Rechtsnormen Journal of Law最新文献

{"title":"The Position of Judges in the Indonesian Legal Idea","authors":"Moh. Mujibur Rohman, Elladdadi Mark, Kailie Maharjan","doi":"10.55849/rjl.v1i2.392","DOIUrl":"https://doi.org/10.55849/rjl.v1i2.392","url":null,"abstract":"Background. Judges are state judicial officials authorized by law to adjudicate. The role of judges is very important in the judicial order in Indonesia.\u0000Purpose. As we know, the Indonesian government system adheres to the trias politica, namely the legislative body as the legislator in this case the DPR, the executive body, namely the government and its cabinet and finally the judicial body, namely the judiciary.\u0000Method. The writing of this article cannot be separated from the name of the research method, because in scientific writing the method is a necessity which is the perfect and effective condition of a research result\u0000Results. In addition to the government system, the Indonesian legal system is known to follow the European-Continental legal system where the law will be based on the law or what is known as \"law in book\". Legal issues that are increasingly complex corner the enforcers of justice (read judges) are hit by many problems that are often not found in the law. Judges who must decide based on the law and on the other hand they cannot be absent from their profession in adjudicating, however they must decide for the sake of justice and human truth.\u0000Conclusion. In this article, the author seeks to explain the position of judges in finding law by writing articles using a qualitative and normative (doctrinal) approach as a type of research.","PeriodicalId":349644,"journal":{"name":"Rechtsnormen Journal of Law","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122242123","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}

{"title":"Analysis of Legal Capacity in Marriage Dispensation Applications Filed by Bridegroom Candidate","authors":"Rasikh Adila, Aprina Chintya","doi":"10.55849/rjl.v1i3.371","DOIUrl":"https://doi.org/10.55849/rjl.v1i3.371","url":null,"abstract":"Background. The filing of a case with the court must be done by a person who is legally competent and has legal standing for the case being filed. This legal capacity is related to the age of majority or maturity, as regulated in Article 330 BW.\u0000Purpose. This study aims to analyze the legal competence in an application for dispensation of marriage submitted by the bride-to-be herself as the applicant. This research uses a qualitative method with a descriptive analysis approach.\u0000Method. The type of research used is empirical normative legal research (applied legal research). This research uses secondary data with documentation data collection techniques. The document used in this research is the Decision of the Purwodadi Religious Court Number 198/Pdt.P/2018/PA.Pwd. The data analysis technique in this research is content analysis technique.\u0000Results. From this study, it was found that although in decision number 198/Pdt.P/2018/PA.Pwd the child can act as an applicant in a marriage dispensation case, Article 6 of Perma Number 5 of 2019 concerning Guidelines for Adjudicating Marriage Dispensation Applications has closed this opportunity so that when a child who is getting married is not old enough and does not have a parent or guardian, he cannot apply for marriage dispensation to the court.\u0000Conclusion. Based on the results of the above research, it can be concluded that civil legal capacity means a person's ability to perform legal acts and therefore be accountable for the legal consequences.","PeriodicalId":349644,"journal":{"name":"Rechtsnormen Journal of Law","volume":"129 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124239247","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}

{"title":"Understanding the Extent of Doctor’s Liability in Medical Disputes","authors":"Bella Agatha Fernando R, Budiarsih Budiarsih","doi":"10.55849/rjl.v1i3.348","DOIUrl":"https://doi.org/10.55849/rjl.v1i3.348","url":null,"abstract":"Background.  In order to protect themselves from the possibility of being arrested and subjected to criminal penalties, doctors developed defensive medicine, which is currently being widely applied by many doctors. This is motivated by a situation where the patient is dissatisfied with the results of the medical action that has been carried out and complains about this to the police and some patients often do not want to use the mediation first, then cases like this will end up in court. \u0000Purpose. The purpose of this research is to explain how responsibility is imposed on doctors for medical disputes and violations that occur to patients. \u0000Method. This type of research is normative, the writer also uses statute approach and conceptual approach to analyze the issue. \u0000Results. Based on the background problems, the results obtained from this research are that a doctor who has carried out their duties in accordance with professional standards, service standards, and standard operating procedures is entitled to legal protection. \u0000Conclusion. An action can be said to be malpractice if an element of negligence is found in the medical action, whereas in medical risk there is no element of negligence. That if a mistake cannot be found, the doctor cannot be held responsible.","PeriodicalId":349644,"journal":{"name":"Rechtsnormen Journal of Law","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126370942","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}

{"title":"Criminal Sanctions Against Money Laundering Crimes in the Perspective of Economic Analysis of Law","authors":"Fauzi Yunandi, Arrum Budi Leksono","doi":"10.55849/rjl.v1i2.391","DOIUrl":"https://doi.org/10.55849/rjl.v1i2.391","url":null,"abstract":"Background. Money laundering as a crime in the economic sphere shows that crime is a consequence of economic activity and sustainable development, which is a challenge for the state. Money laundering is the disguise or attempt to disguise the origin of profits from illegal or legitimate activities.\u0000Purpose. The purpose of this research is to analyze the money laundering law \"criminal sanctions against money laundering crimes\" from the point of view of economic analysis.\u0000Method. The research was carried out using a normative juridical approach and an empirical approach. The data used in this study were secondary data obtained from library materials, and field research was carried out by observation and interviews (interviews). The data obtained were analyzed qualitatively and juridically and deductively concluded.\u0000Results. The use of Bitcoin as a money laundering tool is rapidly increasing worldwide with the development of technology and Industry 4.0, according to Dean Ediana Ray, Director of the Financial Transaction Reports and Analysis Center (PPATK). In Indonesia, money laundering was initially regulated under Law No. 8 of 2010 on the Prevention and Eradication of Money Laundering.\u0000Conclusion. The normative legal approach focuses on analyzing legal normative systems such as principles, norms, legal rules, court decisions and principles.","PeriodicalId":349644,"journal":{"name":"Rechtsnormen Journal of Law","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115789797","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}

{"title":"Juridical Review of Minimum Service Standards at Manggarai Station","authors":"Dhina Setyo Oktaria, Guilin Xie, Deng Jiao, Yuanyuan Wang","doi":"10.55849/rjl.v1i2.375","DOIUrl":"https://doi.org/10.55849/rjl.v1i2.375","url":null,"abstract":"Background. Manggarai Station is a large type A train station which is the busiest station. Manggarai Station is under construction and is divided into several stages. As a result of the change in the transit route, it causes passenger discomfort, which is poured on social media.\u0000Purpose. This study aims to evaluate the station's performance on changes in the transit route for train travel via the Manggarai station for passengers by the provisions of the applicable regulations.\u0000Method. The method used in this research is an empirical legal research study, which is a type of research study that seeks data directly from the field or looks at law in a real sense and studies how the law works in society.33 of 2011 Types, Classes, and Activities at Railway Stations and PM No 63 of 2019 concerning Minimum Service Standards for the Transport of People by Train.\u0000Results. The results obtained based on previous research with Importance Performance Analysis still show passenger dissatisfaction, and according to laws and regulations, the public as users of transportation services have the right to submit input related to rail transportation so that PT KCI can provide minimum service standards at stations consisting of security and safety, accurate information, ticket sales services, good condition of station facilities, accessibility, assistance and complaint services.\u0000Conclusion. In Ministerial Regulation No. 63 of 2019 concerning Minimum Service Standards for the Transport of People by Train, PT KCI is responsible for KRL passengers at the Manggarai train station and while traveling on the train. This research only discusses the responsibility of PT KCI in providing minimum service standards at manggarai station.","PeriodicalId":349644,"journal":{"name":"Rechtsnormen Journal of Law","volume":"460 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125807075","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}

{"title":"Implementation of Ta'awun and Sadd Dzari'ah concepts in Mutabarok Bunda Sejahtera Financing at PT. BPRS Magetan","authors":"Wedi Pratanto Rahayu, Muammar Al Fikri, Guijiao Zou, Lie Jie, Jixiong Cai","doi":"10.55849/rjl.v1i2.346","DOIUrl":"https://doi.org/10.55849/rjl.v1i2.346","url":null,"abstract":"Background. The importance of conducting this research is because the function and role of Islamic banks does not only solves the capital needs of society, but the practice is in accordance with the constitution and to realize the benefit of society. As contained in this Mutabarok Bunda Sejahtera financing. This financing is not only a solution to the capital needs of small traders but also applies the concept of ta’awun and sadd dzari’ah.\u0000Purpose. This research aims to know the implementation of the concept of ta’awun and sadd dzari’ah in the practice of Mutabarok Bunda Sejahtera financing at PT BPRS Magetan.\u0000Method. The type of research used in this research is a type of qualitative research, namely research that explores the implementation of a concept applied in the field, namely the implementation of the concept of ta'awun and sadd dzari'ah in Mutabarok Bunda Sejahtera Financing at PT.\u0000Results. PT BPRS Magetan is one of the banks in the form of a Limited Liability Company in Magetan Regency, East Java Province, which is based on a sharia system with the largest shares owned by the Magetan Regency Government.\u0000Conclusion. Its existence is very helpful to the economy of the people of Magetan Regency, through the activities of raising funds and channeling funds, so that the rotation of the economy of the community can run.","PeriodicalId":349644,"journal":{"name":"Rechtsnormen Journal of Law","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132349186","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}

{"title":"Determination of Custody Rights (Hadhanah) for Children Who Are Not Yet Mumayiz to the Father","authors":"Asantia Puspita Rohmah, Prahasti Suyaman, Asti Sri Mulyanti","doi":"10.55849/rjl.v1i2.307","DOIUrl":"https://doi.org/10.55849/rjl.v1i2.307","url":null,"abstract":"Background. One of the legal consequences of the breakdown of marriage due to divorce is the custody of children, which in fiqh literature is called Hadhanah.\u0000Purpose. The purpose of this paper is to: (a) provide information on the distribution of hadhanah rights to fathers for children who are not yet Mumayiz due to divorce.\u0000Method. The research method used in this research is a qualitative method with the type of normative juridical research based on primary and secondary legal materials, namely research that refers to the norms contained in the legislation. Hadhanah is a right that must be fulfilled by adults who are required to take care of the needs of a child including providing education and support to children who are not old enough.\u0000Results. The results of this study indicate that hadhanah in Islamic law prioritizes the best interests of the child. This is in accordance with the basic principles of Islamic law (found in the Qur'an and Hadith), which state that children have inherent rights in relation to both parents. Likewise, it is used in positive law in Indonesia. Parental authority over children after divorce according to the provisions of the two laws (Islamic Law and Indonesian Positive Law) is in line. Both divorced parents must continue to fulfill their children's hadhanah in accordance with the rights of children in the Child Protection Law, namely, the rights to life, growth, protection and participation.\u0000Conclusion. Therefore, when a divorce occurs, it will have certain legal consequences, especially the issue of Hadhanah (child custody). Hadhanah itself in fiqh terms is used two words but intended for the same purpose, namely Kafalah and Hadhanah. what is meant by Hadhanah or Kafalah in a simple sense is 'Maintenance or 'Care.","PeriodicalId":349644,"journal":{"name":"Rechtsnormen Journal of Law","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127002695","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}

{"title":"Legal Analysis of Cryptocurency Utilization in Indonesia","authors":"Wira Agustian Tri Haryanto, Muhammad Irayadi, A. Wahyudi","doi":"10.55849/rjl.v1i2.390","DOIUrl":"https://doi.org/10.55849/rjl.v1i2.390","url":null,"abstract":"Background. Bitcoin is the world's first digital currency that uses the concept of Cryptocurrency, which is a digital asset designed as a medium of exchange using cryptographic techniques to secure transactions and control the administration of its currency units that are likely to continue to grow in the future. Based on Law No. 7 of 2011 on Currency or cryptocurrencies, Bitcoin cannot be considered as legal tender in Indonesia.\u0000Purpose. It is said to be a means of payment because the means of payment in Indonesia is the Rupiah, but based on the Regulation of the Minister of Trade of the Republic of Indonesia Number 99 of 2019, crypto assets are one of the commodities that can be used as the subject of futures contracts traded on futures exchanges.\u0000Method. his research uses a statute approach. In addition, a case approach is also used to find out the ratio decidendi used by the Constitutional Court judges in deciding cases of judicial review of laws related to indigenous peoples.\u0000Results. This type of research is normative juridical research. The nature of research in this research is descriptive analytical. The type of data used in this research is library research. The validity of crypto asset transactions based on Indonesian contract law which refers to the Civil Code is valid because it fulfills the terms of the agreement in article 1320 of the Civil Code and is supported by the principles contained in the Civil Code itself, including the principle of freedom of contract, the principle of consensualism, the principle of pacta sunt servanda, and the principle of good faith. Therefore, crypto asset transactions are also legalized according to Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) because crypto asset transactions are carried out online through the internet network.\u0000Conclusion. The Indonesian government then compiled several rules to accommodate interests as guidelines and clarity for the public regarding the government's recognition of the existence of bitcoin and virtual currencies, namely through the policy of the Minister of Trade of the Republic of Indonesia Number 99 of 2019, and based on the rules of the Bappebti Regulation Number 5 of 2019 concerning Technical Provisions for the Implementation of the Crypto Asset Physical Market on the Futures Exchange.","PeriodicalId":349644,"journal":{"name":"Rechtsnormen Journal of Law","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131537835","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}

{"title":"Transitional Justice: What are the Reality and its Concept?","authors":"M. Idris, A. Razak","doi":"10.55849/rjl.v1i1.297","DOIUrl":"https://doi.org/10.55849/rjl.v1i1.297","url":null,"abstract":"Background. Transitional justice is an important framework that addresses the ongoing impact of human rights violations and systemic injustice during significant political transitions.\u0000Purpose. From the results of this study, it was found that the reality or facts that exist in transitional justice have several existing challenges, besides that there are also several ideal concepts in implementing transitional justice.\u0000Method. This research examines the reality and the actual concept of Transitional Justice. In fixing the problem, the researcher uses normative (doctrine) research methods with library data sources as secondary data.\u0000Results. includes a comprehensive, victim-centered, and transformative approach. The advice obtained for this research is that it is important to find innovative solutions and involve all stakeholders.\u0000Conclusion. includes a comprehensive, victim-centered, and transformative approach. The advice obtained for this research is that it is important to find innovative solutions and involve all stakeholders.\u0000 ","PeriodicalId":349644,"journal":{"name":"Rechtsnormen Journal of Law","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127088510","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}

{"title":"Legal Politics of Holding the 2024 Elections the Absolute and Ideal and Constitutional","authors":"Muhammad Zulhidayat, Rosi Mirnawati, Amina Intes, Uwe Barroso, Elladdadi Mark","doi":"10.55849/rjl.v1i1.313","DOIUrl":"https://doi.org/10.55849/rjl.v1i1.313","url":null,"abstract":"Background. The holding of simultaneous elections on April 17 2019 is a new history in the general election process in Indonesia. This is an implication of the Constitutional Court Decision Number 14/PUU/2013 in the case of reviewing Law Number 42 of 2008 concerning the General Election of the President and Vice President. Even though the simultaneous elections have been judged to be better than the previous elections, it does not mean that they do not have deficiencies in their implementation.\u0000Purpose. The most shocking problem was the large number of fatalities by election organizers which were considered to be the impact of the 2019 simultaneous election and other technical problems.\u0000Method. Looking at the various sides that emerged from the 2019 elections, the Association for Elections and Democracy (Perludem) conducted a judicial review of the 1945 Constitution to the Constitutional Court as outlined in the Constitutional Court Decision Number 55/PUU-XVII/2019.\u0000Results. In his argument, the applicant conveyed a number of things related to the analysis that had been carried out in the implementation of the simultaneous elections which were held in 2019 yesterday. In the results of this decision, the Constitutional Court reject the applicant's application in its entirety because it is considered that the application has no legal grounds.\u0000Conclusion. However, the Constitutional Court provided options related to simultaneous election models that can be selected and considered constitutional based on the 1945 Constitution.\u0000 ","PeriodicalId":349644,"journal":{"name":"Rechtsnormen Journal of Law","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114634588","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}