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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 19 Documents
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Search results for , issue "Vol. 4 No. 1 (2026)" : 19 Documents clear
Legal Protection of the Status and Rights of Biological Children (Case Study of Determination Number 114/Pdt.P/2025/Pa.Bi) Khairunnisa, Salsabila; Harahap, Burhanudin; Aldyan, Arsyad
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1245

Abstract

This study aims to analyze the legal protection of the status and rights of biological children according to Islamic law and the Child Protection Law, especially in assessing the suitability of the judge's legal considerations in Determination Number 114/Pdt.P/2025/PA. Bi to the principles of child justice and the fulfillment of civil rights without burdening children due to parental errors. The method used is normative juridical by examining Islamic legal norms through sharia maqasid and national laws and regulations, through literature studies on primary legal materials in the form of court decisions and secondary, analyzed qualitatively with normative interpretation. The results of the study show that Islamic law places biological children as a divine mandate that is protected by nasab for the sake of hifz al-nasl, even though the legal status is limited to sharia marriage so that the right of inheritance of faraidh does not fully apply to children of serial polygamy as in the case of Determination 114/Pdt.P/2025/PA. However, the rights to alimony, education, and affection must still be fulfilled by the father reasonably to be independent; The Child Protection Law guarantees the right to identity, health, and participation without discrimination through a complete birth certificate after biological attestation via DNA test, although judges' considerations often limit legal status due to administrative violations of parental marriage, so that children only receive partial rights such as alimony through a district court lawsuit without full guardianship or inheritance priority, which has the potential to cause social stigmatization and difficulty accessing public services such as scholarships or BPJS in areas such as Kediri; This gap creates a subjective injustice because the child is innocent, as the Constitutional Court's Decision expands biological civil relations in the best interests of the child, but the implementation of religious courts is still formalistic so that optimal protection requires harmonization through progressive fatwas and restorative mediation to ensure family reintegration and long-term psychological stability of children.
Implementation of the Health Law in Providing Legal Protection for Medical Personnel and Patients in Indonesia Sari, Fenti Maya; Ropii, Imam
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1246

Abstract

This study aims to analyze the regulation, implementation, and effectiveness of Law Number 17 of 2023 concerning Health in protecting medical personnel and patients from medical disputes, using a normative legal approach method through a literature study of primary materials in the form of related and secondary laws such as journals and health law doctrines, followed by qualitative analysis based on legal reasoning to interpret norms, consistency of regulations, and juridical implications in service practice. The law regulates balanced protection through the rights of medical personnel to a legal umbrella while complying with professional and patient standards for complete information and informed consent, its implementation is realized through hospital mediation, Professional Disciplinary Councils, and safety protocols that reduce malpractice and violence, while its effectiveness can be seen from reducing litigation conflicts, improving service quality, and public trust through socialization and audits of the Ministry of Health which ensures a harmonious health ecosystem in Indonesia.
Analysis of Public Policy of The Ministry of Law and Human Rights of West Kalimantan in Encouraging Trademark Registration Husyam, Husyam; Supardi, Supardi; Faqih, Zakiyul
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1268

Abstract

Trademark registration plays a crucial role in protecting businesses and helping to create healthy and fair businesses. Through public policy, the government is responsible for ensuring that trademark protection is accessible and utilized by the public, particularly businesses. This article examines how policies implemented by the Ministry of Law, specifically the West Kalimantan Regional Office of the Ministry of Law, encourage businesses to register their trademarks as a form of legal protection and to strengthen the regional economy. This research uses a qualitative approach with public policy analysis and legal effectiveness theory to determine whether existing policies are running according to their objectives and meet real-world conditions. The study results indicate that the West Kalimantan Ministry of Law and Human Rights has undertaken various efforts, such as outreach, mentoring, and facilitation of trademark registration in accordance with Law Number 20 of 2016 concerning Trademarks and Geographical Indications. These efforts have been quite effective for businesses directly involved in government programs, particularly fostered MSMEs. However, this policy has not been widely recognized due to low legal awareness, economic constraints, and the public's perception that trademark registration is not yet a necessary necessity. Therefore, a strengthened state role, more integrated policies, and cross-sectoral collaboration are needed to ensure a more effective and sustainable trademark registration policy.
Patient Protection in the Health Service System Based on Law Number 17 of 2023 Concerning Health Suhirman, Agung; Ropii, Imam
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1271

Abstract

This study aims to analyze the implementation of patient protection in the health service system based on Law Number 17 of 2023 concerning Health. The method used is a normative method, with a study approach to applicable legal norms through literature studies in the form of books, journals, and the latest official regulatory documents. The analysis was carried out systematically to understand the substance, implications, and effectiveness of the provisions of the law in protecting patients' rights. The results of the study show that Law Number 17 of 2023 provides a strong legal basis in guaranteeing patients' rights to information, approval of medical procedures, and quality health services. However, the implementation of patient protection still faces various obstacles such as a lack of understanding of medical personnel and health facility managers regarding the new rules, limited resources, and a complaint mechanism that is not optimal. The active role of medical personnel and health institutions is crucial in implementing this protection, especially through the application of professional standards, effective communication with patients, and strict supervision. Strategic efforts identified include increasing socialization and education, strengthening accountability, utilizing information technology, developing an organizational culture that respects patients' rights, and strengthening cross-sector cooperation. The implementation of these measures is expected to improve the quality of safe, fair, and sustainable health services, while increasing public trust in the national health system.
Class Action Lawsuits as a Mechanism of Civil Liability in Environmental Disputes Chandera, Helidorus
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1295

Abstract

This article examines class action lawsuits as a mechanism of civil liability in environmental disputes within the framework of environmental civil law. Environmental degradation and pollution often cause widespread and diffuse harm, affecting large groups of people whose individual losses are difficult to quantify and whose access to justice is frequently constrained by procedural and economic barriers. Against this background, the study aims to analyze the role of class action litigation in ensuring effective protection of victims’ civil rights and promoting environmental restoration through private law remedies. The research adopts a normative juridical method, combining statutory analysis of environmental legislation and civil liability doctrines with a conceptual approach to class action procedures, including principles of standing, representation, and remedies. The article finds that class action lawsuits function as an important procedural tool to operationalize civil liability in environmental disputes, particularly in addressing collective losses, enforcing strict liability, and facilitating compensation and environmental remediation. Class actions also strengthen access to justice by reducing litigation costs, balancing the power asymmetry between victims and corporate polluters, and enhancing the deterrent effect of civil liability without relying on criminal sanctions. However, their effectiveness depends on clear legal standards for group representation, proof of causation, and the formulation of restorative remedies. The study concludes that class action litigation should be further developed and consistently applied as a core civil law mechanism in environmental dispute resolution, as it aligns with the objectives of environmental protection, victim-oriented justice, and sustainable environmental governance.
Disparity in Religious Court Decisions in Divorce Cases Due to Apostasy: Normative Analysis and Legal Construction Arifin, Rosyid; Ambarwati, Mega Dewi
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1297

Abstract

This study aims to analyze the disparity of Religious Court decisions in divorce cases caused by apostasy and to formulate an appropriate legal construction for such cases. This research employs normative legal research using statutory, conceptual, and case approaches. The analysis focuses on three Religious Court decisions, namely Decision of the Bandung Religious Court No. 0166/Pdt.G/2017/PA.Bdg, Decision of the Palu Religious Court No. 0249/Pdt.G/2016/PA.Pal, and Decision of the Bandung Religious Court No. 147/Pdt.G/2012/PA.Bdg. Data were collected through document study of primary and secondary legal materials and analyzed qualitatively through inventory, classification, and systematization stages. The findings reveal a disparity in judicial reasoning regarding divorce due to apostasy. Some judges consider apostasy as the primary legal ground for divorce through fasakh, while others base their decisions on continuous disputes and marital disharmony resulting from apostasy. This disparity indicates inconsistency in the application of Article 116 letter (h) of the Compilation of Islamic Law, which requires apostasy to cause marital discord. Therefore, this study recommends a legal construction that recognizes apostasy as an independent ground for divorce without the necessity of linking it to continuous disputes, in order to ensure legal certainty and uniformity of decisions within the Religious Court system.
Criminal Law Enforcement Against Perpetrators of the Crime of Flying Hot Air Balloons (Study of Decision Number 114.Pid.B/2022/PN Mjy) Tarisa, Mona; Pratitis, Sugih Ayu
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1299

Abstract

Hot air balloon flights are considered as dangerous for aviation safety because they can interfere with air traffic and endangered aircraft, particularly when balloon materials risk being drawn into aircraft propellers. The Ministry of Transportation states that unauthorized hot air balloon flights may be subject to Article 411 of Law Number 1 of 2009 on Aviation, which provides for a maximum imprisonment of two years and a fine of up to IDR 500,000,000. This study examines the hot air balloon case decided in Decision Number 114/Pid.B/2022/PN Mjy, involving several defendants. The main legal issue concerns the judges' considerations in applying Article 411, given that the provision does not explicitly mention hot air balloons in its elements. Using normative juridical research based on secondary data and qualitative analysis, the study finds that the judges imposed criminal sanctions on the grounds that the defendants' actions violated Article 411 of the Aviation Law and Ministry of Transportation Regulation Number 40 of 2018. The defendants were sentenced to one month's imprisonment and a fine of IDR 1,000,000 each. However, ideally, criminal sanctions should not have been imposed due to the absence of explicit regulation of hot air balloons in Article 411
Legal Regulations for Customer Protection of Financial Products in Indonesia Nasution, Alvin Hamzah
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1312

Abstract

The rapid and complex development of the financial services sector in Indonesia has given rise to a variety of financial products with varying characteristics and levels of risk. This situation places customers in a vulnerable position due to information asymmetry, imbalanced bargaining power, and limited understanding of the legal aspects and risks of financial products. Therefore, legal regulations regarding customer protection are a fundamental need to ensure legal certainty, justice, and the protection of customer rights. This article aims to analyze the legal regulations for customer protection for financial products in Indonesia, emphasizing the normative basis, the role of supervisory authorities, and the forms of preventive and repressive legal protection. This research uses a normative legal method with a statutory and conceptual approach. The results show that customer protection has been regulated in various regulations, but its implementation still faces obstacles in terms of financial literacy, law enforcement, and the effectiveness of dispute resolution.
Criminal Law Enforcement for Children Who Perpetrated Hit-and-Run Accidents Resulting in Death in Traffic Accidents (Case Study Number 19/Pid.Sus-Anak/2024/PN.Mks) Ardiansyah, Nugra; Pratitis, Sugih Ayu
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1314

Abstract

A traffic accident is a sudden and unintentional incident on the road, involving a motorized vehicle and other road users, and causing human casualties and property damage. This study aims to analyze the enforcement of criminal law against children as perpetrators of hit-and-run accidents that result in death in traffic accidents. The research method used is a normative juridical approach with qualitative data analysis. The results show that the handling of children who commit hit-and-run crimes in Indonesia is regulated by Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, which emphasizes the principles of restorative justice, diversion, and the protection of children's rights. The role of parents, law enforcement officers, and the government is very important in prevention and response efforts. In practice, judges tend not to impose detention sentences to prevent children from being imprisoned.
The Application of the Principle of Balance Between the Parties in Standard Form Contracts under Civil Law Suryaningsih, Suryaningsih; Purborini, Vivi Sylvia; Kasmin, Kasmin; Novitasari, Rika; Harsanti, Tikka Dessy
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1325

Abstract

Standard form contracts are widely used in business activities due to their efficiency and practicality. However, their unilateral nature often places one party, particularly consumers, in a weaker bargaining position. This condition raises concerns regarding the application of the principle of balance between the parties as a fundamental principle in civil law. This study aims to analyze the application of the principle of balance in standard form contracts under civil law and to examine the extent to which existing legal regulations provide protection for the weaker party. This research employs a normative juridical method by analyzing statutory regulations, legal doctrines, and relevant legal principles, particularly those contained in the Civil Code and consumer protection laws. The results of the study indicate that although the principle of balance is recognized in civil law, its implementation in standard form contracts has not been fully realized, as many contractual clauses tend to favor business actors. Therefore, stronger legal safeguards and stricter supervision are required to ensure fairness and balance between the parties in standard form contracts.

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