Rechtsidee最新文献_第3页

Cartel Practices in Indonesian Tyre Industry: Assessing the Role of the Indonesian Tyre Business Association 印尼轮胎行业的卡特尔行为：评估印尼轮胎商业协会的作用

Rechtsidee Pub Date : 2023-06-28 DOI: 10.21070/jihr.v12i1.991

Indra Susanto, Markoni Markoni

{"title":"Cartel Practices in Indonesian Tyre Industry: Assessing the Role of the Indonesian Tyre Business Association","authors":"Indra Susanto, Markoni Markoni","doi":"10.21070/jihr.v12i1.991","DOIUrl":"https://doi.org/10.21070/jihr.v12i1.991","url":null,"abstract":"This study examines the legal standing of the Indonesian Tyre Business Association (APBI) in light of the KPPU Decision Number 08/Pdt.G/KPPU-I-2014 concerning tire cartel violations in the Indonesian automotive industry. Utilizing normative legal research methods focusing on positive legal norms, the study identifies and systematizes violations of business competition rules by six major APBI member companies between 2008 and 2012, and critically analyzes and interprets the evidentiary basis of these findings. The companies allegedly colluded on tire pricing, manipulating the market for Passenger Car Radial (PCR) tires and inducing unfair business competition. The study asserts that, while the APBI's role in facilitating this collusion was apparent, its legal liability remains unclear due to the association's ability to influence member practices without a binding enforcement mechanism. These findings raise critical implications for market competition and cartel law enforcement, necessitating a re-evaluation of the legal provisions surrounding business associations, especially in the context of Indonesia's anti-monopoly and unfair competition laws.Highlights: \u0000 \u0000APBI's facilitation of cartel behavior among its members. \u0000Unclear legal liability of business associations in anti-competitive practices. \u0000Need for re-evaluation of legal provisions surrounding business associations. \u0000 \u0000Keywords: Cartel, Indonesian Tyre Business Association (APBI), Unfair Business Competition, Competition Law, Indonesian Tyre Industry \u0000 ","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45485634","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}

引用次数: 0

Notaries at Risk: Urgent Need for Legal Protection Against Criminal Acts 面临风险的公证人：急需法律保护以防范犯罪行为

Rechtsidee Pub Date : 2023-04-30 DOI: 10.21070/jihr.v12i1.968

Yuni Setiawati, Lendra Akbar Salim, Ayu Sekar Melati, Wery Chesar

{"title":"Notaries at Risk: Urgent Need for Legal Protection Against Criminal Acts","authors":"Yuni Setiawati, Lendra Akbar Salim, Ayu Sekar Melati, Wery Chesar","doi":"10.21070/jihr.v12i1.968","DOIUrl":"https://doi.org/10.21070/jihr.v12i1.968","url":null,"abstract":"This study aims to address the legal protection issues faced by notaries in relation to potential criminal acts and proposes ideas for regulating legal protection. Utilizing a normative legal research approach, data was collected through literature reviews, document analysis, and legal interviews, with conceptual and legal framework analysis conducted. The results reveal a lack of legal harmonization between notarial law and criminal law, which challenges the provision of adequate legal protection for notaries. Harmonization of legal provisions is critical to ensure optimal notarial services and protect against potential criminal acts. The findings emphasize the urgency of implementing legal provisions for notaries' adequate protection and offer valuable insights for policymakers and legal practitioners in crafting effective legal frameworks. \u0000Highlights: \u0000 \u0000 \u0000Legal harmonization between notarial and criminal law is needed for adequate protection of notaries. \u0000 \u0000 \u0000Protection is necessary for optimal services and protection against criminal acts. \u0000 \u0000 \u0000Harmonizing legal provisions is critical for effective protection. \u0000 \u0000 \u0000Keywords: Notarial Law, Legal Protection, Criminal Acts, Harmonization, Professional Duties \u0000 \u0000 ","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49666535","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}

引用次数: 0

Rethinking Unjust Enrichment: Advancing Distributive Justice in Indonesian Law 反思不当得利:推进印尼法律中的分配正义

Rechtsidee Pub Date : 2023-04-29 DOI: 10.21070/jihr.v12i1.961

Rian Ganggas Puspatara, I. Kurniawan

{"title":"Rethinking Unjust Enrichment: Advancing Distributive Justice in Indonesian Law","authors":"Rian Ganggas Puspatara, I. Kurniawan","doi":"10.21070/jihr.v12i1.961","DOIUrl":"https://doi.org/10.21070/jihr.v12i1.961","url":null,"abstract":"This study aims to analyze the development of the unjust enrichment doctrine in Indonesia from a progressive legal perspective. Employing normative legal research with conceptual, comparative, and legislative approaches, the study confirms that the philosophical orientation of the unjust enrichment doctrine in Indonesian civil law is expected to optimize the idea of distributive justice, which is relevant in civil practice. The actualization of the unjust enrichment doctrine in a progressive legal perspective can be achieved through philosophical, theoretical, and practical approaches. By exploring the principles of proportionality and Pancasila values as Indonesia's legal ideals, integrating the development of unjust enrichment doctrine within the theoretical framework of tortious acts, and promoting the active and creative utilization of Article 1359 of the Indonesian Civil Code, this study offers insights for judges and legal practitioners in their pursuit of justice in civil cases based on unjust enrichment claims.Highlights: \u0000 \u0000Philosophical orientation: Emphasizes distributive justice and embraces Pancasila values as Indonesia's legal ideals. \u0000Theoretical development: Integrates unjust enrichment doctrine within the framework of tortious acts. \u0000Practical approach: Encourages active and creative utilization of Article 1359 of the Indonesian Civil Code by judges and legal practitioners. \u0000 \u0000Keywords: unjust enrichment, progressive legal perspective, distributive justice, Indonesian civil law, Pancasila values \u0000 ","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44448198","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}

引用次数: 0

The Elusive Justice: Analyzing Disparities in Judges' Decisions on Domestic Psychic Violence Cases 隐晦的正义：法官对家庭精神暴力案件裁决的差异分析

Rechtsidee Pub Date : 2023-04-05 DOI: 10.21070/jihr.v12i1.973

Steven Liong, Helvis Helvis, Markoni Markoni, I. M. Kantikha

{"title":"The Elusive Justice: Analyzing Disparities in Judges' Decisions on Domestic Psychic Violence Cases","authors":"Steven Liong, Helvis Helvis, Markoni Markoni, I. M. Kantikha","doi":"10.21070/jihr.v12i1.973","DOIUrl":"https://doi.org/10.21070/jihr.v12i1.973","url":null,"abstract":"This study aimed to analyze the basis for judges' considerations in cases of domestic psychological violence and to examine the causes of disparities in judges' decisions. The research employed a normative juridical research method. The results showed that judges' considerations in domestic psychological violence cases were based on three factors: juridical, sociological, and ideal philosophical considerations, which resulted in different decisions. The study found that disparities in judges' decisions could not be eliminated due to various influencing factors. Nonetheless, the act of psychological violence is considered a crime that disturbs family harmony and is prohibited by Law No. 23 of 2004. This research has implications for the need to establish clear guidelines for judges in handling domestic psychological violence cases to ensure consistency and fairness in the legal system. \u0000Highlights: \u0000 \u0000The judge's considerations in domestic psychological violence cases include juridical, sociological, and ideal philosophical aspects. \u0000Different considerations can result in different decisions, even in similar cases. \u0000Acts of psychological violence in the household are prohibited by Law No. 23 of 2004 and can disrupt family harmony. \u0000","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43564076","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}

引用次数: 0

Illegal Ministerial Circulars in Indonesia: Implications for Legitimacy 印度尼西亚的非法部长通告:对合法性的影响

Rechtsidee Pub Date : 2023-04-01 DOI: 10.21070/jihr.v12i0.972

A. Gunawan, Wasis Susetio, Markoni Markoni, Achmad Edi Subiyanto

引用次数: 0

Trust and Accountability: Legal Implications of Train Delays 信任与责任:火车延误的法律含义

Rechtsidee Pub Date : 2023-03-30 DOI: 10.21070/jihr.v12i0.970

Erifendi Churniawan

引用次数: 0

Worship in the Mosque during the Pandemic: A Study of Islamic Law 疫情期间的清真寺礼拜：伊斯兰法研究

Rechtsidee Pub Date : 2023-02-03 DOI: 10.21070/jihr.v12i0.959

Ulil Absor, H. Hafsah, Ramadhan Syahmedi Siregar

引用次数: 0

Liability of Mining Companies Related to Environmental Pollution in the Perspective of Prophetic Law 预见法视角下矿业公司环境污染责任研究

Rechtsidee Pub Date : 2023-01-28 DOI: 10.21070/jihr.v11i0.955

St. Muslimah Suciati, Asri Sarif, Rasmuddin, Arfa Arfa

{"title":"Liability of Mining Companies Related to Environmental Pollution in the Perspective of Prophetic Law","authors":"St. Muslimah Suciati, Asri Sarif, Rasmuddin, Arfa Arfa","doi":"10.21070/jihr.v11i0.955","DOIUrl":"https://doi.org/10.21070/jihr.v11i0.955","url":null,"abstract":"This study aims to analyze aspects of mining company liability related to environmental pollution in the perspective of prophetic law. A review of prophetic law is used as an analytical knife to confirm the existence of prophetic law, one of which emphasizes \"unity\" between the interests of humans and the universe (including the environment). This research is a normative legal research by prioritizing the concept and statutory approach. The results of the study confirm that proper legal responsibility for mining companies if it is proven that there is environmental pollution in a preventive manner or prevention, mining companies need to anticipate that before mining companies carry out mining activities, they must submit a post-mining reclamation plan and provide a post-mining reclamation guarantee fund. Then in the implementation of mining activities supervision must be carried out continuously and negotiate/persuade or supervise so that mining companies carry out their mining activities in compliance with permit conditions and other conditions for carrying out environmentally sound mining activities. Viewed from the perspective of prophetic law, legal accountability for mining companies in relation to environmental pollution is actually in accordance with three aspects of prophetic law, namely aspects of transcendence, humanization, and liberation. Therefore, in order to make law enforcement effective regarding legal liability for mining companies in relation to environmental pollution, it is necessary to harmonize and synchronize laws and regulations as well as the need for efforts to maintain coherence between statutory regulations and practice in the field.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47743267","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}

引用次数: 0

Restorative Justice in the New Criminal Code in Indonesia: A Prophetic Legal Study 印尼新刑法中的恢复性司法:一项前瞻性的法律研究

Rechtsidee Pub Date : 2022-12-29 DOI: 10.21070/jihr.v11i0.836

H. Flora

{"title":"Restorative Justice in the New Criminal Code in Indonesia: A Prophetic Legal Study","authors":"H. Flora","doi":"10.21070/jihr.v11i0.836","DOIUrl":"https://doi.org/10.21070/jihr.v11i0.836","url":null,"abstract":"The existence of Law No. 1 of 2023 concerning the Criminal Code (UU KUHP) as the new Criminal Code (KUHP) in Indonesia seeks to apply the legal ideals of Restorative justice is one of the concepts substantively constructed in the newly ratified Criminal Code. This study aims to analyze the existence and implications of restorative justice after ratifying the Draft Criminal Code (RKHUP) as a law. This research is normative legal research with statutory and conceptual approaches. The results of the study confirm that the existence of the concept of restorative justice from a prophetic law perspective fulfills the three fundamental values of prophetic law, namely: divinity, humanity, and justice. So, that the application of restorative justice in a prophetic law perspective strengthens the substance of the legal state of Indonesia as a nation-state based on the Godhead. Almighty. The implications of restorative justice after the ratification of the RKUHP became the Criminal Code Law in the perspective of prophetic law; that is, the substance of restorative justice has been facilitated in the Criminal Code Law and is spread across various articles. One of the affirmations in the Criminal Code Law is that punishment must not demean human dignity, which means protecting human dignity is God's commandment and a person who ignores the dignity of fellow human beings is a person who transgresses limits. Thus, who can conclude that the substance of restorative justice facilitated in the Criminal Code Act is relevant to prophetic law.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48358361","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}

引用次数: 1

Indonesian Legal Framework Related to Online Game Phenomena: A Criminological Review 印度尼西亚与网络游戏现象相关的法律框架:犯罪学评论

Rechtsidee Pub Date : 2022-12-28 DOI: 10.21070/jihr.v11i0.802

Alif Wildan Risardi

{"title":"Indonesian Legal Framework Related to Online Game Phenomena: A Criminological Review","authors":"Alif Wildan Risardi","doi":"10.21070/jihr.v11i0.802","DOIUrl":"https://doi.org/10.21070/jihr.v11i0.802","url":null,"abstract":"The development of online games is part of technological developments. Even so, the development of online games negatively impacts criminal acts and crimes caused by online game addiction. This research seeks to analyze the impact of online games from a criminological perspective as well as efforts to formulate future arrangements to minimize the existence of people who are addicted to online games and commit criminal acts due to addiction to online games. This type of research is normative legal research by prioritizing conceptual and statutory approaches. The study results show that the impact of online game addiction from a legal and criminological perspective can lead to crimes or criminal acts due to online game addiction. The occurrence of the crime or criminal acts caused by online games is also influenced by the surrounding environment, which also seems to justify or at least allow the occurrence of these crimes. Therefore, future regulatory efforts to minimize the impact of online games are to make revisions related to the provisions contained in the Regulation of the Minister of Communication and Informatics No. 11 of 2016 concerning the Clarification of Electronic Interactive Games, especially to emphasize the existence of sanctions and coercive elements so that various provisions in the Regulation can be implemented optimally and need to get a follow-up in the form of public policy.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48539479","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}

引用次数: 0