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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.
Ethics and Professional Responsibilities of Judges in Carrying Out Duties in Law Enforcement Kurniati, Yeti; Kartika, Yuninda Dwi; Gustiadi, Yoga; Udayana, Gede Indra; Agung, Andhika Nugraha Bhakti
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1551

Abstract

The Judicial Code of Ethics serves as the ethical principles of judges, serving as the basis or guideline for every decision-making process in legal cases before them, as law enforcement officers, and in addressing the challenges of legal issues and legal developments. The purpose of this article is to provide the wider public with knowledge and understanding regarding ethics as a guideline and the challenges faced by judges in examining, adjudicating, and deciding legal cases. This article was written using literature and secondary data. The approach used in this research is the statutory approach. Judges are functional and state officials authorized to examine, adjudicate, and decide legal cases fairly and based on the law. Judges are responsible for interpreting and applying applicable law to cases before them and ensuring that justice and truth are achieved. The Judicial Code of Ethics is a written rule or code of conduct that judges must adhere to in carrying out their duties to ensure integrity, fairness, and public trust in the judicial institution. The Code of Ethics for the Judges' Professionalism contains the obligation and requirement to carry out their profession responsibly for the results and impacts of their actions and to refrain from violating the rights of others. The Code of Ethics is not law, but rather a norm that serves as a benchmark for legal professionals in upholding the authority of the law with humanity and justice. (Drs. H. Wildan Suyuthi Mustofa, "Judge's Code of Ethics," p. 52, Publisher: Jakarta, Kencana Prenada Media 2013.) The Code of Ethics for Judges is regulated by Joint Decrees of the Chief Justice of the Supreme Court of the Republic of Indonesia and the Chairman of the Judicial Commission of the Republic of Indonesia Number 047/KMA/SKB/IV/2009 and 02/SKB/P.KY/IV/2009 concerning the Code of Ethics and Guidelines for Judges' Conduct. However, in their role as legal advocates, judges often face various ethical dilemmas in making legal decisions. These dilemmas can influence the decision-making process and the final outcome of a case. As a legal advocate, a judge is often faced with various ethical dilemmas in making decisions that ultimately resolve issues. Judges are often faced with situations where the strict application of the law does not always align with the principles of justice. This helps prevent arbitrary action and ensures that the law is applied consistently.