Claim Missing Document
Check
Articles

Found 2 Documents
Search
Journal : rechtsvinding

Reconstruction of Criminal Liability in Infanticide of Children Born out of Wedlock A Juridical Feminism Perspective Yuni Ristanti; Atika Zahra Nirmala
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1723

Abstract

The phenomenon of infanticide involving children born out of wedlock reflects not merely individual conduct but a complex interplay of psychological pressure, social stigma, and gender inequality. This study aims to analyze the regulation of infanticide under the Indonesian Criminal Code, examine the ambiguity of the phrase “fear of being discovered by others,” and assess criminal liability from a feminist legal perspective, including the role of the biological father. This research employs a normative legal method with statutory and conceptual approaches. The findings indicate that Article 460 constitutes a delictum proprium that designates the mother as the offender based on biological conditions. However, its formulation remains partial and fails to address underlying structural factors. The phrase “fear of being discovered by others” is vague and may lead to interpretative disparities. From a feminist legal perspective, the provision reproduces gender inequality by concentrating liability on women, while the role of the biological father remains insufficiently addressed. Accordingly, reconstructing criminal liability to incorporate the role of the biological father and broader social factors is necessary to achieve gender-sensitive substantive justice.
Coastal Reclamation Policy In Indonesia From The Perspective Of Sustainable Development: Between Investment Interests And Coastal Ecosystem Protection Nathania Satriawan; Yuni Ristanti
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1786

Abstract

Coastal reclamation is a development policy intended to support economic growth, urban expansion, and investment. However, its implementation frequently causes environmental degradation, spatial conflicts, and social impacts on coastal communities, raising concerns regarding its consistency with sustainable development principles. This study aims to analyse Indonesia’s coastal reclamation policy from the perspective of sustainable development by examining the balance between investment interests and the protection of coastal ecosystems. The research employs a normative legal method using statute and conceptual approaches, supported by qualitative analysis of legislation, scholarly literature, and relevant legal documents. The findings indicate that Indonesia’s regulatory framework has formally incorporated sustainable development principles through provisions on environmental protection, licensing, and coastal management. Nevertheless, implementation remains constrained by the predominance of economic interests, weak environmental compliance monitoring, inadequate regulatory harmonisation, and limited public participation in decision-making. These challenges hinder the achievement of an appropriate balance between economic development, ecological sustainability, and the protection of coastal communities’ rights. The study concludes that coastal reclamation policies require reform by strengthening environmental oversight, improving regulatory coherence, and ensuring meaningful public participation alongside the application of the precautionary principle. Such measures are essential to align reclamation practices with sustainable development objectives and to promote environmentally sound and socially equitable coastal development.