176 research outputs found
Sort by
The Crime of Rape and Sexual Violence against Women in Nigeria: A Comparison with Other Common Law Countries: Kejahatan Pemerkosaan dan Kekerasan Seksual terhadap Perempuan di Nigeria: Perbandingan dengan Negara-negara Common Law Lainnya
No full textThis discourse is a comprehensive look at the offence of “rape” as a legal concept, taking into consideration, the premodial, mythical and legal beliefs and meanings associated therewith. It analysed recent statutory changes and developments in this area of the law, particularly under the English common law in contradistinction from the almost static provisions of some African penal statutes relating to the offence of rape. The propelling aim was to appreciate the difficulties associated with efforts to convict persons accused of committing the offence of rape and the legality of calling in aid corroboration in amelioration of these difficulties. It was observed that, the statutory ingredients of the offence do not accommodate such a practice. It became significant that the myths and traditional beliefs surrounding the claim of an alleged victim of rape imported the burden of a rebuttal on the accused. It was observed that sympathy on the part of the courts for alleged rape victims sway their decisions in favour of such victims. This emotional consideration by the courts may have informed he demand for corroborative evidence to seal all escape routes for the accused even when not statutorily provided for. Absence of corroborative evidence may on the reverse, favour the accused though the prosecutrix may concoct one to secure conviction. It was concluded that rape cases should be determined on the basis of the dry provisions of the relevant penal statutes devoid of extraneous considerations, such as corroboration
Dispute Settlement Patterns on The Village Chief Election In Indonesia (Lumajang Regency): Pola Penyelesaian Sengketa Pemilihan Kepala Desa Di Indonesia (Kabupaten Lumajang)
No full textIn the year of 2013, Lumajang Regency carries out 159 village chief election (Pilkades). There are 4 disputes of Pilkades, and all about voice counting result of Pilkades. Local Regulation No. 24 year 2006 and Local Regulation No. 6 year 2012 do not state any matter of dispute in village headman election and mechanism of solution, but Local Government Regulation determines Watchdog Committee in the level of sub-district and Team of Village Governance Issues Completion in the level of District. Watchdog committee conducts supervision by preventive and repressive act. Supervision is done through preventive act in the form of communications and socialization to the village officer, Village Consultative Council (BPD), and Pilkades Committee about the importance of honest, fair and democratic Pilkades. Meanwhile, supervision is conducted through repressive act by facilitating the parties if dispute happened. As the result, committee executes the monitoring well, proven from 159 Pilkades, there was only 4 disputes, three among others can be resolved in non litigation process. Existence of Watchdog Committee is supported by the availability of budget coming from help of region budget (APBD) that is packed into village budget (APBDes), Rp.2.000.000 for every Pilkades
Constitutionality Degree of Indonesia Local Regulation in Political Law Perspective: Derajat Konstitusionalitas Perda Indonesia dalam Perspektif Politik Hukum
No full textThe Politics of Law holds responsibility to give the surety of all regulations, including Local Regulation, for capable of reflecting the collective will of the public as the owner of the highest sovereignty. Politics of law is always working to bring together the ius constituendum and ius constitutum at the encounter between realism and idealism. Local Regulation as subsystems of national law, is expected to serve as a guiding instrument and guard direction for development and continuous improvement of Local Government. Therefore the existence of local regulations holds a strategic role for legal certainty, which is a necessary to create a conducive business climate and stability of the country
The Development of Murabaha in Indonesian Islamic Banks: Perkembangan Murabahah di Bank Umum Syariah Indonesia
No full textOver the last few years, Islamic trading transaction has become more popular in Indonesia. Retail trade in Islamic banks for an example. There are many Islamic banks in Indonesia that provide alternative business transactions and halal product in retail trade to the public based on Islamic law, but Islamic banks must obey not only the origins of Islamic law, such as the Holy Qur’an and the Sunnah but also Islamic principle in terms of the prohibition of uncertainty, interest and gambling when they run their business in retail trade. One of the agreements in retail trade is Murabaha which involves several possible structures, notably direct trading, company (seller) purchases via an agent or a third party and murabaha via the customer as an Agent. However, there are several contemporary issues, particularly Murabaha via Shares and executing time of Murabaha that still need to be discussed whether they disobey Islamic law and basic Islamic principles or not. 
The Pivotal Role of a Lawyer in Combating Official Corruption in Nigeria: Peran Penting Pengacara dalam Memerangi Korupsi Pejabat di Nigeria
No full textNigeria is ranked internationally as one of the most corrupt nations in the world. As embarrassing as this status is, it is indeed the reality of our situation. The general public and now even the executive arm of the Federal government have continued to question how members of the legal profession discharge their role in applying the law because they have absolute belief in the law as their protection against the tendencies that are depriving them of their well being, dehumanizing them and even threatening the existence of their country, they waited for the law to respond to these tendencies by putting them in check, stop them completely or control them, they have watched helplessly the inability of law to effectively respond to these tendencies and have watched the tendencies continue unabated and escalated into the conditions we found ourselves today The purpose of this paper is to examine the role of lawyers as Judges, as Prosecutors and defence Attorneys in promoting and encouraging corruption in our body politics. It further examines in contrast the role lawyers should play in the renewed fight against corruption. Lawyers as agents of social change should be in the vanguard for the reorientation of the mind set of Nigerian in the renewed fight against corruption and social rebirth generally. To effectively play this role members of the legal profession must purge themselves of corrupt tendencies and must be seen to be above board
Labour Rights Protection in Industrial Relations Issues: Perlindungan Hak Tenaga Kerja dalam Masalah Hubungan Industrial
Full text linkMany violations of the terms of employment at Surabaya, employment protection and working conditions for workers who are not provided by employers to the maximum, according to the legislation in force, while the legal protection for workers constrained because of the weakness in the system of employment law, both the substance and the culture built by governments and companies. How To Cite: Susanto, E. (2015). Labour Rights Protection in Industrial Relations Issues. Rechtsidee, 2(2), 109-120. doi:http://dx.doi.org/10.21070/jihr.v2i2.7
Financial Village Standing in Indonesian Financial System: Berdirinya Desa Finansial dalam Sistem Keuangan Indonesia
Full text linkFinancial resources of the village that are sourced from a country or a Regional Finance Financial based Law Number 6 Year 2014 of The Village is the mandate of the law that must be allocated to the village. The interconnectedness of the financial position of the village in the financial system of the country or Region concerned the Financial administrative and territorial relations, and there is no setting directly regarding the finances of the village as part of the financial system of the country or the financial area. In respect of the elements of the crime of corruption deeds against financial irregularities of the village there are still disagreements on the interpretation of the law in trapping the perpetrators of corruption on the village chief that implies not satisfy the principle of legality and legal certainty in the ruling of the matter of financial irregularities. In fact, many of the village chief or Councilor caught the criminal offence of corruption over the use of financial irregularities. This research analyzes How the financial position of the village in the financial system of the country or region, as well as whether the financial resources of the village is derived from the state budget or region budget managed in village budget belongs to the category of village finances and whether tort against the financial management of the village can be categorized as a criminal act corruption. 
Regional Legal Assistance: Bantuan Hukum Daerah
Full text linkLegal aid policy in the area carried out on several considerations including: Implementation of the authority given to the legal aid act, granting the guarantee and protection of access to justice and equality before the law in the area, equitable distribution of justice and increase public awareness and understanding of the law, and legal implications that accompanied the emergence of the right to legal counsel without pay and the right to choose the legal settlement. How To Cite Fatah, A. (2015). Regional Legal Assistance. Rechtsidee, 2(1), 1-10. doi:http://dx.doi.org/10.21070/jihr.v2i1.
Law Enforcement Criminal Acts of Corruption in The Perspective of Human Rights: Penegakan Hukum Tindak Pidana Korupsi Dalam Perspektif Hak Asasi Manusia
Full text linkThe overall impact of the acts of corruption according to criminology science, certainly can happen due to two things, namely the first due to the intent or in the science of law is referred to as the evil inner attitude (Mens Rea), and the second because of an opportunity to do evil deeds (Actus Reus). Actus Reus and Mens Rea are an essential element of a crime. The eradication of corruption and the efforts of promoting and fulfilling human rights are not simply left to the elite rulers, because frequently they are more corrupt and oppressive. Corruption eradication efforts can be maximized, while a simultaneous awareness of the Government and people of the importance of protecting, fulfill, maintain, and promote human rights, then it is not impossible that Indonesia becomes a prosperous country, given the authorized capital of development in this country has been in existence since ancient times which is a priceless grace of God Almighty. How To Cite: Ansori, A. (2015). Law Enforcement Criminal Acts of Corruption in The Perspective of Human Rights. Rechtsidee, 2(2), 79-108. doi:http://dx.doi.org/10.21070/jihr.v2i2.8
Law Enforcement of Cyber Terorism in Indonesia: Penegakan Hukum Terorisme Cyber di Indonesia
Full text linkCyber terrorism is one of the category of crimes that cross border organized and has been established as an extraordinary crime. This crime is becoming a serious threat to countries in the world. In this regard, the Government's attitude of firmness needed to enforce cyber laws against the freedom development in social media. The development of the immeasurable it in the country of Indonesia required the limitations by doing legal liability over the behavior of law which deviates towards the use of technology tools. Strict law enforcement efforts as a clear attitude to stop actively moving massive terrorism, by enacting the provisions of the law on information and electronic transactions as well as the law of terrorism effectively. How To Cite: Astuti, S. (2015). Law Enforcement of Cyber Terorism in Indonesia. Rechtsidee, 2(2), 157-178. doi:http://dx.doi.org/10.21070/jihr.v2i2.8