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INDONESIA
Rechtsvinding
Published by Civiliza Publishing
ISSN : -     EISSN : 29874424     DOI : https://doi.org/10.59525/rechtsvinding
Core Subject : Humanities, Art, Social,
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
This journal is published by Civiliza Publishing twice a year (June an December). The presence of the journal accommodates scientific writings from the academic community, researchers, students, and practices in Sharia Economic Law and law that have good values ​​and high rationality. The scope of the discussion about sharia economic law (muamalah) with sharia principle and values.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 2 No. 1 (2024)" : 5 Documents clear
Pemberian Perlindungan Hukum terhadap Pemegang Polis Asuransi dalam Peraturan Perundang-undangan di Indonesia Nurrahayu, Feby Dian
Rechtsvinding Vol. 2 No. 1 (2024)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v2i1.350

Abstract

Insurance has become a popular investment vehicle due to its offering of certainty and assurance. One common issue faced by policyholders is the difficulty in receiving intermittent reimbursements for specific payments, whereas the primary objective of a policyholder or any party involved in an insurance agreement is to receive compensation when the insured object experiences an unexpected event. Normative legal research methodology is employed as an approach in composing this writing, relying on legal materials obtained through literature research, which includes primary and secondary legal materials. Primary legal sources refer to statutory regulations relevant to the discussion material, while secondary legal sources involve various legal literature and other law-related sources such as legal dictionaries. It can be concluded that legally, an individual possessing an insurance policy holds the position of the insured party entitled to receive premium payments. This is aimed at providing compensation for losses, damages, or potential profit losses that may occur due to an unpredictable event. Individuals holding important roles as insurance policyholders, undoubtedly bound to the insurance company through their insurance agreement, are entitled to legal protection in various legal matters, particularly considering that the majority of insurance policy shareholders are individuals with vulnerable economic conditions. Therefore, several regulations are designed to provide more intensive attention and legal protection to insurance policyholders, preventing potential legal violations that may occur from insurance company entities. This concise abstract falls within the range of 150-200 words and is crafted in academic English.
TNI AL Authority as Maritime Crime Investigator in Securing Indonesian Waters Triadi, Irwan; Ardian, Muhammad Fadhil
Rechtsvinding Vol. 2 No. 1 (2024)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v2i1.355

Abstract

This article aims to determine the authority of the Indonesian Navy as investigators of criminal offenses at sea, in line with their role in law enforcement in Indonesian waters. It examines the constraints faced by the Navy in law enforcement efforts and explores government measures to streamline these duties. The research method is normative legal research, which includes collecting, processing, and analyzing legal materials. The descriptive nature of this study connects factors with statutory regulations, theories, and expert opinions. A normative juridical approach is utilized, focusing on literature examination. The research concludes that the Indonesian Navy's authority as investigators in securing Indonesian waters is attributive, inherent to their office. From a constitutional law perspective, this attribution reflects the power of government organs to operate based on authority established by lawmakers, grounded in the constitution or legislation. According to the Law of the Republic of Indonesia Number 34 Year 2004 on the Indonesian National Armed Forces, Article 9, the Navy's role as law enforcement and security officers in Indonesian waters is hampered by unclear regulations. The Navy lacks authority to investigate all legal violations at sea, leading to overlapping law enforcement due to conflicting regulations that grant attributive authority.
Prohibition on Confiscation of State-Owned Immovable Property Against Decisions of the State Administrative Court That Have Already Become Final Oktapani, Silm; Libra, Robert; Noerdin, Zulkarnaen
Rechtsvinding Vol. 2 No. 1 (2024)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v2i1.394

Abstract

State Administrative Law gives the state the right to resolve administrative disputes at the PTUN. However, this is different when faced with the problem of state property, especially state land, which in Article 50 of Law No. 1 of 2004 concerning State Treasury is actually prohibited regarding confiscation of state property including state-owned land. The formulation of this research are: 1) How is the Implementation of the Prohibition of Confiscation of Immovable State Property Against Inkracht State Administrative Court Decisions; and 2) How are the obstacles to the Implementation of the Prohibition of Confiscation of Immovable State Property Against Inkracht State Administrative Court Decisions. The research method used is Normative law. The results and discussion found that the implementation of the PTUN's decision regarding the confiscation of state property is hindered by the provisions of Article 50 paragraph (1) of Law No. 1 of 2004 concerning State Treasury so that the provisions need to be changed. Then, the obstacle that arises in terms of implementing the decision is the absence of a process that binds state officials or bodies to comply with the PTUN decision in Law No. 5 of 1986 concerning State Administrative Court. This is in fact very contrary to the principle of legal objectives desired by Gustav Radbruch who mentioned 3 (three) legal objectives, namely legal certainty, legal benefits, and legal justice. Therefore, it is necessary to amend the provisions of Law No. 1 Year 2004 on State Treasury and Law No. 5 Year 1986 on Administrative Court to accommodate the decision of the Administrative Court to execute state property.
Reconstruction of Customary Law (Adat Law) in Environmental Law Enforcement in Indonesia: A Literature Study from Global and Local Perspectives Darisera, Stiadi Ivanto; Letedara, Reindino; Latue, Philia Christi; Rakuasa, Heinrich
Rechtsvinding Vol. 2 No. 1 (2024)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v2i1.411

Abstract

This research explores the intersection of customary law and environmental law enforcement in Indonesia, addressing the significant environmental challenges the country faces, such as deforestation and climate change. Utilizing a literature study methodology, the research analyzes various scientific articles, legal documents, and case studies to identify key themes, challenges, and opportunities related to the integration of customary practices into formal legal frameworks. The results indicate that while customary law has been effective in managing natural resources sustainably, its recognition within the national legal system is often inconsistent, leading to conflicts and undermining indigenous rights. The discussion emphasizes the importance of legal pluralism and the need for greater collaboration between indigenous communities and government authorities. Ultimately, the research concludes that embracing customary law can enhance Indonesia's environmental governance, promote sustainable resource management, and empower local communities, thereby contributing to broader conservation efforts.
Customary Law of Exchanging Rings During Proposal (Khitbah) in Ds. Sidorejo, Saradan District, Madiun Regency: The Perspective of Ulama' Madzhab Shafi'i Fauzi, Mahfud; Syafi'i, Ahmad; Ayu, Diyan Putri
Rechtsvinding Vol. 2 No. 1 (2024)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v2i1.414

Abstract

The tradition of exchanging rings during a proposal (khitbah) is still widely practiced in Sidorejo Village, Saradan District, Madiun Regency. In this tradition, the bride and groom put on rings, and the groom wears a gold ring without considering clear laws. Some people believe that this tradition is a sign that the woman has been proposed to and the man has proposed, in addition to following the development of the times. This study uses a qualitative descriptive method to analyze the law of exchanging rings from the perspective of the Syafi'i School. According to Syafi'i scholars, if the ring is made of gold, it is haram for men because there is a hadith that prohibits the use of silk and gold for men, even though the gold content is small. In conclusion, the tradition of exchanging rings in Sidorejo Village is carried out as part of the community's customs, but the practice of wearing gold rings for men is considered haram according to the Syafi'i School.

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