Rechtsidee最新文献_第4页

The Reformulation of Abortion Regulations: Study of the Ratio Legis and Ius Constituendum 堕胎法规的重新制定:法律比率与构成法之研究

Rechtsidee Pub Date : 2022-12-28 DOI: 10.21070/jihr.v11i0.799

Dinda Fefty Miranda Putri, Ainul Azizah, Fanny Tannuwijaya

{"title":"The Reformulation of Abortion Regulations: Study of the Ratio Legis and Ius Constituendum","authors":"Dinda Fefty Miranda Putri, Ainul Azizah, Fanny Tannuwijaya","doi":"10.21070/jihr.v11i0.799","DOIUrl":"https://doi.org/10.21070/jihr.v11i0.799","url":null,"abstract":"Abortion can actually be carried out with various special provisions based on Law no. 36 of 2009 concerning Health (Health Law) and Government Regulation no. 61 of 2014 concerning Reproductive Health (PP Kespro). This study aims to find out the legal review regarding abortion in relation to the principle of protection for rape victims, as well as to study and formulate an appropriate and appropriate timeframe for carrying out an abortion based on the principle of protection for rape victims. This research is normative legal research by prioritizing conceptual and statutory approaches. The results of the study confirm that the legal ratio for setting the fetal age limit related to abortion for rape victims does not actually explain the reasons or the urgency why the 6 weeks and 40 (forty) days are calculated from the first day of the last menstrual period formulated by the formulators of laws and regulations and only refers to The principle of protecting victims is currently the main orientation of Indonesian criminal law. In the future, the regulation on the principle of protection for victims related to the fetal age limit related to abortion for victims of rape, namely: it is necessary to emphasize the principle of protection for victims in the Health Law. The recommendation of this research is the need for a revision of the Health Law and PP on Produce as based on WHO provisions and with relevant medical considerations.","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":"47221466","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

Turn on the Living Law: The Construction and Implications of Living Law in Ratification of Draft Criminal Code (RKUHP) 开启活法:刑法草案批准书中活法的建构与意蕴

Rechtsidee Pub Date : 2022-12-28 DOI: 10.21070/jihr.v11i0.798

Musmuliady, Jubair, Aminuddin Kasim

{"title":"Turn on the Living Law: The Construction and Implications of Living Law in Ratification of Draft Criminal Code (RKUHP)","authors":"Musmuliady, Jubair, Aminuddin Kasim","doi":"10.21070/jihr.v11i0.798","DOIUrl":"https://doi.org/10.21070/jihr.v11i0.798","url":null,"abstract":"Legal provisions that live in society are one of the controversial provisions in the ratification of the Draft Criminal Code (RKUHP). That is because the law in the community is related to legal values written and unwritten in society. This study aims to analyze the legal aspects of culture in RKUHP. This research is normative legal research that puts forward legal issues on the implications of legal arrangements regarding living law in the RKUHP and focuses on using a conceptual and statutory approach. The results of the study confirm that the construction of living law in the community (living law) in the RKUHP, which emphasizes that the living law is customary law, is also formulated simultaneously with the regional role in establishing regional regulations based on the substance of local customary law. In addition, the construction of regional rules to accommodate Article 2 of the RKUHP to regulate the importance of customary law raises legal ambiguity, namely regional rules at the provincial or regency/city level that have the authority to regulate them; so that there is no disharmony of customary law arrangements in the formulation of regional regulations as a follow-up to Article 2 RKUHP. Furthermore, the legal implications related to living law arrangements in the RKUHP, namely the lack of clarity in Article 2 of the RKUHP, including the need for regulation at the regional level through regional regulations, have the potential to cause criminalization based on regional principles","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67766031","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

Meaningful Participation in Local Regulation Making in Indonesia: A Study of Legislative Law 印尼地方法规制定中的有意义参与:立法法研究

Rechtsidee Pub Date : 2022-12-28 DOI: 10.21070/jihr.v11i0.801

Alda Rifada Rizqi

{"title":"Meaningful Participation in Local Regulation Making in Indonesia: A Study of Legislative Law","authors":"Alda Rifada Rizqi","doi":"10.21070/jihr.v11i0.801","DOIUrl":"https://doi.org/10.21070/jihr.v11i0.801","url":null,"abstract":"The meaningful participation aspect is one of the conceptions born after the Constitutional Court's decision regarding job creation law. It is carefully considered, as well as the right to obtain answers and justifiable reasons for the aspirations that have been conveyed. This study examines the application of meaningful participation in forming Regional Regulations. This research is normative legal research with a concept and statutory approach. The research results confirm that meaningful participation must also be applied in preparing regional regulations as part of the legislation. In this case, meaningful participation in the drafting of Regional Regulations must also be proportional and meaningful in taking into account the dimensions and aspects of local wisdom in the regions. In a further application, the idea of meaningful participation needs to be strengthened in preparing regional regulations and regional legal products by emphasizing the meaningful participation aspect in the Permendagri regional legal products. That is so that the idea of meaningful participation can be adhered to by the regions in drafting regional legal products, particularly in drafting regional regulations.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":"117 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67766044","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 Legal Position of the Security Unit in the Perspective of Labor Law 劳动法视野中保障单位的法律地位

Rechtsidee Pub Date : 2022-12-27 DOI: 10.21070/jihr.v11i0.791

Pribampudi Teguh, Mustakim

{"title":"The Legal Position of the Security Unit in the Perspective of Labor Law","authors":"Pribampudi Teguh, Mustakim","doi":"10.21070/jihr.v11i0.791","DOIUrl":"https://doi.org/10.21070/jihr.v11i0.791","url":null,"abstract":"The security unit (Satpam) is actually an independent security unit that carries out police duties in a certain environment. This study aims to examine the legal position of security guards in relation to labor law aspects. This research is a normative legal research with a concept and statutory approach. The results of the study confirm that the legal position of a security guard in employment law is that in terms of duties and authorities, a security guard actually carries out the duties of the police, but in terms of rights and obligations in general, such as those related to wages, leave, overtime and so on, they should be based on labor provisions as stipulated in the Labor Law and the Job Creation Law. Regarding the guarantee of employment rights for security guards in the perspective of labor law based on the principle of ejusdem generis in general it can be equated with rights for workers in general, such as: the right to adequate wages, the right to leave, the right to health insurance, the right to severance pay, as well as the right to legal protection. However, there are rights that need to get special arrangements related to security guards in their position as special workers such as the right to associate and assemble which need to be further regulated through government regulations and presidential regulations which contain: the position of independent security guards, especially security guards, rights and obligations, as well as efforts and legal mechanisms.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42980577","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

Reconstruction of the Role From the Prosecutor Based on the Socio-Legal Approach 基于社会法律视角的检察官角色重构

Rechtsidee Pub Date : 2022-12-27 DOI: 10.21070/jihr.v11i0.792

Hamdan Rampadio

{"title":"Reconstruction of the Role From the Prosecutor Based on the Socio-Legal Approach","authors":"Hamdan Rampadio","doi":"10.21070/jihr.v11i0.792","DOIUrl":"https://doi.org/10.21070/jihr.v11i0.792","url":null,"abstract":"The prosecutor is one of the law enforcement officers who have an orientation to enforce the law in society. The prosecutor in this case does not only apply the law in the form of written texts in the Act, but also looks at the context in social-societal reality. This study aims to explore the socio-legal aspects in implementing the duties of the prosecutor in realizing justice in society. This research is a normative legal research by prioritizing socio-legal aspects. This study uses primary legal materials, namely: the 1945 Constitution of the Republic of Indonesia, the Prosecutor's Law, the Prosecutor's Regulation on Restorative Justice. Secondary legal materials include: books, journal articles, as well as various research results on law enforcement by the Attorney General's Office. Non-legal materials include: various results of non-legal studies on law enforcement by the Attorney General's Office. The approach in this study uses a conceptual approach and a statutory approach. The results of the study confirm that prosecutors in law enforcement in Indonesia are oriented towards law enforcement tasks in the field, which means that prosecutors need to look at non-legal aspects and understand several aspects of social reality in society to maximally enforce the law in society. The urgency of the socio-legal approach regarding the role of prosecutors in Indonesia is to make prosecutors more comprehensive in understanding legal issues that develop in society.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47136217","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

The Communal Dimension of Intellectual Property Rights: An Integrative Legal Perspective on the Future of Geographical Indications 知识产权的公共维度：地理标志未来的综合法律视角

Rechtsidee Pub Date : 2022-12-15 DOI: 10.21070/jihr.v11i0.844

Melantik Rompegading, Asmah

{"title":"The Communal Dimension of Intellectual Property Rights: An Integrative Legal Perspective on the Future of Geographical Indications","authors":"Melantik Rompegading, Asmah","doi":"10.21070/jihr.v11i0.844","DOIUrl":"https://doi.org/10.21070/jihr.v11i0.844","url":null,"abstract":"This study aims to analyze the communal dimensions of geographical indication intellectual property rights with an integrative legal perspective. This research is a normative legal research. The results of the study confirm that the character of geographic indication rights which have a communal basis is actually relevant to the legal character of the Indonesian people who view intellectual property as joint property and can be used jointly. Therefore, the character of geographical indication rights that have a communal basis in the future can be regulated through legal instruments regarding Traditional Cultural Expressions which also contain provisions regarding geographic indication rights. This actually requires the role of the state as a trigger for the birth of a conducive economic climate by optimizing intellectual property in the form of geographical indications. Future arrangements for geographic indication rights in an integrative legal perspective can be carried out by optimizing the role of the government (bureaucracy) as a social changer. The role of the bureaucracy is based on laws and policies made by the central government and local governments. It is necessary to provide incentives for communities or legal entities that have an orientation to optimize geographic indications. The existence of incentives from the government should also be optimized in the realm of local government so that people are motivated to optimize geographical indications which can be used as a means to improve the economic level of the community.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46050700","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

Triadism Perspective on Payment of Debt Taxes in Complete Systematic Hold Registration Program: What and How? 从三位一体的视角看完全系统持有登记计划中的债务税支付：什么以及如何支付？

Rechtsidee Pub Date : 2022-12-12 DOI: 10.21070/jihr.v11i0.789

Nur Amalina Putri Adytia, Tunggul Anshari SN, A. Jauharoh

{"title":"Triadism Perspective on Payment of Debt Taxes in Complete Systematic Hold Registration Program: What and How?","authors":"Nur Amalina Putri Adytia, Tunggul Anshari SN, A. Jauharoh","doi":"10.21070/jihr.v11i0.789","DOIUrl":"https://doi.org/10.21070/jihr.v11i0.789","url":null,"abstract":"The Complete Systematic Land Registration Program (PTSL) actually has an orientation to provide guarantees of legal certainty. However, the formulation of rules in Ministerial Regulation No. 6/2018 regarding PTSL provides space for not fulfilling three values that must be met by law. This study aims to analyze PTSL Regulations in the perspective of Gustav Radbruch's triadism. This research is a juridical-normative research by prioritizing conceptual and statutory approaches. The results of the study confirmed that from the aspects of fairness, benefit, and legal certainty, the regulation of the payment of taxes payable for the transfer of rights to certified land from the PTSL program as stated in the PTSL Ministerial Regulation has the potential to prevent the three basic legal values from being realized. The non-realization of the three basic legal values above in the formulation of arrangements for payment of taxes payable for the transfer of land rights certified from the PTSL program has the potential to cause injustice in society while minimizing the beneficial aspects of the PTSL program as well as creating legal uncertainty in society regarding the implementation of the PTSL program which has the potential to harm human rights. community as PTSL participants. Revisions to the PTSL Ministerial Regulation, specifically Article 33 paragraph (1) of the PTSL Ministerial Regulation in conjunction with Article 40 paragraph (1) of the PTSL Ministerial Regulation actually aim to fulfill the three basic legal values put forward by Gustav Radbruch, for ensuring justice, expediency, and legal certainty.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47858890","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 Restorative Justice: Ideality, Reality, and Problems in The Indonesia Criminal Justice System 恢复性司法：印度尼西亚刑事司法系统的理想、现实与问题

Rechtsidee Pub Date : 2022-12-12 DOI: 10.21070/jihr.v11i0.775

Nurul Putri Awaliah Nasution

引用次数: 1

The Need for National and State Ethics Laws in Indonesia 印度尼西亚需要制定国家和州道德法

Rechtsidee Pub Date : 2022-12-12 DOI: 10.21070/jihr.v11i0.788

Soebagio Boerhan, Dudik Djaja Sidharta

{"title":"The Need for National and State Ethics Laws in Indonesia","authors":"Soebagio Boerhan, Dudik Djaja Sidharta","doi":"10.21070/jihr.v11i0.788","DOIUrl":"https://doi.org/10.21070/jihr.v11i0.788","url":null,"abstract":"The study of constitutional law does not only study positive law, but also includes national and state ethics. Indonesia actually has TAP MPR No. 4 on the Ethics of National Life. Although in its application the ethics of nation and state are still not effective in practice in society. This study aims to examine TAP MPR No. VI concerning the Ethics of National Life and its implementation in various aspects and future arrangements. This research is a normative legal research. Legal materials in this study include primary, secondary, and non-legal materials. The approach in this study uses a conceptual approach and a statutory approach. The results of the study confirmed that the implications of TAP MPR No. VI concerning the Ethics of National Life in constitutional law in Indonesia actually requires special arrangements in the Act so that it becomes the Law on the Ethics of National and State Life. The future implementation and regulation of the TAP MPR on National and State Ethics in Indonesian constitutional law can be carried out by establishing a Law on National and State Ethics which contains basic principles and is instrumentally and specifically determined by each agency, profession or group in society, combining the socialization of the four pillars of the MPR with the socialization of awareness of national and state ethics, and making awareness of national and state ethics as part of the national education system.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45277625","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 Business Judgment Rule in a Progressive Legal Perspective: Essence and Implications in Indonesia 进步法学视角下的商业判断规则:印尼的本质与启示

Rechtsidee Pub Date : 2022-12-12 DOI: 10.21070/jihr.v11i0.790

Wilda Shafira, Ananda Elena Nurul Izzah, Primanadya Dian Pamella, Nabila Ghina Dzakirah

{"title":"The Business Judgment Rule in a Progressive Legal Perspective: Essence and Implications in Indonesia","authors":"Wilda Shafira, Ananda Elena Nurul Izzah, Primanadya Dian Pamella, Nabila Ghina Dzakirah","doi":"10.21070/jihr.v11i0.790","DOIUrl":"https://doi.org/10.21070/jihr.v11i0.790","url":null,"abstract":"The business judgment rule is a concept of business law to provide protection for the directors and commissioners of the company regarding liability due to decisions or policies that harm the company. This concept is important to realize creative and innovative directors in carrying out business practices. This study aims to explore the progressive legal aspects of the business judgment rule concept. This research is a normative legal research oriented to the study of the concept of business judgment rule and the theoretical study of progressive law. The primary legal materials in this study include: the 1945 Constitution of the Republic of Indonesia, the PT Law, and the POJK on the Board of Directors and Board of Commissioners of Issuers or Public Companies. Secondary legal materials include: the results of studies and research that discusses the concept of business judgment rule and progressive law. Non-legal materials include legal dictionaries. The results of the study confirm that the essence of the concept of business judgment rule is to optimize the effectiveness and efficiency of the company. This includes providing guarantees for protection and legal certainty for directors and commissioners regarding liability for company losses that can be excluded through the concept of a business judgment rule. The implications of the business judgment rule in the perspective of progressive law can be done by revising Article 97 paragraph (5) of the Limited Liability Company Law to guarantee the limits of the business judgment rule more specifically so as to ensure legal certainty, prioritizing human values in progressive law as guiding values in reading the formulation of Article 97 paragraph (5) PT Law, as well as the role of judges in court through their decisions to develop the concept of a business judgment rule in practice.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47596788","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