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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 42 Documents
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Search results for , issue "Vol. 3 No. 2 (2025)" : 42 Documents clear
Judicial Considerations on Legal Protection for Insurance Policyholders in Bankruptcy Cases of Insurance Companies: An Analysis of The Supreme Court Decision No. 408 K/Pdt.Sus-Pailit/2015 Batubara, Beni Arbi
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.1058

Abstract

The bankruptcy of an insurance company represents a complex legal phenomen on that generates significant implications, particularly concerning the protection of policyholders’ rights. This situation demonstrates that, to date, the existing national regulatory framework has not yet been fully effective in anticipating the diverse legal consequences arising from the insolvency of insurance institutions. In practice, such circumstances often result in substantial financial losses for policyholders, primarily because the insurance premiums that have been paid during the validity of the insurance agreement become difficult to recover. This difficulty arises from the fact that the insolvent insurance company is legally incapable of fulfilling its contractual obligations. Consequently, the policyholders’ entitlement to the benefits of risk transfer an essential purpose of insurance cannot be realized as intended. Within the legal relationship between the policyholder and the insurance company, the policyholder occupies the position of a consumer who receives financial service benefits. As consumers, policyholders are entitled to legal protection against any actions, policies, or conditions that could potentially cause harm or loss. In this regard, policyholders, as consumers of financial services, possess a constitutional right to adequate legal protection, including in situations where the insurance company has been declared bankrupt. Such protection is essential to ensure that consumers’ rights are not disregarded and to maintain a fair balance between the interests of business actors and service users. Therefore, the government plays a crucial role in ensuring the establishment of an effective legal protection mechanism either through legislative instruments or regulatory oversight policies to safeguard policyholders from the adverse impacts of insurance company bankruptcy.
Accountability in the Management of Village Funds under Law No. 6 of 2014: An Analysis of Good Governance Implementation Tajudin, Tajudin; Hutasoit, Jones Andreas; Oktafiandri, Andini Namira
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.1070

Abstract

Accountability in village fund management remains a major governance issue in Indonesia, particularly concerning inconsistent reporting practices and limited community involvement. This study aims to examine the implementation of accountability principles in village fund management based on the mandates of Law No. 6 of 2014 concerning Villages. Using a qualitative approach, data were collected through document reviews, field observations, and interviews with key stakeholders involved in village financial administration. The findings reveal that the principles of accountability have been practiced through participatory meetings, transparent financial reporting, and visual documentation as evidence of public responsibility. Nevertheless, village funds remain largely allocated to physical infrastructure, with community participation still limited in terms of substantive oversight. The study concludes that strengthening the capacity of village officials, optimizing digital-based financial reporting systems, and encouraging more active citizen participation are crucial strategies to promote transparency, accountability, and sustainability in village fund governance.
Efforts to Overcome Poverty Through Integrated Education and Business Skills As a Form of National Defense Afifah, Rifdah; Wahyudi, Slamet Tri
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.1075

Abstract

Poverty in Indonesia, affecting almost a quarter of the total population, or approximately 23.85 million people, is a structural issue that has a reciprocal relationship with low educational quality, creating a vicious cycle that impedes national progress. This condition is exacerbated by educational disparities, as reflected in Indonesia's low global ranking, and the state's failure to realize the mandate of the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945) to enlighten the nation through the effective allocation of 20% of the State Budget (APBN). The failure of the poor to acquire sufficient skills and critical thinking through education directly impacts national Human Resources (HR) quality and traps the country in the middle-income trap (mid-life crisis). This study aims to analyze the factors contributing to high poverty and low education, and to formulate policies that can integrate education and business skills as a fundamental effort in national defense (Bela Negara). This research employs the Normative Legal Research method using the statutory approach and the Conceptual Approach. The findings indicate that structural poverty and the state's failure to holistically implement the welfare state concept, including the inefficiency in allocating the 20% education budget, are the main factors perpetuating poverty. The proposed solution is an integrated policy that not only relies on social assistance and scholarships (KIP, KJMU) but also demands macro-economic reforms focused on inclusive growth and the development of education relevant to business skills as a permanent solution.
Development and Evolution of Indonesian Law from the Perspective of Development Law Theory Risnandar, Aep; Zaenudin, KM Ibnu Shina
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.893

Abstract

This research examines the development of Indonesian law from the perspective of the Theory of Development Law proposed by Mochtar Kusumaatmadja, emphasizing the role of law as a proactive agent in social transformation. Using a normative-juridical approach, the analysis focuses on strategic regulations such as the Investment Law and the Job Creation Law, which, despite aiming to boost economic growth, still fail to fundamentally address social inequality. This paper also explores the challenges of the digital age, particularly digital inclusion, data protection, and algorithmic fairness, which are becoming increasingly crucial in legal systems. The research results indicate that the current development of Indonesian law is more focused on economic growth, but is not yet effective enough in addressing social and economic inequality. The law needs to be reformed to be more just and inclusive, providing real protection for marginalized groups, and developing law theory must adapt to the digital era and the data economy. Digital regulation is important for data protection and inclusion, as well as leveraging technology to ensure justice and equitable access in technology-based development. These findings propose more inclusive and just legal reforms, focusing on strengthening legal institutions and culture to protect marginalized groups and ensure equal and transparent legal access for all members of society, and digital regulations must be developed to guarantee the protection of personal data, digital inclusion, and transparency using the latest technologies, so that the benefits of digital transformation can be felt equally without creating new disparities.
Analysis of Decision Number 291/Pdt.G/2024/Pa.Prob Regarding the Revocation of the Mediation Agreement Outside the Presence of the Defendant from the KHI Perspective and Civil Law Ayu, Fitri; Rusly, Fathullah; Irawan, Ahmad Soni
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.896

Abstract

This study aims to analyze the legal considerations of the panel of judges at the Probolinggo Religious Court in Decision Number 291/Pdt.G/2024/PA.Prob regarding the withdrawal of a mediation agreement in the absence of the defendant, from the perspective of the Compilation of Islamic Law (KHI) and civil law. The background of this research is based on the fact that mediation is a mandatory stage in civil cases, including divorce cases, as stipulated in Supreme Court Regulation Number 1 of 2016. However, in practice, problems arise when a mediation agreement is unilaterally withdrawn without the presence of one party, creating legal implications for the validity of the agreement. This research employs a qualitative method with normative juridical and empirical juridical approaches. Primary data were obtained through interviews with mediators, judges, and litigants, while secondary data were sourced from laws and regulations, legal literature, and case documents. The findings reveal that the withdrawal of a mediation agreement without the presence of the defendant has the potential to violate the principles of balance and good faith in agreements as regulated in Article 1338 of the Indonesian Civil Code. From the perspective of KHI, such an action is inconsistent with the principles of deliberation and amicable settlement as stipulated in Articles 115 and 116 of KHI. The panel of judges in this decision considered the existence of procedural violations in the withdrawal process, thereby declaring the mediation agreement non-binding. These findings emphasize the importance of the presence of both parties in the mediation and agreement withdrawal process to ensure legal certainty and substantive justice.
Reconstructing the Distribution of Inheritance in Islamic Family Law: Normative and Contextual Analysis in Indonesia Muklisin, Muklisin
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.937

Abstract

Inheritance disputes remain a common source of conflict in Muslim families in Indonesia, reflecting tensions between classical fiqh provisions, the Compilation of Islamic Law (KHI), customary practices, and judicial interpretation. This article reassesses the principles of inheritance distribution in Islamic Family Law and develops a reconstruction that is faithful to scripture while responsive to contemporary justice. Using a library research design with a normative-juridical approach, the study applies content analysis to primary sources (the Qur’an, Hadith, fiqh manuals of the four schools, and the KHI) and secondary sources (recent books, journal articles, and selected judicial rulings). The findings highlight three points: (1) legitimate juristic discretion—such as obligatory bequest, hibah, and amicable settlement—can bridge the gap between strict faraidh ratios and contextual justice; (2) Indonesian judicial practice tends to accommodate family welfare but lacks a consistent assessment framework; and (3) disputes often recur in determining heirs, classifying joint property, and applying the 2:1 ratio where female heirs face social or economic vulnerability. This study proposes a threefold test—justice (al-‘adalah), welfare (al-maslahah), and proportionality—as an interpretive tool to justify limited departures from faraidh in specific contexts without contravening Qur’anic injunctions. It concludes that reconstruction grounded in maqāṣid al-sharī‘ah provides a viable pathway to harmonize Islamic inheritance law with contemporary justice and Indonesia’s national legal framework
Online Hospital Medical Dispute Resolution Model to Create Fairness Seputra, Hawreyvian Rianda; Martien, Dhoni
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.938

Abstract

This research aims to develop an online medical dispute resolution model in hospitals to create fairness for patients and medical personnel. The method used is a qualitative study with a descriptive analysis approach, collecting data through observation, interviews, and literature studies on the mechanism of medical dispute resolution and the application of digital technology in the process. The focus of the research is focused on how online systems can provide transparent, efficient, and easily accessible access for all relevant parties. The results of the study show that the use of an online medical dispute resolution model is able to increase the effectiveness and efficiency in handling dispute problems in hospitals. This technology-based process not only speeds up communication and decision-making, but also reduces administrative burdens and reduces the potential for prolonged conflicts. The model allows for neater and more transparent documentation, helping to maintain accountability and integrity of the settlement process. In addition, the implementation of the online system can increase patient and medical satisfaction because case resolution becomes faster and communication is more open, creating a greater sense of justice in health services.
Juridical Review of The Use of CCTV E-Tickets in Traffic is Linked to Human Rights and The Right to Privacy of a Person Under The Constitution 1945 Monica, Tri; Sihombing, L. Alfies; Nuraeni, Yeni
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.1026

Abstract

This study aims to analyze the efficiency of CCTV usage in Indonesia’s E-Tilang system concerning traffic law enforcement and the protection of human rights, particularly the right to privacy as guaranteed under Article 28G(1) of the 1945 Constitution. The research employs a normative-empirical legal approach with descriptive-analytical methods. Data were collected through library research and interviews with police officials, the National Commission on Human Rights (Komnas HAM), and road users. Findings indicate that while E-Tilang effectively reduces traffic violations and minimizes extortion practices, it raises serious privacy concerns. Continuous CCTV surveillance without clear data retention limits, lack of transparency, and absence of post-enforcement data deletion mechanisms risk violating the purpose limitation and data minimization principles under Indonesia’s Personal Data Protection Law No. 27/2022. Therefore, regulatory reform based on privacy by design principles is essential, including establishing an independent oversight authority and enhancing public participation.
Legal Protection and Certainty for Children Born Out of Wedding Through Legal Remedies Recovering the Child's Origin in the Court (Analysis of Decision Number 196/Pdt.P/2023/Pn.Cbi) Salimah, Alvy Nur; Satory, Agus; Mahipal, Mahipal
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Legal protection and guarantees for illegitimate children are crucial issues in the Indonesian family law system, as their legal status often faces discrimination and uncertainty regarding the recognition of civil relationships, inheritance, and access to basic rights. This study aims to examine legal steps that can be taken to provide legal protection and guarantees for illegitimate children, particularly through the process of applying for a determination of the child's parentage in court. Using a normative juridical approach and case analysis, this study analyzes relevant legal provisions, court decisions, and the principles of human rights and the best interests of the child as stipulated in the Convention on the Rights of the Child and national regulations. The research findings reveal that although illegitimate children have historically faced a number of legal obstacles, developments in jurisprudence following Constitutional Court Decision No. 46/PUU-VIII/2010 have provided an opportunity for the recognition of civil relationships between children and their biological fathers through the process of applying for a determination of parentage in court. However, implementation in the field continues to face obstacles, both procedural and socio-cultural. Therefore, harmonization of legal norms, increased capacity of judicial officials, and extensive outreach are needed to ensure that every child, regardless of their origin, receives fair and non-discriminatory legal protection and certainty.
The Role of Law and Human Rights in Ensuring Social Justice and Poverty Eradication Through Social Assistance Ningsih, Putu Ayu Veguita Putri; Wahyudi, Slamet Tri
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.1028

Abstract

Poverty is a scourge in this country. In this case, the government uses a social assistance approach in the form of basic food supplies for the poor. This raises questions when confronted with the concept of the rule of law and human rights in relation to the state's solution in providing social assistance to them. The research method used is normative juridical with a legislative approach and a conceptual approach. The results of the study show that the state uses a social assistance approach in the form of basic food supplies as a short-term solution, ignoring the actual economic conditions. Then, the state needs to formulate concrete legislation in order to provide definite social assistance to the lower-middle class so that the presence of the state as a state based on the rule of law and human rights becomes more certain by providing long-term solutions.

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