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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
New Direction of National Law Reform Through Revision of The Criminal Code Sukma, Dara Pustika; Kurniawan, Itok Dwi
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.1039

Abstract

The revision of the Criminal Code (KUHP) is a strategic step in realizing the reform of national law based on the values of Pancasila and the 1945 Constitution of the Republic of Indonesia. The old Criminal Code as a product of Dutch colonialism (Wetboek van Strafrecht) is considered irrelevant to social, cultural, economic, political, and technological developments in Indonesia, which is undergoing reform. Through the establishment of the new Criminal Code, the government seeks to present a criminal law system that is more humane, fair, and reflects the nation's identity. This reform is also a form of legal decolonization and national independence in building a national legal system with Indonesian personality. This study aims to analyze the urgency of revising the Criminal Code in the context of national law reform and assess its implications for the criminal law system in Indonesia. Using a normative juridical approach, this study emphasizes that the revision of the Criminal Code is not just a textual change, but a substantial transformation towards a criminal law that is in accordance with the values of social justice and universal humanity.
Analysis of Waste Management Policy by the Dumai City Environmental Agency: Literature Review Puja, Rahmadini; Sumiati, Sumiati; Erinaldi, Erinaldi
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.1125

Abstract

Waste management has become a strategic environmental issue for Dumai City, an industrial area with a high and continuously increasing volume of daily waste, thereby requiring policies capable of responding to environmental and operational challenges in a sustainable manner. This study aims to analyze the waste management policy implemented by the Dumai City Environmental Agency using Dunn’s six policy evaluation indicators: effectiveness, efficiency, adequacy, equity, responsiveness, and appropriateness. The research applies a literature review method by examining local regulations, official government reports, news publications, and relevant previous studies. The findings show that Dumai’s waste management policy is supported by a strong regulatory framework, including regional regulations and mayoral decrees, and is strengthened through various programs such as waste banks, the restructuring of the Mekar Sari landfill, expansion of the sanitation fleet, and collaboration with the Ministry of Environment and Forestry. However, policy implementation still faces several obstacles, including the high waste generation reaching 180 tons per day, limited landfill capacity, inadequate processing facilities, low public awareness of waste sorting, and uneven distribution of waste management services. These issues indicate that although the policy direction is appropriate and responsive to community needs, its effectiveness and adequacy require significant improvement through increased infrastructure capacity, additional processing technology, expansion of 3R programs, and intensified public education. This study underscores the need for a more comprehensive and sustainable strategy that integrates government efforts with active community participation to enhance the overall effectiveness of waste management in Dumai City.
Mediation as an Alternative to Resolving Problematic Credit in Banking Financial Institutions Yasid, Muhammad
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.1054

Abstract

The problem of non-performing loans (NPLs) remains a major challenge for banking financial institutions due to its direct implications for liquidity, profitability, and the stability of the national financial system. To date, resolution of non-performing loans has generally been carried out through litigation, which is known to be time-consuming, expensive, and provides little flexibility for the disputing parties. This study focuses on analyzing the effectiveness of mediation as an alternative for resolving non-performing loan disputes in the banking sector by examining the regulatory framework, implementation practices, and factors determining its success. Using a normative juridical approach and descriptive qualitative analysis methods, this study explores various legal provisions such as Law Number 30 of 1999, PERMA Number 1 of 2016, and POJK Number 18/2018 and POJK Number 61/2020 concerning the LAPS FSS. The results indicate that mediation has the potential to be an efficient, low-cost, and equitable mechanism for resolving non-performing loans, especially for the micro, small, and medium enterprises (MSMEs) and consumer credit segments. However, its implementation remains suboptimal due to the lack of legal requirements, low awareness among the parties, and limited competence of mediators in the financial sector. Therefore, strengthening regulations, increasing the capacity of mediators, and fostering a legal culture that supports peaceful dispute resolution are necessary for mediation to function optimally as an instrument of substantive justice while maintaining the stability of the national financial system.
The Illusion of the Presumption of Innocence in the Indonesian Criminal Justice System: A Hermeneutic Approach Widiartana, Gregorius; Setyawan, Vincentius Patria
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.1129

Abstract

Recent high-profile criminal cases in Indonesia have exposed significant gaps between the formal guarantee of the presumption of innocence and its practical application. This study aims to critically examine the “illusion” of the presumption of innocence in the criminal justice system, highlighting how public opinion and media coverage undermine this fundamental principle. The research adopts a hermeneutic approach, emphasizing interpretative analysis of legal texts, court decisions, and media representations to explore the dynamic interplay between normative law and social reality. Findings reveal that, despite its codification in the Indonesian Criminal Procedure Code, the presumption of innocence is frequently compromised in practice: suspects are often treated as guilty prior to judicial determination, influenced by sensationalist reporting and societal pressure. This discrepancy generates a gap between the formal text of the law and its lived reality, producing a sense of procedural injustice and eroding public trust in the judiciary. The study concludes that the presumption of innocence in Indonesia functions more as a normative ideal than an operational reality, particularly in cases that attract widespread media attention. Hermeneutic analysis demonstrates that restoring the principle’s substantive meaning requires a contextual understanding of law as both a normative and social phenomenon, alongside heightened awareness among legal practitioners, media actors, and the public regarding the ethical and procedural obligations inherent in criminal adjudication. The study underscores the necessity of integrating interpretive, human-centered approaches within legal practice to reconcile law’s formal prescriptions with societal realities and to strengthen the operational effectiveness of fundamental procedural rights.
Study of Ahkam's Hadith on the Protection of Women in Cases of Domestic Violence Abdillah Wahid, Ahsan; Taufiq Hidayatur Rohman, Ahmad
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.1130

Abstract

This study aims to analyze Ahkam's Hadith related to the protection of women in cases of Domestic Violence (KDRT) with a focus on the definition of domestic violence in the perspective of Islamic law, the Concept of Women's Protection in Islam, the Analysis of Ahkam's Hadith on the Protection of Women from Domestic Violence, and the Relevance of Ahkam Hadith in the Modern Context. The research method used is a literature study with a qualitative-descriptive approach, where primary and secondary sources, including hadith books, classical Islamic literature, and domestic violence laws in Indonesia, are then critically analyzed. The results of the study show that Hadith Ahkam expressly prohibits all forms of violence against women and supports women's rights to be protected in the household, which is in line with the principles of positive law in Indonesia. Ahkam's hadith has strong relevance in the modern context and can serve as a moral and legal foundation in protecting women from domestic violence. The implication of this study is the need to strengthen education and legal awareness among Muslims regarding women's rights, as well as the integration of Islamic principles in broader public policy. Recommendations for further research are to examine the role of Islamic institutions in the prevention of domestic violence and conduct comparative studies on the application of Islamic law in various Muslim-majority countries to identify best practices that can be adopted in the Indonesian context.
A Juridical Review of The Practice of Inheritance Distribution Prior to The Division of Marital Property in East Angkola District, South Tapanuli Regency Harahap, Adi Gunawan; Siregar, Fatahuddin Aziz; Nasution, Muhammad Arsad
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.1147

Abstract

This paper aims to analyze the mechanism for distributing inheritance derived from marital property, identify the factors that contribute to the failure to separate such property prior to inheritance distribution, and examine this practice in light of the Compilation of Islamic Law (KHI). Marital property refers to assets acquired by a husband and wife during the course of their marriage until their separation. This study discusses the practice of dividing marital property following a death divorce (cerai mati) in Angkola Timur District, which deviates from the provisions of Article 96 paragraph (1) of the Compilation of Islamic Law. The article mandates that marital property must first be divided equally between the spouses upon the death of one party. The research employs a juridical-empirical method, utilizing primary data collected from the field and secondary data derived from Islamic legal literature and statutory regulations. The findings reveal several primary factors behind the failure to divide marital property: community customs that delay distribution until both parents have passed away, the reluctance of children to request distribution in accordance with the KHI, and situations in which the surviving husband remarries. According to the KHI, marital property must be separated prior to the distribution of inheritance. The absence of such separation results in injustice, familial conflict, and social disharmony within the community.
Psychological Resilience of Tulungagung Marble Artisans in Facing Legal Challenges and Market Competition Purborini, Vivi Sylvia; Masela, Minggus S.; Prahoro, Alfedro Putut; Sari, Lilis Yunita; Putri, Aisyah Bella Cahya
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.1159

Abstract

This study analyzes the psychological resilience of marble artisans in Tulungagung in facing increasingly complex legal challenges and market competition. The local marble industry confronts complicated licensing and environmental regulations, low levels of legal literacy, and competitive pressure from imported products and shifting consumer preferences, all of which generate psychological burdens such as stress and anxiety for the artisans. The research employs a qualitative approach enriched with quantitative data, using in-depth interviews with 18 artisans, field observations in marble production centers, and a resilience questionnaire administered to 20 respondents with an instrument adapted from the 25-item Connor-Davidson Resilience Scale.​ The results show an average resilience score of 72.8 (medium–high category), with optimism and persistence as the strongest dimensions, while stress regulation remains relatively weak, particularly in relation to legal and economic pressures. Thematic analysis reveals three main themes: the meaning of work as cultural heritage and social identity, legal uncertainty as a source of psychological stress, and community adaptation through mutual support and marketing innovation, including simple use of digital media. The findings also indicate a positive correlation between psychological resilience and market adaptation capacity, where artisans with higher resilience tend to be more innovative and more willing to experiment with new business strategies. The study concludes that resilience functions as important psychological capital for business sustainability, but its effectiveness is constrained by low legal awareness, thereby necessitating integrated interventions in the form of legal literacy empowerment and community-based resilience training for marble artisans in Tulungagung
Forced Repossession of Vehicles by Debt Collectors and Its Implications for Consumer Protection after the Constitutional Court Decision No. 18/PUU-XVII/2019 Susanto, Alfinto Rizky; Rifa’i, Muhammad Rifqi; Muhaimin, Ahmad; Hamidan, Friska Nova; Sahwal, Muhammad; Ifaza, Savina Distya
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.1162

Abstract

Forced repossession of vehicles by debt collectors in public spaces continues to occur despite the Constitutional Court Decision Number 18/PUU-XVII/2019, which affirms that the execution of fiduciary security may not be carried out unilaterally and must follow lawful procedures. This situation creates legal uncertainty for consumers and increases the risk of intimidation and violence in financing practices. This article examines the implications of the decision for consumer protection and law enforcement by assessing the gap between legal norms and practices in the field. This study employs a normative juridical method by analyzing statutory regulations, court decisions, and comparative evaluations of repossession practices, supported by mass media information and regulatory reports from Otoritas Jasa Keuangan (OJK) and Badan Perlindungan Konsumen Nasional (BPKN). The findings indicate that the Constitutional Court’s decision has transformed fiduciary execution by restricting creditors from forcibly seizing vehicles from debtors; however, weak supervision, limited understanding among law enforcement officials, and the involvement of uncertified third-party debt collectors continue to create opportunities for forced repossession practices. This study concretely identifies a gap between the provisions of Constitutional Court Decision No. 18/PUU-XVII/2019 and field practices, as forced repossession by debt collectors still occurs despite the requirement that fiduciary execution be conducted through the debtor’s consent or a court order. This gap arises from the absence of national standard operating procedures for law enforcement officers, weak oversight by the OJK over the use of debt collectors, limited police understanding of fiduciary execution, and low levels of consumer legal literacy. Therefore, this study emphasizes the need for technical regulations governing the operational procedures of fiduciary execution and the strict enforcement of administrative sanctions, including fines, license suspension, and operational bans, to ensure that constitutional provisions are implemented effectively and consistently in practice.
The Existence and Implications Of Land Bank Regarding The Ruling Of The Constitutional Court No. 91/PUU-XVIII/2020 On The Formal Test Of The Job Copyright Law Anwar, Khoirul; Irawan, Dhyan Andika; Rifai, Ahmad
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.1163

Abstract

The existence of a Land Bank is regulated by Article 125 to Article 135 of the Job Creation Law. Subsequently, a formal test was carried out on the Job Creation Law by the Constitutional Court, which in the Constitutional Court Decision No. 91/PUU-XVIII/2020, stated Law no. 11 of 2020 concerning Job Creation was declared formally flawed. In the seventh point of the Constitutional Court Decision No.91/PUU-XVIII/2020 dated 25 November 2021 it explicitly states the suspension of all government actions/policies that are strategic in nature and have broad implications, including the new implementing regulations of the Job Creation Law. The government is ordered to make improvements, within a maximum period of two years and if within that time no improvements are made, the Job Creation Law will become permanently unconstitutional. Even though the Constitutional Court's decision states that the Job Creation Law is still valid, it has no binding force. The method used in this study is a normative juridical approach, namely testing and tracing related to laws and regulations. The purpose of this study is to find out the existence and implications of the Land Bank institution, especially its derivative regulations related to the Constitutional Court Decision No.91/PUU-XVIII/2020 which states conditional unconstitutionality of the Job Creation Law, including the implementation of the Land Bank which is included in the category of strategic policies and has wide-reaching impacts according to the sound Article 4 of Law No. 11 of 2020 and the Constitutional Court's decision.
The Boundaries of the Force Majeure Defense in Civil Disputes: A Study of Decision Number 162/PDT/2021/PT DPS Mutiara, I Made Cinta; Akbar, Ferdi Raditya; Aini, Hanifah Qurrotu; Andriyanto, Fransisca Dealova; Gladys, Juniartha; Azhar, Muhamad Davindra; Alfarel, Muhammad Arkan; Azmina, Fayza; Rizkianti, Wardani
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.1165

Abstract

A contract forms the legal relationship between parties that creates binding rights and obligations as regulated in Article 1338 of the Indonesian Civil Code (KUHPer). However, the performance of a contract may be hindered by events beyond human can control, known as force majeure. Under Articles 1244 and 1245 of the Civil Code, a party who fails to fulfill its obligations due to force majeure may be released from liability for damages. This study aims to analyze the limits of force majeure as a legal defense in civil disputes through a case study of Decision Number 162/PDT/2021/PT DPS between PT Royal Pacific Nusantara and PT Lorenz Marble. The research employs a normative legal method with statutory, case, and conceptual approaches, using primary legal materials such as the Civil Code and court decisions, as well as secondary materials including legal books and scholarly journals related to force majeure. The results indicate that the court recognized the Covid-19 pandemic as a relative force majeure, which temporarily hinders the performance of contractual obligations but does not permanently extinguish them. The judges found that the defendant was not negligent, as they demonstrated good faith and efforts to fulfill obligations despite global disruptions. Thus, the boundaries of force majeure as a defense are determined by the causal relationship between extraordinary events and the inability to perform, along with the good faith of the party invoking the defense.

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