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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 212 Documents
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Impact of Legal Regulations on Innovation in Digital Donation Platforms for Youtube Streamers Agus Wardhono; Wahyu Prawesthi; M Syahrul Borman; Toong Hai Sam; Taffy Faiq Syahmi
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.v20i2.30065

Abstract

This study investigates the regulatory implications for the development of digital donation platforms in Indonesia, with a particular focus on Saweria, which is widely utilized by YouTube content creators. The advancement of digital technology has facilitated innovative fundraising through donation-based crowdfunding, yet it simultaneously generates potential risks of misuse. Employing a normative juridical research approach, this study examines the vulnerability of digital donation platforms—initially intended to serve as financial support mechanisms—to exploitation for unlawful purposes, notably the dissemination and promotion of online gambling activities. The findings indicate that although the Information and Electronic Transactions Law (ITE Law), particularly Article 27 paragraph (2) jo. Article 45 as amended by Law No. 1 of 2024, stipulates prohibitions on gambling-related content with sanctions of up to six years imprisonment and/or administrative fines of IDR 1 billion, its enforcement continues to encounter evidentiary and procedural constraints. The study emphasizes the necessity for more specific regulatory frameworks, enhanced platform security, increased awareness among content creators, and coordinated multi-stakeholder collaboration to develop adaptive safeguards against digital criminality.
A Deep Dive into LAPS SJK Cases: A Qualitative Study on Case Types, Resolution Duration, and Party Compliance Agi Attaubah Hidayat; Amalia Nur Anwari; Lilis Diah Sugiarti; Muhamad Kholid; Naily Aulia Najah
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.v20i2.32561

Abstract

This study comprehensively analyzes the effectiveness of the Alternative Dispute Resolution Institution for the Financial Services Sector (LAPS SJK) through a juridical-empirical approach that integrates semi-structured interviews, observation, and document analysis of annual reports from 2022–2024. The findings reveal that the composition of disputes is consistently dominated by the banking sector and fintech lending, with mediation serving as the overwhelmingly dominant settlement mechanism. On the other hand, the institution faces significant challenges, including a high case-rejection rate, primarily due to non-compliance with the Internal Dispute Resolution (IDR) process and indications of fraud. In terms of timeliness, LAPS SJK has demonstrated remarkable efficiency by compressing its Service Level Agreement (SLA)driven by digital transformation and process optimization. The most substantive achievement is reflected in the increase in voluntary compliance with decisions, indicating strengthened legitimacy and trust in the institution. This research provides an original contribution through empirical evidence of the paradox between procedural justice in mediation and the role of arbitration in ensuring legal certainty, as well as a projective analysis of the integration of Artificial Intelligence (AI) in the development of ADR systems in Indonesia.
Implementation of Hospital Regulations to Protect Vulnerable Patients: A Comparative Study of Indonesia, Malaysia, and Australia Muammar Fadillah; M. Yamani; Maria Eka Patri; Noor Aziah Mohd Awal; Cameron Stewart
RechtIdee Vol 21, No 1 (2026): JUNE
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v21i1.34201

Abstract

Study Objective: The study aims to examine the implementation of Hospital Regulations (HBL) as an internal legal instrument to protect vulnerable groups and to situate Indonesian practices within a comparative framework informed by hospital governance laws in Malaysia and AustraliaMethod/Approach: The research method is normative-empirical and comparative, and is analyzed descriptively and qualitatively.Novelty: This study lies in its address of the patient dimension of vulnerability. Unlike the current HBL approach, which primarily protects medical professionals, it should also protect patients from unfair litigation and institutional harm.Findings: The results indicate that HBL at Gading Medika Hospital has not been implemented optimally as a comprehensive protection instrument for vulnerable groups. Comparison of the Malaysian Private Health Facilities and Services Act 1998 and the Australian National Standards for Safety and Quality of Health Services.Conclusion: To expect a strong HBL that is sensitive to vulnerable groups, it must align with Law No. 17/2023 and be grounded in best practices, which is a prerequisite for ensuring non-discriminatory access, procedural fairness, and institutional accountability in hospital governance in Indonesia
Safeguarding Indigenous Papuan Candidacy: Legal Certainty in the Papuan People’s Assembly Verification Process Heru Andryana Suherman; Retno Saraswati; Lita Tyesta Addy Listya Wardhani; Hera Fauziah Lubis; Robithul Islam
RechtIdee Vol 21, No 1 (2026): JUNE
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v21i1.31913

Abstract

Study Objective: This study examines the role and authority of the Papuan People's Assembly (MRP) in the selection mechanism for Indigenous Papuan (OAP) regional head candidates following Constitutional Court Decision Number 41/PUU-XXII/2024. The main focus of this study is on how strengthening the regulations and legal position of the MRP can ensure legal certainty and prevent political manipulation by local elites and external actors.Method/Approach: The approach used in this study is normative juridical, examining Papua's special autonomy regulations, Constitutional Court decisions, and other relevant documents and literature.Novelty: Focus on the Maqasid Syariah perspective and on strengthening regulation to maintain substantive justice and protect the rights of indigenous Papuans, across the dimensions of religion (ḥifẓ ad-dīn), soul (ḥifẓ an-nafs), reason (ḥifẓ al-‘aql), descendants (ḥifẓ an-nasl), and property (ḥifẓ al-māl).Findings: In addition to its representative and cultural functions, the MRP also has a strategic function in political education and in maintaining inclusive leadership, aligning with the values of local wisdom and remaining free from interests that distort the meaning of autonomy.Conclusion: It is important to require regulatory revision to strengthen the legitimacy and effectiveness of the MRP's role going forward.
Reliance Loss, Dignity, and Marital Freedom: Legal Responsibility for Unilateral Engagement Cancellation in Indonesia and the Netherlands Fitrothul Mubarokah; Aprodytha Widya Oryza
RechtIdee Vol 21, No 1 (2026): JUNE
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v21i1.34277

Abstract

Study Objectives: This research analyzes the legal responsibility arising from the unilateral annulment of an engagement and compares the legal approaches in Indonesia and the Netherlands to protect women from losses incurred as a result of such unilateral cancellation.Method/Approach: The method used is normative law research with a case, conceptual, and comparative approach.Novelty: This study focuses on the judge's decision to classify engagement as a legal relationship, thereby qualifying the annulment of the engagement as an unlawful act.Findings: The results show that Indonesian courts treat the annulment of unilateral engagement as an unlawful act, deeming it contrary to social values, norms of decency, ethics, and prevailing norms. The Dutch legal system generally does not treat engagement as a binding legal relationship and emphasizes the principle of individual freedom in deciding to marry.Conclusion: The comparative results indicate that Indonesia places greater emphasis on legal protection for those who suffer harm, particularly women, while the Netherlands places greater emphasis on legal certainty and individual freedom
Child Data Protection and Commercial Sharenting: A Comparative Legal Analysis of Indonesia and Egypt Qoneta Masusiyah; Kana Zahra Alma Sayogi; Eksytania Khaila Gisca Nugroho; Shinta Ayu Purnamawati; Muhammad Ahsin Lana
RechtIdee Vol 21, No 1 (2026): JUNE
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v21i1.32358

Abstract

Study Objectives: This article compares Indonesian and Egyptian law to assess how each jurisdiction protects children whose images, identities, locations, emotions, and behavioral traces are disclosed or monetized online.Method/Approach: The study uses normative legal research, including statute, conceptual, and functional comparative approaches.Novelty: It compares Indonesian constitutional guarantees, the Child Protection Law, the Personal Data Protection Law, the Electronic Information and Transactions Law, materials with Egypt’s Personal Data Protection Law No. 151 of 2020 and Executive Regulations No. 816 of 2025, read against the Convention on the Rights of the Child and General Comment No. 25.Findings: The article finds that Indonesia has developed a more explicit child-online-safety framework for electronic-system providers, including age-appropriate design, high privacy settings, risk assessment, and reporting duties. Egypt provides greater operational precision in data processing, notably by treating children’s data as sensitive and requiring explicit,  written consent from a guardian for children under 15. Both systems nevertheless leave a regulatory gap where parental authority, commercial sharenting, and platform monetization are.Conclusion: The article proposes a child-centered compliance model that combines age-sensitive assent, guardian consent, a best-interests assessment for commercial child content, traceable takedown procedures, and platform duties to prevent profiling, amplification, and reuse of high-risk child data.
Protecting Socioeconomically Vulnerable Defendants: Poverty Criminalization in Indonesia and Saudi Arabia Abriantinus Abriantinus; Vieta Imelda Cornelis; Syahrul Borman; Nur Handayati; Khalid Saleh Y. Alammari
RechtIdee Vol 21, No 1 (2026): JUNE
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v21i1.33355

Abstract

Study Objectives: This article examines how Indonesian and Saudi Arabian criminal justice frameworks protect, or fail to protect, defendants whose socio-economic vulnerability shapes their exposure to the criminal process and punishment.Method/Approach: It uses normative legal research, including statute, conceptual, and functional comparative approaches.Novelty: This study advances a social vulnerability-sensitive criminal justice model of poverty.Findings: The study finds a shared formal commitment to defense rights but divergent institutional designs. Indonesia now combines a statutory legal-aid scheme with the 2025 Criminal Procedure Code, which requires officials to inform indigent persons of legal-aid rights and appoint counsel in specified cases. The 2023 Criminal Code also provides a stronger foundation for individualized and non-custodial sentencing. Saudi Arabia recognizes the accused’s right to counsel during investigation and trial and provides a state-funded appointment route in serious crimes, but that route depends on a request, judicial verification of indigence, and a serious-crime threshold. Neither system expressly requires a court to assess the poverty-related consequences of prosecution, fines, detention, or imprisonment.Conclusion: Defense rights require meaningful access to defense, an ability-to-pay review, a custody-necessity test, written reasons that address social impact, and, where proportionate, restorative or community-based responses. 
Beyond Formal Legality: Economic Crime Regulation, Legal Circumvention, and the Protection of Socially Vulnerable Interests in Indonesia and Hungary Raka Fachriansyah; Herlita Eryke; Dhita Widya Putri; Putra Perdana Ahmad Saifulloh
RechtIdee Vol 21, No 1 (2026): JUNE
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v21i1.34506

Abstract

Study Objective: This study examines how criminal law addresses legal evasion without eroding the principle of legality, and how such responses can protect the interests of vulnerable populations.Method/Approach: This study is a legal research that uses both statute and comparative approaches.  comparing Indonesia's fragmented sectoral regime with Hungary's functional combination of anti-tax-abuse, budget-fraud, welfare-fraud, oversight-responsibility, and asset-oriented enforcement.Novelty: This study uses vulnerability as an analytical criterion for identifying the public interests that suffer disproportionate consequences when complex economic crime diverts public resources or distorts market access.Findings: Indonesia should not criminalize all forms of formal compliance that undermine the purpose of regulation. Such a formula w7ould be uncertain and risk turning legitimate administrative disputes into criminal cases. A more defensible approach is a two-tier model. Administrative anti-abuse measures should address both artificial arrangements and tax or regulatory evasion. Hungary offers a useful comparative lesson because its budget fraud regime consolidates several forms of fiscal fraud while maintaining identifiable behavioral elements.Conclusion: Criminal liability only applies if a scheme includes fraudulent conduct, concealment of material facts, false documentation, fictitious transactions, deliberate avoidance of a predetermined public obligation, and demonstrable fiscal or public interest harm.
From Employment Quotas to Enforceable Inclusion: Comparing Disability Employment Governance in Indonesia, the Philippines, and Germany Benedicta Mary Tiara Florensia Patient Sudin; Muh. Ali Masnun; Wira Satya Nugraha Wicaksono; Princess Alyssa D. Tee-Anastacio
RechtIdee Vol 21, No 1 (2026): JUNE
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v21i1.32323

Abstract

Study Objective: This study analyzes the legal certainty for workers with disabilities in Indonesia based on the Law on Persons with Disabilities and compares the legal and policy approaches implemented by three countries for workers with disabilities.Methods/Approach: This study employed a normative legal research method, employing statute, conceptual, and comparative approaches, supported by primary legal materials, secondary legal materials, and non-legal materials collected through desk research and analyzed using prescriptive analysis.Novelty: This study focuses on the Indonesian legal framework, which does not provide legal certainty for workers with disabilities because there are no sanctions against companies that fail to fulfill their obligations to provide employment opportunities for people with disabilities.Findings: Indonesia does not yet have binding regulations on companies that fail to provide employment opportunities for workers with disabilities. The Philippines has provided tax incentives for companies that recruit workers with disabilities. In contrast, Germany has the strongest legal system, imposing fines on companies that do not employ workers with disabilities.Conclusion: Indonesia needs to immediately enact strict, binding implementing regulations to create optimal employment opportunities for workers with disabilities.
Restorative Justice and Police Discretion for Low-Income and Vulnerable Groups in Indonesia and India Aprialdi Aprialdi; Herlita Eryke; Amit Kumar Kashyap; Ousu Mendy
RechtIdee Vol 21, No 1 (2026): JUNE
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v21i1.34516

Abstract

Study Objective: This article examines how restorative justice and police discretion can expand, rather than ration, access to justice for low-income and vulnerable groups in Indonesia.Method/Approach: It uses normative-comparative legal research to compare Indonesia's contemporary framework with India's Bharatiya Nagarik Suraksha Sanhita 2023.Novelty: this research is novel in that it does not treat India's plea-bargaining and case-settlement mechanisms as synonymous with police-led restorative justice. Instead, it questions what safeguards can prevent discretionary settlements from reproducing poverty and secondary victimization.Findings: The analysis finds that India now has a stronger legal basis for restorative justice across the criminal process, but the police's role as first contact still creates material risks, including inconsistencies, pressure to settle cases, and unequal access to legal counsel. India offers a useful contrast because its plea-bargaining framework relies on judicial verification of voluntariness, eligibility determination, victim participation, and compensation, while excluding certain socially sensitive offenses.Conclusion: This article proposes a vulnerability-based discretionary framework for Indonesia: early legal aid, independent counsel, screening for power and security imbalances, proportional and non-monetary reparation options, written reasons, review, and public aggregate reporting. Restorative justice should operate as a voluntary, accountable, and redress-the-harm pathway without punishing poverty.

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