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All Journal Rechtsvinding
Kartika, Yuninda Dwi
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Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Development of Law in Indonesia is Linked to Hans Kelsen's Positivism Theory Sembiring, Sungguh Raja; Putra, Heddy Permana; Kartika, Yuninda Dwi; Gustiadi, Yoga; Durahman, Dani
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 Pranadita, Nugraha; Sembiring, Sungguh Raja; Putra, Heddy Permana; Kartika, Yuninda Dwi; Gustiadi, Yoga; Udayana, Gede Indra
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.
Co-Authors Dani Durahman Gustiadi, Yoga Pranadita, Nugraha Putra, Heddy Permana Sembiring, Sungguh Raja Udayana, Gede Indra