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Rechtsidee
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Articles 64 Documents
STRATEGY TO ARRANGE GENDER RESPONSIVE BUDGET IN EX BESUKI RESIDENCY Adiwinarto, Sulistio; Nusanto, Baktiawan
Rechtsidee Vol 2, No 1 (2015): Jurnal Ilmu Hukum Rechtsidee
Publisher : Faculty of Law, Muhammadiyah University of Sidoarjo

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Abstract

This 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. 
REGIONAL LEGAL ASSISTANCE Fatah, Abdul
Rechtsidee Vol 2, No 1 (2015): Jurnal Ilmu Hukum Rechtsidee
Publisher : Faculty of Law, Muhammadiyah University of Sidoarjo

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Abstract

Legal 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.
DISPUTE SETTLEMENT PATTERNS ON THE VILLAGE CHIEF ELECTION AT BONDOWOSO REGENCY Fauziyah, Fauziyah; Praptianingsih, Sri
Rechtsidee Vol 2, No 1 (2015): Jurnal Ilmu Hukum Rechtsidee
Publisher : Faculty of Law, Muhammadiyah University of Sidoarjo

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Abstract

Village elections (Pilkades) is a direct election procedure and mirrors implementation of democraticlife in Indonesia. Article 37 and 38 of the regency Regional Regulation No. 7 of 2006 states that if the Pilkadesprocess turns dispute, the dispute does not stop the next stage. The regency government normatively based onArticle 37 guarantees the completion stage of the elections until the inauguration phase and form a team ofsupervisors who communicate with those who feel aggrieved to get agreement dispute resolution. Until thisresearch is done, there is only one case submitted to the District Court, but then the plaintiffs draw theirlawsuit. Dispute settlement pattern research was conducted through interviews and providing information to thebureaucrats and the judiciary in the area of dispute. The involvement of these parties is important that theresults of this activity followed up by an independent institution in Pilkades dispute resolution withconsideration of existing regional regulations.
LABOUR RIGHTS PROTECTION OF FOREIGN WORKERS AFTER ENACTMENT OF LAW NUMBER 6 OF 2012 IN SIDOARJO REGENCY Phahlevy, Rifqi Ridlo; Multazam, Mochammad Tanzil; Mediawaty, Noor Fatimah
Rechtsidee Vol 2, No 1 (2015): Jurnal Ilmu Hukum Rechtsidee
Publisher : Faculty of Law, Muhammadiyah University of Sidoarjo

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Abstract

Enactment 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 governments 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. 
PROBLEMATIC MPR DECREE POST REFORM AND AFTER THE ISSUANCE OF LAW NO. 12 OF 2011 Wijaya, Sulardi
Rechtsidee Vol 2, No 1 (2015): Jurnal Ilmu Hukum Rechtsidee
Publisher : Faculty of Law, Muhammadiyah University of Sidoarjo

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Abstract

The 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.
Dispute Settlement Patterns on The Village Chief Election at Bondowoso Regency Fauziyah, Fauziyah; Praptianingsih, Sri
Rechtsidee Vol 2, No 1 (2015): Rechtsidee
Publisher : Faculty of Law, Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v2i1.8

Abstract

Village elections (Pilkades) is a direct election procedure and mirrors implementation of democratic life in Indonesia. Article 37 and 38 of the regency Regional Regulation No. 7 of 2006 states that if the Pilkades process turns dispute, the dispute does not stop the next stage. The regency government normatively based on Article 37 guarantees the completion stage of the elections until the inauguration phase and form a team of supervisors who communicate with those who feel aggrieved to get agreement dispute resolution. Until this research is done, there is only one case submitted to the District Court, but then the plaintiffs draw their lawsuit. Dispute settlement pattern research was conducted through interviews and providing information to the bureaucrats and the judiciary in the area of dispute. The involvement of these parties is important that the results of this activity followed up by an independent institution in Pilkades dispute resolution with consideration of existing regional regulations. How To Cite: Fauziyah, F., & Praptianingsih, S. (2015). Dispute Settlement Patterns on The Village Chief Election at Bondowoso Regency. Rechtsidee, 2(1), 11-20. doi:http://dx.doi.org/10.21070/jihr.v2i1.8
The Law Enforcement of Journalism Profession in The Context of Press Freedom Astuti, Sri Ayu
Rechtsidee Vol 1, No 2 (2014): Rechtsidee
Publisher : Faculty of Law, Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v1i2.97

Abstract

Law No. 40 of 1999 on Press is a manifestation of respect for the legal protection of press workers . Press in their role contributes to the intellectual level of the nation, through the information submitted in news publications, as well as bringing stipulated by the 1945 Constitution of Republic of Indonesia on freedom of thought and speech as Human Rights. However, in carrying out their journalistic duties, the Press should have responsibilities in the news process, and must not violate the ethics of his profession. Press that violates profession intentionally or unintentionally in the writing and publication of news in the public sphere, will still do the law enforcement process for any misuse of the meaning of freedom of speech and thought that harm others. Enforcement of this law, in line with the revocation of the right of immunity of profession issued by the Constitutional Court, which means the Press as a Professional must do the job with the precautionary principle, not by carelessness due to the trapped arrogance of jobs, and injuring other peoples human rights, even doing work profession with not commendable behavior. How To Cite: Astuti, S. (2014). The Law Enforcement of Journalism Profession in The Context of Press Freedom. Rechtsidee, 1(2), 175-190. doi:http://dx.doi.org/10.21070/jihr.v1i2.97
Aceh Shariah Court in The Unitary State of the Republic of Indonesia and Human Rights Context Phahlevy, Rifqi Ridlo
Rechtsidee Vol 1, No 1 (2014): Rechtsidee
Publisher : Faculty of Law, Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v1i1.103

Abstract

Birth 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.v1i1.103
Financial Village Standing in Indonesian Financial System Purnomo, Herry
Rechtsidee Vol 2, No 2 (2015): Rechtsidee
Publisher : Faculty of Law, Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v2i2.81

Abstract

Financial 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. How To Cite: Purnomo, H. (2015). Financial Village Standing in Indonesian Financial System. Rechtsidee, 2(2), 121-140. doi:http://dx.doi.org/10.21070/jihr.v2i2.81
Labour Rights Protection of Foreign Workers After Enactment of Law Number 6 of 2012 in Sidoarjo Regency Phahlevy, Rifqi Ridlo; Multazam, Mochammad Tanzil; Mediawati, Noor Fatimah
Rechtsidee Vol 2, No 1 (2015): Rechtsidee
Publisher : Faculty of Law, Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v2i1.3

Abstract

Enactment 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 governments 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. How To Cite: Phahlevy, R., Multazam, M., & Mediawati, N. (2015). Labour Rights Protection of Foreign Workers After Enactment of Law Number 6 of 2012 in Sidoarjo Regency. Rechtsidee, 2(1), 21-52. doi:http://dx.doi.org/10.21070/jihr.v2i1.3