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[The Legal Construction of Land Bank Regulations to Realize Fair Management of State Land Assets in Indonesia ]]>
<![CDATA[Fatimah AlZahra]]>
<![CDATA[ Rechtsidee Vol 4 No 1 (2017): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21070/jihr.v4i1.872
<![CDATA[The fact that the amount of land is fixed while the need for physical development is increasing as the increase in population, leads to inevitable social conflict. Social conflict is caused by the conflict of interest between the government and the people. The people tend to be reluctant to let go of the land they owned for the development of infrastructure in public interest with the pretext that the price set by the government is too low. As an agency for which its primary task is to reserve land for the government that is obtained before the need arises, a land bank appears to be able to be considered one of the alternatives for land procurement without conflict that can be applied in Indonesia as a solution in overcoming the land crisis for development. Through the normative legal research method, this research aims to analyzes the land bank’s concept in finding a legal construction of land bank regulations to realize fair management of state land assets in Indonesia. The result of the research shows that the legal construction of regulations for a land bank as an effort to realize fair management of state land assets can be achieved with regulations equal to a law. Values of fairness, legal certainty, and legal usefulness in the organization of a land bank must be included in the legal and normative basis in the content of the proposed law.]]>
<![CDATA[The Corruption Investigation In The Regional Police of Riau Islands, Indonesia ]]>
<![CDATA[Hardianto Djanggih]]>;
<![CDATA[Hambali Thalib]]>;
<![CDATA[Ahmad Ramadhan]]>
<![CDATA[ Rechtsidee Vol 4 No 1 (2017): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21070/jihr.v4i1.988
<![CDATA[This research aim to analyzes the authority of the Regional Police of Riau Islands in a criminal act of corruption investigation. The method used is normative-empirical research. The results found that investigation of criminal corruption in Regional Police of Riau Islands conducted according to the authority of police investigators. In addition to proving the deeds of perpetrator, criminal investigation of corruption is also a means of restoring the state's financial losses as much as possible. In its implementation, corruption criminal investigation is influenced by legal factors, law enforcement factors, supporting facilities or facilities supporting law enforcement, community factors, and cultural factor.]]>
<![CDATA[A Critical Review of Waging in Indonesian Law ]]>
<![CDATA[Agusmidah Agusmidah]]>;
<![CDATA[Suria Ningsih]]>
<![CDATA[ Rechtsidee Vol 3 No 2 (2016): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21070/jihr.v3i2.225
<![CDATA[This article is comprehensive look of waging in Indonesian law. Waging in employment still pose a problem. No details of the principle of fair and decent with the policies or the application of the rules of waging, always give rise to new issues and discourse. For the Government, to apply fair and decent wage does not merely make the norm on paper but should be able to guarantee the implementation of the norms in society. This paper uses the literature method with the concept approach. This article discover that the wage disputes can be avoided whereas industrial society interpret the wages in return for the sacrifice that has been given and is able to meet the needs of food, clothing and housing. Then it is not worth it if one party for their maximum benefit utilizing weakness of workers by making the waging system that ignores the principle of fair and decent.]]>
<![CDATA[A Critical Review of Child Labour in Nigeria and The Case for Child Entrepreneurship ]]>
<![CDATA[Mike Akpa AjaNwachuku]]>
<![CDATA[ Rechtsidee Vol 3 No 2 (2016): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21070/jihr.v3i2.371
<![CDATA[Nigeria and the world over condemn forced or exploitative labour of a child, for the obvious reason of the adverse physical, psychological, mental and emotional effect of it on children. What is condemned is not child labour per se, but child forced or exploitative labour. This paper analyses the condemnable child forced or exploitative labour, distinguishes it from the accepted child labour and makes a case for the advancement from child labour to child entrepreneurship. It posits that the advancement to child entrepreneurship shall enable the Nigerian child to contribute their bit to the financial wellbeing of their family and the economic development of Nigeria.]]>
<![CDATA[The Crime of Rape and Sexual Violence against Women in Nigeria: A Comparison with Other Common Law Countries ]]>
<![CDATA[Ngozi Alili]]>
<![CDATA[ Rechtsidee Vol 3 No 2 (2016): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21070/jihr.v3i2.341
<![CDATA[This discourse is a comprehensive look at the offence of “rape” as a legal concept, taking into consideration, the premodial, mythical and legal beliefs and meanings associated therewith. It analysed recent statutory changes and developments in this area of the law, particularly under the English common law in contradistinction from the almost static provisions of some African penal statutes relating to the offence of rape. The propelling aim was to appreciate the difficulties associated with efforts to convict persons accused of committing the offence of rape and the legality of calling in aid corroboration in amelioration of these difficulties. It was observed that, the statutory ingredients of the offence do not accommodate such a practice. It became significant that the myths and traditional beliefs surrounding the claim of an alleged victim of rape imported the burden of a rebuttal on the accused. It was observed that sympathy on the part of the courts for alleged rape victims sway their decisions in favour of such victims. This emotional consideration by the courts may have informed he demand for corroborative evidence to seal all escape routes for the accused even when not statutorily provided for. Absence of corroborative evidence may on the reverse, favour the accused though the prosecutrix may concoct one to secure conviction. It was concluded that rape cases should be determined on the basis of the dry provisions of the relevant penal statutes devoid of extraneous considerations, such as corroboration.]]>
<![CDATA[The Pivotal Role of a Lawyer in Combating Official Corruption in Nigeria ]]>
<![CDATA[Ushie James Ebuara]]>
<![CDATA[ Rechtsidee Vol 3 No 2 (2016): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21070/jihr.v3i2.342
<![CDATA[Nigeria is ranked internationally as one of the most corrupt nations in the world. As embarrassing as this status is, it is indeed the reality of our situation. The general public and now even the executive arm of the Federal government have continued to question how members of the legal profession discharge their role in applying the law because they have absolute belief in the law as their protection against the tendencies that are depriving them of their well being, dehumanizing them and even threatening the existence of their country, they waited for the law to respond to these tendencies by putting them in check, stop them completely or control them, they have watched helplessly the inability of law to effectively respond to these tendencies and have watched the tendencies continue unabated and escalated into the conditions we found ourselves today The purpose of this paper is to examine the role of lawyers as Judges, as Prosecutors and defence Attorneys in promoting and encouraging corruption in our body politics. It further examines in contrast the role lawyers should play in the renewed fight against corruption. Lawyers as agents of social change should be in the vanguard for the reorientation of the mind set of Nigerian in the renewed fight against corruption and social rebirth generally. To effectively play this role members of the legal profession must purge themselves of corrupt tendencies and must be seen to be above board.]]>
<![CDATA[Law Enforcement of Right of Equality in Work for People with Disability: Evidence from Sleman, Indonesia ]]>
<![CDATA[Susilo Andi Darma]]>
<![CDATA[ Rechtsidee Vol 3 No 2 (2016): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21070/jihr.v3i2.322
<![CDATA[This research aims to understand the implementation of supervision law supervision toward Articles 5 and 14, and the law enforcement toward Article 28 of Law No.4 Year 1997 on People with Disability in Sleman Regency. Data are obtained through interviews and literature related to the problem. The results of this research show that the implementation toward article 5 and 14 are not yet effective and the law toward article 28 is not implemented yet in Sleman.]]>
<![CDATA[The Development of Murabaha in Indonesian Islamic Banks ]]>
<![CDATA[Ari Kurniawan]]>;
<![CDATA[Abd Shomad]]>
<![CDATA[ Rechtsidee Vol 3 No 1 (2016): June ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21070/jihr.v3i1.153
<![CDATA[Over the last few years, Islamic trading transaction has become more popular in Indonesia. Retail trade in Islamic banks for an example. There are many Islamic banks in Indonesia that provide alternative business transactions and halal product in retail trade to the public based on Islamic law, but Islamic banks must obey not only the origins of Islamic law, such as the Holy Qur’an and the Sunnah but also Islamic principle in terms of the prohibition of uncertainty, interest and gambling when they run their business in retail trade. One of the agreements in retail trade is Murabaha which involves several possible structures, notably direct trading, company (seller) purchases via an agent or a third party and murabaha via the customer as an Agent. However, there are several contemporary issues, particularly Murabaha via Shares and executing time of Murabaha that still need to be discussed whether they disobey Islamic law and basic Islamic principles or not.]]>
<![CDATA[Access to Justice and Labor Law Reform in Asia ]]>
<![CDATA[Asri Wijayanti]]>
<![CDATA[ Rechtsidee Vol 3 No 1 (2016): June ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21070/jihr.v3i1.144
<![CDATA[The existence of national labor law system guarantees fair is one of legal reform to achieve access to justice. This study aims to analyze whether the system of labor law has given capacity to achieve access to justice as the basis for implementing international labor relations in Asia. The method of this study is a normative legal research with statute approach. The findings support that there was an inconsistency on the substance of the legal structures that affect the low legal culture. The substance of the national labor law systems have not adapted the comprehensive International Labor Organization (ILO) conventions. Less robust system of national labor laws affect access to justice in the weak field of labor in the region.]]>
<![CDATA[The Concept of Village Autonomy in Indonesia (Indonesian Constitution Perspective) ]]>
<![CDATA[Rifqi Ridlo Phahlevy]]>
<![CDATA[ Rechtsidee Vol 3 No 1 (2016): June ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21070/jihr.v3i1.151
<![CDATA[Indonesia was introduced to the term, “village autonomy” in 1970s; however, throughout the past years of establishing autonomous villages in Indonesia, the legislators have not been able to provide any clarity about this concept. Villages, as a legal entity, do not have enough independence to represent themselves as an autonomous unit of community in the state administration system of Indonesia. Article 18B and 28I of the second amendment of The 1945 Constitution of The State of Republic of Indonesia (UUD 45) state that the villages can have independent governments, by giving the alternative of village autonomy. Implementation the Law No. 6 Year 2014 is a part of the effort to realize the message of constitution and hence conception of autonomous villages is expected to be the catalyst for this concept. The presence of this law had a considerable impact on the 2014 presidential elections. Because of this people are concerned that political interests may try to drive and turning the direction and purpose of the law. This study is a part of the research on the implementation of village autonomy policies in Indonesia, and is compiled by using statute and conceptual approach.]]>
