176 research outputs found
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Problematic MPR Decree Post Reform and After The Issuance of Law No. 12 of 2011: Ketetapan MPR Bermasalah Pasca Reformasi dan Pasca Terbitnya UU No. 12 Tahun 2011
Full text linkThe existence of Tap. MPR Post 1945 Amandement to the issuance of Law No. 12 of 2011 has given an opportunity for the Assembly to create a new Tap. MPR outside from the valid one. At the time how judicial review of laws that conflict with the Tap. MPR, and how judicial review of the Tap. MPR are contrary to the Constitution is necessary to realize justice and balance. One of the powers of the Constitutional Court (MK) in paragraph C of Article 24 (1) Constitution of 1945 is hear at the first and the last with a final decision to the laws of Constitution. So if there are laws that conflict with the MPR or MPR and contrary to the Constitution, the authority to test the authority of the Constitutional Court instead. How To Cite: Wijaya, S. (2015). Problematic MPR Decree Post Reform and After The Issuance of Law No. 12 of 2011. Rechtsidee, 2(1), 53-64. doi:http://dx.doi.org/10.21070/jihr.v2i1.
The Importance of Employment Contract for Umsida Quality Employees Improvement: Pentingnya Kontrak Kerja Bagi Peningkatan Kualitas Pegawai Umsida
Full text linkThe absence of employment contracts in UMSIDA recognized cause some problems. Especially in improving the performance of employees. Issues a little more disturbing harmonious labor relations between employees and UMSIDA. In the terminology of the Labour Act, employment contract terms it is known as the Employment Agreement. Where the existence of labor agreement / contract employment is expected to harmonize the working relationship with the employer in accordance with the applicable rules. The existence of employment contracts is also a legal instrument which according to researchers ought to be put forward in efforts to increase the qualifications and competence of employees. By contract it will also avoid things that are not desirable in an employment relationship, because each party will always carry out their rights and responsibilities are aligned and balanced. Tranquility in the work and the guarantee of legal protection are expected to improve employee performance especially towards quality UMSIDA 2020. So this study explored further the urgency employment contract once its design. How To Cite: Mediawati, N., & Phahlevy, R. (2015). The Importance of Employment Contract for Umsida Quality Employees Improvement. Rechtsidee, 2(2), 141-156. doi:http://dx.doi.org/10.21070/jihr.v2i2.10
Labour Rights Protection of Foreign Workers After Enactment of Law Number 6 of 2012 in Sidoarjo Regency: Perlindungan Hak Tenaga Kerja Tenaga Kerja Asing Pasca Berlakunya Undang-Undang Nomor 6 Tahun 2012 di Kabupaten Sidoarjo
Full text linkEnactment of Law No. 6 of 2012 on the Ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, is a manifestation of the government's efforts in human rights, and also the Indonesian government protection measures against the presence of migrant workers in overseas. However, with the passing of this Law, the Government also has an obligation to protect the Foreign Workers who are in Indonesia, to protect their rights as contained in the convention. Sidoarjo Regency is one of the districts with a population of Foreign Workers pretty much in East Java, so Sidoarjo considered to represent ideal conditions most of the local government in Indonesia in terms of a form of protection against TKA after the enactment of Law No. 6 of 2012. This normative law research was supported by primary data sourced from the Social Service Workers at Sidoarjo Regency. Based on research that has been done, founded the lack of regulations Sidoarjo district that specifically regulates the protection of the rights of foreign workers
Strategy to Arrange Gender Responsive Budget in ex Besuki Residency: Strategi Penyusunan Anggaran Responsif Gender di eks Karesidenan Besuki
Full text linkThis study aims to determine the participation of women in development planning meeting, knowing the form of gender responsive policies, identifying the cause of the gender responsive policy problem, and strategy formulation of the budget in ex Besuki Residency such as Jember, Bondowoso, Situbondo, and Banyuwangi which still not responsive to the needs of women. In the first year, this study intends to identify the process of formulation, implementation, and evaluation of the local budget in Ex Besuki residency conducted by the respective local governments. Based on the research in the first year, researchers will formulate development strategies in the formulation of gender-responsive policies. The method of research is quantitative descriptive study, study documentation, primary and secondary data analysis, interviews and focus group discussions. In the second year of the study are expected to form a strategy and policy formulation concept of gender responsive budgeting through a combination previously existing concepts, adapted to the results of the first year of study at the study site. How To Cite: Adiwinarto, S., & Nusanto, B. (2015). Strategy to Arrange Gender Responsive Budget in ex Besuki Residency. Rechtsidee, 2(1), 65-78. doi:http://dx.doi.org/10.21070/jihr.v2i1.
Human Rights Arrangement on Indonesian Law: Pengaturan HAM dalam Hukum Indonesia
Full text linkArticle 1 paragraph (3) of the Constitution of 1945 (UUD 1945) stated that Indonesia is a Rule of Law. One feature of the Rule of Law is the existence of human rights in the state administration. Indonesia, since independence on August 17, 1945 has asserted the defense of human rights as stated in the opening clause and in the torso of the 1945 Constitution Article 27-34. In the era of reform, on the Government of President Habibie, the President and the Parliament ratified the UN convention against torture and other cruel, inhuman, or degrading human dignity into Law number 5 of 1998. Then the MPR also publishes the statutes of MPR No. XVII/MPR/1998 on Human Rights, which was followed up with the appearance of Law No. 39 of 1999 on human rights. In accordance with the law in Indonesia based on the sort of Law No. 12 of 2011, the actual products that have been issued by the Government (the MPR, DPR and President) that follow up the substance of Human Rights in the Constitution with established Assembly and the law is already correct. But when the MPR then does the second amendment to the Constitution on August 18, 2000 by adding a special article chapters and contains about Human Rights (as mentioned in Chapter X-A section 28 A-J), have made the complexity hierarchy of law in Indonesia because it is not in accordance with the substance of article 7 of Law No. 12 of 2011. 
Sales with Privately Made Deed Over The Object Under Hak Tanggungan Based on The Authorization to Sell in Banking Practice: Jual Beli dengan Akta Sendiri Atas Obyek Hak Tanggungan Berdasarkan Kuasa Jual Dalam Praktek Perbankan
Full text linkThe extension of credit contain a risk that must be covered by the bank, because the credit is given now and pay later. To minimize the risk of loans, the bank will ask the debtor to provide collateral as a source of repayment of the debt if the debtor default or breach of the contract. According to Article 1131 Civil Code (KUH Perdata), all assets of a debtor, either moving or fixed objects, both existing and new will exist in the future, a guarantee for all debts of the engagement. This means that by itself or in order to pass laws providing collateral by a debtor to any creditor for all debtor's property. Sales with Privately Made Deed over the object in the hak tanggungan banking practices may be more effective and efficient both in terms of time and costs for the settlement of non-performing loans. But in practice, occurs some offense prescribed procedure leading to doubts about the legality aspect of sales with privately made deed over the object under hak tanggungan based on the authorization to sell in banking practice. How To Cite: Purwaningsih, S. (2014). Sales with Privately Made Deed Over The Object Under Hak Tanggungan Based on The Authorization to Sell in Banking Practice. Rechtsidee, 1(2), 191-204. doi:http://dx.doi.org/10.21070/jihr.v1i2.10
Aceh Shariah Court in The Unitary State of the Republic of Indonesia and Human Rights Context: Pengadilan Syariah Aceh dalam Konteks Negara Kesatuan Republik Indonesia dan Hak Asasi Manusia
Full text linkBirth of Special Region Nanggroe Aceh Darussalam based on Law No. 18/2001 on Special Autonomy for Aceh as Nanggroe Aceh Darussalam that changed through Law No. 11 of 2006 on the Governing of Aceh is an attempt to realize a democratic government and prosperous (welfare state). The implication of the birth of NAD is the application of Islamic law as a tool of law and governance NAD, which also puts the Shariah Court as the main pillar of Islamic sharia enforcement in NAD. The existence of the Shariah Court as an instrument of law enforcement in NAD institutionally and functionally problematic. The first, related to the position of the Shariah Court that institutionally a part of the religious court, but has a broader scope of authority. Second, related to aspects of Islamic sharia holding capacity is possible to be imposed on non-Muslims, were both these problems can ultimately hurt the Unitary Republic of Indonesia principles and protection of human rights. How To Cite: Phahlevy, R. (2014). Aceh Shariah Court in The Unitary State of the Republic of Indonesia and Human Rights Context. Rechtsidee, 1(1), 71-84. doi:http://dx.doi.org/10.21070/jihr.v1i1.10
Outer Children Marriages Status After Constitutional Court Decision No: 46/PUU-VII/2010: Status Perkawinan Anak Luar Pasca Putusan Mahkamah Konstitusi No: 46/PUU-VII/2010
Full text linkThe decision of the Constitutional Court of the Republic of Indonesia No.46/PUU-VIII / 2010 dated 17 February 2012, granted the judicial review of Article 43 (1) of Law No. 1 of 1974 on Marriage by deciding that the article should read "Children who are born outside of marriage just had a civil relationship with her mother and her mother's family as well as with men as a father who can be proved based on science and technology and / or evidence, has blood ties according to law, including a civil relationship with his father's family". This Indonesian Constitutional Court's decision bring Juridical consequence that illegitimate children not only have a legal relationship with her mother, but also has a legal relationship with the father (biological) and his father's family, as long as it is proven with science and technology. The Constitutional Court's decision is a starting point in the legal protection of illegitimate children, namely the "right alignment" between the illegitimate child with the legitimate son. Illegitimate children have the rights to demand their civil rights toward their father (biological) as the same rights obtained by the legitimate son. How To Cite: Purwaningsih, S. (2014). Outer Children Marriages Status After Constitutional Court Decision No: 46/PUU-VII/2010. Rechtsidee, 1(1), 119-130. doi:http://dx.doi.org/10.21070/jihr.v1i1.9
Legal Protection Reform for Children Conflicted with Law: Reformasi Perlindungan Hukum bagi Anak yang Berkonflik dengan Hukum
Full text linkThe government has long been giving protection to children. Protection is reflected in the issuance of various Law. One of them is the Law No. 23 of 2003 on Child Protection. The legal protection of children in conflicted with law and child as victims of crime are regulatedin articlenumber 64. Issuance of Law No. 3 of 1997 on Juvenile Court actually originates from a passion for protecting the rights of children in conflicted with the law. However, due to inadequate understanding and mindset of Juvenile Court, which is do not have the children’s perspective, what comes up is that the substance of Law on Juvenile Court is not to protect children but to prosecute children. However, after the release of Law No. 11 of 2012 onThe Criminal Justice System of Children, legal protection of children in conflict with the law was encouragingly reformed. How To Cite: Rosna Wati, E. (2014). Legal Protection Reform for Children Conflicted with Law. Rechtsidee, 1(1), 59-70. doi:http://dx.doi.org/10.21070/jihr.v1i1.10
Strategic Step for Environmental Rescue: A Theoretical Legal Studies: Langkah Strategis Penyelamatan Lingkungan: Kajian Hukum Teoritis
Full text linkIndonesia is among the developing countries that are struggling to develop in the field of industrial development. The logical consequence of any development process, especially industrial development is the emergence of associated impacts that greatly affect the durability and sustainability of the environment. Developing the equitable industry in order to create public welfare is important. However, maintaining the security and preservation of the environment is also very important, because it is only with the availability of a good environment and healthy living that human beings can perform daily living. The availability of good and healthy environment is the constitutional responsibility of the government, as well as part of the human rights of all citizens which must be given by the State. Efforts to create a good environment and healthy living will be effective if controlled by State government and institutions who understand the objective conditions on the ground. In this regard, the granting of the authority on environmental control to regional government autonomously is the right, very smart policy choice. How To Cite: Sutrisno, B. (2014). Strategic Step for Environmental Rescue: A Theoretical Legal Studies. Rechtsidee, 1(1), 27-58. doi:http://dx.doi.org/10.21070/jihr.v1i1.9