Rechtsvinding
type: channel
description: This journal is published by the Civiliza Publishing twice a year (June and December). The presence of the Rechtsvinding journal accommodates scientific writings from the academic community, researchers, students, and practices in Islamic law and law that have good values ​​and high rationality. The scope of the discussion includes legal science, civil law, criminal law, constitutional law, business law, state administrative law, family law, Islamic politics, muamalah, and Islamic social institutions.
publisher: Civiliza Publishing
language: en-US
publication name: Rechtsvinding
issn: 2987-4424
items: Legal Protection of the Status and Rights of Biological Children (Case Study of Determination Number 114/Pdt.P/2025/Pa.Bi)
items: Implementation of the Health Law in Providing Legal Protection for Medical Personnel and Patients in Indonesia
items: Analysis of Public Policy of The Ministry of Law and Human Rights of West Kalimantan in Encouraging Trademark Registration
items: Patient Protection in the Health Service System Based on Law Number 17 of 2023 Concerning Health
items: Class Action Lawsuits as a Mechanism of Civil Liability in Environmental Disputes
items: Disparity in Religious Court Decisions in Divorce Cases Due to Apostasy: Normative Analysis and Legal Construction
items: Criminal Law Enforcement Against Perpetrators of the Crime of Flying Hot Air Balloons (Study of Decision Number 114.Pid.B/2022/PN Mjy)
items: Legal Regulations for Customer Protection of Financial Products in Indonesia
items: Criminal Law Enforcement for Children Who Perpetrated Hit-and-Run Accidents Resulting in Death in Traffic Accidents (Case Study Number 19/Pid.Sus-Anak/2024/PN.Mks)
items: The Application of the Principle of Balance Between the Parties in Standard Form Contracts under Civil Law
items: Criminal Liability for Driver Negligence Resulting in Death in Road Traffic Accidents
items: Enforcement of Criminal Law against Land Grabbing Crimes in Indonesia
items: Juridical Review of the Crime of Transferring the Object of Fiduciary Guarantee Without the Consent of the Fiduciary Recipient
items: Handling Victims of Sexual Violence Against Children in the Criminal Justice System in Indonesia
items: Criminal Law Enforcement against the Abuse of Personal Data via the Internet in Indonesia
items: Criminal Liability of Debt Collectors in the Execution of Fiduciary Guarantees with Fraud Mode After the Constitutional Court Decision Number 18/PUU-XVII/2019
items: The Role of the Manado Police Criminal Investigation Unit in Suppressing Crimes Using Sharp Weapons
items: The Legal Politics of Land Ownership and Agrarian Conflict in North Sumatra: Between Legal Certainty and Social Justice
items: Criminal Procedure Procedure Anomalies in Modern Legal Dynamics: The Urgency of Legislative Reform to Ensure Legal Certainty
items: Child Neglect After Divorce: Perspective of Child Protection Law and Compilation of Islamic Law
items: Fulfillment of the Right to Education for Refugee Children in the East Java Immigration Area: A Human Rights Law Perspective
items: https://journal.civiliza.org/index.php/rechtsvinding/article/view/1404
items: Foreign Worker Employment Violations in Majalengka: A Legal Analysis Based on Law No. 13 of 2003
items: The Balance of Legal Protection Between the Rights of Patients and Medical Personnel from the Perspective of Health Law
items: Civil Dispute Resolution Strategy Through Alternative Dispute Resolution (ADR)
items: Implementation of the Rights of Justice Collaborators to Get Reduced Sentences in the Crime of Murder
items: Implementation of the Law in Confirming the Boundary between Nagari Koto Kaciak and Nagari Duo Koto in Agam Regency
items: The Legal Standing And Validity Of Smart Contracts as Assessed Under The Requirements of a Valid Contract in Indonesian Civil Law
items: Recognition of Children Outside of Marriage Reviewed from Positive Law in Indonesia
items: Problems of Participation Qualification and Sentencing Proportionality in Unlicensed Mineral Mining Offences
items: The Implementation of Restorative Justice in Tipiring Cases as an Effort to Reduce Suspects in Detention
items: Sociological Analysis of Islamic Law on Family Resilience in Cases of Psychological Violence in the Household
items: The Juridical and Managerial Effectiveness of Piece Rate Work Contracts in Optimising Production Output in the Era of Industry 4.0
items: The Development of Law in Indonesia is Linked to Hans Kelsen's Positivism Theory
items: Crowdfunding Misuse as Cybercrime: A Criminal Law Perspective in Indonesia
items: Juridical Analysis of the Sustainability of Marriages Experiencing Prolonged Rifts in the Perspective of Islamic Law and Positive Law in Indonesia
items: The Dual Role of Wives in Modern Households to Improve Family Welfare: An Analysis of Maqashid Shari'ah in the Livelihood Status of Working Wives
items: A Legal Analysis of the Challenges in Proving Mens Rea in Corporate Criminal Cases Involving Environmental Crimes

Legal Protection of the Status and Rights of Biological Children (Case Study of Determination Number 114/Pdt.P/2025/Pa.Bi)
type: item
description: This study aims to analyze the legal protection of the status and rights of biological children according to Islamic law and the Child Protection Law, especially in assessing the suitability of the judge's legal considerations in Determination Number 114/Pdt.P/2025/PA. Bi to the principles of child justice and the fulfillment of civil rights without burdening children due to parental errors. The method used is normative juridical by examining Islamic legal norms through sharia maqasid and national laws and regulations, through literature studies on primary legal materials in the form of court decisions and secondary, analyzed qualitatively with normative interpretation. The results of the study show that Islamic law places biological children as a divine mandate that is protected by nasab for the sake of hifz al-nasl, even though the legal status is limited to sharia marriage so that the right of inheritance of faraidh does not fully apply to children of serial polygamy as in the case of Determination 114/Pdt.P/2025/PA. However, the rights to alimony, education, and affection must still be fulfilled by the father reasonably to be independent; The Child Protection Law guarantees the right to identity, health, and participation without discrimination through a complete birth certificate after biological attestation via DNA test, although judges' considerations often limit legal status due to administrative violations of parental marriage, so that children only receive partial rights such as alimony through a district court lawsuit without full guardianship or inheritance priority, which has the potential to cause social stigmatization and difficulty accessing public services such as scholarships or BPJS in areas such as Kediri; This gap creates a subjective injustice because the child is innocent, as the Constitutional Court's Decision expands biological civil relations in the best interests of the child, but the implementation of religious courts is still formalistic…
creator: Salsabila Khairunnisa
creator: Burhanudin Harahap
creator: Arsyad Aldyan
rights: Copyright (c) 2026 Salsabila Khairunnisa, Burhanudin Harahap, Arsyad Aldyan https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-01-02
publication date: 2026-01-02
volume: 4
number: 1
starting page: 1
ending page: 8
doi: 10.59525/rechtsvinding.1245

Implementation of the Health Law in Providing Legal Protection for Medical Personnel and Patients in Indonesia
type: item
description: This study aims to analyze the regulation, implementation, and effectiveness of Law Number 17 of 2023 concerning Health in protecting medical personnel and patients from medical disputes, using a normative legal approach method through a literature study of primary materials in the form of related and secondary laws such as journals and health law doctrines, followed by qualitative analysis based on legal reasoning to interpret norms, consistency of regulations, and juridical implications in service practice. The law regulates balanced protection through the rights of medical personnel to a legal umbrella while complying with professional and patient standards for complete information and informed consent, its implementation is realized through hospital mediation, Professional Disciplinary Councils, and safety protocols that reduce malpractice and violence, while its effectiveness can be seen from reducing litigation conflicts, improving service quality, and public trust through socialization and audits of the Ministry of Health which ensures a harmonious health ecosystem in Indonesia.
creator: Fenti Maya Sari
creator: Imam Ropii
rights: Copyright (c) 2026 Fenti Maya Sari, Imam Ropii https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-01-02
publication date: 2026-01-02
volume: 4
number: 1
starting page: 9
ending page: 14
doi: 10.59525/rechtsvinding.1246

Analysis of Public Policy of The Ministry of Law and Human Rights of West Kalimantan in Encouraging Trademark Registration
type: item
description: Trademark registration plays a crucial role in protecting businesses and helping to create healthy and fair businesses. Through public policy, the government is responsible for ensuring that trademark protection is accessible and utilized by the public, particularly businesses. This article examines how policies implemented by the Ministry of Law, specifically the West Kalimantan Regional Office of the Ministry of Law, encourage businesses to register their trademarks as a form of legal protection and to strengthen the regional economy. This research uses a qualitative approach with public policy analysis and legal effectiveness theory to determine whether existing policies are running according to their objectives and meet real-world conditions. The study results indicate that the West Kalimantan Ministry of Law and Human Rights has undertaken various efforts, such as outreach, mentoring, and facilitation of trademark registration in accordance with Law Number 20 of 2016 concerning Trademarks and Geographical Indications. These efforts have been quite effective for businesses directly involved in government programs, particularly fostered MSMEs. However, this policy has not been widely recognized due to low legal awareness, economic constraints, and the public's perception that trademark registration is not yet a necessary necessity. Therefore, a strengthened state role, more integrated policies, and cross-sectoral collaboration are needed to ensure a more effective and sustainable trademark registration policy.
creator: Husyam Husyam
creator: Supardi Supardi
creator: Zakiyul Faqih
rights: Copyright (c) 2026 Husyam Husyam, Supardi Supardi, Zakiyul Faqih https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-01-09
publication date: 2026-01-09
volume: 4
number: 1
starting page: 15
ending page: 24
doi: 10.59525/rechtsvinding.1268

Patient Protection in the Health Service System Based on Law Number 17 of 2023 Concerning Health
type: item
description: This study aims to analyze the implementation of patient protection in the health service system based on Law Number 17 of 2023 concerning Health. The method used is a normative method, with a study approach to applicable legal norms through literature studies in the form of books, journals, and the latest official regulatory documents. The analysis was carried out systematically to understand the substance, implications, and effectiveness of the provisions of the law in protecting patients' rights. The results of the study show that Law Number 17 of 2023 provides a strong legal basis in guaranteeing patients' rights to information, approval of medical procedures, and quality health services. However, the implementation of patient protection still faces various obstacles such as a lack of understanding of medical personnel and health facility managers regarding the new rules, limited resources, and a complaint mechanism that is not optimal. The active role of medical personnel and health institutions is crucial in implementing this protection, especially through the application of professional standards, effective communication with patients, and strict supervision. Strategic efforts identified include increasing socialization and education, strengthening accountability, utilizing information technology, developing an organizational culture that respects patients' rights, and strengthening cross-sector cooperation. The implementation of these measures is expected to improve the quality of safe, fair, and sustainable health services, while increasing public trust in the national health system.
creator: Agung Suhirman
creator: Imam Ropii
rights: Copyright (c) 2026 Agung Suhirman, Imam Ropii https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-01-09
publication date: 2026-01-09
volume: 4
number: 1
starting page: 25
ending page: 34
doi: 10.59525/rechtsvinding.1271

Class Action Lawsuits as a Mechanism of Civil Liability in Environmental Disputes
type: item
description: This article examines class action lawsuits as a mechanism of civil liability in environmental disputes within the framework of environmental civil law. Environmental degradation and pollution often cause widespread and diffuse harm, affecting large groups of people whose individual losses are difficult to quantify and whose access to justice is frequently constrained by procedural and economic barriers. Against this background, the study aims to analyze the role of class action litigation in ensuring effective protection of victims’ civil rights and promoting environmental restoration through private law remedies. The research adopts a normative juridical method, combining statutory analysis of environmental legislation and civil liability doctrines with a conceptual approach to class action procedures, including principles of standing, representation, and remedies. The article finds that class action lawsuits function as an important procedural tool to operationalize civil liability in environmental disputes, particularly in addressing collective losses, enforcing strict liability, and facilitating compensation and environmental remediation. Class actions also strengthen access to justice by reducing litigation costs, balancing the power asymmetry between victims and corporate polluters, and enhancing the deterrent effect of civil liability without relying on criminal sanctions. However, their effectiveness depends on clear legal standards for group representation, proof of causation, and the formulation of restorative remedies. The study concludes that class action litigation should be further developed and consistently applied as a core civil law mechanism in environmental dispute resolution, as it aligns with the objectives of environmental protection, victim-oriented justice, and sustainable environmental governance.
creator: Helidorus Chandera
rights: Copyright (c) 2026 Helidorus Chandera https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-01-15
publication date: 2026-01-15
volume: 4
number: 1
starting page: 25
ending page: 30
doi: 10.59525/rechtsvinding.1295

Disparity in Religious Court Decisions in Divorce Cases Due to Apostasy: Normative Analysis and Legal Construction
type: item
description: This study aims to analyze the disparity of Religious Court decisions in divorce cases caused by apostasy and to formulate an appropriate legal construction for such cases. This research employs normative legal research using statutory, conceptual, and case approaches. The analysis focuses on three Religious Court decisions, namely Decision of the Bandung Religious Court No. 0166/Pdt.G/2017/PA.Bdg, Decision of the Palu Religious Court No. 0249/Pdt.G/2016/PA.Pal, and Decision of the Bandung Religious Court No. 147/Pdt.G/2012/PA.Bdg. Data were collected through document study of primary and secondary legal materials and analyzed qualitatively through inventory, classification, and systematization stages. The findings reveal a disparity in judicial reasoning regarding divorce due to apostasy. Some judges consider apostasy as the primary legal ground for divorce through fasakh, while others base their decisions on continuous disputes and marital disharmony resulting from apostasy. This disparity indicates inconsistency in the application of Article 116 letter (h) of the Compilation of Islamic Law, which requires apostasy to cause marital discord. Therefore, this study recommends a legal construction that recognizes apostasy as an independent ground for divorce without the necessity of linking it to continuous disputes, in order to ensure legal certainty and uniformity of decisions within the Religious Court system.
creator: Rosyid Arifin
creator: Mega Dewi Ambarwati
rights: Copyright (c) 2026 Rosyid Arifin, Mega Dewi Ambarwati https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-01-15
publication date: 2026-01-15
volume: 4
number: 1
starting page: 31
ending page: 38
doi: 10.59525/rechtsvinding.1297

Criminal Law Enforcement Against Perpetrators of the Crime of Flying Hot Air Balloons (Study of Decision Number 114.Pid.B/2022/PN Mjy)
type: item
description: Hot air balloon flights are considered as dangerous for aviation safety because they can interfere with air traffic and endangered aircraft, particularly when balloon materials risk being drawn into aircraft propellers. The Ministry of Transportation states that unauthorized hot air balloon flights may be subject to Article 411 of Law Number 1 of 2009 on Aviation, which provides for a maximum imprisonment of two years and a fine of up to IDR 500,000,000. This study examines the hot air balloon case decided in Decision Number 114/Pid.B/2022/PN Mjy, involving several defendants. The main legal issue concerns the judges' considerations in applying Article 411, given that the provision does not explicitly mention hot air balloons in its elements. Using normative juridical research based on secondary data and qualitative analysis, the study finds that the judges imposed criminal sanctions on the grounds that the defendants' actions violated Article 411 of the Aviation Law and Ministry of Transportation Regulation Number 40 of 2018. The defendants were sentenced to one month's imprisonment and a fine of IDR 1,000,000 each. However, ideally, criminal sanctions should not have been imposed due to the absence of explicit regulation of hot air balloons in Article 411
creator: Mona Tarisa
creator: Sugih Ayu Pratitis
rights: Copyright (c) 2026 Mona Tarisa, Sugih Ayu Pratitis https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-01-15
publication date: 2026-01-15
volume: 4
number: 1
starting page: 39
ending page: 44
doi: 10.59525/rechtsvinding.1299

Legal Regulations for Customer Protection of Financial Products in Indonesia
type: item
description: The rapid and complex development of the financial services sector in Indonesia has given rise to a variety of financial products with varying characteristics and levels of risk. This situation places customers in a vulnerable position due to information asymmetry, imbalanced bargaining power, and limited understanding of the legal aspects and risks of financial products. Therefore, legal regulations regarding customer protection are a fundamental need to ensure legal certainty, justice, and the protection of customer rights. This article aims to analyze the legal regulations for customer protection for financial products in Indonesia, emphasizing the normative basis, the role of supervisory authorities, and the forms of preventive and repressive legal protection. This research uses a normative legal method with a statutory and conceptual approach. The results show that customer protection has been regulated in various regulations, but its implementation still faces obstacles in terms of financial literacy, law enforcement, and the effectiveness of dispute resolution.
creator: Alvin Hamzah Nasution
rights: Copyright (c) 2026 Alvin Hamzah Nasution https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-01-18
publication date: 2026-01-18
volume: 4
number: 1
starting page: 45
ending page: 52
doi: 10.59525/rechtsvinding.1312

Criminal Law Enforcement for Children Who Perpetrated Hit-and-Run Accidents Resulting in Death in Traffic Accidents (Case Study Number 19/Pid.Sus-Anak/2024/PN.Mks)
type: item
description: A traffic accident is a sudden and unintentional incident on the road, involving a motorized vehicle and other road users, and causing human casualties and property damage. This study aims to analyze the enforcement of criminal law against children as perpetrators of hit-and-run accidents that result in death in traffic accidents. The research method used is a normative juridical approach with qualitative data analysis. The results show that the handling of children who commit hit-and-run crimes in Indonesia is regulated by Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, which emphasizes the principles of restorative justice, diversion, and the protection of children's rights. The role of parents, law enforcement officers, and the government is very important in prevention and response efforts. In practice, judges tend not to impose detention sentences to prevent children from being imprisoned.
creator: Nugra Ardiansyah
creator: Sugih Ayu Pratitis
rights: Copyright (c) 2026 Nugra Ardiansyah, Sugih Ayu Pratitis https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-01-18
publication date: 2026-01-18
volume: 4
number: 1
starting page: 53
ending page: 60
doi: 10.59525/rechtsvinding.1314

The Application of the Principle of Balance Between the Parties in Standard Form Contracts under Civil Law
type: item
description: Standard form contracts are widely used in business activities due to their efficiency and practicality. However, their unilateral nature often places one party, particularly consumers, in a weaker bargaining position. This condition raises concerns regarding the application of the principle of balance between the parties as a fundamental principle in civil law. This study aims to analyze the application of the principle of balance in standard form contracts under civil law and to examine the extent to which existing legal regulations provide protection for the weaker party. This research employs a normative juridical method by analyzing statutory regulations, legal doctrines, and relevant legal principles, particularly those contained in the Civil Code and consumer protection laws. The results of the study indicate that although the principle of balance is recognized in civil law, its implementation in standard form contracts has not been fully realized, as many contractual clauses tend to favor business actors. Therefore, stronger legal safeguards and stricter supervision are required to ensure fairness and balance between the parties in standard form contracts.
creator: Suryaningsih Suryaningsih
creator: Vivi Sylvia Purborini
creator: Kasmin Kasmin
creator: Rika Novitasari
creator: Tikka Dessy Harsanti
rights: Copyright (c) 2026 Suryaningsih, Vivi Sylvia Purborini, Kasmin, Rika Novitasari, Tikka Dessy Harsanti https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-01-21
publication date: 2026-01-21
volume: 4
number: 1
starting page: 61
ending page: 68
doi: 10.59525/rechtsvinding.1325

Criminal Liability for Driver Negligence Resulting in Death in Road Traffic Accidents
type: item
description: Traffic accidents that result in the death of victims are still a serious problem in the Indonesian criminal law system. One of the dominant factors causing traffic accidents is the negligence of motor vehicle drivers in complying with traffic rules and the principle of caution on the highway. This study aims to analyze the legal arrangements and forms of criminal liability of motor vehicle drivers who, due to their negligence, cause traffic accidents and cause death. The research method used is normative legal research with a statutory approach and a conceptual approach. The legal materials analyzed include the Criminal Code, Law Number 22 of 2009 concerning Road Traffic and Transportation, as well as relevant court decisions. The results of the study show that the legal regulation regarding the criminal liability of negligent drivers has been specifically regulated in Article 310 paragraph (4) of the Road Traffic and Transportation Law as a lex specialis of the general provisions in the Criminal Code. The application of criminal liability is based on the fulfillment of the elements of negligence, the ability to be responsible, and the absence of a forgiving reason. This study emphasizes the importance of consistent and proportionate law enforcement to provide legal certainty, a sense of justice for victims, and a deterrent effect for traffic accident perpetrators.
creator: Andika Eka Putra Amisi
creator: Nur Handayat
creator: bachrul Amiq
rights: Copyright (c) 2026 Andika Eka Putra Amisi, Nur Handayat, bachrul Amiq https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-01-22
publication date: 2026-01-22
volume: 4
number: 1
starting page: 69
ending page: 74
doi: 10.59525/rechtsvinding.1335

Enforcement of Criminal Law against Land Grabbing Crimes in Indonesia
type: item
description: Land is an important asset that has high economic, social, and cultural value for the people of Indonesia. The high value of land often triggers land conflicts, one of which is in the form of land grabbing. Land grabbing is an unlawful act carried out by controlling, occupying, or transferring rights to land belonging to others without the permission of the rightful party. This article aims to analyze law enforcement against the crime of land grabbing and examine the application of criminal sanctions based on Article 385 of the Criminal Code. The research method used is normative legal research with a legislative and conceptual approach. Legal materials are obtained through literature studies that include laws and regulations, legal literature, and relevant scientific journals. The results of the study show that although there are legal arrangements that regulate the crime of land grabbing, law enforcement still faces various obstacles, such as weak coordination between agencies, complexity of evidence, and the tendency to resolve land conflicts that overlap between criminal and civil channels. Therefore, it is necessary to strengthen more consistent criminal law enforcement, accompanied by preventive efforts through land registration and increasing public legal awareness to ensure certainty and legal protection of land rights.
creator: Ferdinan babo Pahana
creator: Wahyu Prawesti
creator: M. Yustino Aribawa
rights: Copyright (c) 2026 Ferdinan babo Pahana, Wahyu Prawesti, M. Yustino Aribawa https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-01-22
publication date: 2026-01-22
volume: 4
number: 1
starting page: 75
ending page: 80
doi: 10.59525/rechtsvinding.1336

Juridical Review of the Crime of Transferring the Object of Fiduciary Guarantee Without the Consent of the Fiduciary Recipient
type: item
description: This study examines the criminal act of transferring fiduciary collateral objects without the prior written consent of the fiduciary recipient as regulated under Indonesian law. The rapid development of consumer financing practices has increased the use of fiduciary guarantees, particularly in credit agreements involving movable assets. However, in practice, debtors often transfer, pledge, or lease fiduciary objects to third parties without authorization, which constitutes a criminal offense under Law Number 42 of 1999 on Fiduciary Security. This research employs a normative juridical method with a statutory approach, analyzing primary legal materials in the form of legislation and court decisions, as well as secondary legal materials from legal literature and scholarly works. The study focuses on the regulation of such criminal acts and the form of criminal liability imposed on fiduciary grantors who violate fiduciary provisions. The findings indicate that the transfer of fiduciary collateral without the consent of the fiduciary recipient fulfills the elements of a criminal offense as stipulated in Article 36 of the Fiduciary Security Law. Criminal liability may be imposed if the perpetrator is proven to have acted unlawfully, intentionally or negligently, and without any justification or excuse that eliminates criminal responsibility. This research concludes that the existing legal framework provides legal certainty and protection for creditors, although stricter supervision and legal awareness are necessary to prevent recurring violations in fiduciary practices.
creator: George Johanes Paulus
creator: Noenik Soekorini
creator: M. Syahrul Borman
rights: Copyright (c) 2026 George Johanes Paulus, Noenik Soekorini, M. Syahrul Borman https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-01-22
publication date: 2026-01-22
volume: 4
number: 1
starting page: 81
ending page: 88
doi: 10.59525/rechtsvinding.1337

Handling Victims of Sexual Violence Against Children in the Criminal Justice System in Indonesia
type: item
description: Sexual violence against children remains a serious and escalating problem in Indonesia, causing long-term physical, psychological, and social harm to victims. Children, as vulnerable individuals, often face difficulties in accessing justice due to fear, trauma, power imbalances, and inadequate institutional support. This study aims to analyze the handling of child victims of sexual violence within the Indonesian criminal justice system and to examine the forms of legal protection provided to them. This research employs a normative legal research method using a statutory and conceptual approach by examining relevant laws and regulations, including the Child Protection Law and Law Number 12 of 2022 on Sexual Violence Crimes. The results show that although the legal framework for protecting child victims has been strengthened, particularly through the enactment of the Sexual Violence Crimes Law, its implementation within the criminal justice system still faces significant challenges. These include limited victim-centered approaches, risks of re-victimization during legal proceedings, and insufficient coordination among law enforcement institutions. The study concludes that an effective handling of child victims of sexual violence requires an integrated, victim-oriented criminal justice system that prioritizes protection, recovery, and the best interests of the child.
creator: Marlene Sualang
creator: Noenik Soekorini
creator: Syahrul Borman
rights: Copyright (c) 2026 Marlene Sualang, Noenik Soekorini, Syahrul Borman https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-01-22
publication date: 2026-01-22
volume: 4
number: 1
starting page: 89
ending page: 94
doi: 10.59525/rechtsvinding.1338

Criminal Law Enforcement against the Abuse of Personal Data via the Internet in Indonesia
type: item
description: The development of information technology and the increasingly massive use of the internet have increased the risk of criminal acts of misuse of personal data, especially through cybercrime modes such as phishing and online fraud. The misuse of personal data not only causes material harm to the victim, but also threatens the right to privacy as part of human rights. This article aims to analyze criminal law enforcement against perpetrators of the crime of misusing personal data through the internet and identify the factors that affect the effectiveness of law enforcement. This research uses normative legal research methods with legislative and conceptual approaches. The legal materials used include laws and regulations, especially the Law on Information and Electronic Transactions and Law Number 27 of 2022 concerning Personal Data Protection, supported by relevant scientific literature and journals. The results of the study show that although the legal framework related to personal data protection has been strengthened, law enforcement against the crime of misuse of personal data through the internet still faces various obstacles, including limited capabilities of law enforcement officials, inadequate technological facilities, and low public legal awareness. Therefore, it is necessary to strengthen the capacity of law enforcement officials, optimize information technology facilities, and increase people's digital literacy to realize effective and fair personal data protection.
creator: Mixon felly Melky Runtukahu
creator: Dudik Djaja Sidarta
creator: Vieta Imelda Cornelis
rights: Copyright (c) 2026 Mixon felly Melky Runtukahu, Dudik Djaja Sidarta, Vieta Imelda Cornelis https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-01-22
publication date: 2026-01-22
volume: 4
number: 1
starting page: 95
ending page: 100
doi: 10.59525/rechtsvinding.1339

Criminal Liability of Debt Collectors in the Execution of Fiduciary Guarantees with Fraud Mode After the Constitutional Court Decision Number 18/PUU-XVII/2019
type: item
description: The execution of fiduciary guarantees by debt collectors frequently gives rise to legal problems, particularly when such execution is carried out through fraudulent practices. Following the Constitutional Court Decision Number 18/PUU-XVII/2019, fiduciary execution may no longer be conducted unilaterally unless the debtor voluntarily surrenders the collateral object. Nevertheless, in practice, debt collectors have shifted their modus operandi from physical coercion to more subtle forms of deception in order to obtain fiduciary objects. This research aims to analyze the criminal liability of debt collectors who execute fiduciary guarantees through fraudulent means and to examine the application of criminal law to such practices. The study employs a juridical-empirical research method, combining statutory analysis with field data obtained through interviews with debtors, debt collectors, and representatives of finance companies, as well as observations of fiduciary execution practices. The findings indicate that fraudulent acts committed by debt collectors such as impersonating finance company officers, providing false information, and making deceptive promises fulfill the elements of fraud as stipulated in Article 378 of the Indonesian Criminal Code. Moreover, such actions violate the Fiduciary Security Law and the Constitutional Court’s ruling, thereby giving rise to individual criminal liability and potential corporate liability when finance companies fail to exercise proper supervision. This study concludes that stricter law enforcement and enhanced legal awareness are necessary to protect debtors’ rights and ensure lawful fiduciary execution practices.
creator: Rommy Igrisa
creator: Subekti Subekti
rights: Copyright (c) 2026 Rommy Igrisa, Subekti Subekti https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-01-22
publication date: 2026-01-22
volume: 4
number: 1
starting page: 101
ending page: 106
doi: 10.59525/rechtsvinding.1340

The Role of the Manado Police Criminal Investigation Unit in Suppressing Crimes Using Sharp Weapons
type: item
description: Crimes involving the use of sharp weapons constitute a serious threat to public security and social order in urban areas. The widespread possession and misuse of sharp weapons have contributed to increasing levels of street crime, generating fear and insecurity within society. This study aims to analyze the role of the Criminal Investigation Unit (Satreskrim) of Manado City Police in suppressing crimes involving sharp weapons and to identify factors that hinder the effectiveness of its performance. This research employs an empirical juridical method, focusing on the implementation of normative legal provisions in real social conditions. Data were analyzed qualitatively through statutory review and field-based findings. The results indicate that Satreskrim Polresta Manado plays a strategic role as a law enforcement agency through preventive, repressive, and community-oriented measures, including patrols, investigations, and public engagement. However, the effectiveness of these efforts is constrained by limited personnel, insufficient technological support such as CCTV and information technology systems, and low public participation in providing information. The study concludes that strengthening human resources, technological infrastructure, and community cooperation is essential to enhance the effectiveness of law enforcement in suppressing crimes involving sharp weapons.
creator: Valentin Vanny Lakidong
creator: M. Syahrul Borman
creator: Yoyok Ucok Suyono
rights: Copyright (c) 2026 Valentin Vanny Lakidong, M. Syahrul Borman, Yoyok Ucok Suyono https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-01-22
publication date: 2026-01-22
volume: 4
number: 1
starting page: 107
ending page: 112
doi: 10.59525/rechtsvinding.1341

The Legal Politics of Land Ownership and Agrarian Conflict in North Sumatra: Between Legal Certainty and Social Justice
type: item
description: Land conflicts in North Sumatra are structural and ongoing agrarian issues, involving the state, corporations, and indigenous and local communities. These conflicts are triggered by unequal land ownership, overlapping land rights, weak recognition of customary land, and land policies oriented toward investment interests. This article aims to analyze the legal politics of land ownership in North Sumatra and its implications for legal certainty and social justice. The research was conducted using normative legal methods through legislative, conceptual, and case-based approaches. The results of the study indicate that land legal politics do not fully reflect the principles of social justice as mandated by the Basic Agrarian Law (UUPA), thus reinforcing the escalation of agrarian conflicts. A reorientation of land policies is needed that prioritizes the protection of community rights.
creator: Gerald Elisa Munthe
rights: Copyright (c) 2026 Gerald Elisa Munthe https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-01-22
publication date: 2026-01-22
volume: 4
number: 1
starting page: 113
ending page: 120
doi: 10.59525/rechtsvinding.1344

Criminal Procedure Procedure Anomalies in Modern Legal Dynamics: The Urgency of Legislative Reform to Ensure Legal Certainty
type: item
description: The implementation of the Criminal Procedure Code (KUHAP) in Indonesia still faces various structural and normative challenges, which are reflected in the procedural anomalies that occur in the field. These anomalies, such as unclear detention and investigation procedures, have created legal uncertainty that harms human rights and lowers the credibility of the criminal justice system. This study aims to identify gaps in the Criminal Code and assess the urgency of legislative reform needed to address these problems. The approach used in this study is a qualitative literature study, by analyzing various literature sources that include books, scientific articles, and relevant research reports. The findings of the study show that uncertainty in the duration of detention, weaknesses in the protection of suspects' rights, and the unpreparedness of the Indonesian legal system to accommodate modern technology are the main factors that worsen the effectiveness of the justice system. Therefore, comprehensive reform of the Criminal Procedure Code, including harmonization with international standards, technological integration through legal digitalization (e-Justice), and strengthening the independence of judicial institutions, is an urgent need to improve legal certainty, transparency, and human rights protection. The recommendations put forward in this study include expanding oversight of law enforcement officials, drafting regulations that accommodate electronic evidence, and public involvement in formulating legal policies to create a fairer and more efficient justice system.
creator: Muhamad Zaenal Arifin
rights: Copyright (c) 2026 Muhamad Zaenal Arifin https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-01-29
publication date: 2026-01-29
volume: 4
number: 1
starting page: 121
ending page: 130
doi: 10.59525/rechtsvinding.1371

Child Neglect After Divorce: Perspective of Child Protection Law and Compilation of Islamic Law
type: item
description: This study aims to analyze child neglect following parental divorce from the perspectives of Law No. 35 of 2014 concerning Amendments to Law No. 23 of 2002 on Child Protection (UUPA) and the Compilation of Islamic Law (KHI). This research employs a normative juridical approach. Through qualitative methods, the study finds a highly contrasting difference in perspectives between the UUPA and KHI regarding the issue of child neglect after parental divorce. The UUPA views such actions as a criminal offense, and the perpetrators are subject to legal sanctions. In contrast, the KHI considers child neglect after divorce as an internal civil matter between parents and children, and therefore does not recognize criminal sanctions. Meanwhile, the Religious Court, as a special judicial body that adjudicates divorce cases for Muslim citizens, applies the KHI as its legal basis. Based on these findings, it is concluded that the increase in child neglect parallels the rising number of divorces due to these differing perspectives in addressing the issue. As a result, there is no clear legal certainty serving as a specific reference for resolving cases of child neglect after divorce. In this regard, the author proposes several recommendations: (1) there should be a harmonization of perspectives between the UUPA and KHI concerning child neglect after divorce, recognizing that such acts may result in criminal sanctions; (2) the Supreme Court is encouraged to issue a regulation (PERMA) requiring judges in Religious Courts to include children’s post-divorce rights in their legal considerations even if not explicitly requested, and to impose penalties on parents who fail to comply with such rulings; and (3) the government is advised to establish a special institution or supervisory service unit to monitor child support obligations.
creator: Dewi Ervina Suryani
creator: Pagar Pagar
creator: Muhammad Iqbal Irham
rights: Copyright (c) 2026 Dewi Ervina Suryani, Pagar Pagar, Muhammad Iqbal Irham https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-01-29
publication date: 2026-01-29
volume: 4
number: 1
starting page: 131
ending page: 136
doi: 10.59525/rechtsvinding.1381

Fulfillment of the Right to Education for Refugee Children in the East Java Immigration Area: A Human Rights Law Perspective
type: item
description: Refugee children are a vulnerable group who often face obstacles in accessing education, even though this right is guaranteed in various national regulations. This study examines the fulfillment of the right to education for refugee children in the working area of ​​the East Java Regional Office of the Directorate General of Immigration from a human rights law perspective. This study aims to determine the national legal regulations regarding the right to education for refugee children and the role of the Regional Immigration Office in ensuring it. The results show that although several regulations guarantee the right to education in general, there are no technical provisions that specifically regulate the rights of refugee children. The East Java Regional Immigration Office acts as a coordination facilitator, but still faces challenges such as limited documentation, lack of policy synchronization, and poor understanding of technical implementers. Affirmative policies and national technical guidelines are needed, as well as strengthened cross-sectoral coordination so that the right to education for refugee children can be fulfilled fairly and inclusively.
creator: Alfi Syahrin
creator: Siti Marwiyah
creator: Moh. Taufik
rights: Copyright (c) 2026 Alfi Syahrin, Siti Marwiyah, Moh. Taufik https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-02-05
publication date: 2026-02-05
volume: 4
number: 1
starting page: 137
ending page: 148
doi: 10.59525/rechtsvinding.1398

https://journal.civiliza.org/index.php/rechtsvinding/article/view/1404
type: item
title: Reinterpretation of the Principle of Family, Chapter 33 of the 1945 Constitution of the Republic of Indonesia in the Era of Platform Capitalism within the Framework of the Modern Economy of the 21st Century
description: The modern economy, which relies on Big Data architecture and sophisticated algorithms, presents a disturbing information loop in today's development landscape. This research uses a normative-empirical legal research method (socio-legal research) with a contextual and comparative approach. Philosophically, the principle of kinship in Chapter 33 of the 1945 Constitution of the Republic of Indonesia rejects the liberal anthropological view that views humans solely as rational, selfish, profit-seeking creatures. In relation to the implementation of the contemporary social function of the digital economy, this demands a bold regulatory strategy to counter the concentration of power in the digital oligarchy. The first strategy is to redefine data ownership through the establishment of Data Cooperatives or Data Trusts. By making workers the owners of the platform, profits no longer flow abroad or to a handful of investors but circulate back into the worker community itself, creating a healthy and equitable economic circulation as mandated by Article 33 of the 1945 Constitution of the Republic of Indonesia.
creator: KM Ibnu Shina Zaenudin
creator: Rika Nurhayati
creator: Bakar Bakar
rights: Copyright (c) 2026 KM Ibnu Shina Zaenudin, Rika Nurhayati, Bakar Bakar https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-02-06
publication date: 2026-02-06
volume: 4
number: 1
starting page: 149
ending page: 154
doi: 10.59525/rechtsvinding.1404

Foreign Worker Employment Violations in Majalengka: A Legal Analysis Based on Law No. 13 of 2003
type: item
description: This study analyzes violations in the employment of foreign workers (TKA) in Majalengka Regency under Law Number 13 of 2003 on Manpower and its implementing regulations, including Government Regulation Number 34 of 2021 and Minister of Manpower Regulation Number 8 of 2021. Majalengka offers a distinctive case due to rapid industrial growth and rising foreign labor utilization, which heighten local regulatory and supervisory challenges. The research uses a normative legal method with statutory and conceptual approaches, supported by qualitative analysis to identify common violation patterns. The findings reveal recurring violations, including the employment of foreign workers without approved RPTKA, mismatches between job positions and work locations, failure to implement mandatory skill transfer programs, non-payment of the Compensation Fund (DKPTKA), and inconsistencies in immigration permits. These issues stem from weak inter-agency coordination, low corporate compliance awareness, and the absence of measurable standards for evaluating skill transfer. The study recommends risk-based joint inspections, integration of RPTKA data with workforce realization, measurable skill transfer standards, graduated administrative sanctions, and strengthened compliance campaigns to ensure legal certainty and protect local workers.
creator: Herry Farhan Syafiq
rights: Copyright (c) 2026 Herry Farhan Syafiq https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-02-17
publication date: 2026-02-17
volume: 4
number: 1
starting page: 155
ending page: 162
doi: 10.59525/rechtsvinding.1419

The Balance of Legal Protection Between the Rights of Patients and Medical Personnel from the Perspective of Health Law
type: item
description: This study aims to analyze the balance of legal protection between the rights of patients and medical personnel from the perspective of Law Number 17 of 2023 concerning Health. The dynamics of healthcare services demonstrate the need for fair legal certainty for patients as service recipients and for medical personnel as professional practitioners. This study uses normative legal methods with a statutory and conceptual approach. Legal materials are analyzed qualitatively through systematic and teleological interpretation of provisions governing patient rights, consent for medical procedures, and professional protection for medical personnel. The results show that normatively, the law has accommodated a balance of legal protection by strengthening patient rights and providing protection for medical personnel who work according to professional standards. However, challenges remain in the implementation aspect, particularly in dispute resolution mechanisms and proving medical negligence.
creator: Dilly Hermanto
creator: Jumiati Jumiati
creator: Alifiya Rofikhatul Ula
creator: Hernawati Hernawati
rights: Copyright (c) 2026 Dilly Hermanto, Jumiati Jumiati, Alifiya Rofikhatul Ula, Hernawati Hernawati https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-02-20
publication date: 2026-02-20
volume: 4
number: 1
starting page: 163
ending page: 168
doi: 10.59525/rechtsvinding.1421

Civil Dispute Resolution Strategy Through Alternative Dispute Resolution (ADR)
type: item
description: Civil dispute resolution in Indonesia is generally conducted through litigation; however, court proceedings are often time-consuming, costly, and tend to produce win-lose outcomes that may harm the relationship between the disputing parties. As an alternative, Alternative Dispute Resolution (ADR) offers a more efficient and constructive approach to resolving civil disputes. This study aims to examine the background of ADR as a strategy for civil dispute resolution and to analyze the effectiveness of mediation in court proceedings. This research employs a normative legal method using statutory and conceptual approaches. Primary legal materials include Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution and Supreme Court Regulation (PERMA) Number 1 of 2016 on Mediation Procedures in Courts. Secondary materials such as legal literature and scholarly journals support the analysis. The data are analyzed descriptively and qualitatively. The findings indicate that ADR is philosophically grounded in the values of Pancasila, particularly deliberation and consensus, and sociologically aligned with Indonesia’s customary tradition of peaceful settlement. Although mediation is mandatory in civil cases, its effectiveness remains limited due to a lack of good faith from disputing parties, insufficient public understanding, and suboptimal implementation. In conclusion, ADR, particularly mediation, serves as a relevant and strategic mechanism for resolving civil disputes in Indonesia, but its success depends on the parties’ willingness to settle and the effective role of mediators and courts.
creator: Marlinda Martha Fenny Pandi
creator: Sri Astutik
creator: Fitri Ayuningtiyas
creator: Vivi Sylvia Purborini
rights: Copyright (c) 2026 Marlinda Martha Fenny Pandi, Sri Astutik, Fitri Ayuningtiyas, Vivi Sylvia Purborini https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-02-20
publication date: 2026-02-20
volume: 4
number: 1
starting page: 169
ending page: 178
doi: 10.59525/rechtsvinding.1422

Implementation of the Rights of Justice Collaborators to Get Reduced Sentences in the Crime of Murder
type: item
description: The concept of a Justice Collaborator (JC) has become an important instrument in criminal law enforcement, particularly in uncovering complex crimes. A justice collaborator refers to a perpetrator who cooperates with law enforcement authorities by providing significant information to reveal a criminal act and identify other perpetrators. In Indonesia, the recognition of justice collaborators is regulated in Law Number 13 of 2006 as amended by Law Number 31 of 2014 concerning the Protection of Witnesses and Victims, as well as Supreme Court Circular Letter Number 4 of 2011. This study examines the implementation of the rights of justice collaborators to obtain sentence reduction in cases of murder and analyzes the legal considerations applied by judges in granting such leniency. This research employs a normative legal method using statutory and conceptual approaches. Primary legal materials consist of relevant laws and regulations, while secondary materials include legal doctrines and scholarly articles. The data are analyzed qualitatively through descriptive analysis. The results indicate that although justice collaborators are legally entitled to special protection and the possibility of sentence reduction, their implementation in murder cases is not automatic and depends heavily on judicial discretion. Judges consider several factors, including the significance of the information provided, the role of the offender in the crime, and the consistency of cooperation during the investigation and trial process. The study concludes that clearer legal standards and consistent judicial application are necessary to ensure legal certainty and fairness in granting sentence reductions to justice collaborators in murder cases.
creator: Dany Ardiansah Putra
creator: Wahyu Prawesthi
creator: Dedi Wardana Nasoetion
rights: Copyright (c) 2026 Dany Ardiansah Putra, Wahyu Prawesthi, Dedi Wardana Nasoetion https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-02-20
publication date: 2026-02-20
volume: 4
number: 1
starting page: 179
ending page: 186
doi: 10.59525/rechtsvinding.1423

Implementation of the Law in Confirming the Boundary between Nagari Koto Kaciak and Nagari Duo Koto in Agam Regency
type: item
description: National refugee children are a vulnerable group who often face obstacles in accessing education, even though this right is guaranteed in various regulations. This study aims to determine national legal regulations regarding the right to education for refugee children and the role of the Regional Immigration Office in ensuring it. This research method is descriptive analytical with a sociological juridical approach. The results show that although several regulations guarantee the right to education in general, there are no technical provisions that specifically regulate the rights of refugee children. The East Java Regional Immigration Office acts as a coordination facilitator, but still faces challenges such as limited documentation, lack of policy synchronization, and lack of understanding of technical implementers. Affirmative policies and national technical guidelines are needed, as well as strengthened cross-sectoral coordination so that children's right to education can be fulfilled fairly and inclusively.
creator: Ahda Syukri
creator: Edi Haskar
creator: Nessa Fajriyana Farda
rights: Copyright (c) 2026 Ahda Syukri, Edi Haskar, Nessa Fajriyana Farda https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-02-21
publication date: 2026-02-21
volume: 4
number: 1
starting page: 187
ending page: 198
doi: 10.59525/rechtsvinding.1425

The Legal Standing And Validity Of Smart Contracts as Assessed Under The Requirements of a Valid Contract in Indonesian Civil Law
type: item
description: This research examines the legal standing and validity of smart contracts under the requirements of a valid contract in Indonesian civil law, particularly within the framework of Article 1320 of the Indonesian Civil Code (Burgerlijk Wetboek), which requires consent, legal capacity, a specific object, and a lawful cause. Using normative juridical research with statutory and conceptual approaches, the study analyzes civil law provisions, regulations on electronic information and transactions, and doctrinal perspectives on digital contract law. The findings indicate that smart contracts can, in principle, fulfill the elements of a valid contract, especially regarding consent and object, as long as the parties’ intentions are identifiable and the contractual terms are sufficiently clear despite being expressed in code. However, challenges remain in assessing legal capacity, ensuring genuine consent, and determining lawful cause, particularly when execution occurs autonomously without direct human involvement. Therefore, although Indonesian civil law allows their recognition, clearer legal interpretation and regulatory development are necessary to ensure legal certainty and protection of the parties.
creator: Chandera Halim
rights: Copyright (c) 2026 Chandera Halim https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-02-21
publication date: 2026-02-21
volume: 4
number: 1
starting page: 199
ending page: 206
doi: 10.59525/rechtsvinding.1424

Recognition of Children Outside of Marriage Reviewed from Positive Law in Indonesia
type: item
description: The recognition of children born out of wedlock remains a significant legal issue within the framework of Indonesian positive law. Children, as subjects of law, are entitled to protection and equal treatment regardless of the circumstances of their birth. However, prior to the Constitutional Court Decision Number 46/PUU-VIII/2010, children born outside lawful marriage were legally recognized as having civil relations only with their mother and her family, resulting in limited access to paternal rights. This normative juridical research employs a statute and conceptual approach to examine the legal regulation and protection of children born out of wedlock under Indonesian law. The study analyzes the Civil Code, the Marriage Law, the Population Administration Law, and relevant Constitutional Court rulings. The findings indicate that, following the Constitutional Court’s decision, children born out of wedlock may establish civil legal relations with their biological father, provided that biological paternity is proven through lawful evidence, including scientific methods such as DNA testing. Nevertheless, practical challenges remain, particularly concerning procedural requirements and judicial discretion, which may hinder full legal protection. Therefore, stronger regulatory harmonization and legal certainty are necessary to ensure comprehensive protection of children’s civil rights.
creator: Muhammad Erdiansyah Ceisar Ramadhan
creator: Wahyu Prawesthi
creator: Sri Sukmana Damayanti
rights: Copyright (c) 2026 Muhammad Erdiansyah Ceisar Ramadhan, Wahyu Prawesthi, Sri Sukmana Damayanti https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-02-24
publication date: 2026-02-24
volume: 4
number: 1
starting page: 207
ending page: 216
doi: 10.59525/rechtsvinding.1432

Problems of Participation Qualification and Sentencing Proportionality in Unlicensed Mineral Mining Offences
type: item
description: Unlicensed tin sand mining activities in East Belitung frequently involve multiple perpetrators with varying roles and degrees of participation. This situation demands the careful application of the participation doctrine (deelneming) to ensure that criminal sentences proportionally reflect each actor's culpability. This study analyzes the accuracy of the deelneming doctrine and the judicial reasoning underlying sentencing in Verdict No. 48/Pid.Sus-LH/2025/PN Tdn and Verdict No. 49/Pid.Sus-LH/2025/PN Tdn. The research employs a normative legal method with a descriptive-analytical character using case, statutory, and conceptual approaches. Findings reveal that prosecutors and judges both applied Article 55 paragraph (1) point 1 of the Criminal Code in conjunction with Article 161 of Law No. 3 of 2020, albeit from different perspectives. The co-perpetrator (medepleger) classification for truck drivers in Verdict No. 48 is inaccurate given the absence of double opzet and meeting of minds. Conversely, the medepleger classification of the tin collector in Verdict No. 49 is correct. Sentencing in both verdicts does not fully reflect the proportional difference in culpability, leaving the legal objectives of justice, utility, and legal certainty insufficiently balanced.
creator: Revaldo Revaldo
creator: Jeanne Darc Noviayanti Manik
creator: Sintong Arion Hutapea
rights: Copyright (c) 2026 Revaldo Revaldo, Jeanne Darc Noviayanti Manik, Sintong Arion Hutapea https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-03-02
publication date: 2026-03-02
volume: 4
number: 1
starting page: 217
ending page: 224
doi: 10.59525/rechtsvinding.1436

The Implementation of Restorative Justice in Tipiring Cases as an Effort to Reduce Suspects in Detention
type: item
description: This study examines the application of restorative justice in handling minor criminal offenses as an effort to reduce the number of detainees in detention centers. The current handling of minor offenses in Indonesia is often considered disproportionate, as imprisonment is frequently imposed despite the relatively small impact of such crimes. This situation contributes to overcrowding in correctional institutions and increases the burden on the criminal justice system. Restorative justice offers an alternative approach that emphasizes dialogue, mediation, and reconciliation between the offender and the victim in order to restore the social relationship that has been disrupted by the crime. This research employs a normative juridical method by analyzing relevant laws, regulations, and legal literature concerning the implementation of restorative justice in Indonesia. The findings indicate that restorative justice can provide a more effective, humane, and efficient solution in resolving minor criminal cases. Through this approach, victims can obtain compensation and a sense of justice, while offenders are given the opportunity to take responsibility and reintegrate into society without the negative stigma of imprisonment. Therefore, restorative justice can serve as an important instrument in reducing the number of detainees and improving the effectiveness of the criminal justice system in Indonesia
creator: Dani Kurniawan
creator: Dedi Wardana Nasoetion
creator: M. Syahrul Borman
rights: Copyright (c) 2026 Dani Kurniawan, Dedi Wardana Nasoetion, M. Syahrul Borman https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-03-05
publication date: 2026-03-05
volume: 4
number: 1
starting page: 225
ending page: 230
doi: 10.59525/rechtsvinding.1438

Sociological Analysis of Islamic Law on Family Resilience in Cases of Psychological Violence in the Household
type: item
description: This study conducts a literature review on the sociological analysis of Islamic law concerning family resilience in cases of psychological violence in the household. Psychological violence, often normalized and invisible, systematically erodes the foundational elements of a healthy family, such as trust, security, and mutual respect. Employing a qualitative approach to library research, this study analyzes how social constructions and distorted understandings of Islamic legal texts perpetuate such violence. The findings reveal that patriarchal culture, reinforced by textual and partial interpretations of concepts like qawwamah and nusyuz, creates unequal power relations that legitimize psychological abuse. This distortion, combined with the victim's lack of awareness and societal silence, severely undermines authentic family resilience. Consequently, achieving genuine family resilience post-violence necessitates a fundamental reconstruction of the marital relationship. This reconstruction requires the perpetrator's acknowledgment of wrongdoing, comprehensive recovery for the victim, equitable role distribution, healthy communication patterns, and constructive conflict management, all grounded in a just and contextual reinterpretation of Islamic values. The study contributes an integrative framework for understanding and addressing psychological violence from a socio-legal perspective.
creator: Mirza Elmy Safira
creator: Soepardi Redjo
rights: Copyright (c) 2026 Mirza Elmy Safira, Soepardi Redjo https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-03-10
publication date: 2026-03-10
volume: 4
number: 1
starting page: 231
ending page: 242
doi: 10.59525/rechtsvinding.1449

The Juridical and Managerial Effectiveness of Piece Rate Work Contracts in Optimising Production Output in the Era of Industry 4.0
type: item
description: Technological advancements in the Industry 4.0 era have significantly transformed personnel management and production systems in several industrial sectors. Businesses must use adaptive work management systems, such as piecework contracts, to increase production and efficiency. Piecework contracts are a type of work arrangement that prioritise employee payment based on the quantity of work they complete, which is expected to encourage increased output and efficiency. However, the implementation of this system also raises questions about managerial effectiveness in practice and compliance with labour law regulations. The purpose of this research is to evaluate the effectiveness of management and labour contract law per unit in maximising production output in the context of Industry 4.0. This research uses a normative legal research method with a legislative approach and a conceptual approach. The data sources used are primary legal materials in the form of legislation, specifically Law Number 13 of 2003 on Manpower as amended by Law Number 11 of 2020 on Job Creation, as well as secondary legal materials in the form of literature, scientific journals, and related documents. Data analysis was conducted qualitatively using a descriptive-analytical method. According to the research findings, unit-output work contracts are legally permitted as long as they meet the fundamental requirements of labour law, which include the agreement of the parties, the nature of the work performed, and the protection of workers' rights. Because it offers direct incentives to achieve production output, the unit-output work contract system is considered successful in improving productivity and work efficiency from a managerial perspective. However, monitoring systems, production quality standards, and transparency in performance evaluation mechanisms all play crucial roles in its effectiveness. According to the study's findings, unit-based work contracts can be a useful tool for maximising p…
creator: Fajar Basuki
rights: Copyright (c) 2026 Fajar Basuki https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-03-13
publication date: 2026-03-13
volume: 4
number: 1
starting page: 243
ending page: 248
doi: 10.59525/rechtsvinding.1453

The Development of Law in Indonesia is Linked to Hans Kelsen's Positivism Theory
type: item
description: The evolution of legal theory from classical to modern periods reveals significant shifts in how law is understood and conceptualized. While earlier legal theories were strongly shaped by philosophical and political thought, modern legal theory is largely developed within frameworks constructed by legal scholars themselves. Legal positivism, particularly Hans Kelsen’s Pure Theory of Law, argues that law must be separated from non-juridical elements such as social, political, historical, and ethical factors. Nevertheless, in the Indonesian context, law cannot be viewed solely through textual norms. Its effectiveness depends on legal culture, law enforcement performance, and supporting infrastructure. This complexity demonstrates the limitations of a purely positivistic approach when applied to a multidimensional legal system. Therefore, the ongoing development of legal philosophy shows that law cannot be confined to statutory texts alone, but must be understood as a living social institution influenced by broader external factors.
creator: Sungguh Raja Sembiring
creator: Heddy Permana Putra
creator: Yuninda Dwi Kartika
creator: Yoga Gustiadi
creator: Dani Durahman
rights: Copyright (c) 2026 Sungguh Raja Sembiring, Heddy Permana Putra, Yuninda Dwi Kartika, Yoga Gustiadi, Dani Durahman https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-03-27
publication date: 2026-03-27
volume: 4
number: 1
starting page: 249
ending page: 256
doi: 10.59525/rechtsvinding.1431

Crowdfunding Misuse as Cybercrime: A Criminal Law Perspective in Indonesia
type: item
description: The rapid development of information technology has led to various innovations in the digital financial sector, one of which is crowdfunding. In principle, crowdfunding is a legitimate fundraising mechanism that provides social and economic benefits. However, in practice, crowdfunding is often misused as a means to commit cybercrime. Such misuse includes fictitious fundraising, misleading information, and the misappropriation of funds collected from the public. This study aims to analyze crowdfunding as a form of cybercrime from the perspective of Indonesian criminal law. The research employs a normative legal method using statutory and conceptual approaches. The findings indicate that unlawful crowdfunding practices may fulfill the elements of criminal offenses, both as conventional fraud and as electronic-based crimes, thereby giving rise to criminal liability for perpetrators, including corporate entities. Therefore, stronger supervision, effective law enforcement, and enhanced digital legal literacy are essential to ensure legal protection for the public.
creator: Nugraha Pranadita
creator: Sungguh Raja Sembiring
creator: Heddy Permana Putra
creator: Yuninda Dwi Kartika
creator: Yoga Gustiadi
creator: Gede Indra Udayana
rights: Copyright (c) 2026 Nugraha Pranadita, Sungguh Raja Sembiring, Heddy Permana Putra, Yuninda Dwi Kartika, Yoga Gustiadi, Gede Indra Udayana https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-03-27
publication date: 2026-03-27
volume: 4
number: 1
starting page: 257
ending page: 264
doi: 10.59525/rechtsvinding.1472

Juridical Analysis of the Sustainability of Marriages Experiencing Prolonged Rifts in the Perspective of Islamic Law and Positive Law in Indonesia
type: item
description: Marriage is a social and legal institution that has the purpose of forming a harmonious and sakinah family. But in practice, not all marriages go according to expectations; Many couples face prolonged conflicts that cause serious rifts. These rifts have negative impacts on individuals, children, and the social environment, and raise juridical questions about the feasibility of the continuation of the marriage. This study aims to juridically analyze the continuity of marriages that have experienced prolonged rifts in the perspective of Islamic law and positive law in Indonesia, as well as to compare the principles and mechanisms of conflict resolution in the two legal systems. This study uses normative legal research methods with statute approach, conceptual approach, and case approach. The statute approach is carried out through the study of Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law (KHI), while the conceptual approach is used to analyze legal principles such as the purpose of marriage, divorce as the ultimate remedium, and sharia maqashid. The case approach is applied by reviewing religious court decisions related to prolonged domestic conflicts. The data are analyzed qualitatively through descriptive-analytical methods to produce systematic and comprehensive conclusions. The results of the study show that both legal systems, both Islamic law and positive law, emphasize the importance of maintaining the integrity of the household for as long as possible, but still provide room for divorce if the goal of marriage cannot be achieved. Islamic law emphasizes the benefits and prevention of harm through ishlah, tahkim, and divorce as a last resort, while Indonesia's positive law emphasizes formal procedures through the courts with consideration of evidence and legal certainty. Thus, decisions regarding the continuation of marriage must consider the balance between justice, benefit, and protection of individual rights.
creator: Faricha Uktuvia
rights: Copyright (c) 2026 Faricha Uktuvia https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-03-30
publication date: 2026-03-30
volume: 4
number: 1
starting page: 265
ending page: 272
doi: 10.59525/rechtsvinding.1476

The Dual Role of Wives in Modern Households to Improve Family Welfare: An Analysis of Maqashid Shari'ah in the Livelihood Status of Working Wives
type: item
description: The fact that the number of wives who work outside the home in terms of modern households or containers raises critical questions about the livelihood status of wives who work under Islamic law. In salaf fiqh, the obligation to provide for the husband is entirely on the shoulders of the husband as the head of the family, regardless of the economic condition of the wife. However, social change requires repeating the discussion in accordance with the current modern conditions. This article aims to analyze the status of the law on providing for workers' wives through the maqaṣhid shariaʿah approach, in order to understand the significance and flexibility of Islamic law to address a modern challenge today. This research is a concept of library research, it can also be called a literature study that uses a qualitative research approach and the data centers used are books and books of salaf and contemporary fiqh (modere) as well as scientific journals. The results of the study show that the basic principle and obligation to provide for the husband to his wife still applies, while maqaṣid shari'ah allows for a form of adjustment based on the principles of tarad'hi (mutual will), benefit, mutual mercy and justice. Thus, the wife's involvement in the family economy does not necessarily disappear or eliminate the right to the wife's maintenance, before there is an explicit agreement and replaces the responsibility. This study suggests the importance of a maqa ṣ hid-based family guidanceto ensure the harmony of Muslim household relations in this modern era.
creator: Sayyidun Najib
rights: Copyright (c) 2026 Sayyidun Najib https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-04-03
publication date: 2026-04-03
volume: 4
number: 1
starting page: 273
ending page: 284
doi: 10.59525/rechtsvinding.1485

A Legal Analysis of the Challenges in Proving Mens Rea in Corporate Criminal Cases Involving Environmental Crimes
type: item
description: Corporations have become dominant economic actors in the modern era, yet their activities often trigger systemic environmental degradation. Proving the subjective element of means rea (guilty mind) in corporate entities remains a fundamental challenge in the Indonesian criminal justice system, which traditionally adhere to individual-based fault. Purpose of the Study: This research aims to analyze the juridical obstacles in proving corporate mens rea within environmental crimes and to evaluate the impact of regulatory shifts following the enactment of the Job Creation Law on evidentiary standards. Methods: This study employs a normative juridical method with statutory, conceptual, and case approaches. Results: The findings indicate that proving corporate mens rea is hindered by complex hierarchical structures, information asymmetry, and the "wilful blindness" of directors. Furthermore, redactorial changes in Article 88 of the Environmental Protection and Management Law (UU PPLH) via the Job Creation Law have created ambiguity regarding the principle of strict liability. However, Supreme Court Regulation (Perma) No. 13 of 2016 provides a procedural solution through functional indicators such as corporate profit and systematic failure to prevent violations. Conclusions: Effective environmental law enforcement requires a paradigm shift from psychological-human intent to organizational-corporate intent. The integration of environmental forensic audits and the adoption of aggregation theory are essential strategies to penetrate the corporate veil and achieve ecological justice.
creator: Hairul Saleh Satrul
rights: Copyright (c) 2026 Hairul Saleh Satrul https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-04-06
publication date: 2026-04-06
volume: 4
number: 1
starting page: 285
ending page: 292
doi: 10.59525/rechtsvinding.1490