Rechtidee
Not a member yet
201 research outputs found
Sort by
Legal Review of The Criminal Act of Murder of Women By Intimate Partners Based on The Provisions of The Act on PKDRT
Full text linkThe phenomenon of domestic violence that results in the death of women by intimate partners shows a gap in the legal protection that should be provided by the state. This study examines how Law Number 23 of 2004 concerning the Elimination of Domestic Violence (UU PKDRT) regulates and qualifies murder in domestic relations, and the extent of its effectiveness in implementation. The issues discussed include aspects of normative regulation and the application of law in the field. The methodology applied is normative legal research, using a legislative approach and a case approach. Data sources were obtained through literature studies from laws and regulations, court decisions, and relevant academic opinions, and analyzed qualitatively. The findings show that although the Law on PKDRT contains legal provisions regarding serious physical violence, including that which causes death, its implementation has not been optimal. The low understanding of law enforcement officers, the influence of patriarchal culture, and the lack of protection for victims are the main obstacles. Therefore, integration between the Criminal Code and the Law on PKDRT is needed, as well as increasing the competence of law enforcement officers so that victim protection becomes more effective and just
Impact of Legal Regulations on Innovation in Digital Donation Platforms for Youtube Streamers
Full text linkThis study investigates the regulatory implications for the development of digital donation platforms in Indonesia, with a particular focus on Saweria, which is widely utilized by YouTube content creators. The advancement of digital technology has facilitated innovative fundraising through donation-based crowdfunding, yet it simultaneously generates potential risks of misuse. Employing a normative juridical research approach, this study examines the vulnerability of digital donation platforms—initially intended to serve as financial support mechanisms—to exploitation for unlawful purposes, notably the dissemination and promotion of online gambling activities. The findings indicate that although the Information and Electronic Transactions Law (ITE Law), particularly Article 27 paragraph (2) jo. Article 45 as amended by Law No. 1 of 2024, stipulates prohibitions on gambling-related content with sanctions of up to six years imprisonment and/or administrative fines of IDR 1 billion, its enforcement continues to encounter evidentiary and procedural constraints. The study emphasizes the necessity for more specific regulatory frameworks, enhanced platform security, increased awareness among content creators, and coordinated multi-stakeholder collaboration to develop adaptive safeguards against digital criminality
The Company Liability for Violation an ESG Compliance That Affect Environmental Damages
Full text linkAs legal subjects, corporations in Indonesia not only have economic obligations but also have a responsibility to support sustainable development. This paper examines corporate legal liability for violations of compliance with Environmental, Social, and Governance (ESG) principles that result in environmental damage. The purpose of this research is to analyze the role of ESG implementation in strengthening corporate legal compliance and governance, as well as to review corporate accountability mechanisms through a case study of PT Soedali Sejahtera, which polluted the Getih River in Surabaya due to the absence of UKL-UPL environmental documents. The research employs a normative juridical method by examining regulations such as Law No. 32 of 2009 concerning Environmental Protection and Management (UUPPLH), Government Regulation No. 47 of 2012 concerning Corporate Social and Environmental Responsibility (TJSL), and Financial Services Authority Regulation No. 51/POJK.03/2017 as a framework for sustainable finance. The results show that the integration of ESG principles strengthens transparency, accountability, and corporate legal compliance, where the integration of ESG can serve as a strategic instrument in realizing sustainable and responsible business practices
Implementation and Issues of Land Procurement for Customary Rights in the Development of Plasma Oil Palm Plantations in Kampung Lama Pakis Pakobuk
No full textThe absence of a legal mechanism regarding the release of customary land for private interests has weakened legal protection for the rights of indigenous peoples. Furthermore, the land acquisition process is often carried out without implementing the principle of Free, Prior and Informed Consent (FPIC). This research is normative legal research with a qualitative approach, supported by a case study of the High Court Decision Number 175/PDT/2022/PT PRB. Data was obtained through literature review, legal analysis of related laws and regulations, and documentation of court decisions related to customary land disputes. The results of the study show that the implementation of land acquisition in Kampung Lama Pakis Pakobuk does not reflect agrarian justice. The imbalance in bargaining position between corporations and indigenous peoples, weak supervision of local governments, and minimal formal legal recognition of customary areas are the main problems identified. Therefore, it is necessary to reconstruct agrarian law that operationally accommodates customary rights in the national legal system. The government also needs to form a special institution to monitor and mediate land acquisition conflicts based on community participation, so that future customary land acquisition can be carried out fairly and sustainably
Strengthening Consumer Protection Through Digitalization of Monitoring Results of Water Quality Standards for Swimming Pools, Solus Per Aqua, and Malls
Full text linkQuality standards for water health requirements for sanitation hygiene, swimming pools, solus per aqua (SPA), and malls monitor by the Public Health office. Still, the monitoring process has yet to publish. It has not provided legalization, such as labels or signs that consumers can recognize, even though information and legalization need as an effort to protect consumer rights, especially a guarantee of security and comfort when using or utilizing products from business actors. This article used an empirical study to describe the urgency of the publication and labeling of water quality standards for swimming pools, spas, and mall sanitation. The data were by polling managers of five swimming pools, ten spas, five malls, and 100 consumers as respondents. The research results are described in a qualitative descriptive manner based on primary and secondary data through a statutory approach and a legal sociology approach by prioritizing the fulfillment of transparent consumer services. The addition of benefits resulting from the supervision of water quality standards on the website of the Public Health office is one solution to strengthen consumer protection and, at the same time, become evidence of enhancing the state's role as a supervisor
Comparison of The Right to Be Forgotten Regulations in Indonesia and European Union Countries
Full text linkThe development of digital technology has raised crucial issues related to personal data protection, one of which is related to the right to be forgotten. The European Union has strictly regulated this right through the General Data Protection Regulation (GDPR) since 2018, replacing the previous provisions in Directive 95/46/EC. The GDPR itself regulates the "Right to be Erased" or "Right to be Forgotten," which includes how to Request Erasure, Conditions for Erasure, Obligations of Data Controllers, and Exceptions regarding what matters do not apply to the Right to Erasure. In contrast, Indonesia has only just begun to accommodate this principle through changes to the Electronic Information and Transactions Law (UU ITE) of 2016 and the Personal Data Protection Law (UU PDP) of 2022, although it still faces various implementation challenges. This study aims to compare the legal regulations related to the right to be forgotten between Indonesia and the European Union in order to assess the effectiveness of the available legal protection, as well as encourage the preparation of more adaptive regulations in Indonesia. This study uses a normative legal approach, with a statute approach method that focuses on the study of laws and regulations. The results of the study show that the European Union has a more comprehensive and structured protection system through the GDPR, while Indonesia is still in the early stages of development with limitations in institutional and technical aspects, so it is necessary to strengthen the implementation and consider the application of a similar approach as in the European Union to guarantee the right to personal data effectively
Analysis of Sharia Maqashid on PKWT in the Job Creation Law Article 18 No. 35 of 2021
Full text linkThis study analyzes the Fixed-Time Work Agreement (PKWT) in the Job Creation Law Article 18 No. 35 of 2021 through the perspective of Maqashid Sharia, focusing on the principles of Hifdzul Mal (property protection) and Hifzun Nafs (life protection). Indonesia's labor regulations were significantly changed by the Job Creation Law, including the removal of restrictions on the field of work that can use the outsourcing system. This change provides flexibility for the business world, but also poses challenges in protecting workers' rights. From Hifdzul Mal's point of view, this policy can improve business efficiency and encourage investment. However, from Hifzun Nafs' perspective, job uncertainty due to PKWT's flexibility has the potential to reduce workers' welfare. This research uses a qualitative method with a sharia maqashid approach that examines laws and regulations related to PKWT and the outsourcing system in the Job Creation Law. The analysis was carried out by examining legal documents, Constitutional Court decisions, and Maqashid Syariah theory to assess the implications of regulations on the welfare of workers and the business world. This research emphasizes the importance of comprehensive follow-up regulations and effective supervision mechanisms so that labor reform in the Job Creation Law can run according to the principles of justice and welfare in Maqashid Sharia
A Deep Dive into LAPS SJK Cases: A Qualitative Study on Case Types, Resolution Duration, and Party Compliance
Full text linkThis study comprehensively analyzes the effectiveness of the Alternative Dispute Resolution Institution for the Financial Services Sector (LAPS SJK) through a juridical-empirical approach that integrates semi-structured interviews, observation, and document analysis of annual reports from 2022–2024. The findings reveal that the composition of disputes is consistently dominated by the banking sector and fintech lending, with mediation serving as the overwhelmingly dominant settlement mechanism. On the other hand, the institution faces significant challenges, including a high case-rejection rate, primarily due to non-compliance with the Internal Dispute Resolution (IDR) process and indications of fraud. In terms of timeliness, LAPS SJK has demonstrated remarkable efficiency by compressing its Service Level Agreement (SLA)driven by digital transformation and process optimization. The most substantive achievement is reflected in the increase in voluntary compliance with decisions, indicating strengthened legitimacy and trust in the institution. This research provides an original contribution through empirical evidence of the paradox between procedural justice in mediation and the role of arbitration in ensuring legal certainty, as well as a projective analysis of the integration of Artificial Intelligence (AI) in the development of ADR systems in Indonesia
The Influence Of Differences In Judges' Opinions On Legal Certainty In Deciding A Case
Full text linkThis study examines the influence of differences of opinion among judges on legal certainty in court decisions. In judicial practice, differences of opinion between judges often arise and have the potential to affect consistency and legal certainty, which are one of the main pillars of the legal system. The research method used is qualitative with a juridical-normative approach, utilizing analysis of relevant laws and legal literature. The results of the study indicate that differences of opinion among judges can cause legal uncertainty if not managed properly, thus impacting the credibility of the judicial institution and public trust in the judge's decision. Therefore, it is important to develop clear mechanisms and standards for handling differences of opinion among judges to maintain legal certainty in the judicial system.
Preliminary Examination in the Process of Filing a Bankruptcy Case (Comparison of Hong Kong with Indonesia)
Full text linkEach country has different mechanisms and requirements for filing bankruptcy cases against debtors. Indonesia, through Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, sets relatively simple requirements: the presence of two or more creditors and the failure to pay a debt that is due and collectible. However, this system does not recognize a preliminary examination mechanism to assess whether the debtor is truly insolvent or still solvent. This condition differs from the legal system in Hong Kong, which adheres to the common law tradition, where before a bankruptcy case is submitted to court, a preliminary examination is first conducted through the statutory demand mechanism. Creditors are required to file a legal demand against the debtor to pay the debt within 21 days. If the debtor can prove to the court that they are still solvent, the statutory demand can be rejected, preventing the bankruptcy petition from proceeding to trial