Rechtsidee最新文献_第7页

The Legal Pluralism Strategy of Sendi Traditional Court in the Era of Modernization Law 近代法时代仙地传统法院的法律多元化策略

Rechtsidee Pub Date : 2021-03-09 DOI: 10.21070/jihr.2021.8.702

Dicky Eko Prasetio, Fradhana Putra Disantara, Nadia Husna Azzahra, Dita Perwitasari

{"title":"The Legal Pluralism Strategy of Sendi Traditional Court in the Era of Modernization Law","authors":"Dicky Eko Prasetio, Fradhana Putra Disantara, Nadia Husna Azzahra, Dita Perwitasari","doi":"10.21070/jihr.2021.8.702","DOIUrl":"https://doi.org/10.21070/jihr.2021.8.702","url":null,"abstract":"The Sendi customary community is a community that has procedures for implementing customary law through the customary justice system. Not only that, the Sendi customary community also has a distinctive legal code and customary apparatus; so that its existence needs to be maintained in the face of the era of legal modernization. This research is an empirical legal research; by using secondary data types obtained from various searches for journal articles, books, and information through online news online; relating to the substance of the research. The purpose of this research is to describe the structure of Sendi's customary court in maintaining the existence of customary law; as well as describing the strategy of legal pluralism in Sendi's customary court to face modernization of law era. This empirical legal research focuses on the structure of Sendi's customary court with an approach of legal pluralism. The results of the study confirm that a legal pluralism strategy is needed to maintain the existence of the Sendi traditional court in the era of legal modernization; and integration efforts are needed between the law and the customary apparatus of Sendi with the law and the national or state apparatus.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48619257","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: 13

Bekwaamheid Effect in the Distribution of Divorce Cases in Indonesia: A Lesson from Sidoarjo 印尼离婚案件分布中的贝克瓦姆海德效应：西多阿霍的经验教训

Rechtsidee Pub Date : 2021-02-13 DOI: 10.21070/JIHR.2020.6.694

Noor Fatimah Mediawati, Effy Wardaty Maryam, S. Purwaningsih, Rizqiyah Rosyidatul Azizah, Merry Orienta Cassey

引用次数: 0

Should the Country Abolish Freedom of Religion to Counter Terrorism? 国家应该废除宗教自由来打击恐怖主义吗?

Rechtsidee Pub Date : 2021-02-13 DOI: 10.21070/JIHR.2020.7.699

F. Susanto, M. C. Hidayat

引用次数: 0

The Regulatory Concept of Cyber Notary in Indonesia 印尼网络公证的监管理念

Rechtsidee Pub Date : 2021-01-01 DOI: 10.21070/JIHR.2020.7.701

Shinta Pangesti, G. I. Darmawan, Cynthia P. Limantara

{"title":"The Regulatory Concept of Cyber Notary in Indonesia","authors":"Shinta Pangesti, G. I. Darmawan, Cynthia P. Limantara","doi":"10.21070/JIHR.2020.7.701","DOIUrl":"https://doi.org/10.21070/JIHR.2020.7.701","url":null,"abstract":"Notary has the authority to certify the electronic transaction (cyber notary) according to the Elucidation of Article 15 paragraph (3) of Law Number 2 of 2014 (Law 2/2014). Thus, the authority has been the milestone for the concept of cyber notary in Indonesia. Although the enactment of Law 2/2014 presented a new concept in Notary in Indonesia, but it does not give a wide chance to the application of cyber notary itself. One of the roots that causes the obstacles are the absence of definite law in regulating cyber notary. Law 2/2014 mentioned cyber notary but did not give a normative definition on it. Therefore, the concept of cyber notary is limited to conduct the certification of electronic transaction. Several challenges on performing the authorities and obligations of notary could be found in the context of the implementation of cyber notary, as follows: 1) Notary is bounded to the form and procedure in drawing up authentic deeds set by Article 38 Law 2/2014; 2 ) The appearers shall be known to Notary or introduced to him/her; 3 ) Reading and signing of deeds have to done in specific procedure; and 4) Drawing up deeds in the form of Minutes of Deed and keep the same as a part of Notarial Protocols. This article was classified as legal normative research and meant to analyze the concept of regulation on cyber notary in Indonesia by using statute and conceptual approach.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67766315","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: 2

General Confiscation on Bankcrupty and Confiscation on Criminal Verdict 破产一般没收与刑事判决没收

Rechtsidee Pub Date : 2021-01-01 DOI: 10.21070/JIHR.2020.6.226

Victoria Pasari Putri

{"title":"General Confiscation on Bankcrupty and Confiscation on Criminal Verdict","authors":"Victoria Pasari Putri","doi":"10.21070/JIHR.2020.6.226","DOIUrl":"https://doi.org/10.21070/JIHR.2020.6.226","url":null,"abstract":"General confiscation of bankruptcy and criminal confiscation often occur simultaneously, this has led to debate on both sides between the prosecutor and the curator. Prerihal who is most entitled to the property of palilit and confiscated goods into a long discussion. However, if explained clearly, it will be found that public confiscation can precede criminal confiscation. In this journal, the author tries to discuss the substance and outline of the forgery by using normative writing procedures and applicable statutory regulations. In terms of the benefits of the debt and debt problem can be resolved as soon as possible and as fair as possible so that the economy is disrupted, both economies of a small scale and economies of large scale by continuing to pay attention to the Principle of Proportionality which consumes rights and obligations so that everything is in context and achieves goals that are expected to be fair to every one. In terms of legal certainty, Article 31 of the KPKPU Law that mentions all confiscations, appointed when the debtor's bankruptcy is pronounced is a new regulation and a special regulation compared to the confiscation of criminal provisions contained inArticle 39 paragraph (2) of the Criminal Procedure Code.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67766243","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

Criminalizing Corporations In Environmental Crimes 将企业环境犯罪定为刑事犯罪

Rechtsidee Pub Date : 2021-01-01 DOI: 10.21070/JIHR.2020.7.697

Sanggup Leonard Agustian, Fajar Sugianto, Tomy Michael

引用次数: 1

Enforcement of Criminal Law on Crimes of Criminal Consensus Against State Security: Learning from Indonesia 关于危害国家安全的刑事共识犯罪的刑法实施——以印度尼西亚为例

Rechtsidee Pub Date : 2020-12-30 DOI: 10.21070/JIHR.2020.7.693

Roby Satya Nugraha, Sri Ayu Astuti

{"title":"Enforcement of Criminal Law on Crimes of Criminal Consensus Against State Security: Learning from Indonesia","authors":"Roby Satya Nugraha, Sri Ayu Astuti","doi":"10.21070/JIHR.2020.7.693","DOIUrl":"https://doi.org/10.21070/JIHR.2020.7.693","url":null,"abstract":"The purpose of this legal research is to explain the first discussion, namely how to implement law enforcement against criminal conspiracy (samenspanning) which has been regulated in the Criminal Code and the Criminal Procedure Code. Second How is the imposition of sanctions for criminal conspiracy charges regulated in the Criminal Code in case Number: 293K / Pid / 2016. This type of research is normative research which is descriptive-analytical in nature, using secondary data with data collection techniques through library research and processing data qualitatively, it is concluded that law enforcement against criminal conspiracy is carried out by penal measures, penal measures are one of the efforts to enforce the law or all actions taken by law enforcement officials that focus more on eradication after a crime is committed under criminal law, namely criminal sanctions which constitute a threat to the perpetrator. The stages in this way include investigation, further investigation, prosecution, and so on, which in this case is part of criminal politics. The functionalization of criminal law is an effort to tackle crime through rational criminal law enforcement with the aim of creating the fulfillment of a sense of justice and efficiency. The imposition of sanctions Criminal sanctions imposed if a person has been proven to have committed a criminal act of treason can be punished with a criminal sentence contained in Article 106 of the Criminal Code with the threat of life imprisonment or twenty years in prison.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48043683","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

A Constitutional Dilemma: Local Elections amid of the Covid-19 Pandemic 宪法困境：新冠肺炎大流行期间的地方选举

Rechtsidee Pub Date : 2020-12-30 DOI: 10.21070/JIHR.2020.7.704

H. P. Wiratraman, Risdiana Izzaty, A. Faizal

{"title":"A Constitutional Dilemma: Local Elections amid of the Covid-19 Pandemic","authors":"H. P. Wiratraman, Risdiana Izzaty, A. Faizal","doi":"10.21070/JIHR.2020.7.704","DOIUrl":"https://doi.org/10.21070/JIHR.2020.7.704","url":null,"abstract":"On December 9, 2020, regional elections will be held simultaneously in 270 electoral districts across Indonesia. However, during this period the elections will be held amid the Covid-19 pandemic. This decision raised problems because the Government seemed to clash the protection of the right to health and the right to life due to the pandemic with political rights in the name of democracy. This clash ultimately created a constitutional dilemma. Elections has the potential to create election clusters considering the number of Covid-19 spread and transmission in Indonesia is still high and has not shown a significant decline. The General Election Commission (KPU) stated that the elections would implement health protocols. Nevertheless, holding elections is not just a matter of thorough preparation, but it is high risk, and also expensive. There will be a possible low voter turnout which could affect the legitimacy of the elections results. Facing this constitutional dilemma, an alternative to postponing elections through representative democracy can be an option. If it continues to be held, at least the Government must consider the safety of citizens first by controlling the Covid-19 pandemic, which clearly the mandate of constitutional rights as non-derogable rights, rights that cannot be reduced.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48057191","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: 2

The Existence of Islamic Norms in the Indonesia Constitutional Court Decisions No.22/PUU-XV/2017 印度尼西亚宪法法院2017年第22号判决中伊斯兰规范的存在

Rechtsidee Pub Date : 2020-12-23 DOI: 10.21070/jihr.2020.7.720

Lindi Rohma Octavia, Rifqi Ridlo Phahlevy

引用次数: 0

Plagiarism in Higher Education: Power Relations and Legal Aspects 高等教育中的抄袭:权力关系与法律层面

Rechtsidee Pub Date : 2020-12-12 DOI: 10.21070/JIHR.2020.7.714

Fradhana Putra Disantara

{"title":"Plagiarism in Higher Education: Power Relations and Legal Aspects","authors":"Fradhana Putra Disantara","doi":"10.21070/JIHR.2020.7.714","DOIUrl":"https://doi.org/10.21070/JIHR.2020.7.714","url":null,"abstract":"Academic expression of a person is often manifested in various scientific works as a form of efforts to help ‘educate the nation's life’. However, this scientific work becomes the object of intellectual crime, namely plagiarism. In fact, these intellectual crimes occur in tertiary institutions by utilizing the power relation aspects of certain academic positions. This research is a legal research; which aims to describe power relations as the cause of plagiarism in higher education, and is associated with professionalism and academic ethics; then describe the legal aspects that can be imposed on plagiarism for plagiarism in the realm of Higher Education. In this legal research, primary and secondary legal materials are used to inventory in order to obtain a prescription study on the legal issues discussed. The results of the study state that power relations are the main cause of plagiarism in Higher Education; considering that power relations lead to the structure of academic positions; so that it has the potential to make individuals under the control and dependence of parties who have greater authority. Then, the legal aspects of plagiarism in Higher Education can give birth to legal consequences; in the form of criminal sanctions, civil sanctions, and administrative sanctions. Therefore, the researcher recommends revising the Ministerial Regulation regarding plagiarism in Higher Education; and revising copyright laws and regulations by including several norms regarding plagiarism.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42983878","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