RechtsideePub Date : 2020-07-01DOI: 10.21070/jihr.2020.6.696
S. Abbas
{"title":"Russia’s Eurasian Union Dream: A Way Forward Towards Multi Polar World Order","authors":"S. Abbas","doi":"10.21070/jihr.2020.6.696","DOIUrl":"https://doi.org/10.21070/jihr.2020.6.696","url":null,"abstract":"Since the disintegration of USSR Eurasia has gained a new geopolitical and strategic significance. Fifteen Countries emerged as result of disintegration, among which only Russian Federation was the successor state. The post-soviet era especially the era of 1990s was a political and economic trauma for the Russian federation and the post-soviet space. But Eurasianists were well aware about the American unilateralism and American ‘Grand Chessboard strategy” that was solely aimed at encircling Russian geography. With these concerns, the Eurasianists advised the Russian political and military elites to initiate the Eurasian Union Project. This paper briefly sketches Russian historical Eurasian dream, which deeply rooted in Russian imperial history and discusses about the importance of Eurasian philosophy for the political and economic stability of Russia-Eurasia. The paper also illustrates about the challenges and opportunities for the Eurasian integration and for the establishment of multipolar world order. Moreover, the paper also briefly outlines the geopolitical rationale behind the Eurasian project as key objective of the contemporary Russian foreign policy and geopolitics.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41379145","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}
RechtsideePub Date : 2020-07-01DOI: 10.21070/jihr.2020.6.645
Fradhana Putra Disantara
{"title":"The Legitimacy of Circular Letter in Handling COVID-19 Pandemic","authors":"Fradhana Putra Disantara","doi":"10.21070/jihr.2020.6.645","DOIUrl":"https://doi.org/10.21070/jihr.2020.6.645","url":null,"abstract":"The purpose of this legal research is to analyze the relevance of the discretion of government officials during the COVID-19 pandemic with the concepts and legislation related to legal issues; as well as analyzing the existence of a Circular to legitimize the handling of COVID-19 with statutory regulations. This legal research is carried out by making an inventory of various primary and secondary legal materials, so as to obtain relevant and critical studies of the legal issues discussed. The results of this legal research are that the discretion made by government officials can be justified legally if it is relevant to several provisions contained in legislation for the realization of good emergency governance; and the existence of a circular letter is legally valid if it is in accordance with the laws and regulations and the General Principles of Good Governance, by understanding that a circular is not a product of rules that are in the order of national legislation. Thus, a circular does not have strong and binding legal legitimacy. Therefore, the researcher recommends the criteria and classification of the parameters of discretion in the form of a circular as outlined in the form of a Supreme Court Regulation. This should be done so that there is no abuse of authority in implementing discretionary power by government officials and general legal principles.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48824993","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}
RechtsideePub Date : 2020-06-10DOI: 10.21070/JIHR.2020.6.358
L. Cecilia, Maureen Cornellia David
{"title":"Law Student's Legal Attitude Towards Campus' Smoking Ban Policy","authors":"L. Cecilia, Maureen Cornellia David","doi":"10.21070/JIHR.2020.6.358","DOIUrl":"https://doi.org/10.21070/JIHR.2020.6.358","url":null,"abstract":"Cigarettes is a major national issue, especially amongst University students. An estimated 3.3 million votary will die of lung related diseases. This study discusses the law against students in the University Environment. The analysis was carried out using descriptive conceptual dams from KTR policies applied from each tertiary institution. The participating factors were the commitment of the local government, binding law enforcement, written restrictions on a place, positive support from the education sector and the active role of campus organizations. In addition, this journal was submitted to discuss students' opinions about the smoking ban in the campus environment and the number of cigarettes spent on each expenditure as well as the psychological effects obtained after smoking.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48029681","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}
RechtsideePub Date : 2020-01-10DOI: 10.21070/jihr.v6i1.90
Citraresmi Widoretno Putri
{"title":"A Review on Administrative Justice Competencies in France","authors":"Citraresmi Widoretno Putri","doi":"10.21070/jihr.v6i1.90","DOIUrl":"https://doi.org/10.21070/jihr.v6i1.90","url":null,"abstract":"The Indonesian justice system is closer to the French justice system, both general and administrative justice, with its \"droits administrative regime\". In addition, it is recognized that administrative justice in France is already well-established, so it has become a model for other countries. Therefore, the author tries to conduct normative legal research related to the Absolute Competence of Administrative Justice in France. This is certainly very different from the results of previous research and writings that examine the Study of State Administrative Courts based on the paradigm of Law Number 30 Year 2014 on Government Administration then research on the Absolute Study of State Administrative Courts in the Assessment of the Abuse of Authority, there is also research on Implications of Limiting the Absolute Competence of State Administrative Court, Reformulation of Unlawful Acts by Government Agencies or Officials in the Context of Absolute Competence in State Administrative Court and the Element of Abusing Authority in Corruption Crimes as Absolute Competence of Administrative Justice. The entire previous article is examining the Absolute Competence of Administrative Justice in Indonesia alone and its development while this paper contains the novelty of the elements that examine the history of law relating to the Absolute Competence of Administrative Justice in France. The conclusion is that France adheres to the dualite de la jurisdiction or duality of jurisdiction system. Administrative justice aims and ends at Conseil d'Etat besides general court comes from and aims at the Cour de Cassation (Supreme Court).","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42330929","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}
RechtsideePub Date : 2019-12-10DOI: 10.21070/RECHTSIDEE.2019.6.77
R. Pratama, Bayu Prasetyo
{"title":"Challenges in Applying Night Work Norms in Indonesia","authors":"R. Pratama, Bayu Prasetyo","doi":"10.21070/RECHTSIDEE.2019.6.77","DOIUrl":"https://doi.org/10.21070/RECHTSIDEE.2019.6.77","url":null,"abstract":"Everyone has the right to have and determine the desired work, get a fair treat and get a decent wage, it is governed by the Constitution of the Republic of Indonesia. In general, working in the morning until evening, but there is also work carried out at night. The lawmakers pay special attention to the execution of work at night by providing a number of excusive rights as part of legal protection for workers. This research aims to determine the opportunities and challenges of applying the night work norms based Law No. 13 of 2003 on legal systems through legal substance, legal structure and legal culture analysis in the field of employment. TThe results of the research are in several Indonesian Regions there are still similar challenges regarding the implementation of night work norms. The authors also assess there are a number of opportunities for improvement in order for nighttime work norms to run well.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44962328","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}
RechtsideePub Date : 2019-12-07DOI: 10.21070/jihr.2019.6.74
N. Widiasih
{"title":"Anonymity in the Action of Cyber Bullying","authors":"N. Widiasih","doi":"10.21070/jihr.2019.6.74","DOIUrl":"https://doi.org/10.21070/jihr.2019.6.74","url":null,"abstract":"The emergence of cyber bullying is caused by the advancement of information technology that has led to various social networking sites that have an impact on increasing usage internet which leads to violations of social norms. This study aims to identify the role of an anonymous account in criminal acts of cyber bullying, and how to avoid it. The method using in this research is conceptual approach. The characteristics of anonymity in cyber bullying are very important to watch out for, actors in cyber bullying who use anonymous accounts are very difficult to detect, so cyber bullying becomes very dangerous if left unchecked. The result of this study shown, that the anonymity only want to be treated the same or also conceal their identities because they want the forum to only look at what they wrote, not who wrote it. Concealment of identity is done intentionally, but with different reasons. Anonymity becomes very dangerous if used by parties who are not responsible for doing the crime. The role of anonymity in cyber bullying is used by actors to protect their true identities in smoothing out their crimes. Legal protection against anonymity can be done, Indonesia is a rule by law that protects its citizens from the state and citizens other.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49403462","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}
RechtsideePub Date : 2019-12-07DOI: 10.21070/rechtsidee.2019.7.73
Hariansi Panimba Sampebulu
{"title":"Abortion: A Review on Indonesia Regulations","authors":"Hariansi Panimba Sampebulu","doi":"10.21070/rechtsidee.2019.7.73","DOIUrl":"https://doi.org/10.21070/rechtsidee.2019.7.73","url":null,"abstract":"The position of women in legal construction in Indonesia today is still difficult to adjust to the circumstances that occur, especially in terms of equality issues. The abortion that has been a problem for so long time, being discussed because of the rules that are considered not in accordance with the existing rules, and the amount of pressure from various things. Law and Women are always placed in objects that are not neutral, especially in terms of discussing reproductive health. The government and legislation feel that they have a stake in integrating reproductive health owned by women. It is the position of women in the law that gives rise to many struggle movements and the diffusion of feminism in Indonesia. The rules of Article 31 paragraph 1 and 2 of Government Regulation Number 61 of 2014 which regulate safe abortion need to be more attention and safeguarded, so that a woman has the right to be based on herself. ","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42736831","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}
RechtsideePub Date : 2019-12-05DOI: 10.21070/jihr.2019.6.69
Bambang Sugeng Ariadi Subagyono, A. Hernoko, Zahry Vandawati Chumaida
{"title":"A Comparative Study on Automatic Financial Exchange between Indonesia and Malaysia","authors":"Bambang Sugeng Ariadi Subagyono, A. Hernoko, Zahry Vandawati Chumaida","doi":"10.21070/jihr.2019.6.69","DOIUrl":"https://doi.org/10.21070/jihr.2019.6.69","url":null,"abstract":"Taxpayer data and information from banking and finance institution could be guidance on any development. Therefore, it could be a corrective act to do the law enforcement on increasing Inland Revenue. Financial information exchange regarded to tax interests, besides by demanding way also could automatically way done (Automatic Exchange of Financial Account Information/AEol). Indonesia commitment was manifested by Multilateral Competent Authority Agreement signed after AEOI on 3rd June 2015. Indonesia agreed to start the financial information exchange automatically on September 2018. The followed-up Indonesia government commitment was on 8th May 2017. It had approved the financial information access no.1 2017 legislations as to tax interests. Then, one year later was set to be no.9 2017 legislations.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45132597","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}
RechtsideePub Date : 2019-12-05DOI: 10.21070/jihr.v6i1.71
R. Rizka
{"title":"E-Commerce Road Map as a Legal Protection for Consumers in The Digital Economic Era","authors":"R. Rizka","doi":"10.21070/jihr.v6i1.71","DOIUrl":"https://doi.org/10.21070/jihr.v6i1.71","url":null,"abstract":"Digitalization of the economic field to welcome the era of industrial revolution 4.0 needs to be addressed intelligently so it is not harm the consumers and business actors through the transformation of consumer protection instruments into a more contemporary way. Currently, Indonesia has about 93.4 million Internet users and approximately 71 million users of smart phones which makes the internet and of course online transactions, as part of a lifestyle that is reflected through shopping behavior. The task of the State is to bring legal protection to consumers. Based on the consideration of actuality and urgency, to create the necessary level of certainty in business transactions and protect the consumer rights of e-commerce transactions the Government finally issued Presidential Regulation No. 74 of 2017. This regulation regulates the Electronic Road Based Electronic System Road Map (road map e-commerce). The Policy Package is intended to make Indonesia the largest digital economy in Southeast Asia by 2020. Legal umbrella is required in the form of law so that the state can provide a simultaneous and comprehensive legal protection of consumer rights in e-commerce transactions in the era of digital economy.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47169151","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}
RechtsideePub Date : 2019-12-05DOI: 10.21070/jihr.v6i1.78
Mohammed Bashir Abubakar
{"title":"Leadership and Governance: A Case of Cattle Rustling as a Security Threat in Nigeria","authors":"Mohammed Bashir Abubakar","doi":"10.21070/jihr.v6i1.78","DOIUrl":"https://doi.org/10.21070/jihr.v6i1.78","url":null,"abstract":"Since the beginning of this political dispensation, Nigeria has suffered a lot from bad leadership with most of its leaders not concentrating on the welfare and security of its citizens because of corruption. Poor leadership undermines the legitimacy of democratic values and tolerance from the leaders and other stakeholders. However, the link between leadership and security challenges in Nigeria was analysed. Qualitative method of data collection was adopted, and secondary data was used. The paper found that cattle rustling as a security threat Nigeria was a product of bad leadership in Nigeria. The paper concludes that, until good leadership devoid of corruption, religious and ethnic interest is put in place, transparency and accountability in all aspect of governance is maintained, cattle rustling will be the order of the day. \u0000 ","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45519435","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}