Rechtsidee最新文献_第6页

Implementing Pancasila Economic System through BUMDes: A Legal Analysis on Desa Empowerment and Indonesia's Legal Framework 通过BUMDes实现潘卡西拉经济制度:德萨赋权与印尼法律框架的法律分析

Rechtsidee Pub Date : 2022-06-15 DOI: 10.21070/jihr.v10i0.975

Made Jayantara, I. Kurniawan

{"title":"Implementing Pancasila Economic System through BUMDes: A Legal Analysis on Desa Empowerment and Indonesia's Legal Framework","authors":"Made Jayantara, I. Kurniawan","doi":"10.21070/jihr.v10i0.975","DOIUrl":"https://doi.org/10.21070/jihr.v10i0.975","url":null,"abstract":"This normative legal study aims to analyze the application of the Pancasila economic system in Desa through BUMDes. The research focuses on two legal issues: the urgency of implementing the Pancasila economic concept in Desa and constructing Indonesia's legal framework through BUMDes practices. The research results show that Desa requires empowerment and welfare improvement, making the implementation of the Pancasila economic system crucial. BUMDes is expected to implement the Pancasila values in its economic system and prioritize fair distribution of economic resources and community welfare. The legal construction of Indonesia through BUMDes practices can be done by adopting Pancasila economic values and principles of kinship and cooperation. The implication of this study is to encourage policymakers to promote the implementation of the Pancasila economic system and BUMDes practices in empowering Desa and constructing Indonesia's legal framework.Highlights \u0000 \u0000Urgency of implementing Pancasila values in Desa for empowerment and welfare improvement. \u0000BUMDes as a means to implement Pancasila economic system and prioritize fair distribution of resources. \u0000Legal construction of Indonesia through adoption of Pancasila economic values and principles of kinship and cooperation. \u0000 \u0000Keywords: Pancasila economic system, BUMDes practices, Desa empowerment, Legal framework, Fair distribution.","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":"43508487","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

Law on Asset Recovery for Corruption in Indonesia: An Urgent Need 印度尼西亚腐败资产追回法：当务之急

Rechtsidee Pub Date : 2021-12-31 DOI: 10.21070/jihr.v9i0.762

Sekar Langit Jatu Pamungkas, Kuswardani

{"title":"Law on Asset Recovery for Corruption in Indonesia: An Urgent Need","authors":"Sekar Langit Jatu Pamungkas, Kuswardani","doi":"10.21070/jihr.v9i0.762","DOIUrl":"https://doi.org/10.21070/jihr.v9i0.762","url":null,"abstract":"Corruption is an organized crime, so that its existence is required to complete the law not only for the perpetrators but also for the results of acts of corruption which are often not found with a track record of all assets of corruption. This study aims to examine legal products in Indonesia regarding the seizure of assets resulting from criminal acts of corruption. Philosophically, the existence of criminal acts of corruption is a form of state responsibility to eradicate because there is not yet a strong legal basis to regulate the mechanism of confiscation effectively in the enforcement of corruption. This research method uses normative juridical with conceptual legal approach with qualitative descriptive research type. The results of this study can be concluded that the urgency of the establishment of the Draft Law on the confiscation of assets resulting from acts of corruption is to change the legal paradigm in law enforcement of criminal acts of corruption which is not only focused on perpetrators of corruption but assets resulting from criminal acts of corruption can be returned based on the amount of losses suffered by the perpetrators of corruption. country. The effectiveness of the law with the formation of these legal products closes the gaps that have so far arisen so that it triggers the existence of criminal acts of corruption. ","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48135032","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 Problems of Compensation Employement Termination Due to Covid-19 新型冠状病毒肺炎有偿解除雇佣关系的若干问题

Rechtsidee Pub Date : 2021-12-30 DOI: 10.21070/jihr.v9i0.718

Betty Yunita Setyorini

引用次数: 0

Forced Defense in Indonesia: Striking a Balance between Proportionality and Subsidiarity 印尼的强制防御：在比例性和辅助性之间取得平衡

Rechtsidee Pub Date : 2021-12-30 DOI: 10.21070/jihr.v9i0.971

Handy Ariansyah, E. Rosnawati

引用次数: 0

The Breaking Down Political Corruption: The Urgency of Progressive Law Enforcement 打破政治腐败:进步执法的紧迫性

Rechtsidee Pub Date : 2021-12-16 DOI: 10.21070/jihr.v9i0.774

Abdul Wahid

{"title":"The Breaking Down Political Corruption: The Urgency of Progressive Law Enforcement","authors":"Abdul Wahid","doi":"10.21070/jihr.v9i0.774","DOIUrl":"https://doi.org/10.21070/jihr.v9i0.774","url":null,"abstract":"Political corruption is one of the legal phenomena in the form of corruption carried out by involving political actors or power actors. Political corruption is a phenomenon that occurs in almost all parts of the world and is a global problem. This study aims to explore the value and substance of progressive law as a solution in dealing with political corruption in Indonesia. This research is a normative legal research. This research specifically prioritizes socio-legal aspects, namely non-legal aspects that can enlighten and clarify the description of problems in political corruption. The legal materials used are primary legal materials which include: the Corruption Law, the Amendment to the Corruption Crime Act, and the UNCAC ratification law. Secondary legal materials include the results of studies and research on political corruption in Indonesia, and non-legal materials include various non-legal studies and analyzes related to political corruption that support this research. The approach used is a statutory approach as well as a conceptual approach. The results of the study confirm that the urgency of progressive law in breaking down political corruption needs to be carried out because the orientation of progressive law does not only focus on rules, but also emphasizes behavioral aspects. The orientation and formulation of progressive law in breaking down political corruption is to emphasize the behavioral dimension in the form of leadership and professionalism in terms of substance, structure, and legal culture.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45321973","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 Indonesian Government's Liability Against Forest Fires That Caused Losses to Malaysia 印尼政府对给马来西亚造成损失的森林火灾的责任

Rechtsidee Pub Date : 2021-09-06 DOI: 10.21070/jihr.2021.9.747

Rifqi Ridlo Phahlevy, Rizal Bagus Habibulloh

引用次数: 0

Restorative Justice Arrangements in the Indonesian Criminal Justice System: A Contribution of Thoughts 印度尼西亚刑事司法制度中的恢复性司法安排:思想贡献

Rechtsidee Pub Date : 2021-06-17 DOI: 10.21070/jihr.v8i0.778

A. Wahid

{"title":"Restorative Justice Arrangements in the Indonesian Criminal Justice System: A Contribution of Thoughts","authors":"A. Wahid","doi":"10.21070/jihr.v8i0.778","DOIUrl":"https://doi.org/10.21070/jihr.v8i0.778","url":null,"abstract":"The criminal justice system has an orientation to involve various components to prevent the occurrence of criminal acts. In the practice of criminal law, the idea of restorative justice has emerged in the practice of law in Indonesia. This study aims to initiate the regulation of restorative justice in the Criminal Procedure Code as part of the criminal justice system's development. This research is normative legal research oriented to the study and analysis of positive law. This study examines the legal issue, namely the legal vacuum in the regulation of restorative justice in the Criminal Procedure Code. The study results confirm that restorative justice is part of the criminal justice system, especially in the aspect of the criminal justice system process, which effectively and efficiently strengthens the orientation of the legal process effectively and efficiently in criminal law enforcement. In this context, restorative justice is part of the development of legal theory and practice and an effort to revive the value of local wisdom in Indonesian criminal law. The Ius constituendum or future arrangements related to restorative justice in the Criminal Procedure Code need to be carried out so that the Criminal Procedure Code can guide the implementation of formal law in Indonesia that has Indonesian aspirations, especially with the application of restorative justice in practice as well as the pouring of restorative justice in the Criminal Procedure Code which is essential to ensure legal certainty as well as provide a dimension of harmony for restorative justice arrangements","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47368709","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

Reconstruction of the Legality Principle: The Essence of the Pancasila Spirit in Criminal Law Reform 法治原则的重构：刑法改革中潘卡西拉精神的精髓

Rechtsidee Pub Date : 2021-06-16 DOI: 10.21070/jihr.v8i0.782

Kartini Mallarangan

{"title":"Reconstruction of the Legality Principle: The Essence of the Pancasila Spirit in Criminal Law Reform","authors":"Kartini Mallarangan","doi":"10.21070/jihr.v8i0.782","DOIUrl":"https://doi.org/10.21070/jihr.v8i0.782","url":null,"abstract":"The principle of legality is the main joint in criminal law. This is because the principle of legality relates to the rights and obligations of the community that have the potential to be subject to criminal law. This study aims to explore the values of Pancasila in the renewal of the national criminal law through the reconstruction of the legality principle in the Draft Criminal Code. This research is normative legal research by prioritizing the concept and legislation approach. The results of the study confirm that the renewal of the national criminal law through the Draft Criminal Code is an important matter, especially by reconstructing the legality principle from formal legality to material legality. Reconstruction of the principle of legality is needed because the principle of legality is the heart of criminal law. This means the reconstruction of the criminal law specifically as well as the reconstruction of the principle of legality. Efforts to reconstruct the principle of legality should be guided by the values of Pancasila as the ideals of Indonesian law. The reconstruction of the legality principle from formal to material, guided by the legal ideals of Pancasila is expected to be relevant to the needs and legal reality of the Indonesian people. This is so that Indonesian criminal law in the future has Indonesian ideals that it is in accordance with the nation's characteristics, personality, and legal ideals, namely Pancasila.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48717798","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

Neglected Elderly: Lacking Welfare Policies in Indonesian Local Governments 被忽视的老年人：印尼地方政府缺乏福利政策

Rechtsidee Pub Date : 2021-06-10 DOI: 10.21070/jihr.v8i0.969

Said Fitra Akbar, Rifqi Ridlo Phahlevy

引用次数: 0

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 印尼政府基于《联合国气候变化框架公约》《巴黎协定》对毁林所致森林退化的问责

Rechtsidee Pub Date : 2021-05-07 DOI: 10.21070/jihr.2021.8.719

Cherin Ayudia Sari, M. Multazam

{"title":"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","authors":"Cherin Ayudia Sari, M. Multazam","doi":"10.21070/jihr.2021.8.719","DOIUrl":"https://doi.org/10.21070/jihr.2021.8.719","url":null,"abstract":"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.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44580970","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