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Contact Name
Mochammad Tanzil Multazam
Contact Email
rechtsidee@umsida.ac.id
Phone
+6231-8945444
Journal Mail Official
rechtsidee@umsida.ac.id
Editorial Address
Universitas Muhammadiyah Sidoarjo Jl Majapahit 666 B Sidoarjo
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Kab. sidoarjo,
Jawa timur
INDONESIA
Rechtsidee
ISSN : 23388595     EISSN : 24433497     DOI : https://doi.org/10.21070/jihr
Core Subject : Humanities, Social,
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
Constitutionality Degree of Indonesia Local Regulation in Political Law Perspective Bambang Sutrisno
Rechtsidee Vol 3 No 1 (2016): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v3i1.131

Abstract

The Politics of Law holds responsibility to give the surety of all regulations, including Local Regulation, for capable of reflecting the collective will of the public as the owner of the highest sovereignty. Politics of law is always working to bring together the ius constituendum and ius constitutum at the encounter between realism and idealism. Local Regulation as subsystems of national law, is expected to serve as a guiding instrument and guard direction for development and continuous improvement of Local Government. Therefore the existence of local regulations holds a strategic role for legal certainty, which is a necessary to create a conducive business climate and stability of the country.
Dispute Settlement Patterns on The Village Chief Election In Indonesia (Lumajang Regency) Fauziyah Fauziyah; Sri Praptianingsih
Rechtsidee Vol 3 No 1 (2016): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v3i1.159

Abstract

In the year of 2013, Lumajang Regency carries out 159 village chief election (Pilkades). There are 4 disputes of Pilkades, and all about voice counting result of Pilkades. Local Regulation No. 24 year 2006 and Local Regulation No. 6 year 2012 do not state any matter of dispute in village headman election and mechanism of solution, but Local Government Regulation determines Watchdog Committee in the level of sub-district and Team of Village Governance Issues Completion in the level of District. Watchdog committee conducts supervision by preventive and repressive act. Supervision is done through preventive act in the form of communications and socialization to the village officer, Village Consultative Council (BPD), and Pilkades Committee about the importance of honest, fair and democratic Pilkades. Meanwhile, supervision is conducted through repressive act by facilitating the parties if dispute happened. As the result, committee executes the monitoring well, proven from 159 Pilkades, there was only 4 disputes, three among others can be resolved in non litigation process. Existence of Watchdog Committee is supported by the availability of budget coming from help of region budget (APBD) that is packed into village budget (APBDes), Rp.2.000.000 for every Pilkades.
Law Enforcement Criminal Acts of Corruption in The Perspective of Human Rights Ansori Ansori
Rechtsidee Vol 2 No 2 (2015): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v2i2.83

Abstract

The overall impact of the acts of corruption according to criminology science, certainly can happen due to two things, namely the first due to the intent or in the science of law is referred to as the evil inner attitude (Mens Rea), and the second because of an opportunity to do evil deeds (Actus Reus). Actus Reus and Mens Rea are an essential element of a crime. The eradication of corruption and the efforts of promoting and fulfilling human rights are not simply left to the elite rulers, because frequently they are more corrupt and oppressive. Corruption eradication efforts can be maximized, while a simultaneous awareness of the Government and people of the importance of protecting, fulfill, maintain, and promote human rights, then it is not impossible that Indonesia becomes a prosperous country, given the authorized capital of development in this country has been in existence since ancient times which is a priceless grace of God Almighty. How To Cite: Ansori, A. (2015). Law Enforcement Criminal Acts of Corruption in The Perspective of Human Rights. Rechtsidee, 2(2), 79-108. doi:http://dx.doi.org/10.21070/jihr.v2i2.83
Law Enforcement of Cyber Terorism in Indonesia Sri Ayu Astuti
Rechtsidee Vol 2 No 2 (2015): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v2i2.82

Abstract

Cyber terrorism is one of the category of crimes that cross border organized and has been established as an extraordinary crime. This crime is becoming a serious threat to countries in the world. In this regard, the Government's attitude of firmness needed to enforce cyber laws against the freedom development in social media. The development of the immeasurable it in the country of Indonesia required the limitations by doing legal liability over the behavior of law which deviates towards the use of technology tools. Strict law enforcement efforts as a clear attitude to stop actively moving massive terrorism, by enacting the provisions of the law on information and electronic transactions as well as the law of terrorism effectively. How To Cite: Astuti, S. (2015). Law Enforcement of Cyber Terorism in Indonesia. Rechtsidee, 2(2), 157-178. doi:http://dx.doi.org/10.21070/jihr.v2i2.82
Labour Rights Protection in Industrial Relations Issues Eko Adi Susanto
Rechtsidee Vol 2 No 2 (2015): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v2i2.78

Abstract

Many violations of the terms of employment at Surabaya, employment protection and working conditions for workers who are not provided by employers to the maximum, according to the legislation in force, while the legal protection for workers constrained because of the weakness in the system of employment law, both the substance and the culture built by governments and companies. How To Cite: Susanto, E. (2015). Labour Rights Protection in Industrial Relations Issues. Rechtsidee, 2(2), 109-120. doi:http://dx.doi.org/10.21070/jihr.v2i2.78
Financial Village Standing in Indonesian Financial System Herry Purnomo
Rechtsidee Vol 2 No 2 (2015): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v2i2.81

Abstract

Financial resources of the village that are sourced from a country or a Regional Finance Financial based Law Number 6 Year 2014 of The Village is the mandate of the law that must be allocated to the village. The interconnectedness of the financial position of the village in the financial system of the country or Region concerned the Financial administrative and territorial relations, and there is no setting directly regarding the finances of the village as part of the financial system of the country or the financial area. In respect of the elements of the crime of corruption deeds against financial irregularities of the village there are still disagreements on the interpretation of the law in trapping the perpetrators of corruption on the village chief that implies not satisfy the principle of legality and legal certainty in the ruling of the matter of financial irregularities. In fact, many of the village chief or Councilor caught the criminal offence of corruption over the use of financial irregularities. This research analyzes How the financial position of the village in the financial system of the country or region, as well as whether the financial resources of the village is derived from the state budget or region budget managed in village budget belongs to the category of village finances and whether tort against the financial management of the village can be categorized as a criminal act corruption.
The Importance of Employment Contract for Umsida Quality Employees Improvement Noor Fatimah Mediawati; Rifqi Ridlo Phahlevy
Rechtsidee Vol 2 No 2 (2015): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v2i2.106

Abstract

The absence of employment contracts in UMSIDA recognized cause some problems. Especially in improving the performance of employees. Issues a little more disturbing harmonious labor relations between employees and UMSIDA. In the terminology of the Labour Act, employment contract terms it is known as the Employment Agreement. Where the existence of labor agreement / contract employment is expected to harmonize the working relationship with the employer in accordance with the applicable rules. The existence of employment contracts is also a legal instrument which according to researchers ought to be put forward in efforts to increase the qualifications and competence of employees. By contract it will also avoid things that are not desirable in an employment relationship, because each party will always carry out their rights and responsibilities are aligned and balanced. Tranquility in the work and the guarantee of legal protection are expected to improve employee performance especially towards quality UMSIDA 2020. So this study explored further the urgency employment contract once its design. How To Cite: Mediawati, N., & Phahlevy, R. (2015). The Importance of Employment Contract for Umsida Quality Employees Improvement. Rechtsidee, 2(2), 141-156. doi:http://dx.doi.org/10.21070/jihr.v2i2.106
Regional Legal Assistance Abdul Fatah
Rechtsidee Vol 2 No 1 (2015): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v2i1.7

Abstract

Legal aid policy in the area carried out on several considerations including: Implementation of the authority given to the legal aid act, granting the guarantee and protection of access to justice and equality before the law in the area, equitable distribution of justice and increase public awareness and understanding of the law, and legal implications that accompanied the emergence of the right to legal counsel without pay and the right to choose the legal settlement. How To Cite Fatah, A. (2015). Regional Legal Assistance. Rechtsidee, 2(1), 1-10. doi:http://dx.doi.org/10.21070/jihr.v2i1.7
Problematic MPR Decree Post Reform and After The Issuance of Law No. 12 of 2011 Sulardi Wijaya
Rechtsidee Vol 2 No 1 (2015): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v2i1.6

Abstract

The existence of Tap. MPR Post 1945 Amandement to the issuance of Law No. 12 of 2011 has given an opportunity for the Assembly to create a new Tap. MPR outside from the valid one. At the time how judicial review of laws that conflict with the Tap. MPR, and how judicial review of the Tap. MPR are contrary to the Constitution is necessary to realize justice and balance. One of the powers of the Constitutional Court (MK) in paragraph C of Article 24 (1) Constitution of 1945 is hear at the first and the last with a final decision to the laws of Constitution. So if there are laws that conflict with the MPR or MPR and contrary to the Constitution, the authority to test the authority of the Constitutional Court instead. How To Cite: Wijaya, S. (2015). Problematic MPR Decree Post Reform and After The Issuance of Law No. 12 of 2011. Rechtsidee, 2(1), 53-64. doi:http://dx.doi.org/10.21070/jihr.v2i1.6
Dispute Settlement Patterns on The Village Chief Election at Bondowoso Regency Fauziyah Fauziyah; Sri Praptianingsih
Rechtsidee Vol 2 No 1 (2015): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v2i1.8

Abstract

Village elections (Pilkades) is a direct election procedure and mirrors implementation of democratic life in Indonesia. Article 37 and 38 of the regency Regional Regulation No. 7 of 2006 states that if the Pilkades process turns dispute, the dispute does not stop the next stage. The regency government normatively based on Article 37 guarantees the completion stage of the elections until the inauguration phase and form a team of supervisors who communicate with those who feel aggrieved to get agreement dispute resolution. Until this research is done, there is only one case submitted to the District Court, but then the plaintiffs draw their lawsuit. Dispute settlement pattern research was conducted through interviews and providing information to the bureaucrats and the judiciary in the area of dispute. The involvement of these parties is important that the results of this activity followed up by an independent institution in Pilkades dispute resolution with consideration of existing regional regulations. How To Cite: Fauziyah, F., & Praptianingsih, S. (2015). Dispute Settlement Patterns on The Village Chief Election at Bondowoso Regency. Rechtsidee, 2(1), 11-20. doi:http://dx.doi.org/10.21070/jihr.v2i1.8

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