Rechtsidee
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.
Articles
141 Documents
<![CDATA[Should the Country Abolish Freedom of Religion to Counter Terrorism? ]]>
<![CDATA[Fransiska Ayulistya Susanto]]>;
<![CDATA[M. Choirul Hidayat]]>
<![CDATA[ Rechtsidee Vol 7 (2020): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21070/jihr.2020.7.699
<![CDATA[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.]]>
<![CDATA[The Regulatory Concept of Cyber Notary in Indonesia ]]>
<![CDATA[Shinta Pangesti]]>;
<![CDATA[Grace I Darmawan]]>;
<![CDATA[Cynthia P. Limantara]]>
<![CDATA[ Rechtsidee Vol 7 (2020): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21070/jihr.2020.7.701
<![CDATA[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.]]>
<![CDATA[The Legal Pluralism Strategy of Sendi Traditional Court in the Era of Modernization Law ]]>
<![CDATA[Dicky Eko Prasetio]]>;
<![CDATA[Fradhana Putra Disantara]]>;
<![CDATA[Nadia Husna Azzahra]]>;
<![CDATA[Dita Perwitasari]]>
<![CDATA[ Rechtsidee Vol 8 (2021): June ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21070/jihr.2021.8.702
<![CDATA[The Sendi customary community is a community that has procedures for implementing customary law through the customary justice system. Not only that, the Sendi customary community also has a distinctive legal code and customary apparatus; so that its existence needs to be maintained in the face of the era of legal modernization. This research is an empirical legal research; by using secondary data types obtained from various searches for journal articles, books, and information through online news online; relating to the substance of the research. The purpose of this research is to describe the structure of Sendi's customary court in maintaining the existence of customary law; as well as describing the strategy of legal pluralism in Sendi's customary court to face modernization of law era. This empirical legal research focuses on the structure of Sendi's customary court with an approach of legal pluralism. The results of the study confirm that a legal pluralism strategy is needed to maintain the existence of the Sendi traditional court in the era of legal modernization; and integration efforts are needed between the law and the customary apparatus of Sendi with the law and the national or state apparatus.]]>
<![CDATA[A Constitutional Dilemma: Local Elections amid of the Covid-19 Pandemic ]]>
<![CDATA[H.P. Wiratraman]]>;
<![CDATA[Risdiana Izzaty]]>;
<![CDATA[Aldyan Faizal]]>
<![CDATA[ Rechtsidee Vol 7 (2020): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21070/jihr.2020.7.704
<![CDATA[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.]]>
<![CDATA[Plagiarism in Higher Education: Power Relations and Legal Aspects ]]>
<![CDATA[Fradhana Putra Disantara]]>
<![CDATA[ Rechtsidee Vol 7 (2020): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21070/jihr.2020.7.714
<![CDATA[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.]]>
<![CDATA[The Government of Indonesia's Accountability Against Forest Degradation Due to Deforestation Based on the Paris Agreement to the United Nations Framework Convention on Climate Change ]]>
<![CDATA[Cherin Ayudia Sari]]>;
<![CDATA[Mochammad Tanzil Multazam]]>
<![CDATA[ Rechtsidee Vol 8 (2021): June ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21070/jihr.2021.8.719
<![CDATA[This study aims to describe and explain the form of Indonesia's responsibility for climate change due to deforestation based on the Paris Agreement. As a form of contribution to climate problems, the Government has adopted the Paris Agreement with the instrument Law Number. 16 of 2016. However, the commitment to contribute to reducing greenhouse gas emissions has encountered problems in its implementation. On this basis, this study discusses the state's responsibility for climate change due to deforestation. The main emphasis will be on the forestry sector. This problem is the biggest obstacle in Indonesia's commitment to meet the greenhouse gas emission reduction target. This research method uses normative or doctrinal, the data collection process is carried out by reviewing literature that is relevant to the problems written by the author. The result of this research is that regulations on how to overcome the climate crisis in Indonesia are seen as not being able to implement changes in substance with the ultimate goal of reducing emissions as desired. The issue of effectiveness, especially the problem of legal requirements, is still a principle constraint, even some administrative arrangements contain decisions that contradict the declared responsibilities. In line with that, it is proposed the importance of strong guidelines, implementation of the law and balance of responsibilities through the environmental strategy that is carried out.]]>
<![CDATA[The Existence of Islamic Norms in the Indonesia Constitutional Court Decisions No.22/PUU-XV/2017 ]]>
<![CDATA[Lindi Rohma Octavia]]>;
<![CDATA[Rifqi Ridlo Phahlevy]]>
<![CDATA[ Rechtsidee Vol 7 (2020): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21070/jihr.2020.7.720
<![CDATA[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]]>
<![CDATA[The Codification of Syar'i Norms in The Compilation of Sharia Economic Law ]]>
<![CDATA[Burhanuddin Susamto]]>;
<![CDATA[Thohir Luth]]>;
<![CDATA[Masruchin Rubai]]>;
<![CDATA[Jazim Hamidi]]>
<![CDATA[ Rechtsidee Vol 4 No 1 (2017): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21070/jihr.v4i1.843
<![CDATA[It is a fact that The Compilation of Sharia Economic Law (CSEL) was arrangedfor a guiding of sharia principle in the settlement of Islamic economic disputes. As a guiding of sharia principle, ideally CSEL norms should contain the values of sharia as desired by God.The purpose of this article is to ascertain the level validity of CSEL norms when viewed from a sharia perspective. To achieve the intended purpose, the author used normative legal research and use the approach of theory fiqhmu’âmalâh iqtishâdiyah and fatwâ of DSN-MUI. From the analysis we know that CSEL norms has not legitimized the Islamic sharia as a fundamental principle formally, so consequently the existence of the norm seems to replace God's verses. Of the total norms in CSEL, there are 98.48% norms which has contained the shar'î values, while approximately 1.52% is still found problematic normsso they needs to be revised.]]>
<![CDATA[Standard Contract in Financing at Sharia' Bank ]]>
<![CDATA[Trisadini Prasastinah Usanti]]>;
<![CDATA[Ari Kurniawan]]>
<![CDATA[ Rechtsidee Vol 4 No 1 (2017): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21070/jihr.v4i1.292
<![CDATA[Standard contract is a contract which is merely made by one of the parties and other parties agree to a contract. In practice Indonesia sharia bank, all financing contracts are made by Islamic bank in the form of Islamic standard contract. As a result, there is no negotiation between the parties. Therefore, this research will analyze standard contract in financing at sharia bank X and sharia bank Y in Indonesia. This research employs statute approach, conceptual approach and contractual approach. The outcome of this research is Islamic standard contract of financing at Sharia’ Bank are not contrary to Islamic principles throughout the contract meets the validity of contract, there is no element of which is prohibited according to the Shariah, namely gharar, maysir, usury and does not violate the principles of sharia agreement. Islamic standard contract at sharia bank X and sharia bank Y in Indonesia had described the characteristic of each Islamic financing and has met the minimum requirements accordance with the fatwa of Sharia’ supervisory board (DSN-MUI) which is regulated by the regulations of Bank Indonesia.]]>
<![CDATA[Applying The Principle of Insurance on The Credit Life Insurance in The Consumer Lending ]]>
<![CDATA[Faizal Kurniawan]]>;
<![CDATA[Prawitra Thalib]]>;
<![CDATA[Hilda Yunita Sabrie]]>
<![CDATA[ Rechtsidee Vol 4 No 1 (2017): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21070/jihr.v4i1.661
<![CDATA[The specific task of the commercial banks are as follows: the bank must distribute most of the credit for developing the activities of the cooperatives and entrepreneurs economically weak or small entrepreneurs, the public banking that provides credit in foreign currency required to distribute some the foreign currency credit to finance the activities of non-oil exports and required to perform an assessment of the fulfillment the terms of the feasibility of the debtor's business. In carrying out its functions, the bank must still run banking principles contained in the articles contained in the Banking Act. It is often in distribute the credit, the bank requires the third party, such as the insurance companies. The purpose of insurance companies is to minimize the risks that may be experienced by the bank as debtors failed to pay. The bank is very concerned with their insurance company. There are various types of loans that cannot be separated by the insurance, this study focuses on consumer credit in PT. Bank Jatim. In practice, especially consumer credit lending cannot be separated from the role of the insurance companies. But in operating the bussiness, the insurance companies should also continue to apply the principles of general insurance. The application of the insurance principle is intended that no aggrieved parties. Generally speaking, there will be a conflict of interest between the application of the principles of insurance carried by the insurance company as an insurer with the business aspect of the field of insurance and banking.]]>
