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Mochammad Tanzil Multazam
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+6231-8945444
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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 7 Documents
Search results for , issue "Vol 7 (2020): December" : 7 Documents clear
Enforcement of Criminal Law on Crimes of Criminal Consensus Against State Security: Learning from Indonesia Roby Satya Nugraha; Sri Ayu Astuti
Rechtsidee Vol 7 (2020): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.2020.7.693

Abstract

The purpose of this legal research is to explain the first discussion, namely how to implement law enforcement against criminal conspiracy (samenspanning) which has been regulated in the Criminal Code and the Criminal Procedure Code. Second How is the imposition of sanctions for criminal conspiracy charges regulated in the Criminal Code in case Number: 293K / Pid / 2016. This type of research is normative research which is descriptive-analytical in nature, using secondary data with data collection techniques through library research and processing data qualitatively, it is concluded that law enforcement against criminal conspiracy is carried out by penal measures, penal measures are one of the efforts to enforce the law or all actions taken by law enforcement officials that focus more on eradication after a crime is committed under criminal law, namely criminal sanctions which constitute a threat to the perpetrator. The stages in this way include investigation, further investigation, prosecution, and so on, which in this case is part of criminal politics. The functionalization of criminal law is an effort to tackle crime through rational criminal law enforcement with the aim of creating the fulfillment of a sense of justice and efficiency. The imposition of sanctions Criminal sanctions imposed if a person has been proven to have committed a criminal act of treason can be punished with a criminal sentence contained in Article 106 of the Criminal Code with the threat of life imprisonment or twenty years in prison.
Criminalizing Corporations In Environmental Crimes Sanggup Leonard Agustian; Fajar Sugianto; Tomy Michael
Rechtsidee Vol 7 (2020): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.2020.7.697

Abstract

The research objective is to find out how criminal law against the environment accommodates criminal acts committed by corporations and to find out the practice of settlement through criminal law instruments in terms of corporate criminal liability in the environmental sector. The research method used is a normative juridical research method. There is the existence of criminal law as a part of 3 law enforcement regimes (state administrative law and civil law). then the involvement of criminal law in the settlement in the environmental sector regulates the existence of corporate criminal liability (business entity) as a subject of criminal law. The corporate criminal responsibility used by the UUPPLH is strict liability according to the law.
Should the Country Abolish Freedom of Religion to Counter Terrorism? Fransiska Ayulistya Susanto; M. Choirul Hidayat
Rechtsidee Vol 7 (2020): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.2020.7.699

Abstract

This paper is offer an assessment of the situation regarding freedom of religion in Xinjiang China. It argues that the Xinjiang authorities and the China government responsible for freedom of religion violation under their counter terrorism action. Even though, the freedom of religion is derogable right however the reason shall be under the national security and public order situation but, what the government do is too far and could lead Uighur religion eradication. To investigate the Xinjiang authorities and China government action, the paper collects the data from many Non-governmental organization and United Nation Report and analysis the fact with the international regulation and national regulation that China follow or have.
The Regulatory Concept of Cyber Notary in Indonesia Shinta Pangesti; Grace I Darmawan; Cynthia P. Limantara
Rechtsidee Vol 7 (2020): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.2020.7.701

Abstract

Notary has the authority to certify the electronic transaction (cyber notary) according to the Elucidation of Article 15 paragraph (3) of Law Number 2 of 2014 (Law 2/2014). Thus, the authority has been the milestone for the concept of cyber notary in Indonesia. Although the enactment of Law 2/2014 presented a new concept in Notary in Indonesia, but it does not give a wide chance to the application of cyber notary itself. One of the roots that causes the obstacles are the absence of definite law in regulating cyber notary. Law 2/2014 mentioned cyber notary but did not give a normative definition on it. Therefore, the concept of cyber notary is limited to conduct the certification of electronic transaction. Several challenges on performing the authorities and obligations of notary could be found in the context of the implementation of cyber notary, as follows: 1) Notary is bounded to the form and procedure in drawing up authentic deeds set by Article 38 Law 2/2014; 2 ) The appearers shall be known to Notary or introduced to him/her; 3 ) Reading and signing of deeds have to done in specific procedure; and 4) Drawing up deeds in the form of Minutes of Deed and keep the same as a part of Notarial Protocols. This article was classified as legal normative research and meant to analyze the concept of regulation on cyber notary in Indonesia by using statute and conceptual approach.
A Constitutional Dilemma: Local Elections amid of the Covid-19 Pandemic H.P. Wiratraman; Risdiana Izzaty; Aldyan Faizal
Rechtsidee Vol 7 (2020): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.2020.7.704

Abstract

On December 9, 2020, regional elections will be held simultaneously in 270 electoral districts across Indonesia. However, during this period the elections will be held amid the Covid-19 pandemic. This decision raised problems because the Government seemed to clash the protection of the right to health and the right to life due to the pandemic with political rights in the name of democracy. This clash ultimately created a constitutional dilemma. Elections has the potential to create election clusters considering the number of Covid-19 spread and transmission in Indonesia is still high and has not shown a significant decline. The General Election Commission (KPU) stated that the elections would implement health protocols. Nevertheless, holding elections is not just a matter of thorough preparation, but it is high risk, and also expensive. There will be a possible low voter turnout which could affect the legitimacy of the elections results. Facing this constitutional dilemma, an alternative to postponing elections through representative democracy can be an option. If it continues to be held, at least the Government must consider the safety of citizens first by controlling the Covid-19 pandemic, which clearly the mandate of constitutional rights as non-derogable rights, rights that cannot be reduced.
Plagiarism in Higher Education: Power Relations and Legal Aspects Fradhana Putra Disantara
Rechtsidee Vol 7 (2020): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.2020.7.714

Abstract

Academic expression of a person is often manifested in various scientific works as a form of efforts to help ‘educate the nation's life’. However, this scientific work becomes the object of intellectual crime, namely plagiarism. In fact, these intellectual crimes occur in tertiary institutions by utilizing the power relation aspects of certain academic positions. This research is a legal research; which aims to describe power relations as the cause of plagiarism in higher education, and is associated with professionalism and academic ethics; then describe the legal aspects that can be imposed on plagiarism for plagiarism in the realm of Higher Education. In this legal research, primary and secondary legal materials are used to inventory in order to obtain a prescription study on the legal issues discussed. The results of the study state that power relations are the main cause of plagiarism in Higher Education; considering that power relations lead to the structure of academic positions; so that it has the potential to make individuals under the control and dependence of parties who have greater authority. Then, the legal aspects of plagiarism in Higher Education can give birth to legal consequences; in the form of criminal sanctions, civil sanctions, and administrative sanctions. Therefore, the researcher recommends revising the Ministerial Regulation regarding plagiarism in Higher Education; and revising copyright laws and regulations by including several norms regarding plagiarism.
The Existence of Islamic Norms in the Indonesia Constitutional Court Decisions No.22/PUU-XV/2017 Lindi Rohma Octavia; Rifqi Ridlo Phahlevy
Rechtsidee Vol 7 (2020): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.2020.7.720

Abstract

This study discusses the existence of Islamic norms in the Constitutional Court decisions. This study uses a case approach by examining the Constitutional Court decision no. 22 / PUU-XV / 2017. Data obtained from primary, secondary and tertiary data relating to legal issues in this paper. The main problem in this research is the consideration and decision of the Constitutional Court on the case decision No. 22 / PUU-XV / 2017 concerning marriage which is quite highlighted by the Indonesian people. What was tested in the a quo decision was article 7 paragraph (1) of Law No. 1 of 1974 concerning Marriage with article 27 paragraph (1) of the 1945 Constitution as a touchstone. In the a quo decision the petitioners argued that article 7 paragraph (1) was an article that was discriminatory for women. On the a quo decision, the panel of judges granted part of the petition's petition. the legal consequence of the Constitutional Court decision No. 22 / PUU-XV / 2017 is the emergence of Law No. 16 of 2019, amendments to Law No. 1 of 1974 concerning marriage

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