A Lesson from Sidoarjo: Pengaruh Bekwaamheid dalam Kasus Perceraian di Indonesia: Belajar dari Sidoarjo ]]>
<![CDATA[Mediawati, Noor Fatimah]]>;
<![CDATA[Maryam, Effy Wardaty]]>;
<![CDATA[Purwaningsih, Sri Budi]]>;
<![CDATA[Azizah, Rizqiyah Rosyidatul]]>;
<![CDATA[Cassey, Merry Orienta]]>
<![CDATA[ Rechtsidee Vol. 6 No. 2 (2020): June ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21070/jihr.2020.6.694
<![CDATA[Peningkatan jumlah kasus perceraian di Sidoarjo, baik di Pengadilan Agama maupun Pengadilan Negeri, menimbulkan keprihatinan tersendiri. Tidak kurang dari 4000 kasus yang muncul setiap tahun, khususnya di Pengadilan Agama Sidoajo. Jumlah ini memicu keingintahuan peneliti untuk melakukan penelitian, yang mengkaitkan sebaran jumlah kasus perceraian tersebut dengan konsep bekwaamheid (khususnya kedewasaan umur). Dimana dalam logika sederhana, semakin dewasa umur seseorang, semakin matang tingkat pengelolaan emosi, seharusnya tidak mudah menghancurkan perkawinannya sendiri. Apalagi dengan alasan selingkuh atau ekonomi. Dengan metode penelitian hukum sosiologis, ditemukan jawaban bahwa ternyata bekwaamheid dalam hal ini tidak banyak berpengaruh. Dari tahun ke tahun (2016-2019), jumlah kasus perceraian di Sidoarjo tidak mengalami penurunan.]]>
<![CDATA[Russia’s Eurasian Union Dream: A Way Forward Towards Multi Polar World Order ]]>
<![CDATA[Shahzada Rahim Abbas]]>
<![CDATA[ Rechtsidee Vol 6 No 2 (2020): June ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21070/jihr.2020.6.696
<![CDATA[Since the disintegration of USSR Eurasia has gained a new geopolitical and strategic significance. Fifteen Countries emerged as result of disintegration, among which only Russian Federation was the successor state. The post-soviet era especially the era of 1990s was a political and economic trauma for the Russian federation and the post-soviet space. But Eurasianists were well aware about the American unilateralism and American ‘Grand Chessboard strategy” that was solely aimed at encircling Russian geography. With these concerns, the Eurasianists advised the Russian political and military elites to initiate the Eurasian Union Project. This paper briefly sketches Russian historical Eurasian dream, which deeply rooted in Russian imperial history and discusses about the importance of Eurasian philosophy for the political and economic stability of Russia-Eurasia. The paper also illustrates about the challenges and opportunities for the Eurasian integration and for the establishment of multipolar world order. Moreover, the paper also briefly outlines the geopolitical rationale behind the Eurasian project as key objective of the contemporary Russian foreign policy and geopolitics.]]>
<![CDATA[Criminalizing Corporations In Environmental Crimes : Memidanakan Korporasi Dalam Kejahatan Lingkungan Hidup ]]>
<![CDATA[Agustian, Sanggup Leonard]]>;
<![CDATA[Sugianto, Fajar]]>;
<![CDATA[Michael, Tomy]]>
<![CDATA[ Rechtsidee Vol. 7 (2020): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21070/jihr.2020.7.697
<![CDATA[The research objective is to find out how criminal law against the environment accommodates criminal acts committed by corporations and to find out the practice of settlement through criminal law instruments in terms of corporate criminal liability in the environmental sector. The research method used is a normative juridical research method. There is the existence of criminal law as a part of 3 law enforcement regimes (state administrative law and civil law). then the involvement of criminal law in the settlement in the environmental sector regulates the existence of corporate criminal liability (business entity) as a subject of criminal law. The corporate criminal responsibility used by the UUPPLH is strict liability according to the law.]]>
