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All Journal Rechtsvinding
Sungguh Raja Sembiring
Universitas Langlangbuana
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : rechtsvinding

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The Development of Law in Indonesia is Linked to Hans Kelsen's Positivism Theory Sungguh Raja Sembiring; Heddy Permana Putra; Yuninda Dwi Kartika; Yoga Gustiadi; Dani Durahman
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1431

Abstract

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.
Crowdfunding Misuse as Cybercrime: A Criminal Law Perspective in Indonesia Nugraha Pranadita; Sungguh Raja Sembiring; Heddy Permana Putra; Yuninda Dwi Kartika; Yoga Gustiadi; Gede Indra Udayana
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1472

Abstract

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.
Legal Protection of the Right to a Healthy Environment from Waste Pollution in Indonesia Yuninda Dwi Kartika; Heddy Permana Putra; Asep Kustiwa; Alam Abdurrahman; Sungguh Raja Sembiring
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.2019

Abstract

Waste that is not managed in an environmentally sound manner has become a major source of secondary pollution in Indonesia, affecting soil, water, air quality, public health, and the enjoyment of constitutional environmental rights. This study examines the positive-law framework protecting the public right to a good and healthy environment from waste pollution and evaluates the effectiveness of preventive and repressive legal instruments available to affected communities. The research uses normative legal research with statutory and conceptual approaches. Primary legal materials include the 1945 Constitution, Law No. 32 of 2009 on Environmental Protection and Management, and Law No. 18 of 2008 on Waste Management; secondary materials consist of environmental law scholarship and official institutional reports. The study finds that Indonesian law provides a layered architecture of protection through constitutional environmental rights, environmental approvals, strategic environmental assessment, public participation, administrative sanctions, civil remedies, criminal enforcement, class actions, and Anti-SLAPP protection. Nevertheless, enforcement remains constrained by weak local oversight, conventional end-of-pipe waste governance, high litigation costs, and scientific difficulties in proving causation. The article argues that civil environmental protection should be strengthened through effective application of strict liability and evidentiary mechanisms that reduce the disproportionate burden borne by pollution victims. Such an approach is necessary to improve access to justice and advance environmental justice for communities exposed to waste pollution.
Co-Authors Alam Abdurrahman Asep Kustiwa Dani Durahman Gede Indra Udayana Heddy Permana Putra Nugraha Pranadita Yoga Gustiadi Yuninda Dwi Kartika