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Rechtsidee
Published by Universitas Muhammadiyah Sidoarjo
ISSN : 23388595     EISSN : 24433497     DOI : https://doi.org/10.21070/jihr
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
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 128 Documents
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Tax Debt in the Bankruptcy Dispute: Industries Badja Garuda Inc. v.s. Tax Office of Medan Belawan Rilda Murniati; Richmond Cosmas Tobias
Rechtsidee Vol 4 No 2 (2018): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v4i2.18

Abstract

The biggest problem for the debtor who is the business actor is his inability to repay the loan to the creditors in case the business activities have problems. The inability to pay may result in the debtor being petitioned for bankruptcy by the creditor or the debtor himself. Curator as the party who performs the management and the settlement of all debtor debts is obliged to make a bill list based on the nature and rights of the bills of creditors as stipulated in Act Number 37 Year 2004 on Bankruptcy and Suspension of Obligation for Payment of Debts (the Law 37/2004). The problem that occurred in the case of Bankruptcy of Industries Badja Garuda Inc. (IBG Inc.) that the Tax Office of Medan Belawan (Tax Office) made a legal effort against the list of tax bills made by the curator of IBG Inc. which set Tax Office as the concurrent creditor through renvoi procedures to the Court Commerce so that the Tax Office loses its precedent over tax debt as stipulated in the Law of Commercial Court refuses the request so that the cassation law is also applied to the Supreme Court which in its decision strengthen the decision of the District Court. For that reason, there is a review effort but the Supreme Court in its sentence Number 45 PK/Pdt.Sus/Pailit/2016 still reinforces the previous verdict. This research is normative research with descriptive type and problem approach applied is normative applied with case study type of court decision. The result of the research indicates that the Tax Office has lost its predecessor right as regulated in Article 21 Paragraph (4) in Act Number 16 Year 2009 regarding General Provisions and Tax Procedures (the Law 16/2009) on the status of tax debt of IBG Inc.
Reformulation of Indonesian Human Rights Courts Competence in the Context of Ius Constituendum Aditya Wiguna Sanjaya
Rechtsidee Vol 5 No 2 (2019): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v5i2.23

Abstract

Crime of aggression and war crimes are not regulated in the competence of Human Rights Courts in Indonesia, in this case indicates that in positive law of Indonesia especially Act Number 26 of 2000 indicates the existence of legal issues which is legal vacuum on that matter needed solution through academic study as the purpose of this research. The methodology used in this research is a normative juridical research method that is focused on studying the application of rules or norms in positive law. In the study of normative jurisprudence, activities to elaborate the law are not required data support or social facts, because normative legal science does not recognize data or social facts, only known for legal material, so to explain the law or to find meaning and give value of the law is only used the concept of law and the steps taken are normative steps. The results of this study indicate that the Indonesian Human Rights Court has not been able to work independently because there is still influence from outside tribunal which is the International Criminal Court.
Increasing Referendum Participation in Accordance with the Philosophy of Samsen Resident’s in Thailand Barameeboon Sangchan
Rechtsidee Vol 5 No 1 (2018): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v5i1.24

Abstract

Following the referendum on the draft Constitution of the Kingdom of Thailand B.E. which was held on 7 August 2016, it revealed that most voters approved this draft constitution. Nevertheless, in this study of Samsen Community’s people who voted, they have their opinions about the political structure which are; Thailand is ready for the 2-party system, the qualification of the candidate should be graduated with a bachelor’s degree, and the head of the government should come from the party with a majority vote. Additionally, they disagree about the prime minister who comes from the senator’s nomination, and the senator should not have the authority of controlling the independent entity.
Legal Mismatch on Illegal Sand Mining in Indonesia: an Example in Sleman, Indonesia Paramitha Susanti Putri; Trisno Raharjo
Rechtsidee Vol 4 No 2 (2018): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v4i2.25

Abstract

The purpose of this study was to determine the implementation of regulations on illegal sand mining activities in Sleman Regency. The approach used is a legal regulation approach. The results of the study found that the implementation of regulations in illegal sand mining activities in Sleman Regency had not been implemented properly. In fact there are many violations committed by miners in running their businesses, and many mining activities are carried out illegally without having a mining business permit. In addition, the obstacle faced in implementing the regulation is that the miners believe that the sand they take is a blessing due to the eruption of Mount Merapi, so they assume that they can mine in large quantities. In addition, there are limitations to regional budgets that often become obstacles in implementing reclamation as an act of restoring environmental damage carried out by the Environment Agency both at the provincial and district / city levels as well as the limited number of personnel and experts.
The Completion of Terrorism According to the Indonesian Positive Law Sri Suatmiati; Febrina Hertika Rani
Rechtsidee Vol 5 No 1 (2018): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v5i1.26

Abstract

In positive law, completion of terrorism in Indonesia solved through Penal Policy/Policies of criminal law by issuing and publishing various legal products, a Substitute Regulation of Law (Perpu) No. 1 of 2002 regarding the eradication of criminal acts of terrorism, reinforced into Law Act No. 15 of 2003 the Government is also issuing Substitute Regulation of Law (Perpu) No. 2 of 2002 regarding the enactment of the Substitute Regulation of Law (Perpu) No. 1 in 2002 reinforced into Law Act No.16 of 2003 and Law Act No. 9 of 2013 regarding the prevention and eradication of criminal acts of Terrorism Financing, until forming the anti terror units from both the indonesian army forces, police or non governmental institutions. Police (Densus 88) as the main actor of law enforcement and disruption network of terror along with the Attorney General and justice system.
For The Many, Not the Few: Case Analysis of Bukit Duri Forced Eviction in Jakarta Arie Afriansyah
Rechtsidee Vol 4 No 2 (2018): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v4i2.43

Abstract

The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights allow states to conduct forced eviction as long as it is carried out within the given boundaries. This journal will comprehensively elaborate each standards given by the two international human rights covenants as well as the implementation of those standards in the cases of Human Rights Committee and Committee on Economic, Social and Cultural Rights. The standards will then be applied to analyze the case of forced eviction in Bukit Duri, South Jakarta, in the year of 2016. Based on the literature review and the interviews that have been conducted, it can be concluded that states can justify their action of forced eviction if it fulfills the standards of ‘lawful’ and ‘non-arbitrary’. The Bukit Duri forced eviction did not fulfill those standards.
Online-Based Transportation: Is It Legal? Yoga Sugama Ali Fhatnur
Rechtsidee Vol 4 No 2 (2018): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.2018.4.44

Abstract

This study aims to observe the legality of online-based transportation in Indonesia. As a law-abiding State, all the activities of the nation and the state shall be based on the regulation of law. However, on the other hand, the type of online-based transportation has potential to develop problems and also to trigger the pros and cons that exist in the community.This cons consider that the type of online-based transportation is illegal because it is not in accordance with the provisions of the applicable Law on Road, Traffic and Transportation, which states that business licensesare required for companies to have legal status. This is because the process of conducting conveyance consists series of actions to carry passengers, such as collecting fees which must be supported by a business license and a definite operating license. To be able to carry out transportation activities, the legal entity concerned must have an approbate business license.
Introducer Witness On Notary’s Deed Establishment: Forgotten Role in Indonesia Notarial Law Monica Firda Nurjannah; Sri Budi Purwaningsih; Mochammad Tanzil Multazam; Emy Rosnawati
Rechtsidee Vol 4 No 2 (2018): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.2018.4.45

Abstract

In Law Number 2 Year 2014 regarding the Amendment of UUJN (UUJN-P) Juncto Law Number 30 of 2004 concerning Notary (UUJN) mentioned that was possible if there is a sign witness or an introducer witness. However, in Notary Law is not yet be regulated explicitly about legal protection for introducer witness who signed in a notarial deed. The purpose of this study was to know the legal protection for the introducer witness who signed in a notarial deed. The Type of research used in this research is normative, with statue approach and the results will be presented descriptively with deductive logic. The result of research shows that legal protection for introducer witness is can’t be sued because he is responsible the formal truth about people to notary only .The benefit of this research is bring information to public about legal protection for the instroducer witness.
Political Motives in Term of Criminal Definition on Terorism Law in Indonesia Prayitno Imam Santoso; Abdul Kadir
Rechtsidee Vol 5 No 2 (2019): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v5i2.62

Abstract

In Law Number 5 Year 2018, the definition of terrorism with political motives is regulated. This is different from the previous regulation, namely Law Number 15 Year 2003 concerning the stipulation of Government Regulations in lieu of Law Number 1 Year 2002 concerning Eradication of Terrorism Criminal Acts. The issue raised is how the political motives as the goal of terrorism and what are the fundamental changes of the latest terrorism law. This research uses normative legal research in which the study legal material contains normative rules. With the ratification of the Terrorism Law, political motives are used as an element of the offense formula. Some changes are on the Definition of Terrorism, Terrorism Organizations, Military and Paramilitary Training, Incitement, involvement of children, time of detention, arrest, wiretapping, protection, victims' rights, prevention, BNPT, TNI involvement and oversight by the DPR.
The Role of Madrasah Anti Korupsi to Reach Indonesia Clean of Corruption Franky Ariyady; Gufroni Gufroni
Rechtsidee Vol 6 No 1 (2019): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v6i1.63

Abstract

Crruption virus, has become an epidemic, damages all the joints of our civilization. Based on the data Corruption Perception Index 2016, Indonesia won 37 points last year, improved by one point in 2015 which was recorded 36 points. But still, Indonesia is a corrupt country because it is still below the average of 43 points. Anti-corruption movements must continue to be massively duplicated, all elements of civil society must be part of the anti-corruption movement. The congregation movement against corruption through the Anti-Corruption Madrasa (MAK) is a genetics of the Muhammadiyah movement, since a century ago. From the results of the research, the fact revealed the fight against corruption and building an anti-corruption culture through MAK is a new interpretation of al-maun's theology in the second century of Muhammadiyah today. There are 2 big goals from MAK. First, fostering anti-corruption awareness starts with oneself (ibda bi nafsi). Second, together fighting against corruption by involving other anti-corruption civil society organizations.

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