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RechtIdee
Published by Universitas Trunojoyo Madura
ISSN : 19075790     EISSN : 2502762X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
RechtIdee is published twice a year in June and December containing articles result of thought and researchs in law. This journal encompasses original research articles, review articles, and short communications, including: Private Law Penal Law State and Administrative Law International Law Islamic Law Customary Law Law and Human Rights Criminology Victimology Business Law Intellectual Property Rights Law Environmental Law Labor Law E-Commerce Law Banking and Financial Institution Law Competition Law Bancruptcy Law Syariah Economic Law Procedural Law Any article related of law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 12 Documents
 1   2 
Search results for , issue "Vol 20, No 2 (2025): DECEMBER" : 12 Documents clear
The Urgency of Civil Code Reform That Is Responsive to the Needs of Modern Digital Business Munawaroh, Siti; Mufidah, Nuruz Zakiyatul; Haryadi, Wahyu Tris; M. Tilman, Alarico
RechtIdee Vol 20, No 2 (2025): DECEMBER
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v20i2.31551

Abstract

The rapid advancement of Indonesia’s digital economy and e-commerce sector has significantly contributed to economic growth, job creation, and financial inclusion. Nevertheless, the prevailing civil law framework, which remains rooted in the colonial-era Indonesian Civil Code (KUH Perdata), is increasingly viewed as inadequate for regulating electronic transactions, consumer protection, and digital business innovation. The Electronic Information and Transactions Law (UU ITE) also fails to provide comprehensive regulation in these areas. Therefore, modernizing the Civil Code is imperative to accommodate the needs of digital transactions, ensure legal certainty, and enhance national competitiveness. This study employs a normative legal research method, utilizing statutory and conceptual approaches, and examines legal doctrines, theories, and expert opinions to analyze the necessity of civil law reform in the digital era. The findings indicate that the rigidity and ambiguity of the current Civil Code create legal vacuums, particularly concerning electronic contracts, smart contracts, and digital data protection,substantive reform of the Civil Code.
Juridical Implication of the Legal Vacuum in Providing Compensation in Lieu of Restitution Fibriansyah, Ryan Ilham; Aprilianda, Nurini; Ahmad, Nadzriah
RechtIdee Vol 20, No 2 (2025): DECEMBER
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v20i2.22001

Abstract

Criminal offenses position victims as aggrieved parties affected by crimes committed against them. The protection and recovery measures for the losses victims bear should guarantee justice, ensuring victims receive compensation for the harm caused. Law No. 1 of 2023 concerning the Indonesian Penal Code implies that compensation is an additional punishment imposed on the defendant. However, imprisonment, supervision, or community service are only applied if the defendant cannot provide compensation, failing to guarantee the compensation the victim is entitled to, as outlined in the court decision. In such cases, state involvement is required. This research aims to examine juridical implications of the legal vacuum in providing compensation in lieu of restitution. Using a normative method with statutory and analytical approaches, and grammatical and teleological interpretations, the study reveals that the absence of specific regulations leads to injustice, legal disadvantages, and legal uncertainty affecting victims of criminal offenses, particularly regarding their right to restitution. 
Preliminary Examination in the Process of Filing a Bankruptcy Case (Comparison of Hong Kong with Indonesia) Purwanto, Gatot Hadi; Da Silva, Cristovao Adao
RechtIdee Vol 20, No 2 (2025): DECEMBER
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v20i2.10800

Abstract

Each country has different mechanisms and requirements for filing bankruptcy cases against debtors. Indonesia, through Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, sets relatively simple requirements: the presence of two or more creditors and the failure to pay a debt that is due and collectible. However, this system does not recognize a preliminary examination mechanism to assess whether the debtor is truly insolvent or still solvent. This condition differs from the legal system in Hong Kong, which adheres to the common law tradition, where before a bankruptcy case is submitted to court, a preliminary examination is first conducted through the statutory demand mechanism. Creditors are required to file a legal demand against the debtor to pay the debt within 21 days. If the debtor can prove to the court that they are still solvent, the statutory demand can be rejected, preventing the bankruptcy petition from proceeding to trial.
Reflection of Child Protection on the Settlement of Child Sexual Violence In Indonesia: An Analysis of Court Decisions in 2019-2020 Windari, Rusmilawati; Za, Istianah; Ezzerouali, Souad
RechtIdee Vol 20, No 2 (2025): DECEMBER
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v20i2.21183

Abstract

Protection of children from sexual violence is a shared responsibility of all parties, including the judiciary. One of the efforts to protect children by the judiciary is manifested in court decisions on cases of sexual violence against children. As a form of law enforcement in concreto, the study of this court decision will provide a signal for criminal law reform related to the regulation of sexual violence against children in Indonesia. This article aims to examine the reflection of child protection in the resolution of cases of sexual violence against children in Indonesia in 2019-2020. As normative research, a single issue is studied using a statutory, conceptual, and case approach and then analyzed using the descriptive qualitative method. A comprehensive synthesis of statutory analysis, doctrinal interpretation, and systematic case examination was concluded. The discussion shows that the majority of settlements of sexual violence cases against children have reflected the protection of children. However, 3 three limitations signaled criminal law reform: the absence of criminal law guidelines, the lack of specifically formulated minimum fines, and the absence of sanctions for victim-oriented treatment.
Legal Protection for Cyberbullying Victims Through Social Engineering in Cybercrime Wijayanto, Rizky; Fikri, Ahmad Ma’mun; Nurcahya, Yan; Noor, Arba'iyah Mohd
RechtIdee Vol 20, No 2 (2025): DECEMBER
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v20i2.32443

Abstract

The development of information and communication technology has created a new space for interaction through digital media, bringing not only benefits but also various forms of cybercrime, one of which is cyberbullying. This phenomenon is increasingly complex when carried out through social engineering techniques, namely the psychological manipulation of victims to obtain information, instill fear, or pressure them mentally and socially. Social engineering-based cyberbullying not only impacts the victim's psychological aspects but also causes social, reputational, and even economic losses. This article aims to analyze the forms of cyberbullying that use social engineering and examine the legal protections available to victims within the cyber law framework in Indonesia. The research method used is normative legal research with a statutory and conceptual approach, which examines related regulations, such as the Electronic Information and Transactions Law, the Criminal Code, and other relevant regulations. The results of the study indicate that although positive legal instruments have provided a basis for protection for victims of cyberbullying, regulations related to social engineering are still implicit and have not been specifically regulated. Therefore, it is necessary to strengthen regulations, improve digital literacy, and adopt an integrated preventive and repressive approach to ensure effective legal protection for victims of cyberbullying in the digital era.
Enforcement of Criminal Tax Law in Indonesian Court Decisions Nursyami, Ima; Jamaludin, Ahmad; Syah, M Kautsar Thariq; Rashid, Muhammad Hafiy Bin Abdul
RechtIdee Vol 20, No 2 (2025): DECEMBER
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v20i2.31717

Abstract

This study seeks to illustrate how the mechanism for enforcing tax criminal law is applied at the judicial level, from the evidentiary process and the application of the elements of the offense to the basis for criminal punishment for taxpayers or related parties who commit acts of tax avoidance or evasion. This study uses a normative juridical method by analyzing court decisions, legislation, tax law literature, and economic criminal law doctrine. The results show that the courts apply positive legal constructions relatively consistently, including in assessing the fulfillment of the elements of intent, the existence of an unlawful act, and the resulting state losses. The judge's considerations also demonstrate the application of the ultimum remedium principle, which characterizes tax criminal law: criminal punishment as a last resort after administrative instruments and sanctions are ineffective. Nevertheless, this study identified several issues related to the consistency of legal arguments, the proportionality of criminal penalties, and the sufficiency of evidence that should be addressed. This research is expected to contribute to criminal law enforcement in the tax sector and to provide policymakers with an opportunity to evaluate how to build a more transparent, accountable, and effective tax system.
Criminal Aspects of Corruption Regarding Control of Regional Assets by Foundation X For Commercial Purposes Sapsudin, Asep; Asmaidar, Asmaidar; Sidik, Mohamad Dindin Hamam
RechtIdee Vol 20, No 2 (2025): DECEMBER
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v20i2.32230

Abstract

This study examines the criminal aspects of corruption in the control of Regional Government-Owned Assets (BMD) by Foundation X over the land formerly occupied by the Bandung Zoo. The research problem focuses on how the use of regional assets by a foundation for commercial purposes can be classified as a criminal act of corruption and how the law should be enforced. The foundation unlawfully managed and leased the land owned by the Bandung City Government without any formal agreement and failed to deposit the rental income into the regional treasury. This study employs a normative legal research method using a juridical-normative approach. The findings indicate that the actions in question fulfill the elements of a corruption offense: unlawful conduct, enrichment of oneself or others, and financial loss to the state, as stipulated in Articles 2 and 3 of the Anti-Corruption Law. Legal enforcement through criminal prosecution, restitution, asset confiscation, and regulatory harmonization between the Foundation Law and BMD management regulations are crucial steps to prevent the recurrence of public asset misuse. Formulating stricter regulations and strengthening oversight mechanisms in regional asset governance.Keywords: Corruption Crimes; Foundations law; Law Enforcement; Regional                   Assets;
Civil Liability For Breaches in Sale and Purchase Agreements and Their Impact on Consumer Protection Nyandra, Rifdhan Ismeth; Djajaputra, Gunawan
RechtIdee Vol 20, No 2 (2025): DECEMBER
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v20i2.32142

Abstract

Sale and purchase agreements are among the most frequently used forms of engagement in various community activities, both for simple and high-value transactions. Although the Civil Code provides a clear legal basis, particularly regarding the parties' obligations and the consequences of default, practice shows that breaches of agreement still occur frequently and have a direct impact on consumer losses. In digital transactions, forms of default become more diverse due to technical factors, inaccurate information, and the presence of third parties, such as marketplace platforms. The classical legal framework in the Civil Code, including Articles 1238 and 1243, has not been fully able to answer the complexity of modern digital transactions. On the other hand, regulations such as the Consumer Protection Law, the ITE Law, and PP 71/2019 provide strengthening, but have not been systematically integrated with the concept of default. This research aims to fill this gap by analyzing civil liability for default in the context of conventional and digital transactions, using normative legal research methods, with a statutory and case approach. The results show the need for regulatory harmonization to strengthen consumers' position and provide legal certainty in the event of defaults, especially in transactions involving electronic technology and systems.
The Company Liability for Violation an ESG Compliance That Affect Environmental Damages Safitri, Zahra Awaliany; Sugiyono, Heru
RechtIdee Vol 20, No 2 (2025): DECEMBER
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v20i2.31957

Abstract

As legal subjects, corporations in Indonesia not only have economic obligations but also have a responsibility to support sustainable development. This paper examines corporate legal liability for violations of compliance with Environmental, Social, and Governance (ESG) principles that result in environmental damage. The purpose of this research is to analyze the role of ESG implementation in strengthening corporate legal compliance and governance, as well as to review corporate accountability mechanisms through a case study of PT Soedali Sejahtera, which polluted the Getih River in Surabaya due to the absence of UKL-UPL environmental documents. The research employs a normative juridical method by examining regulations such as Law No. 32 of 2009 concerning Environmental Protection and Management (UUPPLH), Government Regulation No. 47 of 2012 concerning Corporate Social and Environmental Responsibility (TJSL), and Financial Services Authority Regulation No. 51/POJK.03/2017 as a framework for sustainable finance. The results show that the integration of ESG principles strengthens transparency, accountability, and corporate legal compliance, where the integration of ESG can serve as a strategic instrument in realizing sustainable and responsible business practices.
Implementation the Concept of Restorative Justice in the Settlement of Special Crimes of Trademark Counterfeiting Dahana, Zaky Naufal; Kuspraningrum, Emilda; Utomo, Setiyo; Driss, Bakhouya
RechtIdee Vol 20, No 2 (2025): DECEMBER
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v20i2.21590

Abstract

The promulgation of Law Number 20 of 2016 concerning Marks and Geographical Indications against the law only leads to defendants who are finally subject to apparent imprisonment for the act of counterfeiting the mark has brought harm to the victim, preferably for The act of counterfeiting the brand attached to it is a criminal sanction for the application of the concept of Restorative Justice which focuses on the conditions of creating justice and balance for criminal offenders and victims with restoration which is a restoration of rights between victims and perpetrators. The research method used in this study is doctrinal, with source material in primary, secondary, and tertiary legal materials. This study resulted in two advantages of using Restorative Justice on the specific crime of trademark forgery. First, Restorative Justice can be a policy choice for law enforcement officials. Because the interests of victims need to be considered in the process. In addition, Intellectual Property Rights are the realm of economics or business where the victim must suffer a large loss if there is a violation. Second, law enforcement against specific criminal acts of trademark rights through Restorative Justice can be a criminal law reform which is an alternative way to carry out punishment with the aim of justice. 

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