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Uswatun Hasanah
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Faculty of Law, University of Trunojoyo Madura, Indonesia Jl. Raya Telang - Kamal, Bangkalan.
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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 7 Documents
 1 
Search results for , issue "Vol 18, No 1 (2023): JUNE" : 7 Documents clear
PENERAPAN DUE PROCESS MODEL TERHADAP TERSANGKA PADA MASA PANDEMI COVID 19 DI POLRES CILEGON Ridwan Ridwan; Ahmad Lanang Citrawan; Belardo Prasetya Mega Jaya; Fanny Khalifatu Zanah; Khoiruttamam Khoiruttamam; Anisa Lutfiah; Norma Risca Pratiwi
RechtIdee Vol 18, No 1 (2023): JUNE
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v18i1.18823

Abstract

Article 1 point 2 of the Criminal Procedure Code states that investigations must be carried out based on this law (KUHAP) wherein the Criminal Procedure Code regulates evidence in the form of statements not confessions, where evidence may not be subject to violence, both physical and psychological, for this reason an examination is required with using the Due Process Model. This study uses a qualitative method with a normative juridical approach. Operationally it was carried out by library research and field studies at the Cilegon Police Station. The results of this study are that the examination of suspects carried out by investigators at the Cilegon Police Precinct before the Covid-19 pandemic was carried out professionally using the Due Process Model inspection system. Likewise, the examination of suspects during the Covid-19 pandemic, where the application of responsive law in an examination in the context of fulfilling the suspect's rights so that his case is immediately examined with a guarantee of justice which is part of the legal service or legal services.
PERAN NEGARA DALAM MELINDUNGI HAK TENAGA KERJA INDONESIA DI MASA PANDEMI COVID-19 Yulianto Syahyu
RechtIdee Vol 18, No 1 (2023): JUNE
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v18i1.13941

Abstract

It is undeniable that the emergence of the Covid-19 pandemic is unavoidable and has an impact on all lines of life, including the economic sector, as a result, it not only has an impact on the decline in the level of the economy but also has an impact on termination of employment. This article aims to examine the policies taken by the State, in this case the Government and what the government should do in order to protect the rights of Indonesian workers duringithe Covid-19ipandemic. The researchimethod used isinormative juridical by reviewing the applicable laws and regulations. The results of the study indicate that in terms of protection of workers, steps or policies taken by the government are to issue several regulations as firm steps regarding legal protection efforts for workers and their implementation for workers. In addition to regulations and technical rules that are regulated for workersiduring the Covid-19ipandemic, the Government has also issued several policiesito cope withtthe impact of Covid-19, namely in the form of social policies that are expected to be felt directly for the workforce. 
PROBLEMATIKA PENGATURAN PARIWISATA HALAL DI KABUPATEN PAMEKASAN-MADURA Deni Yuherawan; Eny Suastuti; Uswatun Hasanah
RechtIdee Vol 18, No 1 (2023): JUNE
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v18i1.19375

Abstract

The declaration of the development of halal tourism in Pamekasan still leaves problems. The burning case of a newly established tourist spot in Pamekasan indicates this phenomenon. The purpose of this study is to examine regulations regarding halal tourism in Pamekasan, which is known as the city of the Islamic community development movement (Gerbang Salam) and the problems that arise from the implementation of these regulations. This research is a sociolegal research, using primary data and secondary data. The data obtained were analyzed qualitatively. The results of the study show that in Pamekasan there is a Pamekasan Regency Regional Regulation Number 2 of 2019 as a regulation that regulates the implementation of entertainment and recreation so that it is in accordance with the customary, religious and cultural values of the community. The problem that arises is that there are still differences in perceptions between entertainment managers and the local community, supervisory institutions are not firm in taking action against violations of entertainment and recreation businesses that violate local regulations, giving rise to vigilante actions by the surrounding community.
PERLINDUNGAN HUKUM TERHADAP HAK PENGELOLAAN DAN PEMANFAATAN ATAS TANAH OLEH MASYARAKAT HUKUM ADAT YANG BERADA DALAM KAWASAN TAMAN NASIONAL KELIMUTU Christiana Sri Murni; Yohanes Pande; Bernadus B. Kelen
RechtIdee Vol 18, No 1 (2023): JUNE
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v18i1.6130

Abstract

The establishment of the zoning of the Kelimutu National Park by the relevant agencies resulted in the management of the forest area being closed to the access of the Customary Law community as the owner of agricultural/plantation land in Niowula Village, Detusoko District, Ende Regency and this is detrimental to the community. In this regard, this study aims to examine how customary forests are regulated in the versions of regulations before and after the Constitutional Court Decision No. 35/PUU-X/2012. This research is a normative research using a statutory approach. The existing primary and secondary legal materials were then subjected to a qualitative juridical analysis. The results of the study show that the constitution requires conflict resolution to be carried out using a functional approach and a human rights approach, but in fact the use of a human rights approach creates a conflict between the rules under the constitution and the constitution. This requires the government to harmonize regulations because there are still many regulations which are very dominant with a functional approach, and very little use of a human rights approach.
LEGAL PROTECTION OF NIKE TRADEMARK HOLDERS (STUDY IN KLITHIKAN MARKET OF YOGYAKARTA) Doni Prasetio; Ani Yunita
RechtIdee Vol 18, No 1 (2023): JUNE
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v18i1.18640

Abstract

Legal protection for Nike trademark holders in the Klithikan Pakuncen market in Yogyakarta is still not effective because there is no special regulation to protect Nike trademark holders. Law Number 20 of 2016 concerning Marks and Geographical Indications only concerns the protection of counterfeit goods. This research aims to determine the legal protection for the holder of the Nike trademark on counterfeit shoes in the Klithikan Pakuncen market in Yogyakarta. This study uses a type of combined legal research (normative-empirical) with a legal approach to examine the laws and regulations governing the legal protection of Nike trademark holders on counterfeit shoes circulating in the Klithikan Pakuncen Market, Yogyakarta. The study results concluded that legal protection for holders of counterfeit shoes at the Klithikan Pakuncen Market in Yogyakarta was not effective because the Ministry of Law and Human Rights and the Department of Industry and Commerce had not fully supervised, fostered, nor taken action. Brand infringement which is a complaint offense means that there is not yet complete extra supervision from brand owners to file complaints to parties such as the Ministry of Law and Human Rights and the Department of Industry and Commerce, which should enforce the law instead of doing it passively.
TINJAUAN YURIDIS EKSEKUSI PEMBEBASAN TANAH BAGI PEMBANGUNAN UNTUK KEPENTINGAN UMUM Dody W. Leonard Silalahi; Nabitatus Sa’adah
RechtIdee Vol 18, No 1 (2023): JUNE
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v18i1.19291

Abstract

This study aims to determine the legal basis of the land acquisition process and mechanism, as well as to find out the obstacles that occur in the mechanism of land acquisition for the public interest. In practice, that the need for land will in turn have an impact on various land use issues, land affairs are not only related to socio-economic aspects, but are also related to juridical issues. Because in an effort to use land, it is necessary to provide a guarantee of legal certainty. This research is important in order to be able to overcome the problems regarding land acquisition for public interest in Indonesia. This research method is normative juridical. The results of the study concluded that in carrying out land acquisition referring to Law no. 2 of 2012 concerning Land Procurement for Development in the Public Interest which consists of the planning, preparation, implementation and delivery of results. In addition, the details of the implementation and process are regulated in Presidential Regulation no. 148 of 2015 which updated Presidential Regulation No. 71 of 2012 concerning the Implementation of Land Procurement for Development in the Public Interest.
HARTA BERSAMA DAN PERJANJIAN PERKAWINAN DALAM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 69/PUU-XIII/2015 MENURUT PERSPEKTIF HUKUM ISLAM Indah Purbasari; Moh. Syaifur Rijal
RechtIdee Vol 18, No 1 (2023): JUNE
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v18i1.5859

Abstract

Indonesian Constitution Court Verdict Number 69/PUU-XIII/2015 legitimates the rule on matrimonial property stated in Marriage Law. Meanwhile, it extends the intepretation of Pre-nuptial Agreement at which it can be held pre-marriage and/or during marriage. This verdict appears legal issue on the shariah compliance. The research used legal method by applying statute and conceptual approach. The result of this research found that Indonesian Constitution Court Verdict on matrimonial property has contradiction to The Islamic Law at which Al-Quran rules property ownership principle separately. Besides, The Verdict allows pre-nuptial agreement made before and/or during marriage has no shariah compliance. Pre-nuptial agreement can be analogically similar with the condition agreed before marriage. It means that pre-nuptial agreement must be consented before the declaration of marriage.

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