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: The Impact of Legal Pluralism on Human Rights Protection in Health Services
items: The Role of Constitutional Law in the Development of A Democratic System of Government and Social Justice in Indonesia
items: Platform Liability as a Personal Data Controller for The Processing of Emergency Contact Data in Fintech Lending Agreements (A Study on The Kredit Pintar Platform)
items: Criminal Sanctions of Unregistered Marriage under Article 402 of Law No. 1 of 2023: Perspectives from Islamic Law and Human Rights
items: Regulations on Reusing Phone Numbers in Indonesia and the European Union
items: Synchronization Between Election Campaign Regulations and University Autonomy Rules
items: Protection of Baby Shamans as Non-Medical Health Workers Reviewed from the Job Creation Law
items: Constitutional Law Accountability for the Forgery of Public Officials' Documents
items: Defense Against Violence Directed at a Third Party: A Comparative Study of Islamic Criminal Law and Indonesian Criminal Law
items: Reconstruction of Certainty and Efficiency-Based Execution of Guarantee Objects: A Legal Comparative Approach
items: Obstacles to Law Enforcement Against Trademark Infringement in E-Commerce Transactions: A Study of the Effectiveness of Law Number 20 of 2016 concerning Trademarks and Geographical Indications
items: The Judge's Authority in Issuing Rehabilitation Decisions for Narcotics Abuse is Reviewed Based on Law No.35 of 2009
items: Reconstruction of Electronic Deed Regulations Based on Legal Certainty and Justice in the Indonesian Notary System
items: Bribery and Justice in Exodus 23:1–9: Implications for Anti-Corruption Frameworks in Indonesia
items: Legal Politics Of The Constitutional Court Decision Number 22/Puu-XV/2017 Concerning The Minimum Age Limit For Marriage
items: Accountability in the Management of Separated State Assets Following the Revision of the State-Owned Enterprises Law: An Analysis of Changes in Danantara's Governance Framework
items: Political Reality in Indonesia from the Perspective of Vilfredo Pareto
items: Legal Construction of Immaterial Compensation for Telecommunication Service Users Due to Violations of Consumer Rights
items: Legal Aspects of Refunding Excess Tax Payments to Consumers
items: Students’ Legal Awareness of Personal Data Protection at AMIK Bukittinggi
items: From Party Autonomy to Algorithmic Autonomy: Reconstructing the Principle of Freedom of Contract in Artificial Intelligence-Generated Contracts
items: Efforts to Prevent Marine Plastic Waste Based on Local Regulations and Participation of Coastal Communities in Semarang City
items: Disclosure of Bank Product Information and the Principle of Bank Secrecy: A Legal Analysis of Customer Protection in Indonesia
items: Non-Conviction Based Asset Forfeiture (NCBAF) as an Asset Recovery Instrument in Indonesia: Juridical Analysis and Justice Perspective

The Impact of Legal Pluralism on Human Rights Protection in Health Services
type: item
description: This research aims to analyze the influence of legal pluralism on the realization of human rights protection within the national health service system and to identify the juridical and sociological obstacles arising from normative conflicts between state law and local customary norms. A normative juridical approach is employed, focusing on the analysis of various regulations, norms, and legal doctrines pertaining to human rights protection in the healthcare system, supported by library research techniques involving primary, secondary, and tertiary legal materials analyzed qualitatively through legal interpretation. Interaction between state law and local norms frequently exhibits a dominative-subordinative pattern that triggers tension, where rigid formal health regulations often clash with beliefs or traditional customs held by local communities. Individuals are often placed in vulnerable positions when forced to choose between formal medical procedures and obedience to customary authority, resulting in various human rights violations such as access discrimination, disregard for informed consent, and the denial of life-saving medical actions that contradict human rights principles. Neglect of this legal pluralism creates a dangerous zone for fundamental human rights, necessitating concrete steps such as policy synchronization, formalization of safe traditional medical practices, strengthening legal literacy, and cross-element dialogue to harmonize state law and local norms, thereby ensuring consistent and equitable rights to health.
creator: Fenti Maya Sari
creator: Syifa Nur Lathifah
creator: I Putu Wahyu Budhi Sucita
creator: Dedi Putra
rights: Copyright (c) 2026 Fenti Maya Sari, Syifa Nur Lathifah, I Putu Wahyu Budhi Sucita, Dedi Putra https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-07
publication date: 2026-07-07
volume: 4
number: 2
starting page: 1
ending page: 8
doi: 10.59525/rechtsvinding.1848

The Role of Constitutional Law in the Development of A Democratic System of Government and Social Justice in Indonesia
type: item
description: This study aims to analyze the role of constitutional law in building a democratic system of government and realizing social justice in Indonesia. This study uses a descriptive qualitative approach with a literature study method as a data collection technique. The data obtained are analyzed through three stages, namely data reduction, data presentation, and drawing conclusions. The focus of this study is to understand how the constitution as the basic law of the state functions to guarantee the principles of democracy and ensure the creation of equitable welfare for the entire community. The results of the study indicate that constitutional law has a crucial role in forming a democratic system of government through the principles of popular sovereignty, separation of powers, supremacy of law, and protection of human rights. The checks and balances mechanism regulated in the constitution is an important instrument in preventing abuse of power and ensuring accountability in state governance. In addition, social justice as a constitutional mandate is realized through policies that are inclusive and oriented towards the welfare of the community, especially for vulnerable groups. However, there are still challenges in the implementation of constitutional law, such as weak law enforcement, social inequality, and corrupt practices that hinder the achievement of substantial democracy and equitable social justice. Thus, efforts to improve through institutional reform, increased transparency, and public participation in policy making are important steps in strengthening the role of constitutional law in Indonesia.
creator: Diana Fitria Ayuningtyas
creator: Rusdianto Rusdianto
creator: Fry Anditya Rahayu Putri Rusadi
rights: Copyright (c) 2026 Diana Fitria Ayuningtyas, Rusdianto Rusdianto, Fry Anditya Rahayu Putri Rusadi https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-08
publication date: 2026-07-08
volume: 4
number: 2
starting page: 9
ending page: 18
doi: 10.59525/rechtsvinding.1851

Platform Liability as a Personal Data Controller for The Processing of Emergency Contact Data in Fintech Lending Agreements (A Study on The Kredit Pintar Platform)
type: item
description: The development of financial technology lending (fintech lending) drives service providers to collect and process users' personal data, including the personal data of emergency contacts as part of loan application requirements. In practice, the processing of emergency contact personal data is conducted based on standard clauses that require users to state that they have obtained consent from the party registered as an emergency contact and transfer certain liabilities to the user. This condition raises issues regarding the validity of personal data processing and the platform's liability as a Personal Data Controller under Law Number 27 of 2022 concerning Personal Data Protection. This research aims to analyze the validity of the processing of emergency contact personal data in the fintech lending agreement of the Kredit Pintar Platform based on Law Number 27 of 2022 concerning Personal Data Protection and to analyze the platform's liability as a Personal Data Controller for the processing of emergency contact personal data. This research utilizes a normative legal research method with a statute approach, a conceptual approach, and a contract study approach. Legal materials were obtained through a literature study and analyzed qualitatively using a prescriptive method. The results of the research indicate that the validity of processing emergency contact personal data is insufficient if it is merely based on the user's statement of having obtained consent from the emergency contact, but must satisfy a lawful basis for processing as well as the principles of personal data protection as regulated in the Personal Data Protection Law. Furthermore, the platform as a Personal Data Controller retains legal liability for the processing of emergency contact personal data; thus, clauses transferring liability to the user do not eliminate the platform's legal obligations to protect the rights of the Personal Data Subject.
creator: Raka Haikal Anfasya
creator: Andriyanto Adhi Nugroho
creator: Iwan Erar Joesoef
rights: Copyright (c) 2026 Raka Haikal Anfasya, Andriyanto Adhi Nugroho, Iwan Erar Joesoef https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-09
publication date: 2026-07-09
volume: 4
number: 2
starting page: 19
ending page: 26
doi: 10.59525/rechtsvinding.1856

Criminal Sanctions of Unregistered Marriage under Article 402 of Law No. 1 of 2023: Perspectives from Islamic Law and Human Rights
type: item
description: Nikah siri (unregistered marriage) is a marriage that fulfills the essential elements and conditions required by Islamic law but is not registered with the competent authority as required by statutory regulations. The enactment of Article 402 of Law Number 1 of 2023 concerning the Criminal Code has generated debate due to the introduction of criminal sanctions related to marriage registration. This study analyzes the criminal sanctions under Article 402 and examines their compatibility with Islamic law and human rights principles. Employing normative legal research with statutory, conceptual, and comparative approaches, the study relies on primary, secondary, and tertiary legal materials analyzed through a descriptive-analytical method. The findings show that the criminal sanctions represent a criminalization policy intended to ensure legal certainty, orderly marriage administration, and the protection of women and children. From the perspective of Islamic law, nikah siri remains religiously valid because it fulfills the essential elements and conditions of marriage, while marriage registration serves as a maslahah instrument consistent with the objectives of Maqasid al-Sharia, particularly the protection of lineage, honor, and property. From a human rights perspective, the regulation is acceptable insofar as its implementation complies with the principles of legality, proportionality, freedom of religion, and the right to form a family. Therefore, Article 402 should be enforced proportionately to balance legal certainty, justice, public interest, and human rights protection
creator: Awwaliyatul Ilmi
creator: Fathullah Rusly
creator: Abd. Hannan
rights: Copyright (c) 2026 Awwaliyatul Ilmi, Fathullah Rusly, Abd. Hannan https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-10
publication date: 2026-07-10
volume: 4
number: 2
starting page: 27
ending page: 34
doi: 10.59525/rechtsvinding.1857

Regulations on Reusing Phone Numbers in Indonesia and the European Union
type: item
description: The practice of reusing (recycling) expired mobile phone numbers is an administrative necessity for the sake of limited numbering efficiency. However, in the digital ecosystem, this phenomenon poses a residual data risk that threatens constitutional privacy rights because new numbers are often still linked to the old owner's bank accounts and social media. This study aims to analyze the legal construction of phone number reuse from the perspective of personal data protection and to formulate the form of legal accountability of telecom providers for the damages caused. The research used a normative juridical method with a statute approach, a conceptual approach, and a comparative approach. The study found a conflict between Minister of Communication and Informatics Regulation No. 14 of 2018, which focuses on numbering efficiency, and Law No. 27 of 2022 on Personal Data Protection (PDP Law). Telecom operators, as Data Controllers, have a legal responsibility to apply the right to erasure before giving out phone numbers again. If they don't make sure a number is 'clean,' they can be sued in civil court for breach of contract (Article 1239 of the Civil Code) or for unlawful acts (Article 1365 Civil Code in conjunction with Article 12 of the PDP Law). This study recommends reconstructing sectoral regulations by adopting the Privacy by Design principle through providing interconnection clearing Application Programming Interface (API) infrastructure across platforms to ensure legal certainty and consumer protection.
creator: Nazzarina Saharani
creator: Adfiyanti Adfiyanti
creator: Rahmia Rachman
rights: Copyright (c) 2026 Nazzarina Saharani, Adfiyanti Adfiyanti, Rahmia Rachman https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-10
publication date: 2026-07-10
volume: 4
number: 2
starting page: 35
ending page: 44
doi: 10.59525/rechtsvinding.1859

Synchronization Between Election Campaign Regulations and University Autonomy Rules
type: item
description: The Constitutional Court's decision that allows election campaigning in academic settings sparks an existential dilemma for educational institutions, where the line between maintaining political neutrality and upholding campus autonomy becomes blurry, leading to legal uncertainty. This normative legal research aims to analyze the synchronization of election campaign regulations with university autonomy, as well as to examine the implementation and impact of enforcing neutrality rules. Using Hans Kelsen's Stufenbau Theory and Lawrence Friedman's Legal Effectiveness Theory, this study looks into the tension between the norms of Law No. 7 of 2017 on Elections and Law No. 12 of 2012 on Higher Education. Research results show that there is horizontal antinomy at the law level, which triggers legal dualism. Although the Constitutional Court Decision No. 69/PUU-XXII/2024 has mitigated this tension through conditional campaigns with the Rector's permission, vertical misalignment still occurs in KPU Regulations that contain complicated administrative restrictions, making them materially flawed (lex superior derogat legi inferiori). On the other hand, a total ban on campaigning through college statutes is seen as hierarchical disobedience (normative disobedience). From a legal effectiveness perspective, enforcing neutrality has not been effective and is subordinate due to gaps in the law (leemten in het recht) in the legal substance, overlapping authority between Bawaslu, BKN, and the Rectorate in the legal structure, and the emergence of a chilling effect and self-censorship in the academic community’s legal culture, which will threaten the campus as a laboratory of democracy.
creator: Nabilah Qonita Maharani
creator: Imran Imran
creator: Mohammad Safrin
rights: Copyright (c) 2026 Nabilah Qonita Maharani, Imran Imran, Mohammad Safrin https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-11
publication date: 2026-07-11
volume: 4
number: 2
starting page: 45
ending page: 58
doi: 10.59525/rechtsvinding.1866

Protection of Baby Shamans as Non-Medical Health Workers Reviewed from the Job Creation Law
type: item
description: Law Number 36 of 2014 concerning Health Workers stipulates that health workers must have formal education, competence, registration, and practice licenses. This provision causes baby shamans to not be recognized as official health workers, even though they still play a role in public health services based on local wisdom. This study aims to analyze the legal protection of baby shamans as non-medical health workers reviewed from the Job Creation Law. The research uses a qualitative method with a juridical sociological approach through interviews, observations, and documentation studies. The results of the study show that the legal position of baby shamans is still weak juridically, but strong sociologically. Legal protection from the perspective of the Job Creation Law is still normative and not optimal because it has not been supported by technical regulations that regulate legality, work safety, competence, welfare, and partnerships comprehensively. Its implementation also faces regulatory constraints, institutions, policy implementation, socio-cultural, economic, and limited access to information. Therefore, harmonization is needed through the recognition of local wisdom, strengthening partnerships with health workers, drafting more responsive regulations, and sustainable coaching. This study concludes that legal protection for baby shamans is still not optimal, so a more specific, integrated, and sustainable policy is needed.
creator: Anita Fitria
rights: Copyright (c) 2026 Anita Fitria https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-12
publication date: 2026-07-12
volume: 4
number: 2
starting page: 59
ending page: 68
doi: 10.59525/rechtsvinding.1868

Constitutional Law Accountability for the Forgery of Public Officials' Documents
type: item
description: The authenticity of documents submitted by public officials constitutes a fundamental element of constitutional governance, administrative legitimacy, and the rule of law. In a democratic legal system, official documents serve not merely as administrative requirements but also as instruments that establish public trust and validate the constitutional authority exercised by state officials. The emergence of allegations involving forged educational or identity documents has raised significant constitutional and administrative concerns, as such misconduct extends beyond criminal liability and directly affects the legitimacy of public office and democratic governance. This study aims to examine the forms of constitutional law accountability applicable to public officials involved in document forgery and to analyze the existing mechanisms for administrative verification and legal responsibility within the Indonesian constitutional framework. The research employs a normative legal method using statutory, conceptual, and case approaches. Primary legal materials consist of the 1945 Constitution of the Republic of Indonesia, Law Number 30 of 2014 concerning Government Administration, Law Number 7 of 2017 concerning General Elections, the Indonesian Criminal Code, and relevant electoral regulations, which are examined through qualitative legal analysis using grammatical, systematic, and teleological interpretation. The findings indicate that constitutional accountability may be implemented through three principal mechanisms: administrative sanctions, the revocation or annulment of administrative decisions based on the contrarius actus principle, and judicial review before the State Administrative Court (Pengadilan Tata Usaha Negara). Nevertheless, the absence of an integrated verification system among state institutions creates legal uncertainty and weakens preventive oversight. This study concludes that strengthening institutional coordination, enhancing the authority of ele…
creator: Ibrohim Ibrohim
rights: Copyright (c) 2026 Ibrohim Ibrohim https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-13
publication date: 2026-07-13
volume: 4
number: 2
starting page: 69
ending page: 78
doi: 10.59525/rechtsvinding.1874

Defense Against Violence Directed at a Third Party: A Comparative Study of Islamic Criminal Law and Indonesian Criminal Law
type: item
description: Defense of a third party is an act carried out by an individual to protect another person from unlawful attacks or threats. In practice, such actions often create legal dilemmas because they may fulfill the elements of a criminal offense despite being intended to protect victims. This study aims to analyze the concept of third-party defense in Indonesian criminal law and Islamic criminal law, identify their similarities and differences, and examine their implications for law enforcement in Indonesia. This research employs a normative juridical method with statutory, conceptual, and comparative approaches. Data were collected through library research involving legislation, legal literature, scientific journals, and Islamic legal sources such as the Qur’an, Hadith, and scholars’ opinions. The findings indicate that Indonesian criminal law recognizes defense of others through the concept of noodweer, emphasizing objective elements such as unlawful attacks, necessity, and proportionality. Islamic criminal law recognizes third-party defense through the principles of hifz al-nafs and maqashid al-syari’ah by considering intention, public benefit, and prevention of harm. The similarity lies in the recognition of the right to defend others, while the difference lies in their philosophical foundations and assessment parameters. This study contributes a conceptual framework for third-party defense that integrates legal certainty, justice, and social benefit.
creator: Holik Holik
creator: Abu Yazid Adnan Quthny
creator: Abd Hannan
rights: Copyright (c) 2026 Holik Holik, Abu Yazid Adnan Quthny, Abd Hannan https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-13
publication date: 2026-07-13
volume: 4
number: 2
starting page: 79
ending page: 90
doi: 10.59525/rechtsvinding.1876

Reconstruction of Certainty and Efficiency-Based Execution of Guarantee Objects: A Legal Comparative Approach
type: item
description: The execution of the object of collateral is a crucial phase in the material guarantee legal system because it determines the effectiveness of creditor protection and legal certainty in settling receivables. In Indonesian law, the Right of Dependency is designed as a guarantee instrument that gives preferential position and executory power to creditors. However, practice shows that the mechanism for the execution of the collateral object has not been fully implemented definitively and efficiently, and often even gives rise to further disputes. This study aims to analyze the structural problems of the execution of collateral objects in Indonesia and formulate a reconstruction of the execution mechanism based on legal certainty and efficiency through a comparative legal approach. This research uses normative legal research methods with legislative, conceptual, case, and comparative legal approaches. The results of the study show that the uncertainty of execution is caused by conflicts between legal regimes, ambiguity of execution norms, weak protection in execution auctions, and pre-execution problems related to the binding of guarantees. Through comparison with practices in other countries, this study found that the certainty and efficiency of execution can only be realized through coherent system design, post-execution dispute resolution, and harmonization between legal regimes. This research offers a reconstruction model of the execution of the collateral object that affirms the final character of the execution, strengthens the protection of parties in good faith, and integrates the principles of legal certainty and efficiency as a normative framework. This reconstruction is expected to be a reference for the renewal of the law on the execution of material guarantees in Indonesia
creator: Basyarudin Basyarudin
creator: Sahrul Hanafi
rights: Copyright (c) 2026 Basyarudin Basyarudin, Sahrul Hanafi https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-14
publication date: 2026-07-14
volume: 4
number: 2
starting page: 91
ending page: 100
doi: 10.59525/rechtsvinding.1849

Obstacles to Law Enforcement Against Trademark Infringement in E-Commerce Transactions: A Study of the Effectiveness of Law Number 20 of 2016 concerning Trademarks and Geographical Indications
type: item
description: This study examines the challenges of enforcing trademark law in Indonesia amid the rapid growth of e-commerce. Trademark infringement in digital transactions not only causes economic losses for brand owners but also exposes limitations in the effectiveness of Law Number 20 of 2016 concerning Trademarks and Geographical Indications. Using a normative juridical method with legislative, conceptual, and case approaches, the research analyzes primary legal materials (laws and court decisions), supported by secondary and tertiary sources. Data are analyzed qualitatively through reduction, presentation, and conclusion drawing. The findings reveal several key obstacles. First, technical barriers include limited infrastructure and inadequate digital forensic capabilities to detect and prove online violations. Second, capacity constraints arise from the insufficient understanding of law enforcement officials regarding technology-based infringement models. Third, jurisdictional complexities and cross-border trade present significant challenges, as e-commerce transactions often involve multiple legal systems, leading to conflicts of jurisdiction. The study concludes that the effectiveness of Law Number 20 of 2016 remains limited in addressing trademark protection in the digital era. To improve enforcement, it recommends strengthening derivative regulations, enhancing the technical and legal capacity of law enforcement agencies, and fostering international cooperation to address cross-border legal issues. These measures are essential to ensure more effective trademark protection in Indonesia’s evolving digital economy.
creator: Eko Bambang Rahmono
creator: Edy Mulyanto
creator: Desi Ratnasari
rights: Copyright (c) 2026 Eko Bambang Rahmono, Edy Mulyanto, Desi Ratnasari https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-14
publication date: 2026-07-14
volume: 4
number: 2
starting page: 101
ending page: 110
doi: 10.59525/rechtsvinding.1902

The Judge's Authority in Issuing Rehabilitation Decisions for Narcotics Abuse is Reviewed Based on Law No.35 of 2009
type: item
description: The authority of judges to impose rehabilitation decisions for narcotics abusers constitutes a crucial component of a justice system oriented toward protection and recovery. Under Law Number 35 of 2009 on Narcotics, particularly Articles 54, 103, and 127, judges are empowered to order medical and/or social rehabilitation for addicts and victims of abuse. This framework reflects a shift from a purely punitive approach to one that emphasizes therapeutic and restorative justice. This study analyzes the legal basis of such authority and finds that judicial discretion is applied within clear normative limits. Decisions must be supported by integrated assessment results, evidence that the defendant is an abuser or addict, and confirmation of non-involvement in illicit trafficking networks. In practice, judges consider juridical, sociological, and psychological factors when determining whether rehabilitation or imprisonment is appropriate. The findings highlight that rehabilitation decisions play a strategic role in achieving the broader objectives of criminal law, including recovery, prevention, and reduction of recidivism. Judges act as key actors in balancing legal certainty, utility, and justice. Effective implementation requires consistent application of legal norms, strong inter-agency coordination, and robust assessment mechanisms. Ultimately, rehabilitation serves not only as a legal instrument but also as a means of protecting human rights and facilitating the social reintegration of offenders.
creator: Eka Kurniawatie
rights: Copyright (c) 2026 Eka Kurniawatie https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-15
publication date: 2026-07-15
volume: 4
number: 2
starting page: 111
ending page: 120
doi: 10.59525/rechtsvinding.1905

Reconstruction of Electronic Deed Regulations Based on Legal Certainty and Justice in the Indonesian Notary System
type: item
description: The transformation of information technology has driven the digitalization of notarial services, including the growing use of electronic deeds in various legal transactions. However, the regulation of electronic deeds in Indonesia still raises legal certainty issues due to the lack of integration of provisions in the Notary Law with the Electronic Information and Transactions Law. This study aims to examine the regulation of electronic deeds, assess their evidentiary strength, and formulate a regulatory reconstruction model based on legal certainty and justice. The study uses normative legal methods with a statutory, conceptual, and case approach, through a qualitative analysis of primary, secondary, and tertiary legal materials. The results of the study indicate that the regulation of electronic deeds is still scattered and does not clearly regulate the form, procedures for making, and the status of evidence. Therefore, regulatory harmonization, explicit recognition of electronic deeds as authentic deeds under certain conditions, implementation of digital security standards, and affirmation of notary responsibilities are needed to create legal protection and justice for the parties.
creator: Marsella Marsella
creator: Rafiqi Rafiqi
rights: Copyright (c) 2026 Marsella Marsella, Rafiqi Rafiqi https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-16
publication date: 2026-07-16
volume: 4
number: 2
starting page: 121
ending page: 130
doi: 10.59525/rechtsvinding.1914

Bribery and Justice in Exodus 23:1–9: Implications for Anti-Corruption Frameworks in Indonesia
type: item
description: This article examines the prohibition of bribery and the mandate for impartial justice in Exodus 23:1–9, exploring its theological-ethical foundations and implications for anti-corruption frameworks in Indonesia. Employing literary-rhetorical analysis and contextual hermeneutics, the study investigates the pericope's chiastic structure, legal setting, and Hebrew terminology—particularly šōḥad (bribe) and ṣedeq (justice). The findings demonstrate that the text reframes bribery not as a procedural violation but as a theological offense that distorts judicial perception, subverts righteousness, and fractures communal integrity. Uniquely, the injunction is anchored in Israel's collective memory of Egyptian oppression (v. 9), grounding justice in empathetic solidarity—a dimension largely absent from modern anti-corruption discourse. The article contends that Exodus 23:1–9 offers a robust ethical paradigm for reinvigorating anti-corruption efforts in Indonesia, providing moral resources for reinforcing judicial integrity, protecting the vulnerable, and fostering ethical formation among public officials. By bridging biblical ethics with contemporary governance challenges, this study demonstrates that the ancient text's vision of justice—rooted in impartiality, compassion, and collective memory—constitutes a transformative framework for addressing systemic corruption in Indonesia's judicial institutions.
creator: Sukanto Limbong
creator: Daniel Razsekar Panjaitan
rights: Copyright (c) 2026 Sukanto Limbong, Daniel Razsekar Panjaitan https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-19
publication date: 2026-07-19
volume: 4
number: 2
starting page: 131
ending page: 140
doi: 10.59525/rechtsvinding.1930

Legal Politics Of The Constitutional Court Decision Number 22/Puu-XV/2017 Concerning The Minimum Age Limit For Marriage
type: item
description: This research reviews 2 problem formulations, First, how is the history of the regulation of the minimum age limit for marriage before the Constitutional Court Decision No. 22 / PUU- XV / 2017? Second, how is the legal policy of the minimum age limit for marriage after the Constitutional Court Decision No. 22 / PUU- XV / 2017? To be able to review the case, this research procedure is used with a normative legal study that uses a historical approach and laws, where the data sources used are secondary information sources. Based on the research and reviews conducted, the following results were obtained: Initially, the history of setting minimum marriage age limits in Indonesia began before the Dutch colonial era. At that time, the applicable marriage law was based on each individual's religious law. Later, during the Dutch occupation, ethnicity-based classifications were implemented, with each group having its own specific rules. During the Old Order, Law No. 22 of 1946 concerning Marriage Registration, Divorce, and Reconciliation (hereinafter referred to as NTR) was enacted. During the New Order, Law No. 1 of 1974 concerning Marriage was enacted, followed by its first revision during the reform era, Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage. Second, the political will of the state government is a determining factor in the direction of the law, including the determination of minimum marriage age limits.
creator: Khoirul Anwar
creator: Dhyan Andika Irawan
creator: Ahmad Rifai
creator: Sofyetin Atiana
rights: Copyright (c) 2026 Khoirul Anwar, Dhyan Andika Irawan, Ahmad Rifai, Sofyetin Atiana https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-20
publication date: 2026-07-20
volume: 4
number: 2
starting page: 141
ending page: 148
doi: 10.59525/rechtsvinding.1942

Accountability in the Management of Separated State Assets Following the Revision of the State-Owned Enterprises Law: An Analysis of Changes in Danantara's Governance Framework
type: item
description: The enactment of Law Number 1 of 2025 concerning the Third Amendment to Law Number 19 of 2003 on State-Owned Enterprises established the Daya Anagata Nusantara Investment Management Agency (Danantara), transforming the governance of separated state assets in Indonesia. This study examines the impact of changes in the institutional structure, the expansion of Danantara’s authority, and the supervisory mechanism on the accountability of separated state assets management. Using a normative juridical method with statutory and conceptual approaches, this research analyzes relevant legislation, legal doctrines, and legal literature. The findings indicate that Danantara has shifted the governance model from entity-based management to an integrated investment holding structure, resulting in broader investment authority and a more complex accountability framework. The supervisory mechanism has also evolved from entity-based supervision to group-based supervision, requiring stronger transparency, auditability, traceability, and clearer institutional responsibilities. This study concludes that accountable management of separated state assets depends on a clear allocation of authority, effective supervision, and the consistent implementation of good corporate governance principles.
creator: Iwan Ridwan Waluya
creator: Siti Musriah
creator: Alif Nurfuadi
creator: Ksatria Bintang Fortuna
creator: Riski Saputra Hutabarat
rights: Copyright (c) 2026 Iwan Ridwan Waluya, Siti Musriah, Alif Nurfuadi, Ksatria Bintang Fortuna, Riski Saputra Hutabarat https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-23
publication date: 2026-07-23
volume: 4
number: 2
starting page: 149
ending page: 162
doi: 10.59525/rechtsvinding.1951

Political Reality in Indonesia from the Perspective of Vilfredo Pareto
type: item
description: According to Wilfredo Pareto, a sociologist, history demonstrates a continuous circulation of elites. This circulation occurs through two processes: the movement of individuals from lower social strata to higher social strata, and the replacement of governing elites by previously non-governing elites. When an elite group enters a position of political power, another elite group must leave that position. However, social theories such as Pareto’s elite circulation theory often encounter contradictions when confronted with empirical realities. The same situation occurs with Wilfredo Pareto’s theory of elite circulation when it is examined within the context of political reality in Indonesia. Empirical evidence indicates that political parties in Indonesia have not experienced effective elite circulation; instead, they tend to demonstrate practices of dynastic politics. This phenomenon can be observed during general elections and regional elections, where political candidates often consist of the same individuals or groups repeatedly. This study aims to examine Wilfredo Pareto’s elite circulation theory, analyze criticisms from other sociologists regarding Pareto’s theoretical perspective, and investigate how Pareto’s theory applies within Indonesian society. This research employs a library research method, namely research conducted by collecting relevant literature regarding Wilfredo Pareto’s elite circulation theory and subsequently describing and analyzing the collected data. The results indicate that, according to Pareto, political and governmental systems should experience changes, rotation, and movement among elites. Nevertheless, when applied to the Indonesian political context, Pareto’s theory appears to contradict reality. Indonesia demonstrates characteristics of dynastic politics, where individuals who are able to access political leadership and governmental positions are frequently those who possess close relationships with political party leaders. Consequen…
creator: Muhammad Sifa Fauzi Yulianis
creator: Widia Ari Susanti
rights: Copyright (c) 2026 Muhammad Sifa Fauzi Yulianis, Widia Ari Susanti https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-24
publication date: 2026-07-24
volume: 4
number: 2
starting page: 163
ending page: 174
doi: 10.59525/rechtsvinding.1950

Legal Construction of Immaterial Compensation for Telecommunication Service Users Due to Violations of Consumer Rights
type: item
description: The development of information and communication technology has made telecommunications services a vital necessity in people's lives. The high dependence on telecommunications services requires providers to ensure the availability of quality, safe, continuous services that comply with consumer rights. However, in practice, telecommunications service users still have the potential to experience losses due to service disruptions, system failures, misuse of personal data, information leaks, or disproportionate service terminations. These losses are not only material but can also include immaterial losses, such as discomfort, anxiety, loss of security, disruption of privacy, and psychological stress. This study aims to analyze the legal construction of providing compensation for immaterial losses to telecommunications service users due to violations of consumer rights. This study uses a normative juridical method with a statutory and conceptual approach. The results show that the legal liability of telecommunications service providers can be constructed through an integration of consumer protection law, civil law, telecommunications law, and personal data protection. However, there are no comprehensive parameters regarding the proof and assessment of immaterial losses. Therefore, it is necessary to strengthen the legal construction oriented towards the restoration of rights, legal certainty, and substantive justice for consumers
creator: Putri Handayani Nasution
rights: Copyright (c) 2026 Putri Handayani Nasution https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-26
publication date: 2026-07-26
volume: 4
number: 2
starting page: 175
ending page: 188
doi: 10.59525/rechtsvinding.1961

Legal Aspects of Refunding Excess Tax Payments to Consumers
type: item
description: Consumption tax plays a strategic role as a source of state revenue that supports development financing and the implementation of government functions. In its implementation, there is a possibility of tax payments exceeding the amount due due to administrative errors, miscalculations, changes or cancellations of transactions, and corrections to the tax base. Legal issues arise when consumers, as the parties who economically bear the tax burden, do not have a transparent, easily accessible, and certain refund mechanism. This study aims to examine the regulations and mechanisms for refunding excess tax payments to consumers from the perspective of legal certainty and fiscal justice. This study uses a normative legal research method with a statutory and conceptual approach. The results show that the refund mechanism tends to focus on those who are formally recognized as taxpayers or those who make payments. This situation has the potential to create an imbalance between the formal recipients of refunds and those who actually bear the tax burden. Therefore, strengthening verification mechanisms, transparency, and proportional refunds is necessary to protect consumer rights and achieve fiscal justice.
creator: Azwir Agus
rights: Copyright (c) 2026 Azwir Agus https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-26
publication date: 2026-07-26
volume: 4
number: 2
starting page: 189
ending page: 200
doi: 10.59525/rechtsvinding.1963

Students’ Legal Awareness of Personal Data Protection at AMIK Bukittinggi
type: item
description: The development of digital technology in higher education institutions has increased the use of academic information systems while also raising the risk of misuse of students’ personal data; therefore, legal awareness is needed to support the implementation of Law No. 27 of 2022 on Personal Data Protection. This study aims to analyze the level of students’ legal awareness regarding personal data protection at AMIK Bukittinggi. The study employed a quantitative approach with a descriptive design involving 76 students selected through total sampling. Data were collected using a Likert-scale questionnaire that measured four dimensions of legal awareness: knowledge, understanding, attitude, and legal behavior. The instrument was found to be valid and highly reliable (Cronbach’s Alpha = 0.894), while data analysis was conducted using descriptive statistics. The results indicate that students’ level of legal awareness falls into the high category with an average score of 76.76; 75.00% of respondents fell into the high and very high categories. All dimensions of legal awareness also fell into the high category, with the legal behavior dimension achieving the highest average score, while the legal attitude dimension had the lowest average score. These findings suggest that students possess a good level of legal awareness regarding the protection of personal data. This study provides an empirical contribution to the development of research on legal awareness and serves as a foundation for universities to strengthen policies and digital legal literacy programs to support the implementation of personal data protection.
creator: Roslaili Roslaili
rights: Copyright (c) 2026 Roslaili Roslaili https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-28
publication date: 2026-07-28
volume: 4
number: 2
starting page: 201
ending page: 210
doi: 10.59525/rechtsvinding.1969

From Party Autonomy to Algorithmic Autonomy: Reconstructing the Principle of Freedom of Contract in Artificial Intelligence-Generated Contracts
type: item
description: The increasing use of artificial intelligence in drafting, reviewing, and negotiating contracts challenges the traditional conception of freedom of contract, which is founded on the autonomous will, informed consent, and equal bargaining position of the contracting parties. This study examines whether contracts generated or substantially shaped by artificial intelligence can still be regarded as genuine expressions of party autonomy and seeks to reconstruct the principle of freedom of contract in response to the emergence of algorithmic autonomy. The research employs a normative legal method using statutory, conceptual, and comparative approaches, supported by an analysis of contract law doctrines, electronic transaction regulations, and contemporary principles of artificial intelligence governance. The study finds that an artificial intelligence-generated contract may remain legally valid when the system functions merely as an instrument acting within parameters determined by legally competent parties. Nevertheless, formal consent alone is insufficient to demonstrate genuine contractual freedom when parties do not understand the operation of the artificial intelligence system, the origin of the generated clauses, or the legal risks arising from algorithmic errors, bias, and unequal technological capacity. The study proposes a reconstructed model of freedom of contract based on meaningful human control, informed algorithmic consent, transparency regarding the use of artificial intelligence, the ability to review and modify generated clauses, and clear attribution of responsibility for technological errors. It concludes that algorithmic autonomy should not replace party autonomy but must remain subordinate to human intention, fairness, accountability, and the protection of contracting 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: 2026-07-28
publication date: 2026-07-28
volume: 4
number: 2
starting page: 211
ending page: 226
doi: 10.59525/rechtsvinding.1971

Efforts to Prevent Marine Plastic Waste Based on Local Regulations and Participation of Coastal Communities in Semarang City
type: item
description: Marine plastic waste pollution is an increasingly urgent environmental problem in Semarang City, characterized by the increasing accumulation of plastic in coastal areas and marine waters which has an impact on ecosystem degradation, decline in the quality of fishery resources, and socio-economic vulnerability of fishing communities. This condition is triggered by high industrial and coastal economic activity, population density, and weak source-based waste management and low involvement of coastal communities. The urgency of preventing marine plastic waste requires a legal approach that not only focuses on regulations, but also on strengthening community participation as the main actor in coastal areas. This study aims to analyze the adequacy of local regulations in Semarang City in preventing marine plastic waste and formulate a prevention model based on regulations and participation of coastal communities. The research method used is normative juridical with legislative, conceptual, and policy approaches. Legal materials include laws and regulations in the field of waste management and the environment as well as relevant scientific literature. The results of the study show that regional regulations in Semarang City have not been specifically and integrated to regulate the prevention of marine plastic waste, and have not optimally accommodated the strategic role of coastal communities. This study concludes that the prevention of marine plastic waste needs to be directed at the harmonization of regional regulations, strengthening local institutions, and increasing the participation of coastal communities through community-based education, incentives, and supervision to realize sustainable and environmentally fair management of marine plastic waste.
creator: Novia Mungawanah
rights: Copyright (c) 2026 Novia Mungawanah https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-30
publication date: 2026-07-30
volume: 4
number: 2
starting page: 227
ending page: 236
doi: 10.59525/rechtsvinding.1976

Disclosure of Bank Product Information and the Principle of Bank Secrecy: A Legal Analysis of Customer Protection in Indonesia
type: item
description: This study examines the legal issues between the obligation to transparency in banking products and the protection of customer confidentiality in the Indonesian legal system. Information disclosure is necessary to guarantee consumers' rights to obtain adequate explanations regarding the benefits, costs, and risks of bank products, while bank confidentiality serves to maintain the security of customer data. Using a normative juridical method through statutory, conceptual, and case approaches, this study is analyzed using the theories of justice, legal certainty, and consumer protection. The results of the study indicate that regulations regarding transparency in banking products are available in the Banking Law and OJK regulations, but their implementation has not fully placed customers on an equal footing with banks. The main obstacles lie in differences in public understanding and the lack of uniform standards for conveying product information. Therefore, regulatory harmonization, strengthening of market behavior supervision by the OJK, and the development of simpler information standards are needed to improve customer protection and public trust in the banking sector.
creator: Alvin Hamzah Nasution
creator: Sugih Ayu Pratitis
rights: Copyright (c) 2026 Alvin Hamzah Nasution, Sugih Ayu Pratitis https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-07-31
publication date: 2026-07-31
volume: 4
number: 2
starting page: 237
ending page: 246
doi: 10.59525/rechtsvinding.1983

Non-Conviction Based Asset Forfeiture (NCBAF) as an Asset Recovery Instrument in Indonesia: Juridical Analysis and Justice Perspective
type: item
description: The confiscation of assets resulting from criminal acts is an important instrument in supporting the eradication of crime oriented to economic profit. This research focuses on a juridical analysis of the Non-Conviction Based Asset Forfeiture (NCBAF) mechanism as an instrument of asset forfeiture without a criminal verdict and its relevance in realizing justice in the Indonesian legal system. The purpose of the study is to analyze the legal basis, implementation mechanism, and potential of NCBAF in supporting the effectiveness of asset recovery. This research uses normative legal methods with laws and regulations, conceptual, and case approaches. Data were obtained through literature studies on primary, secondary, and tertiary legal materials, then analyzed qualitatively by descriptive-analytical methods. The results show that NCBAF has a normative foundation in UNCAC, UNTOC, and FATF recommendations, but has not been comprehensively regulated in the Indonesian legal system. The implications of the study confirm the need for special regulations regarding NCBAF to strengthen the effectiveness of asset recovery while ensuring legal certainty, protection of property rights, and the principle of due process of law.
creator: Wahyudi Wahyudi
creator: Muhammad Islahuddin
rights: Copyright (c) 2026 Wahyudi Wahyudi, Muhammad Islahuddin https://creativecommons.org/licenses/by/4.0
license: https://creativecommons.org/licenses/by/4.0
date: 2026-08-04
publication date: 2026-08-04
volume: 4
number: 2
starting page: 247
ending page: 258
doi: 10.59525/rechtsvinding.1991