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RechtIdee
Published by Universitas Trunojoyo Madura
ISSN : 19075790     EISSN : 2502762X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
RechtIdee is published twice a year in June and December containing articles result of thought and researchs in law. This journal encompasses original research articles, review articles, and short communications, including: Private Law Penal Law State and Administrative Law International Law Islamic Law Customary Law Law and Human Rights Criminology Victimology Business Law Intellectual Property Rights Law Environmental Law Labor Law E-Commerce Law Banking and Financial Institution Law Competition Law Bancruptcy Law Syariah Economic Law Procedural Law Any article related of law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
 1 
Search results for , issue "Vol 17, No 1 (2022): June" : 8 Documents clear
VICTIM IMPACT STATEMENT DALAM SISTEM PERADILAN PIDANA: SEBUAH URGENSI HUKUM Anggi Mustavia Maulani; Rusmilawati Windari
RechtIdee Vol 17, No 1 (2022): June
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v17i1.14369

Abstract

In criminal justice system, the impact of crime suffered by victims is less considered. In international sphere, the consideration of impact suffered by the victim is known as the Victim Impact Statement (VIS).  It is geared to determine the importance of VIS in the criminal justice system in Indonesia. This research is a normative legal research with statutory and conceptual approaches. All of the data are collected by using library and online search. Based on the research results, the urgency of VIS regulation is seen from 4 (four) basis, namely: (1) philosophical basis, the value of justice is the right of all people in equal treatment before the law; (2) the juridical basis, the limitations of the rules that explicitly regulate the rights of victims in the trial; (3) the political basis, the government has accommodated the Basic Principles of justice for victims of crime and abuse power 1985; (4) sociological basis, victims often experience injustice, VIS must be regulated to provide opportunities for victims to voice the impact of crimes suffered by them. The regulation of VIS will give space for victim involvement  in the judicial process and gaining satisfaction with the judge's decision.
KEABSAHAN PERINTAH LISAN ATAS PENGHILANGAN WAKTU ISTIRAHAT MINGGUAN DAN UPAH LEMBUR Asri Wijayanti; Aldiansah Pratama
RechtIdee Vol 17, No 1 (2022): June
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v17i1.10767

Abstract

Overtime pays and work agreements between workers and outsourcing companies are often not enforceable. This study aims to determine the form of legal protection for overtime wages in outsourcing companies and their legal remedies. This research is normative juridical, especially on legal systematics and the level of legal synchronization. The results showed that there must be overtime orders and worker approvals. Overtime work is given after working more than 40 hours/week, a maximum of 4 hours/day and 18 hours/week. Employers are required to provide adequate rest time and minimum consumption of 1400 kilo calories. Guarantees for overtime pay are difficult to apply to outsourcing companies because work orders are given by employers to workers, not based on contracts that workers have made with outsourcing companies.. The legal remedy that can be taken by workers who do not receive overtime pay at the outsourcing company is to conduct bipartite negotiations with the entrepreneur who runs the outsourcing company. If it fails, you can apply for mediation; the lawsuit will be submitted to the Industrial Relations Court.
KEABSAHAN STABLE COIN DALAM SISTEM PEMBAYARAN TERINTEGRASI Reka Dewantara; Rekyan Pandansari
RechtIdee Vol 17, No 1 (2022): June
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v17i1.12166

Abstract

The non-cash payment instrument that is currently widely used is electronic money. The electronic currency that is currently developing is Stable coin as an answer to the obstacles faced by the payment system where it still relies on third parties as payment product issuing companies but regulations still show inconsistencies in the regulation. The research problem formulation in this article is what are the juridical implications for the validity of transactions using stable coins in a payment system that is integrated with a foreign exchange transfer system. The type of research in this article uses normative juridical research with interpretation analysis techniques on legal materials. The results of the study indicate that the use of stable coins for remittance purposes and foreign trade is legal, as long as the parties agree to use stable coins as a closed loop payment instrument in the system. The use of stable coins in remittances is only limited as a means of intermediary for remittances, but if the use of stable coins is limited it will have negative implications for growth supporting institutions of remittances.
PRINSIP ITIKAD BAIK DALAM LEMBAGA RECHTSVERWERKING PADA SISTEM AGRARIA INDONESIA Mufarrijul Ikhwan; Munaddhimatus Silmi; Putri Kinanthi Dhayaning Bumi
RechtIdee Vol 17, No 1 (2022): June
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v17i1.14604

Abstract

Rechtsverwerking, term of customary law adopted in agrarian law, means losing land rights have been cultivated by other people on basis of good faith. This event can cause legal uncertainty and losses for other parties. This study aims to analyze the principle of good faith in rechtsverwerking in agrarian law, using a statutory and conceptual approach. Based on the analysis, it was found the principle of good faith in rechtsverwerking can be applied to land tenure for a minimum of twenty years and no one has filed a lawsuit for five years after  registration at the Land Office. This regulation has consequences for people who previously used the land but were abandoned, then done by other people and the previous land ruler did not carry out certain legal actions, their land rights could potentially be lost. Legal certainty is the purpose of regulation, but it cannot be denied that justice and expediency are also legal goals. So, someone who obtains rights based on rechtsverwerking needs to heed the principle of good faith and the acquisition of his rights does not harm the previous cultivator.
ANALISIS KEBIJAKAN PIDANA PADA TINDAK PIDANA PEMBUNUHAN DALAM KEADAAN MABUK Teguh Apriyanto; Eko Soponyono; Umi Rozah
RechtIdee Vol 17, No 1 (2022): June
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v17i1.14417

Abstract

Criminal liability is only imposed on legal subjects who according to law can be held accountable. This study aims to conduct a juridical analysis and study of the problem, how to assess the crime of murder committed by drunk people. The research method used in this research is normative juridical using secondary data sourced from literature studies. Based on the analysis and study in this study, it is known that drunken murder has not been regulated with certainty in the main regulations of criminal law, namely the Criminal Code (KUHP), but based on the interpretation of the judge in his decision on the criminal case of drunken murder, perpetrators are still punished. The conviction of the perpetrator was based on the consideration that there were two criminal acts that he was charged with, namely the crime of drinking alcohol and the crime of murder. The development of criminal law in the future is expected to provide an explanation regarding the crime of murder in a drunken state.
KRITERIA PERJANJIAN INTERNASIONAL YANG HARUS MENDAPATKAN PERSETUJUAN DEWAN PERWAKILAN RAKYAT Setyo Widagdo; Ikaningtyas Ikaningtyas
RechtIdee Vol 17, No 1 (2022): June
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v17i1.11051

Abstract

This article discusses the criteria for international agreements that must get   approval from Indonesian Legislative Assembly with focus on two problem what is the legal implications of Constitutional Court decision number 33/PUU-XVI/2018  for the criteria of international agreements that must be approved by Indonesian Legislative Assembly and how to determine the criteria of the international treaties that have broad and fundamental effects on people's lives which is related to the country’s financial burden. This is a normative legal research. The results of this study is that the legal implications of the Constitutional Court's decision for the criteria of international agreements which must have approval of Indonesian Legislative Assembly should be positive. Asides from not giving any limit of the criteria, it can also be used as a control for the government carelessness in ratifying international agreements in trading which is almost always using Presidential Regulation instrument. To determine the criteria that an international agreement has broad consequences and fundamentals related to the country’s financial burden or require establishment of regulation, is carried out through a consultation mechanism, and the results of this consultation are recommendations and respected.
PENUNDAAN PEMILIHAN UMUM DALAM PERSPEKTIF DEMOKRASI Yudi Widagdo Harimurti
RechtIdee Vol 17, No 1 (2022): June
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v17i1.14298

Abstract

In the implementation of a democratic state, the implementation of what is commonly called a General Election is needed, especially in representative government. This is because the government’s authority is only obtained with the approval of the governed (the people). Democratic elections are not just simbols, the are competitive, periodic, inclusive and definitive elections. The legality of people’s involvement in the success of democratic parties in Indonesia, as regulated by Article 22 E of the 1945 Constitution of the Republic Indonesia. This research is a normative research, using statute approach and historical approach and analysis using the deductive method. The result of this research is that general elections in Indonesia should be held regularly, continuously and temporarily, especially in a presedential system of government. The consequence is that there is no postponement of the election, considering that the country is not in state of emergency (staatsnoodrecht or noodstaatsrecht). It means that the purpose of this research is to hold elections to fill public positions, namely the President and Vice President, the People’s Representative Council (DPR) and the Regional Representative Council (DPD).
KEDUDUKAN HUKUM HARTA PERKAWINAN DALAM PERKAWINAN SIRRI DALAM PERSPEKTIF HUKUM INDONESIA Isetyowati Andayani; Raden Besse Kartoningrat
RechtIdee Vol 17, No 1 (2022): June
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v17i1.11274

Abstract

Marriage is a human right that is protected by laws and regulations, the role of the state in regulating the occurrence of marriage. The marriage that occurs causes a series of legal relationships that occur both before and after the marriage. One of the objects of the legal relationship is the existence of marital property. In this study using normative research as well as a law approach and a conceptual approach. This study will examine more deeply about the position of assets from the results of sirri marriages in the legal perspective in Indonesia. If their marriage is legal then the consequences of their marital property can also be enjoyed by husband and wife so that the opposite applies if the marriage is not valid then their marital property will not benefit them. . Sirri (secret) marriages, or often sirri marriages, are known to those who are Muslim. Sirri marriages are unregistered marriages. In the Compilation of Islamic Law (KHI) the rules for those who are Muslim. Also do not know sirri marriage. KHI also regulates the obligation to register marriages, in addition to fulfilling the pillars and requirements of marriage.

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