Rechtsnormen Journal of Law
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.
Articles
36 Documents
<![CDATA[Transitional Justice: What are the Reality and its Concept? ]]>
<![CDATA[Miftah Idris]]>;
<![CDATA[Abdul Razak]]>
<![CDATA[ Rechtsnormen Journal of Law Vol. 1 No. 1 (2023) ]]>
Publisher : <![CDATA[Yayasan Pedidikan Islam Daarul Thufulah ]]>
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DOI: 10.55849/rjl.v1i1.297
<![CDATA[Background. Transitional justice is an important framework that addresses the ongoing impact of human rights violations and systemic injustice during significant political transitions. Purpose. From the results of this study, it was found that the reality or facts that exist in transitional justice have several existing challenges, besides that there are also several ideal concepts in implementing transitional justice. Method. This research examines the reality and the actual concept of Transitional Justice. In fixing the problem, the researcher uses normative (doctrine) research methods with library data sources as secondary data. Results. includes a comprehensive, victim-centered, and transformative approach. The advice obtained for this research is that it is important to find innovative solutions and involve all stakeholders. Conclusion. includes a comprehensive, victim-centered, and transformative approach. The advice obtained for this research is that it is important to find innovative solutions and involve all stakeholders. ]]>
<![CDATA[Determination of Custody Rights (Hadhanah) for Children Who Are Not Yet Mumayiz to the Father ]]>
<![CDATA[Asantia Puspita Rohmah]]>;
<![CDATA[Prahasti Suyaman]]>;
<![CDATA[Asti Sri Mulyanti]]>
<![CDATA[ Rechtsnormen Journal of Law Vol. 1 No. 2 (2023) ]]>
Publisher : <![CDATA[Yayasan Pedidikan Islam Daarul Thufulah ]]>
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DOI: 10.55849/rjl.v1i2.307
<![CDATA[Background. One of the legal consequences of the breakdown of marriage due to divorce is the custody of children, which in fiqh literature is called Hadhanah. Purpose. The purpose of this paper is to: (a) provide information on the distribution of hadhanah rights to fathers for children who are not yet Mumayiz due to divorce. Method. The research method used in this research is a qualitative method with the type of normative juridical research based on primary and secondary legal materials, namely research that refers to the norms contained in the legislation. Hadhanah is a right that must be fulfilled by adults who are required to take care of the needs of a child including providing education and support to children who are not old enough. Results. The results of this study indicate that hadhanah in Islamic law prioritizes the best interests of the child. This is in accordance with the basic principles of Islamic law (found in the Qur'an and Hadith), which state that children have inherent rights in relation to both parents. Likewise, it is used in positive law in Indonesia. Parental authority over children after divorce according to the provisions of the two laws (Islamic Law and Indonesian Positive Law) is in line. Both divorced parents must continue to fulfill their children's hadhanah in accordance with the rights of children in the Child Protection Law, namely, the rights to life, growth, protection and participation. Conclusion. Therefore, when a divorce occurs, it will have certain legal consequences, especially the issue of Hadhanah (child custody). Hadhanah itself in fiqh terms is used two words but intended for the same purpose, namely Kafalah and Hadhanah. what is meant by Hadhanah or Kafalah in a simple sense is 'Maintenance or 'Care.]]>
<![CDATA[Legal Certainty of the Implementation of Mass Itsbat Nikah in Minimizing Marriages Without Certifitaces in the Religious Court of Sukabumi City ]]>
<![CDATA[Nadia Agustina]]>;
<![CDATA[Prahasti Suyaman]]>;
<![CDATA[Temmy Fitriah Alfiany]]>
<![CDATA[ Rechtsnormen Journal of Law Vol. 1 No. 1 (2023) ]]>
Publisher : <![CDATA[Yayasan Pedidikan Islam Daarul Thufulah ]]>
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DOI: 10.55849/rjl.v1i1.309
<![CDATA[Background. The Tax Court, basically, has been regulated in Law Number 14 Year 2002 on Tax Court. However, there is an issue relating to the ambiguous position of the Tax Court. Purpose. The purpose of this is to show that the position of the court is not independent, as it plays a role in both judicial and executive functions, which may result in a lack of independence in case decision making. Therefore, this study aims to determine the position of the tax court in the current judicial system in Indonesia. Method. This research uses normative juridical research method by reviewing secondary data obtained. Based on the results of the research, it was found that the latest Constitutional Court Decision Number 26/PUU-XXI/2023 has determined that the Tax Courts must transfer their organizational, administrative, and financial development responsibilities to the Supreme Court before 31 December 2026. Results. The consequence of this decision is that the organizational structure of the Tax Court will be directly under the supervision of the Supreme Court and no longer under the Ministry of Finance. Although the Tax Court will be transferred to the Supreme Court, it is important to maintain this situation as the transition requires adjustments in terms of organizational structure, employee status, and career opportunities for tax judges. All of these matters must be studied and solutions found by the Tax Court as the independence of tax judges means a lot to taxpayers seeking justice in their tax disputes. Conclusion. In addition to independence, the public also expects competent expertise and knowledge from tax judges as enforcers of justice in tax disputes.]]>
<![CDATA[Legal Politics of Holding the 2024 Elections the Absolute and Ideal and Constitutional ]]>
<![CDATA[Muhammad Zulhidayat]]>;
<![CDATA[Rosi Mirnawati]]>;
<![CDATA[Amina Intes]]>;
<![CDATA[Uwe Barroso]]>;
<![CDATA[Elladdadi Mark]]>
<![CDATA[ Rechtsnormen Journal of Law Vol. 1 No. 1 (2023) ]]>
Publisher : <![CDATA[Yayasan Pedidikan Islam Daarul Thufulah ]]>
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DOI: 10.55849/rjl.v1i1.313
<![CDATA[Background. The holding of simultaneous elections on April 17 2019 is a new history in the general election process in Indonesia. This is an implication of the Constitutional Court Decision Number 14/PUU/2013 in the case of reviewing Law Number 42 of 2008 concerning the General Election of the President and Vice President. Even though the simultaneous elections have been judged to be better than the previous elections, it does not mean that they do not have deficiencies in their implementation. Purpose. The most shocking problem was the large number of fatalities by election organizers which were considered to be the impact of the 2019 simultaneous election and other technical problems. Method. Looking at the various sides that emerged from the 2019 elections, the Association for Elections and Democracy (Perludem) conducted a judicial review of the 1945 Constitution to the Constitutional Court as outlined in the Constitutional Court Decision Number 55/PUU-XVII/2019. Results. In his argument, the applicant conveyed a number of things related to the analysis that had been carried out in the implementation of the simultaneous elections which were held in 2019 yesterday. In the results of this decision, the Constitutional Court reject the applicant's application in its entirety because it is considered that the application has no legal grounds. Conclusion. However, the Constitutional Court provided options related to simultaneous election models that can be selected and considered constitutional based on the 1945 Constitution. ]]>
<![CDATA[Analysis of Judgment Conditions in Making a Decision for Rehabilitation of Persons of Criminal Actions Based on Narcotics ABUSE Decision Number: 302/PID.SUS/2022/PN. TJK and Decision Number 217/PID.SUS/2022/PN.KLA ]]>
<![CDATA[Asep Hidayatulloh]]>;
<![CDATA[Xie Guilin]]>;
<![CDATA[Deng Jiao]]>;
<![CDATA[Yuanyuan Wang]]>
<![CDATA[ Rechtsnormen Journal of Law Vol. 1 No. 1 (2023) ]]>
Publisher : <![CDATA[Yayasan Pedidikan Islam Daarul Thufulah ]]>
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DOI: 10.55849/rjl.v1i1.314
<![CDATA[Background. Problems in handling cases of criminal acts of narcotics abuse, namely the emergence of criminal disparities in terms of sentencing, such as in cases of criminal acts of narcotics abuse in Decision Number: 302/Pid.Sus/2022/PN. Tjk and Decision Number 217/Pid.Sus/2022/PN.Kla. Purpose. What are the factors that cause differences in judges' legal considerations in imposing decisions on rehabilitation of perpetrators of narcotics abuse based on Decision Number: 302/Pid.Sus/2022/PN. Tjk and Decision Number 217/Pid.Sus/2022/PN.Kla. What are the legal considerations of judges in making decisions on rehabilitation of perpetrators of narcotics abuse based on Decision Number: 302/Pid.Sus/2022/PN. Tjk and Decision Number 217/Pid.Sus/2022/PN.Kla. Method. The research was carried out using a normative juridical approach and an empirical approach. The data used in this study were secondary data obtained from library materials, and field research was carried out by observation and interviews (interviews). The data obtained were analyzed qualitatively and juridically and deductively concluded. Results. the factors that cause differences in judges' considerations in imposing decisions are sourced from the legal system and sentencing philosophy, sourced from judges, and sourced from defendants. The occurrence of disparity is also due to the factor that the Panel of Supreme Court Justices has different legal considerations and the principle of judging themselves so that there is a different application of Articles from Court Decisions of first level and appellate level.: 302/Pid.Sus/2022/PN. Tjk and Decision Number 217/Pid.Sus/2022/PN.Kla. Conclusion. Suggestions in this study are that the Panel of Judges in cases of criminal acts of narcotics abuse should minimize criminal disparities to prevent the development of a negative perspective of society towards the criminal system in judicial institutions.]]>
<![CDATA[The Position of the Tax Court in the Indonesian Judicial System After the Decision of the Constitutional Court Number 26/PUU-XXI/2023 ]]>
<![CDATA[Yosia Clementino Moningka]]>;
<![CDATA[Rasji Rasji]]>
<![CDATA[ Rechtsnormen Journal of Law Vol. 1 No. 1 (2023) ]]>
Publisher : <![CDATA[Yayasan Pedidikan Islam Daarul Thufulah ]]>
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DOI: 10.55849/rjl.v1i1.318
<![CDATA[Background. The Tax Court, basically, has been regulated in Law Number 14 Year 2002 on Tax Court. However, there is an issue relating to the ambiguous position of the Tax Court. Purpose. The purpose of this is to show that the position of the court is not independent, as it plays a role in both judicial and executive functions, which may result in a lack of independence in case decision making. Therefore, this study aims to determine the position of the tax court in the current judicial system in Indonesia. Method. This research uses normative juridical research method by reviewing secondary data obtained. Based on the results of the research, it was found that the latest Constitutional Court Decision Number 26/PUU-XXI/2023 has determined that the Tax Courts must transfer their organizational, administrative, and financial development responsibilities to the Supreme Court before 31 December 2026. Results. The consequence of this decision is that the organizational structure of the Tax Court will be directly under the supervision of the Supreme Court and no longer under the Ministry of Finance. Although the Tax Court will be transferred to the Supreme Court, it is important to maintain this situation as the transition requires adjustments in terms of organizational structure, employee status, and career opportunities for tax judges. All of these matters must be studied and solutions found by the Tax Court as the independence of tax judges means a lot to taxpayers seeking justice in their tax disputes. Conclusion. In addition to independence, the public also expects competent expertise and knowledge from tax judges as enforcers of justice in tax disputes.]]>
<![CDATA[The Legal Politics of Regulating Indigenous Peoples ]]>
<![CDATA[Kenneth Adriel]]>;
<![CDATA[Tania Winata]]>;
<![CDATA[R.A Steffie Rossellini]]>;
<![CDATA[Jeane Neltje]]>
<![CDATA[ Rechtsnormen Journal of Law Vol. 1 No. 1 (2023) ]]>
Publisher : <![CDATA[Yayasan Pedidikan Islam Daarul Thufulah ]]>
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DOI: 10.55849/rjl.v1i1.319
<![CDATA[Background. This research raises the issue of the existence of customary law communities in Indonesia, as well as the dynamics of customary law communities seen from the decision of the Constitutional Court. Purpose. This research is focused on analyzing two things, namely: First, what is the existence of indigenous peoples in Indonesia? Second, how is the legal politics of indigenous peoples through the decision of the Constitutional Court? This research uses a statute approach. Method. his research uses a statute approach. In addition, a case approach is also used to find out the ratio decidendi used by the Constitutional Court judges in deciding cases of judicial review of laws related to indigenous peoples. Results. The results of the study concluded: first, the existence of indigenous peoples in Indonesia has been accommodated in various spheres of legislation, both in the 1945 Constitution, Laws, Regional Regulations, Governor Decrees, and Regent Decrees. Second, the legal politics of indigenous peoples through the decision of the Constitutional Court strengthens the existence of indigenous peoples in Indonesia by providing various interpretations or explanations. Conclusion. this study are that the Panel of Judges in cases of criminal acts of narcotics abuse should minimize criminal disparities to prevent the development of a negative perspective of society towards the criminal system in judicial institutions. ]]>
<![CDATA[Implementation of Ta'awun and Sadd Dzari'ah concepts in Mutabarok Bunda Sejahtera Financing at PT. BPRS Magetan ]]>
<![CDATA[Wedi Pratanto Rahayu]]>;
<![CDATA[Muammar Al Fikri]]>;
<![CDATA[Guijiao Zou]]>;
<![CDATA[Lie Jie]]>;
<![CDATA[Cai Jixiong]]>
<![CDATA[ Rechtsnormen Journal of Law Vol. 1 No. 2 (2023) ]]>
Publisher : <![CDATA[Yayasan Pedidikan Islam Daarul Thufulah ]]>
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DOI: 10.55849/rjl.v1i2.346
<![CDATA[Background. The importance of conducting this research is because the function and role of Islamic banks does not only solves the capital needs of society, but the practice is in accordance with the constitution and to realize the benefit of society. As contained in this Mutabarok Bunda Sejahtera financing. This financing is not only a solution to the capital needs of small traders but also applies the concept of ta’awun and sadd dzari’ah. Purpose. This research aims to know the implementation of the concept of ta’awun and sadd dzari’ah in the practice of Mutabarok Bunda Sejahtera financing at PT BPRS Magetan. Method. The type of research used in this research is a type of qualitative research, namely research that explores the implementation of a concept applied in the field, namely the implementation of the concept of ta'awun and sadd dzari'ah in Mutabarok Bunda Sejahtera Financing at PT. Results. PT BPRS Magetan is one of the banks in the form of a Limited Liability Company in Magetan Regency, East Java Province, which is based on a sharia system with the largest shares owned by the Magetan Regency Government. Conclusion. Its existence is very helpful to the economy of the people of Magetan Regency, through the activities of raising funds and channeling funds, so that the rotation of the economy of the community can run.]]>
<![CDATA[Understanding the Extent of Doctor’s Liability in Medical Disputes ]]>
<![CDATA[Bella Agatha Fernando R]]>;
<![CDATA[Budiarsih Budiarsih]]>
<![CDATA[ Rechtsnormen Journal of Law Vol. 1 No. 3 (2023) ]]>
Publisher : <![CDATA[Yayasan Pedidikan Islam Daarul Thufulah ]]>
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DOI: 10.55849/rjl.v1i3.348
<![CDATA[Background. In order to protect themselves from the possibility of being arrested and subjected to criminal penalties, doctors developed defensive medicine, which is currently being widely applied by many doctors. This is motivated by a situation where the patient is dissatisfied with the results of the medical action that has been carried out and complains about this to the police and some patients often do not want to use the mediation first, then cases like this will end up in court. Purpose. The purpose of this research is to explain how responsibility is imposed on doctors for medical disputes and violations that occur to patients. Method. This type of research is normative, the writer also uses statute approach and conceptual approach to analyze the issue. Results. Based on the background problems, the results obtained from this research are that a doctor who has carried out their duties in accordance with professional standards, service standards, and standard operating procedures is entitled to legal protection. Conclusion. An action can be said to be malpractice if an element of negligence is found in the medical action, whereas in medical risk there is no element of negligence. That if a mistake cannot be found, the doctor cannot be held responsible.]]>
<![CDATA[Analysis of Legal Capacity in Marriage Dispensation Applications Filed by Bridegroom Candidate ]]>
<![CDATA[Rasikh Adila]]>;
<![CDATA[Aprina Chintya]]>
<![CDATA[ Rechtsnormen Journal of Law Vol. 1 No. 3 (2023) ]]>
Publisher : <![CDATA[Yayasan Pedidikan Islam Daarul Thufulah ]]>
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DOI: 10.55849/rjl.v1i3.371
<![CDATA[Background. The filing of a case with the court must be done by a person who is legally competent and has legal standing for the case being filed. This legal capacity is related to the age of majority or maturity, as regulated in Article 330 BW. Purpose. This study aims to analyze the legal competence in an application for dispensation of marriage submitted by the bride-to-be herself as the applicant. This research uses a qualitative method with a descriptive analysis approach. Method. The type of research used is empirical normative legal research (applied legal research). This research uses secondary data with documentation data collection techniques. The document used in this research is the Decision of the Purwodadi Religious Court Number 198/Pdt.P/2018/PA.Pwd. The data analysis technique in this research is content analysis technique. Results. From this study, it was found that although in decision number 198/Pdt.P/2018/PA.Pwd the child can act as an applicant in a marriage dispensation case, Article 6 of Perma Number 5 of 2019 concerning Guidelines for Adjudicating Marriage Dispensation Applications has closed this opportunity so that when a child who is getting married is not old enough and does not have a parent or guardian, he cannot apply for marriage dispensation to the court. Conclusion. Based on the results of the above research, it can be concluded that civil legal capacity means a person's ability to perform legal acts and therefore be accountable for the legal consequences.]]>
