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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 169 Documents
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The Restorative Justice: Ideality, Reality, and Problems in The Indonesia Criminal Justice System: Restorative Justice: Idealita, Realita, dan Problematika dalam Sistem Peradilan Pidana di Indonesia Nasution, Nurul Putri Awaliah; Jubair , Jubair; Wahid , Abdul
Rechtsidee Vol. 10 No. 2 (2022): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v11i0.775

Abstract

The criminal justice system is a comprehensive effort by the state to tackle crime and determine accountability for each offense. In this case, the criminal justice system also emphasizes the importance of non-prison efforts to determine crime responsibility, commonly referred to as restorative justice. This study aims to describe the application of the concept of restorative justice in other countries and the orientation of its application in Indonesia. This research is normative legal research. Normative legal research is oriented toward answering legal issues and finding prescriptions for a legal problem. This study uses a statutory procedure, a concept approach, and a comparative approach. The results of the study confirm that the concept of restorative justice is part of the development of world law which is applied in various countries with different legal systems, such as the Netherlands, the United States, and Malaysia. In addition, the concept of restorative justice also needs special arrangements in the Criminal Procedure Code to reform the criminal procedure law in Indonesia.
An Overview of Disputes Regarding the Right of Structure in Indonesia: Suatu Gambaran Sengketa Terkait Hak Guna Bangunan di Indonesia Fitra, Said; Purwaningsih, Sri Budi
Rechtsidee Vol. 10 No. 1 (2022): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v10i0.776

Abstract

Recently, there have been many disputes regarding land rights, namely the Right to Build. The Right to Build is a right that is obtained to use a building on a land that is not one's own for a certain period of time. This study aims to find out the portrait of disputes related to building use rights in Indonesia in 2021. The research method that the author uses is normative juridical using an approach to legislation (Statue Approach) carried out by examining all laws and policies that are in accordance with legal issues being studied. The benefit of this research is to be a reference and input of knowledge for further researchers regarding the Portrait of a dispute over building rights in Indonesia. The analysis of the legal material used is deductive reasoning, what is meant by deductive reasoning analysis here is reasoning based on a mindset that has a general nature to draw conclusions on a specific nature.
Restorative Justice Arrangements in the Indonesian Criminal Justice System: A Contribution of Thoughts Abdul Wahid
Rechtsidee Vol 8 (2021): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v8i0.778

Abstract

The criminal justice system has an orientation to involve various components to prevent the occurrence of criminal acts. In the practice of criminal law, the idea of ​​restorative justice has emerged in the practice of law in Indonesia. This study aims to initiate the regulation of restorative justice in the Criminal Procedure Code as part of the criminal justice system's development. This research is normative legal research oriented to the study and analysis of positive law. This study examines the legal issue, namely the legal vacuum in the regulation of restorative justice in the Criminal Procedure Code. The study results confirm that restorative justice is part of the criminal justice system, especially in the aspect of the criminal justice system process, which effectively and efficiently strengthens the orientation of the legal process effectively and efficiently in criminal law enforcement. In this context, restorative justice is part of the development of legal theory and practice and an effort to revive the value of local wisdom in Indonesian criminal law. The Ius constituendum or future arrangements related to restorative justice in the Criminal Procedure Code need to be carried out so that the Criminal Procedure Code can guide the implementation of formal law in Indonesia that has Indonesian aspirations, especially with the application of restorative justice in practice as well as the pouring of restorative justice in the Criminal Procedure Code which is essential to ensure legal certainty as well as provide a dimension of harmony for restorative justice arrangements
Preventing Bullying with Tolerance: A Study of Islamic Law: Mencegah Bullying dengan Toleransi: Kajian Hukum Islam Isroani, Farida; Munir, Munir
Rechtsidee Vol. 10 No. 1 (2022): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v10i0.779

Abstract

The actualization ​​of religious tolerance is a standard of consideration consistent concept of humans towards mutual respect of other religions by living together without mixing beliefs. This research uses a qualitative case study approach through observation, interview and documentation. The supporting factor for the actualization of the value of tolerance is the goal orientation of each school member, including the principles of wholeness, unity, humanism, and socialism. While the inhibiting factors are based on experience and basic understanding related to religious differences which are influenced by: (1) character and personality, (2) psychological development, (3) parenting pattern, (4) lack of religious teaching, (5) the surrounding environment and culture, and (6) previously established social relations.
Royalty as a Way to Protect Creator: Current Conditions in Indonesia: Royalti Sebagai Cara Melindungi Pencipta: Kondisi Saat Ini di Indonesia Maddusila, Sitti Fatimah
Rechtsidee Vol. 10 No. 1 (2022): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v10i0.780

Abstract

One of the legal rights that must be protected is intellectual property rights. This study analyzes intellectual property legal protection aspects based on a royalty system. This research is the normative legal research to produce legal arguments, usually called legal prescriptions. This study uses primary legal materials, which include: the 1945 Constitution of the Republic of Indonesia, the Patent Law, the Copyright Law, the Government Regulation on Song and/or Music Royalties, also the Plant Variety Royalties Act. Secondary legal materials include the results of studies and research on aspects of royalties in intellectual property rights. Non-legal material includes various non-legal studies of the royalty system in intellectual property. The approach in this research is a conceptual approach and a statutory approach. The results of the study confirm that the implication of the implementation of the royalty system in intellectual property rights requires the state to realize three fundamental legal values ​​related to royalty policies, such as guarantees of legal certainty over the rules regarding royalties, guarantees of benefit from the distribution of royalties, as well as guarantees of fair distribution of royalties based on the principle of proportionality. In addition, legal protection with a royalty system in intellectual property rights needs to be carried out externally and internally. Highlights: Royalty system needs legal certainty, benefits, and fair distribution. Fair distribution based on proportionality is important. External and internal legal protection is necessary. Keywords: Royalty, Intellectual Property Rights, Legal Value
The Construction of Customary Values as Part of The Agreements’s Validity: Konstruksi Nilai Adat Sebagai Bagian Dari Keabsahan Perjanjian Bagenda, Christina; Carbonilla, Cicilia Helena
Rechtsidee Vol. 10 No. 1 (2022): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v10i0.781

Abstract

Agreement is one of the important aspects in civil law. This is because the agreement is one of the legal actions that are often and commonly carried out in everyday life. Article 1320 of the Civil Code actually confirms the conditions for the validity of the agreement, such as: competent, agree, certain things, are allowed by law. However, in practice, something that is permitted by law is not only interpreted as permitted by positive or written law. However, it also includes unwritten legal values in society, which in this case includes Customary Values. This study aims to verify the legal terms of the agreement, including the inclusion of customary values as a valid condition of the agreement. This research is a normative legal research with a conceptual approach and legislation. The novelty in this research is the effort to extend the legal terms of the agreement, especially the halal cause or things that are permitted by law, including those permitted by unwritten law, in this case the customary values that apply in society. The results of this study confirm that with a futuristic and extensive interpretation, the meaning of halal causes or things permitted by law as a condition for the validity of the agreement must be expanded so that it includes unwritten law including customary values. Customary values that are still alive and valid in society are categorized as living law so that they become unwritten law. Because it is still valid in the community, customary values as unwritten law must be considered rights in making an agreement. This confirms that local customary values as long as they are still valid and live in the community can be a parameter as a condition for the validity of the agreement through the expansion of halal causes or something permitted by law in Article 1320 of the Civil Code.
Reconstruction of the Legality Principle: The Essence of the Pancasila Spirit in Criminal Law Reform Kartini Mallarangan
Rechtsidee Vol 8 (2021): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v8i0.782

Abstract

The principle of legality is the main joint in criminal law. This is because the principle of legality relates to the rights and obligations of the community that have the potential to be subject to criminal law. This study aims to explore the values ​​of Pancasila in the renewal of the national criminal law through the reconstruction of the legality principle in the Draft Criminal Code. This research is normative legal research by prioritizing the concept and legislation approach. The results of the study confirm that the renewal of the national criminal law through the Draft Criminal Code is an important matter, especially by reconstructing the legality principle from formal legality to material legality. Reconstruction of the principle of legality is needed because the principle of legality is the heart of criminal law. This means the reconstruction of the criminal law specifically as well as the reconstruction of the principle of legality. Efforts to reconstruct the principle of legality should be guided by the values ​​of Pancasila as the ideals of Indonesian law. The reconstruction of the legality principle from formal to material, guided by the legal ideals of Pancasila is expected to be relevant to the needs and legal reality of the Indonesian people. This is so that Indonesian criminal law in the future has Indonesian ideals that it is in accordance with the nation's characteristics, personality, and legal ideals, namely Pancasila.
Lack of Protection for Non-Fungible Token (NFT) Creators in Indonesia: A Progressive Legal Study: Kurangnya Perlindungan Pencipta Non-Fungible Token (NFT) di Indonesia: Suatu Kajian Hukum Progresif Norasari, Dina Aidah
Rechtsidee Vol. 10 No. 1 (2022): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v10i0.783

Abstract

This article presents a normative legal research that aims to provide legal protection guarantees for creators of Non-Fungible Token (NFT) works from a progressive legal perspective. The research used a statutory approach and concept approach to examine the implications of NFT on the existing legal framework. The results confirm that NFT requires special regulations to protect creators' rights, including revising the Copyright Law and developing regulations to affirm NFT's character. The study recommends that NFT works be included in copyright through extensive and futuristic interpretation, and the government's legal policy should specifically regulate NFT and issue certificates of NFT works to ensure legal protection and certainty. Overall, this research highlights the need for proactive legal responses to technological developments such as NFT, which can have economic value and require legal protection.Highlights: Non-Fungible Tokens (NFT) require special legal protection for creators due to their economic value. Revising Copyright Law and developing regulations to affirm NFT's character are recommended. NFT works should be included in copyright through extensive interpretation and the government should issue certificates of NFT works to ensure legal protection and certainty.
Law Versus Humanity: Problems of the Non Refoulement Principle Regarding Refugees in Southeast Asia: Hukum Versus Kemanusiaan: Problematik Prinsip Non Refoulement Terkait Pengungsi di Asia Tenggara Bakker, Felix Ferdin; Putri, Respati Triana; Chairunnisa, Dhea
Rechtsidee Vol. 10 No. 2 (2022): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v11i0.784

Abstract

Legal issues related to refugees in Southeast Asia are influenced by the lack of regulations related to refugees in countries in Southeast Asia. This is related to the increasing number of refugees in Southeast Asia who are accepted by a country only based on humanitarian reasons. This study aims to examine the legal aspects related to the problem of refugees with the principle of non-refoulement related to refugees in Southeast Asia. This research is a normative legal research with a conceptual approach and legislation. The results of the study confirm that one of the legal aspects related to refugees in Southeast Asia is to strengthen regulations in each country in Southeast Asia. This includes also confirming the existence of the principle of non-refoulement by ratifying and becoming a party to the 1951 Convention and 1967 Protocol as an effort to provide legal certainty in implementing legal policies related to refugees. In addition, the role of the ASEAN Intergovernmental Commission on Human Rights (AICHR) plays an important role in providing welfare and protection for refugees from violence and discrimination. This is mainly by optimizing the involvement of ASEAN countries in providing direct assistance with the distribution of food, clothing and a decent living regardless of matters relating to citizenship. This is intended so that ASEAN countries' acceptance of refugees for humanitarian reasons is also limited and guided by legal products that guarantee legal certainty as well as the implementation of the principle of non-refoulement.
Legal Uncertainty Regarding the Application of The Principle of Territoriality in the Immigration Area: Ketidakpastian Hukum Penerapan Asas Teritorialitas pada Area Imigrasi Widodo, Rizal Fitroh Dwi; Rifa’i, M. Hafiz; Wiratama, Jhonata
Rechtsidee Vol. 10 No. 1 (2022): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v10i0.785

Abstract

The area of ​​immigration is an important aspect of immigration law enforcement and practice. This is because the immigration area preventively represents the sovereignty of a country. Even so, in the Immigration Law in Indonesia there are no special regulations regarding the immigration area. So there is the problem of a legal vacuum related to special regulations regarding the immigration area. This research is a normative legal research with a statutory and conceptual approach. The results of the study confirm that the principle of territoriality in the immigration area requires legal certainty. This is because in the practice of immigration, the principle of territoriality is an important principle, one of which is trying to prevent it from protecting the sovereignty of the state. In addition, the government needs to make a special legal product that regulates immigration areas in the form of Government Regulations and Presidential Regulations which can then be followed up technically with the regulations below. Technical follow-up to Government Regulations and Presidential Regulations can be in the form of a Regulation of the Minister of Home Affairs and specifically technical instructions regarding immigration areas can be formed for officers and law enforcement officers in the immigration sector who are specifically tasked with immigration areas.

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