RechtsideePub Date : 2017-07-29DOI: 10.21070/JIHR.V4I1.872
Fatimah Al-Zahra
{"title":"The Legal Construction of Land Bank Regulations to Realize Fair Management of State Land Assets in Indonesia","authors":"Fatimah Al-Zahra","doi":"10.21070/JIHR.V4I1.872","DOIUrl":"https://doi.org/10.21070/JIHR.V4I1.872","url":null,"abstract":"The fact that the amount of land is fixed while the need for physical development is increasing as the increase in population, leads to inevitable social conflict. Social conflict is caused by the conflict of interest between the government and the people. The people tend to be reluctant to let go of the land they owned for the development of infrastructure in public interest with the pretext that the price set by the government is too low. As an agency for which its primary task is to reserve land for the government that is obtained before the need arises, a land bank appears to be able to be considered one of the alternatives for land procurement without conflict that can be applied in Indonesia as a solution in overcoming the land crisis for development. Through the normative legal research method, this research aims to analyzes the land bank’s concept in finding a legal construction of land bank regulations to realize fair management of state land assets in Indonesia. The result of the research shows that the legal construction of regulations for a land bank as an effort to realize fair management of state land assets can be achieved with regulations equal to a law. Values of fairness, legal certainty, and legal usefulness in the organization of a land bank must be included in the legal and normative basis in the content of the proposed law.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2017-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42519421","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
RechtsideePub Date : 2017-07-03DOI: 10.21070/JIHR.V4I1.292
T. Usanti, Ari Kurniawan
{"title":"Standard Contract in Financing at Sharia' Bank","authors":"T. Usanti, Ari Kurniawan","doi":"10.21070/JIHR.V4I1.292","DOIUrl":"https://doi.org/10.21070/JIHR.V4I1.292","url":null,"abstract":"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.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2017-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47926399","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
RechtsideePub Date : 2017-06-30DOI: 10.21070/JIHR.V4I1.988
H. Thalib, Ahmad Ramadhan, H. Djanggih
{"title":"The Corruption Investigation In The Regional Police of Riau Islands, Indonesia","authors":"H. Thalib, Ahmad Ramadhan, H. Djanggih","doi":"10.21070/JIHR.V4I1.988","DOIUrl":"https://doi.org/10.21070/JIHR.V4I1.988","url":null,"abstract":"This research aim to analyzes the authority of the Regional Police of Riau Islands in a criminal act of corruption investigation. The method used is normative-empirical research. The results found that investigation of criminal corruption in Regional Police of Riau Islands conducted according to the authority of police investigators. In addition to proving the deeds of perpetrator, criminal investigation of corruption is also a means of restoring the state's financial losses as much as possible. In its implementation, corruption criminal investigation is influenced by legal factors, law enforcement factors, supporting facilities or facilities supporting law enforcement, community factors, and cultural factor .","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":"4 1","pages":"71-86"},"PeriodicalIF":0.0,"publicationDate":"2017-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44749538","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
RechtsideePub Date : 2016-12-31DOI: 10.21070/jihr.v3i2.342
Ushie James Ebuara
{"title":"The Pivotal Role of a Lawyer in Combating Official Corruption in Nigeria","authors":"Ushie James Ebuara","doi":"10.21070/jihr.v3i2.342","DOIUrl":"https://doi.org/10.21070/jihr.v3i2.342","url":null,"abstract":"The fact that Nigeria is a corrupt nation is no longer news. Nigeria is ranked internationally as one of the most corrupt nations in the world. As embarrassing as this status is, it is indeed the reality of our situation. The general public and now even the executive arm of the Federal government have continued to question how members of the legal profession discharge their role in applying the law because they have absolute belief in the law as their protection against the tendencies that are depriving them of their well being, dehumanizing them and even threatening the existence of their country, they waited for the law to respond to these tendencies by putting them in check, stop them completely or control them, they have watched helplessly the inability of law to effectively respond to these tendencies and have watched the tendencies continue unabated and escalated into the conditions we found ourselves today The purpose of this paper is to examine the role of lawyers as Judges, as Prosecutors and defence Attorneys in promoting and encouraging corruption in our body politics. It further examines in contrast the role lawyers should play in the renewed fight against corruption. Lawyers as agents of social change should be in the vanguard for the reorientation of the mind set of Nigerian in the renewed fight against corruption and social rebirth generally. To effectively play this role members of the legal profession must purge themselves of corrupt tendencies and must be seen to be above board.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":"3 1","pages":"113-126"},"PeriodicalIF":0.0,"publicationDate":"2016-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67766834","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
RechtsideePub Date : 2016-12-31DOI: 10.21070/JIHR.V3I2.225
Agusmidah Agusmidah, S. Ningsih
{"title":"A Critical Review of Waging in Indonesian Law","authors":"Agusmidah Agusmidah, S. Ningsih","doi":"10.21070/JIHR.V3I2.225","DOIUrl":"https://doi.org/10.21070/JIHR.V3I2.225","url":null,"abstract":"This article is comprehensive look of waging in Indonesian law. Waging in employment still pose a problem. No details of the principle of fair and decent with the policies or the application of the rules of waging, always give rise to new issues and discourse. For the Government, to apply fair and decent wage does not merely make the norm on paper but should be able to guarantee the implementation of the norms in society. This paper uses the literature method with the concept approach. This article discover that the wage disputes can be avoided whereas industrial society interpret the wages in return for the sacrifice that has been given and is able to meet the needs of food, clothing and housing. Then it is not worth it if one party for their maximum benefit utilizing weakness of workers by making the waging system that ignores the principle of fair and decent.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":"3 1","pages":"61-70"},"PeriodicalIF":0.0,"publicationDate":"2016-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67766675","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
RechtsideePub Date : 2016-12-31DOI: 10.21070/JIHR.V3I2.341
Ngozi Alili
{"title":"The Crime of Rape and Sexual Violence against Women in Nigeria: A Comparison with Other Common Law Countries","authors":"Ngozi Alili","doi":"10.21070/JIHR.V3I2.341","DOIUrl":"https://doi.org/10.21070/JIHR.V3I2.341","url":null,"abstract":"This discourse is a comprehensive look at the offence of “rape” as a legal concept, taking into consideration, the premodial, mythical and legal beliefs and meanings associated therewith. It analysed recent statutory changes and developments in this area of the law, particularly under the English common law in contradistinction from the almost static provisions of some African penal statutes relating to the offence of rape. The propelling aim was to appreciate the difficulties associated with efforts to convict persons accused of committing the offence of rape and the legality of calling in aid corroboration in amelioration of these difficulties. It was observed that, the statutory ingredients of the offence do not accommodate such a practice. It became significant that the myths and traditional beliefs surrounding the claim of an alleged victim of rape imported the burden of a rebuttal on the accused. It was observed that sympathy on the part of the courts for alleged rape victims sway their decisions in favour of such victims. This emotional consideration by the courts may have informed he demand for corroborative evidence to seal all escape routes for the accused even when not statutorily provided for. Absence of corroborative evidence may on the reverse, favour the accused though the prosecutrix may concoct one to secure conviction. It was concluded that rape cases should be determined on the basis of the dry provisions of the relevant penal statutes devoid of extraneous considerations, such as corroboration.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":"3 1","pages":"85-96"},"PeriodicalIF":0.0,"publicationDate":"2016-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67766820","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
RechtsideePub Date : 2016-12-31DOI: 10.21070/JIHR.V3I2.371
M. A. Ajanwachuku
{"title":"A Critical Review of Child Labour in Nigeria and The Case for Child Entrepreneurship","authors":"M. A. Ajanwachuku","doi":"10.21070/JIHR.V3I2.371","DOIUrl":"https://doi.org/10.21070/JIHR.V3I2.371","url":null,"abstract":"Nigeria and the world over condemn forced or exploitative labour of a child, for the obvious reason of the adverse physical, psychological, mental and emotional effect of it on children. What is condemned is not child labour per se , but child forced or exploitative labour. This paper analyses the condemnable child forced or exploitative labour, distinguishes it from the accepted child labour and makes a case for the advancement from child labour to child entrepreneurship. It posits that the advancement to child entrepreneurship shall enable the Nigerian child to contribute their bit to the financial wellbeing of their family and the economic development of Nigeria.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":"3 1","pages":"71-84"},"PeriodicalIF":0.0,"publicationDate":"2016-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67766776","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
RechtsideePub Date : 2016-12-31DOI: 10.21070/JIHR.V3I2.322
Susilo Andi Darma
{"title":"Law Enforcement of Right of Equality in Work for People with Disability : Evidence from Sleman, Indonesia","authors":"Susilo Andi Darma","doi":"10.21070/JIHR.V3I2.322","DOIUrl":"https://doi.org/10.21070/JIHR.V3I2.322","url":null,"abstract":"This research aims to understand the implementation of supervision law supervision toward Articles 5 and 14, and the law enforcement toward Article 28 of Law No.4 Year 1997 on People with Disability in Sleman Regency. Data are obtained through interviews and literature related to the problem. The results of this research show that the implementation toward article 5 and 14 are not yet effective and the law toward article 28 is not implemented yet in Sleman.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":"3 1","pages":"97-114"},"PeriodicalIF":0.0,"publicationDate":"2016-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67766690","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
RechtsideePub Date : 2016-06-30DOI: 10.21070/jihr.v3i1.131
B. Sutrisno
{"title":"Constitutionality Degree of Indonesia Local Regulation in Political Law Perspective","authors":"B. Sutrisno","doi":"10.21070/jihr.v3i1.131","DOIUrl":"https://doi.org/10.21070/jihr.v3i1.131","url":null,"abstract":"The Politics of Law holds responsibility to give the surety of all regulations, including Local Regulation, for capable of reflecting the collective will of the public as the owner of the highest sovereignty. Politics of law is always working to bring together the ius constituendum and ius constitutum at the encounter between realism and idealism. Local Regulation as subsystems of national law, is expected to serve as a guiding instrument and guard direction for development and continuous improvement of Local Government. Therefore the existence of local regulations holds a strategic role for legal certainty, which is a necessary to create a conducive business climate and stability of the country. How To Cite: Sutrisno, B. (2016). Constitutionality Degree of Indonesia Local Regulation in Political Law Perspective. Rechtsidee, 3 (1), 41-52. doi: http://dx.doi.org/10.21070/jihr.v3i1.131","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":"3 1","pages":"41-52"},"PeriodicalIF":0.0,"publicationDate":"2016-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67766495","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
RechtsideePub Date : 2016-06-30DOI: 10.21070/JIHR.V3I1.159
Fauziyah Fauziyah, Sri Praptianingsih
{"title":"Dispute Settlement Patterns on The Village Chief Election In Indonesia (Lumajang Regency)","authors":"Fauziyah Fauziyah, Sri Praptianingsih","doi":"10.21070/JIHR.V3I1.159","DOIUrl":"https://doi.org/10.21070/JIHR.V3I1.159","url":null,"abstract":"In the year of 2013, Lumajang Regency carries out 159 village chief election ( Pilkades ). There are 4 disputes of Pilkades , and all about voice counting result of Pilkades . Local Regulation No. 24 year 2006 and Local Regulation No. 6 year 2012 do not state any matter of dispute in village headman election and mechanism of solution, but Local Government Regulation determines Watchdog Committee in the level of sub-district and Team of Village Governance Issues Completion in the level of District. Watchdog committee conducts supervision by preventive and repressive act. Supervision is done through preventive act in the form of communications and socialization to the village officer, Village Consultative Council (BPD), and Pilkades Committee about the importance of honest, fair and democratic Pilkades . Meanwhile, supervision is conducted through repressive act by facilitating the parties if dispute happened. As the result, committee executes the monitoring well, proven from 159 Pilkades , there was only 4 disputes, three among others can be resolved in non litigation process. Existence of Watchdog Committee is supported by the availability of budget coming from help of region budget (APBD) that is packed into village budget (APBDes), Rp.2.000.000 for every Pilkades .","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":"3 1","pages":"53-60"},"PeriodicalIF":0.0,"publicationDate":"2016-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67766642","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}