cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Maulida Agustina
Contact Email
civilizapub@gmail.com
Phone
+6285235594596
Journal Mail Official
civilizapub@gmail.com
Editorial Address
Jln. Nori 14A Beduri, Ponorogo, Jawa Timur
Location
Unknown,
Unknown
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 20 Documents
 1   2 
Search results for , issue "Vol. 3 No. 1 (2025)" : 20 Documents clear
Legal Force of Decision of Consumer Dispute Resolution Agency (BPSK) on Rejection of Life Insurance Claims Hutabalian, Maslon; Nadirah, Ida
Rechtsvinding Vol. 3 No. 1 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i1.694

Abstract

Claim rejection by life insurance companies is one form of consumer dispute that often occurs in the financial services sector. To ensure legal protection for consumers, the Consumer Dispute Resolution Agency (BPSK) is authorized to resolve disputes outside the court quickly, simply, and cheaply. This study aims to analyze the legal force of BPSK decisions on life insurance claim rejection disputes and the extent of their effectiveness in practice. The method used is a normative legal approach with an analysis of laws and regulations, BPSK decisions, and related court decisions. The results of the study indicate that BPSK decisions have final and binding legal force if no objections are filed with the court within the specified time period. However, the effectiveness of its implementation is often hampered by institutional weaknesses and overlapping authority with other financial services sector dispute resolution institutions.
Legal Review of Criminal Law on Children as Victims of Human Trafficking (Study of Decision Number: 1824/Pid.Sus/2023/PN.Mdn) Marsally, Putri Ayu; Pratitis, Sugih Ayu; Harahap, Muslim
Rechtsvinding Vol. 3 No. 1 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i1.711

Abstract

Children are a vulnerable group that requires special legal protection, especially in cases of human trafficking. The research method used is normative juridical or library research, by analyzing library materials or secondary data relevant to the topic. This research is descriptive analytical, namely data obtained and processed and analyzed to provide a comprehensive picture of the legal regulations and law enforcement against children as victims of human trafficking as regulated in Article 2 and Article 3 of Law Number 21 of 2007 concerning TPPO and Article 455 - 257 of Law Number 1 of 2023 concerning the Criminal Code with data collection methods through document studies and interviews. Research Results Show that criminal law in Indonesia has strictly regulated the protection of children as victims of human trafficking, both through Law Number 35 of 2014 concerning Child Protection and Law Number 21 of 2007 concerning the Eradication of Criminal Acts of Human Trafficking, then in Decision Number: 1824 / Pid.Sus / 2023 / PN.Mdn Shows the role of law enforcement officers is quite significant in enforcing the law and providing justice for child victims, although there are still challenges such as evidence, protection of witnesses / victims, and psychological recovery of children after the incident.
Legal Protection for Injured Parties in Goods and Services Procurement Agreements Alifa, Alifa; Sudirman, Maman; Djaja, Benny
Rechtsvinding Vol. 3 No. 1 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i1.761

Abstract

The procurement of products and services is an important component of economic activities, both in the public and private sectors. Nevertheless, in practice, legal complications often arise, which can hinder the progress of the project and result in financial losses for all parties. Administrative errors, violations of the law, and differences in contract interpretation that result in disputes are some of them. The purpose of this study is to investigate the legal protections afforded to aggrieved parties in procurement agreements. The expected result is a reduced risk of disputes and increased transparency and effectiveness in the procurement process through an understanding of the legal aspects that govern procurement. Legal protection in disputes over the procurement of goods and services was analyzed using a qualitative method with an analytical descriptive approach in this study. Data was collected from primary legal sources, including statutes, regulations, and court rulings, as well as secondary sources, including academic journals, books, and research reports. The findings of the study show that the procurement of goods and services still faces a range of challenges, including regulatory uncertainty and less transparent practices, which hinder legal protection. Therefore, the mechanism for procurement of goods and services needs to         be improved to increase effectiveness and fairness in resolving disputes.
Legal Protection for Parties in Online Sale and Purchase Agreement Leriana, Helda; Djaja, Benny; Sudirman, Maman
Rechtsvinding Vol. 3 No. 1 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i1.762

Abstract

More and more people are taking advantage of the convenience offered by online shopping thanks to advances in information technology. Nevertheless, there are a number of legal issues lurking behind the convenience offered, including unclear rights and responsibilities of the parties, conflict resolution, and consumer protection from unsuitable or harmful products. The purpose of this study is to examine the strengths and weaknesses of the Indonesian legal system, evaluate the effectiveness of existing regulations, and determine the extent to which the parties to online sales and purchase agreements are legally protected. This study uses a qualitative normative juridical methodology, with information gathered from a review of laws, scientific articles, and other relevant legal documents. The results of the study show that the low level of public legal literacy and the absence of an efficient online dispute resolution process are 2 (two) areas where the laws governing consumer protection still have room for improvement. To build a secure and sustainable digital commerce ecosystem, existing legal protections for online transactions need to be optimized and legal education for consumers and business actors needs to be improved.
Open Legal Policy Regarding the Age Limit of Notary Public Based on Constitutional Court Decision Number. 84/PUU-XXII/2024 Munthe, Gerald Elisa
Rechtsvinding Vol. 3 No. 1 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i1.790

Abstract

Open legal policy emerged when the 1945 Constitution gave an order to regulate a norm through a law, in this case the Legal Regulation of Article 8 Paragraph (2) of Law Number 2 of 2014 as an amendment to Law Number 30 of 2004 concerning the Position of Notary. The research method used is normative juridical or library research, by analyzing library materials or secondary data relevant to the topic. This research is descriptive analytical, namely the data obtained and processed and analyzed to provide a comprehensive picture of the open legal policy in the norming of Article 8 paragraph (2) which regulates the age limit of the notary office as stated in Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary. Research Results Show that the determination of the age limit for notaries is part of an open legal policy that is within the authority of the legislators, as long as it does not conflict with the principles guaranteed in the 1945 Constitution. However, this policy can be considered invalid if it violates constitutional principles, such as the principle of non-discrimination, equality before the law, and the feasibility and rationality of public policy.
Criminal Policy as an Instrument for Controlling Criminal Acts Based on Restorative Justice Nasution, Shulhan Iqbal
Rechtsvinding Vol. 3 No. 1 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i1.810

Abstract

Criminal policy in Indonesia plays an important role in crime control efforts, but the dominant approach, namely retributive, has not been able to resolve the roots of social problems and restore victims' rights comprehensively. The research method used is normative juridical or library research, by analyzing library materials or secondary data that are relevant to the topic. This research is descriptive analytical, namely the data obtained and processed and analyzed to provide a comprehensive picture of criminal policy functioning as an instrument for controlling criminal acts based on restorative justice with data collection methods through document studies and interviews. Research Results Show that Criminal Policy in Indonesia has not been able to resolve the root of social problems and restore victims' rights comprehensively. Therefore, a more humanistic and participatory policy reformulation is needed through a restorative justice approach. Restorative justice offers a resolution mechanism that actively involves perpetrators, victims, and the community with the main goal of recovery and reconciliation. Although its implementation has begun through a number of internal policies of law enforcement institutions, its implementation still faces structural and normative challenges. Optimizing this approach requires strengthening regulations, increasing the capacity of officers, and shifting the legal culture from an orientation towards revenge towards just social recovery
The Urgency of Customer Personal Data Protection in Digital Banking Nasution, Alvin Hamzah
Rechtsvinding Vol. 3 No. 1 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i1.814

Abstract

The development of digital technology in the financial sector has transformed banking services to be more open, fast, and data-driven. On the other hand, the increasing intensity of processing customers' personal data also poses new challenges related to the protection of privacy rights. This study aims to examine the urgency of legal protection for customers' personal data in Indonesia's digital financial ecosystem. The method used is a normative legal approach with an analysis of regulations such as Law Number 27 of 2022 concerning Personal Data Protection and POJK No. 6/POJK.07/2022. The results of the study show that although Indonesia already has a formal legal framework, its implementation still faces obstacles such as the absence of a data supervisory authority, low digital legal literacy among the public, and weak enforcement of sanctions. Therefore, a holistic approach is needed in the form of strengthening regulations, public education, and harmonization with international standards to guarantee customer rights and build a safe and sustainable digital financial industry.
Fulfillment of Prisoners' Livelihood and Its Impact on Families from the Perspective of Maqashid Al-Syariah (Study at Ternate Class IIA Penitentiary) Mustafa, Abdul Rahman; Djalal, Marini Abdul; Nainggolan, Basaria
Rechtsvinding Vol. 3 No. 1 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i1.836

Abstract

The limitations on movement and access for husbands who are prisoners create a dilemma between the legal and sharia obligations to provide for their families and the reality of the limitations faced during detention. The purpose of this study is to analyze the mechanism for fulfilling prisoners' livelihoods for their families, examine the impact of the inability to fulfill livelihoods on the family, and analyze and critique the Maqhasid Al-Syar'iah aspects in fulfilling prisoners' livelihoods and their impact on the family. This research method is empirical legal research with a sociological approach to law and sharia. Data analysis techniques use qualitative analysis. The results of the study indicate that the fulfillment of prisoners' livelihoods is met through: the use of joint assets, the prisoner's income, the wife's employment, and through an assimilation program. The impact of the inability to fulfill prisoners' livelihoods on their families is: economic impact, psychological impact and divorce. From the perspective of maqashid al-shariah, the fulfillment of livelihood is related to maintaining the necessities of life, namely maintaining religion, life, mind, descendants and property. The application of the concept of Mubadalah or mutual assistance, where the wife is also responsible for earning a living by considering the condition of the husband who is a prisoner, is a solution that brings benefits to the prisoner's family.
Reconstruction of Marine Pollution Regulations and Control of Plastic Waste in The Indonesian Sea in The Context of Biodiversity Protection Nurhayati, Ema
Rechtsvinding Vol. 3 No. 1 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i1.840

Abstract

This research examines the issue of Marine Pollution in Indonesia, which is the second largest contributor of plastic waste in the world with an estimated 3.22 million tons of plastic waste entering marine waters annually. The research aims to analyze the reconstruction of regulations controlling plastic waste in the sea for the protection of biodiversity. Using a normative legal research method with statutory and conceptual approaches, this research identifies gaps in Indonesia's Marine Pollution control regulatory framework. The results show fragmentation of regulations and overlapping authority between institutions, as well as significant impacts on marine biodiversity affected by plastic waste. This research proposes a regulatory reconstruction model comprising five main strategies: harmonization of regulations through the establishment of a specific Law on Marine Pollution Control, institutional strengthening through a Marine Pollution Prevention Coordination Agency, diversification of regulatory instruments including economic instruments, law enforcement reform, and strengthening multi-stakeholder participation. Implementation of this model is expected to increase the effectiveness of plastic waste control in Indonesian seas for the protection of marine biodiversity.
The Concept of Originality and Prior Art in First to Declare: A Strategy to Prevent Unilateral Claims on Traditional Cultural Expressions Ramadhan, Muhammad Citra
Rechtsvinding Vol. 3 No. 1 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i1.885

Abstract

The protection of Traditional Cultural Expressions (TREs) within the framework of the modern Intellectual Property Rights system faces significant challenges, primarily due to the dominance of individualistic principles and formal mechanisms based on registration and specifically copyright ownership registration. The first-to-declare system, which initially emphasized recognition of the party who first announced a work or creation, has in practice shifted towards a system that prioritizes formal registration by the first party at the Directorate General of Intellectual Property (DJKI). This article examines the application of the concepts of originality and prior art within the framework of the first-to-declare system, and analyzes their relevance in preventing unilateral claims on TREs by unauthorized parties through the registration mechanism at the DJKI. This research uses a normative juridical approach with an analysis of laws and regulations, international documents, and related case studies. The research results indicate that systemic reforms are needed, including the recognition of collective rights, the development of a TRE database, and the strengthening of the sui generis regime, as preventive measures against TRE misappropriation on the global stage.

Page 2 of 2 | Total Record : 20

 1   2 

Filter by Year

2025 2025


Reset
Filter By Issues
All Issue Vol. 4 No. 1 (2026) Vol. 3 No. 2 (2025) Vol. 3 No. 1 (2025) Vol. 2 No. 2 (2024) Vol. 2 No. 1 (2024) Vol. 1 No. 2 (2023) Vol. 1 No. 1 (2023)