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Rechtsnormen Journal of Law
Published by Yayasan Pendidikan Islam Daarut Thufulah
ISSN : 29884454     EISSN : 29884462     DOI : 10.70177/rjl
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Rechtsnormen Journal of Law is a leading international journal focused on the global exchange of knowledge in Law as well as advancing research and practice across law disciplines. The journal provides a forum for articles reporting on original research, systematic and scholarly reviews focused on law from around the world. Rechtsnormen Journal of Law publishes national and international research in an attempt to present a reliable and respectable information source for the researchers.
Arjuna Subject : Umum - Umum
Articles 12 Documents
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Search results for , issue "Vol. 2 No. 1 (2024)" : 12 Documents clear
Legal Protection of Indonesian Migrant Woekers Reviewed According to Law Number 18 of 2017 Concerning the Protection of Indonesian Migrant Workers Delia Mutiara Rahmah Sri Ma’ruf
Rechtsnormen Journal of Law Vol. 2 No. 1 (2024)
Publisher : Yayasan Pedidikan Islam Daarul Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i1.496

Abstract

Background. The government has issued laws and regulations regarding the protection of Indonesian Migrant Workers. However, the large number of Indonesian Migrant Workers abroad has led to many problems faced by Migrant Workers. Purpose. In this thesis, the problem is how the protection of Indonesian Migrant Workers according to Law Number 18 of 2017 and how the government's efforts in providing legal protection for Indonesian Migrant Workers. Method. In conducting this research the author uses library research and field research, which is in the form of data collection and is extracted based on literatulism such as, books, print media, electronic media, internet media and interviews, the data is obtained from legal materials related to the Protection of Indonesian Migrants. Results. The results and conclusions of the research show that the Protection of Indonesian Migrant Workers based on Law Number 18 of 2017, the protection of Indonesian Migrant Workers is all efforts to protect the interests of prospective Indonesian Migrant Workers and / or Indonesian Migrant Workers and their families in realizing the guaranteed fulfillment of their rights in legal, economic and social aspects Conclusion. The government's efforts so far can be seen in the form of laws and regulations issued in response to the needs of Indonesian Migrant Workers. Indicators of the condition of protection of Indonesian Migrant Workers can at least be seen from three aspects, namely pre-placement, placement and post-placement  
The role of China’s Investment in Shaping the Redevelopment of Afghanistan Muhammad Al Amin; Mujibur Rahman Ahmadi; Haidan Angga Kusumah
Rechtsnormen Journal of Law Vol. 2 No. 1 (2024)
Publisher : Yayasan Pedidikan Islam Daarul Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i1.497

Abstract

Background. The Afghanistan-China strategic relationship is multifaceted, characterized by economic convergences, security cooperation, and mutual diplomatic support. China's Belt and Road Initiative has played a significant role in deepening ties, especially through infrastructure development in Afghanistan. Purpose. In this paper authors tried to explore Afghanistan and China relations, how China plays an important role in the redevelopment of Afghanistan, discuss the prospects and challenges facing Chinese–Afghan relations, including from a regional perspective and also discussed how China fits into the vacuum left by the US withdrawal. Method. The method used applies a qualitative method that focuses on looking at social phenomena that occur in society. Results. At the same time, a rather stable Afghanistan free from threats by militant and terrorist groups could provide opportunities for China and other regional states to contribute to its post-conflict economic reconstruction and development. Conclusion. At the period since the Taliban took over an Afghanistan emptied of its foreign presence, there has been much more speculation that China will step in to fill the geopolitical, security and economic vacuum left by the West’s withdrawal. China surely has direct interests in a stable, developed and well-governed Afghanistan, not least to prevent spillover and assets in the wider regions of Central and South Asia.
The Contribution of Investment to the Government and Local Communities in the Kampar Regency Riau Rida Jelita; Thamrin S; Abd Thalib
Rechtsnormen Journal of Law Vol. 2 No. 1 (2024)
Publisher : Yayasan Pedidikan Islam Daarul Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i1.512

Abstract

Background. This study was conducted to analyze and assess the barriers in the implementation of oil palm plantation contributions to the government and local communities in Kampar Regency, Riau. Purpose. The samples of this research are oil palm plantation companies and local communities located in Kampar Regency, Riau. Method. n its discussion, the researcher uses a normative juridical approach, the normative juridical approach used in this research is an approach through positive law, namely positive legal rules to find the legality of the data used is secondary data where journals, articles, books, reviews, papers, and others become the main source in this research. Results. The results of this study indicate that 1) the analysis of the contribution of development in the field of capitalization of oil palm plantations by plantation companies to the government and society has not been significant to economic growth. 2) the implementation of oil palm companies towards the government and the people of Kampar Regency, Riau is a different understanding and implementation in perceiving the law, the effectiveness of the budget year is still lacking, the budget is not absorbed, and employment is not absorbed. Conclusion. In addition, field research can also be used as a complement, namely interviews supported by primary data.
Responsibility of Perpetrators of Murder with Same-Sex Romance Motive (Study of Decision Number: 64/Pid.B/2022/PN. Kot) Recca Ayu Hapsari; Zikri Aldino Z. P
Rechtsnormen Journal of Law Vol. 2 No. 1 (2024)
Publisher : Yayasan Pedidikan Islam Daarul Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i1.517

Abstract

Background. It is hoped that the judge will give a severe criminal verdict against the perpetrators of the crime of murder in order to have a deterrent effect on the perpetrators of the crime. Purpose. Gambling is a prohibited act as stipulated in Article 303 of the Criminal Code, 303 bis of the Criminal Code, and Article 27 paragraph (2) of the Law on information and electronic transactions. In verdict number 233/Pid.B/2022/Pn.Cbd the author found a discrepancy in the application of the article, so the problem in this study is "How is the application of the law of online gambling in verdict number 232/Pid.B/2022/Pn.Cbd?". Method. This research uses normative juridical types contained in laws and court decisions, as well as legal norms that exist in society. Results. The consideration of the judge in the verdict of the murder case with same-sex romance motive considers the criminal elements in the indictment, considers the justification and excuse as the basis for removing criminal liability for the defendant and considers the aggravating and mitigating circumstances by stating that the defendant has been legally and convincingly proven guilty of committing the crime of participating in premeditated murder as charged in the first alternative primair indictment of the Public Prosecutor and imposing a sentence on the Defendant therefore with imprisonment for 17 (seventeen) years. Conclusion. The conclusion of this research is the accountability of the perpetrator of the crime of murder with the motive of same-sex romance is the ability of the defendant to be accountable for his actions through the mechanism of the criminal justice process to decide the criminal penalty for the defendant.
Views of Aceh Tamiang Ulama Against Postponement of Inheritance Distribution Lukmanul Hakim
Rechtsnormen Journal of Law Vol. 2 No. 1 (2024)
Publisher : Yayasan Pedidikan Islam Daarul Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i1.520

Abstract

Background. Inheritance should be a pleasant thing for the heirs, but sometimes this becomes a catastrophe that causes a rift or break in the family relationship, this is due to the greed of the heirs, including problems in inheritance is the delay in distribution to the heirs. Purpose. The inheritance is the absolute right of the heirs who should be immediately divided after paying off the debts and assets of the heirs, but because the distribution is not hastened, it has an unfavorable impact on the heirs. Method. The research method used in this research is qualitative research, this type of research is field research whose main source is the results of interviews in the field. Results. The results of this study are: 1) The impact of delaying the division of inheritance, namely: The occurrence of family problems / disconnection between heirs, can result in the loss of the value of the inherited property, and the persecution of some heirs because their rights are not fulfilled. 2) The view of the Aceh Tamiang Ulama regarding the delay in the division of inheritance is divided into three laws, namely: Obligatory delay, permissible delay and haram delay. These three laws are adjusted to the circumstances that occur if the delay in the distribution of inheritance is due to doubts about nasab and / or doubts about the life of the heirs, it must be postponed until there is a determination of nasab and / or heirs from the court. Conclusion. Likewise, delaying the distribution of inheritance due to doubts caused by real pregnancy or doubts about the sex (khunsa) is obligatory until the status of both is clarified. Delaying the distribution of the inheritance, if there is agreement from all the heirs who are entitled to it, and if it is permissible and managed in accordance with shar'i law, is permissible. If delaying the distribution of the inheritance results in injustice to the heirs or results in damage and loss of value to the inheritance, then it is haraam.
Ratiodecidendi of Judge in Imposing Warning Punishment Against Children in Conflict with the Law from the Perspective of Child Protection Devi Rakhmatika; Sami’an Sami’an
Rechtsnormen Journal of Law Vol. 2 No. 1 (2024)
Publisher : Yayasan Pedidikan Islam Daarul Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i1.535

Abstract

Background. Cases of violence against children still occur frequently in Indonesia. The weak social control of society and the many cases of abuse show that law enforcement in Indonesia is not yet optimal. Purpose. Child Protection has been regulated in Law Number 35 of 2014 concerning amendments to Law Number 23 of 2002 concerning Child Protection. And regulations regarding the Juvenile Justice System are regulated in Law Number 11 of 2012 concerning the Juvenile Justice System, but these regulations are not sufficient to guarantee the cessation of cases of maltreatment against children. Method. The author uses normative juridical research methods. In this case, the Ratio Decidendi of the Judge does not really see from various points of view, it can be seen from the consideration that in the end the Judge imposed a warning sentence on the Child Convict, and the decision did not explain and pay attention to the rights of child victims. Results. Because in reality there are still many cases of violence and sexual abuse against children. Case No. 3 Pid.Sus-Anak/2023/PN Mll was a case of maltreatment in which the public prosecutor charged the defendant with Article 170 paragraph (2) to 1 of the Criminal Code Jo. Article 81 of Law No. 11 of 2012 concerning the Juvenile Criminal Justice System which basically states that juvenile offenders must be detained in a Special Correctional Institution for Children. Conclusion. Through this paper, it is hoped that law enforcement officials will synergize in implementing child protection and children's rights, especially regarding the guarantee of child protection from violence and harassment.  
Consideration of Discerationary Actions by the Police in the Application of Restorative Justice to the Resolution of Domestic Violence Cases (Study at the Directorate of General Criminal Investigation of the Lampung Regional Police) Recca Ayu Hapsari; Nadira Tresya
Rechtsnormen Journal of Law Vol. 2 No. 1 (2024)
Publisher : Yayasan Pedidikan Islam Daarul Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i1.536

Abstract

Background. Domestic violence (hereinafter abbreviated as domestic violence) is one form of violence that occurs in people's lives. The violence is often also referred to as dosmetic violence because it occurs in the domestic sphere, the problem of domestic violence is one of the important things that became a serious concern by the Indonesian government in the reform era. Purpose. How is the consideration of discretionary actions by the Police in the application of restorative justice to the resolution of domestic violence cases and how are efforts to overcome domestic violence crimes carried out by the Police? Method. The approach used in this study is a normative juridical approach and an empirical juridical approach to obtain correct and objective research results. Results. Consideration of Discretionary Action by the Police in the Application of Restorative Justice to the Resolution of Domestic Violence Cases is through a restorative justice approach.  Efforts to overcome domestic violence crimes carried out by the police are carried out through several stages, namely pre-emptive, preventive, repressive containment efforts. Conclusion. Consideration of Discretionary Actions by the Police in the Application of Restorative Justice to the Resolution of Domestic Violence Cases is through a restorative justice approach in accordance with procedures to provide legal certainty for victims based on restorative justice requirements in solving domestic violence crimes and additional requirements based on the provisions of Article 3 and Article 5 of the National Police Regulation of the Republic of Indonesia Number 8 of 2021 concerning Restorative Justice Handling of Crimes.
Development of Positive Law in Indonesia M. Hafiz Kurnia; Lukmanul Hakim
Rechtsnormen Journal of Law Vol. 2 No. 1 (2024)
Publisher : Yayasan Pedidikan Islam Daarul Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i1.537

Abstract

Background. In the development of positive law today, especially after the reform in Indonesia, there are several laws that the author considers to have developed, especially in terms of child protection law, in addition to those that have existed previously in the Criminal Code and Criminal Procedure Code both material and formal. Purpose. The blurring of the form of the rule of law caused by the lack of strengthening of the legal system implemented by the Indonesian state is one of the reasons for the many reasons for the need to establish an Indonesian Legal System. Method. The transition to democracy as one of the triggers for changes in the national legal system inevitably demands changes to the national legal system in a better direction in an effort to establish a national legal system that is in accordance with the ideals of the Indonesian state. Results. The development of national legal systems should remain long-term oriented in their application. Thoughts about the development of national law in the future have certainly been thought of from an early age in order to set the direction of national law development. Conclusion. The development of Indonesian national law which is currently strongly influenced by external elements as much as possible to maintain material legal sources from Indonesian laws. The development of national law that emphasizes the spirit of Indonesia and the taste of Indonesia can only be done by consensus from all elements of the nation.
Implementation of Trademark Registration in Pekanbaru Yufrizal Yufrizal; Syafrinaldi Syafrinaldi; Abdul Thalib; Heni Susanti
Rechtsnormen Journal of Law Vol. 2 No. 1 (2024)
Publisher : Yayasan Pedidikan Islam Daarul Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i1.543

Abstract

Background. The use of Intellectual Property Rights, especially product brand registration for Micro, Small and Medium Enterprises, has not been running optimally in Indonesia, and especially in the city of Pekanbaru, due to the lack of understanding of home industry entrepreneurs about brands and registration procedures, lack of technical guidance and programmatic socialization from the Regional Government. Purpose. This study aims to analyze the low implementation of product trademark registration for Micro, Small and Medium Enterprises and to analyze the role of the local government of Pekanbaru city in the implementation of product trademark registration for Micro, Small and Medium Enterprises in improving trade business. Method. The approach used in this study is a normative juridical approach and an empirical juridical approach to obtain correct and objective research results. Results. Based on the results of the study, it is known that the implementation of product trademark registration for Micro, Small and Medium Enterprises in Pekanbaru city has not been running as expected, as evidenced in 2022, out of 25,074 trademarks circulating in the market, only 8 (eight) have implemented their trademark registration. Conclusion. Furthermore, it is known that the role of local government in the implementation of trademark registration for Micro, Small and Medium Enterprises in Pekanbaru city is not running as expected, because the local government of Pekanbaru city has not given maximum attention to Micro, Small and Medium Enterprises so that they do not develop and make updates in innovating in accordance with science and technology and community needs.
Political Review by Parliament to Government Regulations in Lieu of Laws that have Been Tested by the Constitutional Court M. Husnu Abadi
Rechtsnormen Journal of Law Vol. 2 No. 1 (2024)
Publisher : Yayasan Pedidikan Islam Daarul Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i1.555

Abstract

Background. The principle of the rule of law is embraced by Indonesia, which declares itself as a state of law, the 1945 Constitution of the Republic of Indonesia authorizes the Constitutional Court to test laws against the basic law. Method. This study is a normative study, with the approach of legislation and several cases. The type of data used is secondary data, with descriptive qualitative analysis. Results. The results of the study state that the use of the authority to review Perpu by the Constitutional Court is a material change in the constitution, which can reduce or deprive the constitutional rights of the DPR in using political review, or can cause the Perpu to be determined by the DPR is not in accordance with the original, because it has been tested first by the Constitutional Court. Conclusion. However, when the Constitutional Court, as the interpreter of the Constitution, declared its authority to test the constitutionality of Perpu, controversy arose: The Constitutional Court has deviated from the Constitution, and on the contrary, the Constitutional Court has been correct in interpreting the Constitution even though it has increased its authority.

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