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Contact Name
Mochammad Tanzil Multazam
Contact Email
rechtsidee@umsida.ac.id
Phone
+6231-8945444
Journal Mail Official
rechtsidee@umsida.ac.id
Editorial Address
Universitas Muhammadiyah Sidoarjo Jl Majapahit 666 B Sidoarjo
Location
Kab. sidoarjo,
Jawa timur
INDONESIA
Rechtsidee
ISSN : 23388595     EISSN : 24433497     DOI : https://doi.org/10.21070/jihr
Core Subject : Humanities, Social,
RECHTSIDEE, provides a forum for publishing the original research articles, review articles and book review from academics, analysts, practitioners and those who interested to provide literature on Legal Studies and Human Rights in all aspects. Scientific articles dealing with Civil Law, Islamic Law, Indonesian Law, Business Law, Constitutional Law, Criminal Law, Administrative Law, International Law, Philoshophy of Law, and Human Rights are particularly welcome.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 77 Documents
Criminal Justice System of Children in The Law Number 11 of 2012 (Restorative Justice) Ansori Ansori
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.v1i1.95

Abstract

The future of the children will determine the future of the nation. The increasing problem of juvenile delinquency in this globalization and information technology era, requires the state to give more attention to the child's future. Application of the criminal justice system for children in Indonesia is as stipulated in Law Number 3 of 1997 potentially detrimental to the child's interests. In practice, the judicial system had many problems, among them is a violation of the rights of children, such as: physical and psychological violence, as well as deprivation of the right to education and welfare. It happened because the juvenile justice system is against to national and international regulations on the protection of children’s rights. Besides that, theory of punishment for the juvenile delinquency still refers to the concept of retribution for the crimes. This concept is not very useful for the development of the child, so the concept need to be repaired with the concept of restorative justice. With this concept, the criminal justice system for the juvenile delinquency, leads to the restoration of the state and the settlement pattern, involving the perpetrator, the victim, their families and engage with the community. This is done with consideration for the protection of children against the law. Whereas in line with this spirit of the restorative justice, it gives birth to the Law No. 11 of 2012 on The Criminal Justice System of Children.
Sales with Privately Made Deed Over The Object Under Hak Tanggungan Based on The Authorization to Sell in Banking Practice Sri Budi Purwaningsih
Rechtsidee Vol 1 No 2 (2014): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v1i2.100

Abstract

The extension of credit contain a risk that must be covered by the bank, because the credit is given now and pay later. To minimize the risk of loans, the bank will ask the debtor to provide collateral as a source of repayment of the debt if the debtor default or breach of the contract. According to Article 1131 Civil Code (KUH Perdata), all assets of a debtor, either moving or fixed objects, both existing and new will exist in the future, a guarantee for all debts of the engagement. This means that by itself or in order to pass laws providing collateral by a debtor to any creditor for all debtor's property. Sales with Privately Made Deed over the object in the hak tanggungan banking practices may be more effective and efficient both in terms of time and costs for the settlement of non-performing loans. But in practice, occurs some offense prescribed procedure leading to doubts about the legality aspect of sales with privately made deed over the object under hak tanggungan based on the authorization to sell in banking practice. How To Cite: Purwaningsih, S. (2014). Sales with Privately Made Deed Over The Object Under Hak Tanggungan Based on The Authorization to Sell in Banking Practice. Rechtsidee, 1(2), 191-204. doi:http://dx.doi.org/10.21070/jihr.v1i2.100
Tapping: Political Delict That Injure The Rule of Law in The Modern States (Case of Indonesia President Susilo Bambang Yudhoyono/SBY Tapping by Australian Signal Directorate/ASD) Noor Fatimah Mediawati
Rechtsidee Vol 1 No 2 (2014): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v1i2.104

Abstract

The interception case of SBY, his wife and the other official, by ASD/ Australian Signal Directorate to be a central topic in this paper. Start of the case, and then it searches in the category, such as general criminal offense, special criminal offense, or political criminal offense. The study becomes interesting because the tapper country and his object country have the same characteristic, that is the country with supremacy of law. With the result that, the criminal offense, specifically for this interception, it is like injury to the rule of law. How To Cite: Mediawati, N. (2014). Tapping: Political Delict That Injure The Rule of Law in The Modern States (Case of Indonesia President Susilo Bambang Yudhoyono/SBY Tapping by Australian Signal Directorate/ASD). Rechtsidee, 1(2), 163-174. doi:http://dx.doi.org/10.21070/jihr.v1i2.104
The Law Enforcement of Journalism Profession in The Context of Press Freedom Sri Ayu Astuti
Rechtsidee Vol 1 No 2 (2014): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v1i2.97

Abstract

Law No. 40 of 1999 on Press is a manifestation of respect for the legal protection of press workers . Press in their role contributes to the intellectual level of the nation, through the information submitted in news publications, as well as bringing stipulated by the 1945 Constitution of Republic of Indonesia on freedom of thought and speech as Human Rights. However, in carrying out their journalistic duties, the Press should have responsibilities in the news process, and must not violate the ethics of his profession. Press that violates profession intentionally or unintentionally in the writing and publication of news in the public sphere, will still do the law enforcement process for any misuse of the meaning of freedom of speech and thought that harm others. Enforcement of this law, in line with the revocation of the right of immunity of profession issued by the Constitutional Court, which means the Press as a Professional must do the job with the precautionary principle, not by carelessness due to the trapped arrogance of jobs, and injuring other people's human rights, even doing work profession with not commendable behavior. How To Cite: Astuti, S. (2014). The Law Enforcement of Journalism Profession in The Context of Press Freedom. Rechtsidee, 1(2), 175-190. doi:http://dx.doi.org/10.21070/jihr.v1i2.97
The Authority of Notary as Public Official in The Making of Land Deed and Auction Minutes Deed According to The Law Number 30 of 2004 on Notary Mochammad Tanzil Multazam
Rechtsidee Vol 1 No 2 (2014): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v1i2.94

Abstract

Birth of Law No. 30 of 2004 on Notary, regarded as the beginning of reforms in the field of notary. A notary who previously carried out its duties based on the Dutch heritage regulations Reglement op Het Notaris Ambt in Indonesie (Stb. 1860:3) was started feels aware of its existence by the government. However, one of the impact of these laws is the extension of the authority of the notary to make the auctions minutes deed and the land deed, but as it is known in advance, making auctions minutes deed is the authority of the auction official, and make the land deed is the land deed official authority (known as PPAT ). Based on Vendu Reglement (VR), only authorized officials that can make auctions minutes deed, and if the notary push him to make it, then the power of the deed will degrade into privately made deed because it is not made by the competent authority. As with the land deed, authorized officials to make the land deed is PPAT, but the authority specified in Article 2 paragraph (2) of Government Regulation No. 37 of 1998 on Land Deed Official. Therefore, the Notary can make land deed, on condition not including the deed contained in that Article 2 paragraph (2). How To Cite: Multazam, M. (2014). The Authority of Notary as Public Official in The Making of Land Deed and Auction Minutes Deed According to The Law Number 30 of 2004 on Notary. Rechtsidee, 1(2), 147-162. doi:http://dx.doi.org/10.21070/jihr.v1i2.94
The Indonesian Government's Liability Against Forest Fires That Caused Losses to Malaysia Rizal Bagus Habibulloh; Rifqi Ridlo Phahlevy
Rechtsidee Vol 9 (2021): December (on progress)
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.
The Independence of Notary in The Civil Partnership of Notary Adha Dia Agustin
Rechtsidee Vol 1 No 2 (2014): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v1i2.102

Abstract

The continued development of business in Indonesia, would make the greater role of the notary. The number of notaries and needed in each region in Indonesia gets greater. This rapid development, then coupled with the new policy. Previously, Peraturan Jabatan Notaris(PJN) prohibited Perserikatan, but since the establishment of Undang-Undang Jabatan Notaris (UUJN) has changed otherwise. Notary possible to make associations in a Civil Partnership. Even Peraturan Menteri Hukum dan HAM RI Nomor: M.HH.01.AH.02.12 Tahun 2010 tentang Persyaratan Menjalankan Jabatan Notaris Dalam Bentuk Perserikatan Perdata described the formation of the implementing regulations of the Civil Partnership. Is it true that Civil Partnership would make science benefit for junior notary and will facilitate the work of a Notary Or it would make large colonies notary who compete each other, so that the function of a notary public is no longer as state officials, but it called the company deed. This journal examines the Civil Partnership in Kitab Undang-Undang Hukum Perdata and would review the principle of the independence of the notary as set forth in Undang-Undang Jabatan Notaris. How To Cite: Agustin, A. (2014). The Independence of Notary in The Civil Partnership of Notary. Rechtsidee, 1(2), 131-146. doi:http://dx.doi.org/10.21070/jihr.v1i2.102
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.
Strategy to Arrange Gender Responsive Budget in ex Besuki Residency Sulistio Adiwinarto; Baktiawan Nusanto
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.v2i1.5

Abstract

This study aims to determine the participation of women in development planning meeting, knowing the form of gender responsive policies, identifying the cause of the gender responsive policy problem, and strategy formulation of the budget in ex Besuki Residency such as Jember, Bondowoso, Situbondo, and Banyuwangi which still not responsive to the needs of women. In the first year, this study intends to identify the process of formulation, implementation, and evaluation of the local budget in Ex Besuki residency conducted by the respective local governments. Based on the research in the first year, researchers will formulate development strategies in the formulation of gender-responsive policies. The method of research is quantitative descriptive study, study documentation, primary and secondary data analysis, interviews and focus group discussions. In the second year of the study are expected to form a strategy and policy formulation concept of gender responsive budgeting through a combination previously existing concepts, adapted to the results of the first year of study at the study site. How To Cite: Adiwinarto, S., & Nusanto, B. (2015). Strategy to Arrange Gender Responsive Budget in ex Besuki Residency. Rechtsidee, 2(1), 65-78. doi:http://dx.doi.org/10.21070/jihr.v2i1.5
Dispute Settlement Patterns on The Village Chief Election at Bondowoso Regency Fauziyah Fauziyah; Sri Praptianingsih
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.v2i1.8

Abstract

Village elections (Pilkades) is a direct election procedure and mirrors implementation of democratic life in Indonesia. Article 37 and 38 of the regency Regional Regulation No. 7 of 2006 states that if the Pilkades process turns dispute, the dispute does not stop the next stage. The regency government normatively based on Article 37 guarantees the completion stage of the elections until the inauguration phase and form a team of supervisors who communicate with those who feel aggrieved to get agreement dispute resolution. Until this research is done, there is only one case submitted to the District Court, but then the plaintiffs draw their lawsuit. Dispute settlement pattern research was conducted through interviews and providing information to the bureaucrats and the judiciary in the area of dispute. The involvement of these parties is important that the results of this activity followed up by an independent institution in Pilkades dispute resolution with consideration of existing regional regulations. How To Cite: Fauziyah, F., & Praptianingsih, S. (2015). Dispute Settlement Patterns on The Village Chief Election at Bondowoso Regency. Rechtsidee, 2(1), 11-20. doi:http://dx.doi.org/10.21070/jihr.v2i1.8