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Journal : Rechtsidee

The Existence of Islamic Norms in the Indonesia Constitutional Court Decisions No.22/PUU-XV/2017 Lindi Rohma Octavia; Rifqi Ridlo Phahlevy
Rechtsidee Vol 7 (2020): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.2020.7.720

Abstract

This study discusses the existence of Islamic norms in the Constitutional Court decisions. This study uses a case approach by examining the Constitutional Court decision no. 22 / PUU-XV / 2017. Data obtained from primary, secondary and tertiary data relating to legal issues in this paper. The main problem in this research is the consideration and decision of the Constitutional Court on the case decision No. 22 / PUU-XV / 2017 concerning marriage which is quite highlighted by the Indonesian people. What was tested in the a quo decision was article 7 paragraph (1) of Law No. 1 of 1974 concerning Marriage with article 27 paragraph (1) of the 1945 Constitution as a touchstone. In the a quo decision the petitioners argued that article 7 paragraph (1) was an article that was discriminatory for women. On the a quo decision, the panel of judges granted part of the petition's petition. the legal consequence of the Constitutional Court decision No. 22 / PUU-XV / 2017 is the emergence of Law No. 16 of 2019, amendments to Law No. 1 of 1974 concerning marriage
The Concept of Village Autonomy in Indonesia (Indonesian Constitution Perspective) Rifqi Ridlo Phahlevy
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.v3i1.151

Abstract

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.
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
Labour Rights Protection of Foreign Workers After Enactment of Law Number 6 of 2012 in Sidoarjo Regency Rifqi Ridlo Phahlevy; Mochammad Tanzil Multazam; Noor Fatimah Mediawati
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.v2i1.3

Abstract

Enactment of Law No. 6 of 2012 on the Ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, is a manifestation of the government's efforts in human rights, and also the Indonesian government protection measures against the presence of migrant workers in overseas. However, with the passing of this Law, the Government also has an obligation to protect the Foreign Workers who are in Indonesia, to protect their rights as contained in the convention. Sidoarjo Regency is one of the districts with a population of Foreign Workers pretty much in East Java, so Sidoarjo considered to represent ideal conditions most of the local government in Indonesia in terms of a form of protection against TKA after the enactment of Law No. 6 of 2012. This normative law research was supported by primary data sourced from the Social Service Workers at Sidoarjo Regency. Based on research that has been done, founded the lack of regulations Sidoarjo district that specifically regulates the protection of the rights of foreign workers.
The Indonesian Government's Liability Against Forest Fires That Caused Losses to Malaysia Rizal Bagus Habibulloh; Rifqi Ridlo Phahlevy
Rechtsidee Vol 9 (2021): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.2021.9.747

Abstract

This study aims to describe the form of Indonesia's accountability to countries that are directly affected by the haze caused by Indonesian forest fires according to the ASEAN Agreement on Transboundary Haze Pollution rules. This research is intended only for written legislation (law in books) and other legal materials. In normative research, the author will use doctrinal research methods that refer to legislation (statute approach) and a comparative approach (comparative approach). The results of this study indicate that Indonesia's accountability for cross-border smoke haze pollution due to forest fires is stipulated in Article 3 of the ASEAN Agreement on Transboundary Haze Pollution. Furthermore, the rights of countries affected by transboundary haze due to forest fires are regulated in Article 16 of the ASEAN Agreement on Transboundary Haze Pollution which states to increase preparedness and minimize risks to human health and the environment.
Aceh Shariah Court in The Unitary State of the Republic of Indonesia and Human Rights Context Rifqi Ridlo Phahlevy
Rechtsidee Vol 1 No 1 (2014): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v1i1.103

Abstract

Birth of Special Region Nanggroe Aceh Darussalam based on Law No. 18/2001 on Special Autonomy for Aceh as Nanggroe Aceh Darussalam that changed through Law No. 11 of 2006 on the Governing of Aceh is an attempt to realize a democratic government and prosperous (welfare state). The implication of the birth of NAD is the application of Islamic law as a tool of law and governance NAD, which also puts the Shariah Court as the main pillar of Islamic sharia enforcement in NAD. The existence of the Shariah Court as an instrument of law enforcement in NAD institutionally and functionally problematic. The first, related to the position of the Shariah Court that institutionally a part of the religious court, but has a broader scope of authority. Second, related to aspects of Islamic sharia holding capacity is possible to be imposed on non-Muslims, were both these problems can ultimately hurt the Unitary Republic of Indonesia principles and protection of human rights. How To Cite: Phahlevy, R. (2014). Aceh Shariah Court in The Unitary State of the Republic of Indonesia and Human Rights Context. Rechtsidee, 1(1), 71-84. doi:http://dx.doi.org/10.21070/jihr.v1i1.103
Neglected Elderly: Lacking Welfare Policies in Indonesian Local Governments Said Fitra Akbar; Rifqi Ridlo Phahlevy
Rechtsidee Vol 8 (2021): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v8i0.969

Abstract

This study aimed to examine the social welfare policies for elderly citizens in local government in Indonesia, with a particular focus on the existence of regional regulations that address the needs of this vulnerable population. A normative method was employed, utilizing a statutory approach and deductive analysis of legal materials. The results of the study indicate that not all regions in Indonesia have local regulations that specifically address the welfare of the elderly. This finding highlights the need for increased attention and action from local governments in order to ensure the well-being and protection of elderly citizens. Highlights: The study focused on social welfare policies for the elderly in local government in Indonesia. The research revealed that not all regions in Indonesia have local regulations that specifically address the welfare of the elderly. This highlights the need for increased attention and action from local governments to ensure the well-being and protection of elderly citizens.