Rechtsidee最新文献_第5页

Law Versus Humanity: Problems of the Non Refoulement Principle Regarding Refugees in Southeast Asia 法律与人性：东南亚难民不违背原则的问题

Rechtsidee Pub Date : 2022-12-07 DOI: 10.21070/jihr.v11i0.784

Felix Ferdin Bakker, Respati Triana Putri, D. Chairunnisa

{"title":"Law Versus Humanity: Problems of the Non Refoulement Principle Regarding Refugees in Southeast Asia","authors":"Felix Ferdin Bakker, Respati Triana Putri, D. Chairunnisa","doi":"10.21070/jihr.v11i0.784","DOIUrl":"https://doi.org/10.21070/jihr.v11i0.784","url":null,"abstract":"Legal issues related to refugees in Southeast Asia are influenced by the lack of regulations related to refugees in countries in Southeast Asia. This is related to the increasing number of refugees in Southeast Asia who are accepted by a country only based on humanitarian reasons. This study aims to examine the legal aspects related to the problem of refugees with the principle of non-refoulement related to refugees in Southeast Asia. This research is a normative legal research with a conceptual approach and legislation. The results of the study confirm that one of the legal aspects related to refugees in Southeast Asia is to strengthen regulations in each country in Southeast Asia. This includes also confirming the existence of the principle of non-refoulement by ratifying and becoming a party to the 1951 Convention and 1967 Protocol as an effort to provide legal certainty in implementing legal policies related to refugees. In addition, the role of the ASEAN Intergovernmental Commission on Human Rights (AICHR) plays an important role in providing welfare and protection for refugees from violence and discrimination. This is mainly by optimizing the involvement of ASEAN countries in providing direct assistance with the distribution of food, clothing and a decent living regardless of matters relating to citizenship. This is intended so that ASEAN countries' acceptance of refugees for humanitarian reasons is also limited and guided by legal products that guarantee legal certainty as well as the implementation of the principle of non-refoulement.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42723452","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

Establishing Ethical Norms: Dignified Justice Theory Perspectives on Ethics and Legal Relations 建构伦理规范:尊严正义理论的伦理与法律关系视角

Rechtsidee Pub Date : 2022-06-30 DOI: 10.21070/jihr.v10i0.773

Fradhana Putra Disantara, Bayu Dwi Anggono, A'an Efendi

引用次数: 2

The Business Permits in Gampong Beurawe Aceh: The Existence of the Current Aceh Qanun 亚齐甘榜博拉维的商业许可:当前亚齐卡农的存在

Rechtsidee Pub Date : 2022-06-30 DOI: 10.21070/jihr.v10i0.772

Citraresmi Widoretno Putri

引用次数: 0

Legal Uncertainty Regarding the Application of The Principle of Territoriality in the Immigration Area 论移民领域适用属地性原则的法律不确定性

Rechtsidee Pub Date : 2022-06-29 DOI: 10.21070/jihr.v10i0.785

Rizal Fitroh Dwi Widodo, M. H. Rifa’i, Jhonata Wiratama

{"title":"Legal Uncertainty Regarding the Application of The Principle of Territoriality in the Immigration Area","authors":"Rizal Fitroh Dwi Widodo, M. H. Rifa’i, Jhonata Wiratama","doi":"10.21070/jihr.v10i0.785","DOIUrl":"https://doi.org/10.21070/jihr.v10i0.785","url":null,"abstract":"The area of immigration is an important aspect of immigration law enforcement and practice. This is because the immigration area preventively represents the sovereignty of a country. Even so, in the Immigration Law in Indonesia there are no special regulations regarding the immigration area. So there is the problem of a legal vacuum related to special regulations regarding the immigration area. This research is a normative legal research with a statutory and conceptual approach. The results of the study confirm that the principle of territoriality in the immigration area requires legal certainty. This is because in the practice of immigration, the principle of territoriality is an important principle, one of which is trying to prevent it from protecting the sovereignty of the state. In addition, the government needs to make a special legal product that regulates immigration areas in the form of Government Regulations and Presidential Regulations which can then be followed up technically with the regulations below. Technical follow-up to Government Regulations and Presidential Regulations can be in the form of a Regulation of the Minister of Home Affairs and specifically technical instructions regarding immigration areas can be formed for officers and law enforcement officers in the immigration sector who are specifically tasked with immigration areas.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46783669","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

Lack of Protection for Non-Fungible Token (NFT) Creators in Indonesia: A Progressive Legal Study 印度尼西亚对不可替代代币(NFT)创建者缺乏保护:一项进步的法律研究

Rechtsidee Pub Date : 2022-06-22 DOI: 10.21070/jihr.v10i0.783

Dina Aidah Norasari

{"title":"Lack of Protection for Non-Fungible Token (NFT) Creators in Indonesia: A Progressive Legal Study","authors":"Dina Aidah Norasari","doi":"10.21070/jihr.v10i0.783","DOIUrl":"https://doi.org/10.21070/jihr.v10i0.783","url":null,"abstract":"Technological developments require a proactive legal response, especially in providing legal protection guarantees. One of the technological developments that requires the role of law in providing protection is related to Non-Fungible Tokens (NFT) which are increasingly developing in producing works of economic value. This study aims to orientate legal protection for the creators of NFT works from a progressive legal perspective. This research is a normative legal research with a statutory approach and a concept approach. The results of the study confirm that from a progressive legal perspective, NFT is an implication of technological developments that must receive attention and protection through various legal instruments. In a progressive legal perspective, the presence of NFT requires the need for special regulations regarding NFT both at the level of the Law by revising the Copyright Law and by affirming the character of NFT through regulations under the Act. The implementation of progressive law in protecting the creators of NFT-based works is to include NFT works as part of the copyright through extensive and futuristic interpretation. In addition, the government's legal policy needs to specifically regulate NFT as well as various aspects of legal protection including: recording and issuing certificates of NFT works as well as copyrights in general. This is intended so that NFT works can become part of copyright that gets legal protection as well as guarantees legal certainty regarding the rights of creators of NFT-based works","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48676782","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 Construction of Customary Values as Part of The Agreements’s Validity 作为协议有效性一部分的习惯价值观建构

Rechtsidee Pub Date : 2022-06-16 DOI: 10.21070/jihr.v10i0.781

Christina Bagenda, Cicilia Helena Carbonilla

{"title":"The Construction of Customary Values as Part of The Agreements’s Validity","authors":"Christina Bagenda, Cicilia Helena Carbonilla","doi":"10.21070/jihr.v10i0.781","DOIUrl":"https://doi.org/10.21070/jihr.v10i0.781","url":null,"abstract":"Agreement is one of the important aspects in civil law. This is because the agreement is one of the legal actions that are often and commonly carried out in everyday life. Article 1320 of the Civil Code actually confirms the conditions for the validity of the agreement, such as: competent, agree, certain things, are allowed by law. However, in practice, something that is permitted by law is not only interpreted as permitted by positive or written law. However, it also includes unwritten legal values in society, which in this case includes Customary Values. This study aims to verify the legal terms of the agreement, including the inclusion of customary values as a valid condition of the agreement. This research is a normative legal research with a conceptual approach and legislation. The novelty in this research is the effort to extend the legal terms of the agreement, especially the halal cause or things that are permitted by law, including those permitted by unwritten law, in this case the customary values that apply in society. The results of this study confirm that with a futuristic and extensive interpretation, the meaning of halal causes or things permitted by law as a condition for the validity of the agreement must be expanded so that it includes unwritten law including customary values. Customary values that are still alive and valid in society are categorized as living law so that they become unwritten law. Because it is still valid in the community, customary values as unwritten law must be considered rights in making an agreement. This confirms that local customary values as long as they are still valid and live in the community can be a parameter as a condition for the validity of the agreement through the expansion of halal causes or something permitted by law in Article 1320 of the Civil Code.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48118437","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

Crypto Asset as a Transaction Tool in the Perspective of Economic Analysis of Law: Legal Consequences and Ius Constituendum 法律经济分析视角下的加密资产交易工具：法律后果与Ius构成

Rechtsidee Pub Date : 2022-06-16 DOI: 10.21070/jihr.v10i0.787

Dita Damayanti Sasmito Ningsih, Dimas Hikari Achmad, Elreddian Kusuma Dewi, Yessy Arinta Puji Purnami

{"title":"Crypto Asset as a Transaction Tool in the Perspective of Economic Analysis of Law: Legal Consequences and Ius Constituendum","authors":"Dita Damayanti Sasmito Ningsih, Dimas Hikari Achmad, Elreddian Kusuma Dewi, Yessy Arinta Puji Purnami","doi":"10.21070/jihr.v10i0.787","DOIUrl":"https://doi.org/10.21070/jihr.v10i0.787","url":null,"abstract":"The use of crypto assets in business transactions is actually part of the development of technology and business digitization. This study aims to examine crypto assets as a means of business transactions in the perspective of Economic Analysis of Law. This research is a normative legal research with a concept and legislation approach. The results of the study explain that the legal consequences of crypto assets as a transaction tool in the perspective of the Economic Analysis of Law, which needs to be seen first as to whether crypto assets are in digital business transactions. As goods that can be traded, of course, crypto assets can become goods that are traded in accordance with the provisions of the Minister of Trade for Crypto Assets and Bappebti Regulations concerning the Determination of the List of Crypto Assets in the Physical Market. However, as a payment currency in digital business transactions, of course, crypto assets cannot actually be used as legal tender, because if it refers to the Currency Law, the legal tender is Rupiah. Thus, every digital transaction that only uses crypto assets as currency is null and void and subject to criminal sanctions. Furthermore, future regulation of crypto assets as a transaction tool in the perspective of Economic Analysis of Law must be carried out by breaking down the substance of Bappebti Regulation concerning the Determination of the List of Crypto Assets in the Physical Market into two characters, namely regeling and beshikking characters. In addition, studies and proposals from Bappebti are important to determine whether crypto assets can be used as currency in the future.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42345264","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

An Overview of Disputes Regarding the Right of Structure in Indonesia 印度尼西亚关于结构权的争议概述

Rechtsidee Pub Date : 2022-06-16 DOI: 10.21070/jihr.v10i0.776

Said Fitra, S. Purwaningsih

引用次数: 0

Royalty as a Way to Protect Creator: Current Conditions in Indonesia 版税作为保护创作者的一种方式:印尼的现状

Rechtsidee Pub Date : 2022-06-15 DOI: 10.21070/jihr.v10i0.780

Sitti Fatimah Maddusila

{"title":"Royalty as a Way to Protect Creator: Current Conditions in Indonesia","authors":"Sitti Fatimah Maddusila","doi":"10.21070/jihr.v10i0.780","DOIUrl":"https://doi.org/10.21070/jihr.v10i0.780","url":null,"abstract":"One of the legal rights that must be protected is intellectual property rights. This study analyzes intellectual property legal protection aspects based on a royalty system. This research is the normative legal research to produce legal arguments, usually called legal prescriptions. This study uses primary legal materials, which include: the 1945 Constitution of the Republic of Indonesia, the Patent Law, the Copyright Law, the Government Regulation on Song and/or Music Royalties, also the Plant Variety Royalties Act. Secondary legal materials include the results of studies and research on aspects of royalties in intellectual property rights. Non-legal material includes various non-legal studies of the royalty system in intellectual property. The approach in this research is a conceptual approach and a statutory approach. The results of the study confirm that the implication of the implementation of the royalty system in intellectual property rights requires the state to realize three fundamental legal values related to royalty policies, such as guarantees of legal certainty over the rules regarding royalties, guarantees of benefit from the distribution of royalties, as well as guarantees of fair distribution of royalties based on the principle of proportionality. In addition, legal protection with a royalty system in intellectual property rights needs to be carried out externally and internally.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48448581","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

Preventing Bullying with Tolerance: A Study of Islamic Law 宽容预防欺凌：伊斯兰法律研究

Rechtsidee Pub Date : 2022-06-15 DOI: 10.21070/jihr.v10i0.779

M. Munir

引用次数: 0