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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 29 Documents
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Search results for , issue "Vol. 4 No. 1 (2026)" : 29 Documents clear
Fulfillment of the Right to Education for Refugee Children in the East Java Immigration Area: A Human Rights Law Perspective Syahrin, Alfi; Marwiyah, Siti; Taufik, Moh.
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1398

Abstract

Refugee children are a vulnerable group who often face obstacles in accessing education, even though this right is guaranteed in various national regulations. This study examines the fulfillment of the right to education for refugee children in the working area of ​​the East Java Regional Office of the Directorate General of Immigration from a human rights law perspective. This study aims to determine the national legal regulations regarding the right to education for refugee children and the role of the Regional Immigration Office in ensuring it. The results show that although several regulations guarantee the right to education in general, there are no technical provisions that specifically regulate the rights of refugee children. The East Java Regional Immigration Office acts as a coordination facilitator, but still faces challenges such as limited documentation, lack of policy synchronization, and poor understanding of technical implementers. Affirmative policies and national technical guidelines are needed, as well as strengthened cross-sectoral coordination so that the right to education for refugee children can be fulfilled fairly and inclusively.
Reinterpretation of the Principle of Family, Chapter 33 of the 1945 Constitution of the Republic of Indonesia in the Era of Platform Capitalism within the Framework of the Modern Economy of the 21st Century Zaenudin, KM Ibnu Shina; Nurhayati, Rika; Bakar, Bakar
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1404

Abstract

The modern economy, which relies on Big Data architecture and sophisticated algorithms, presents a disturbing information loop in today's development landscape. This research uses a normative-empirical legal research method (socio-legal research) with a contextual and comparative approach. Philosophically, the principle of kinship in Chapter 33 of the 1945 Constitution of the Republic of Indonesia rejects the liberal anthropological view that views humans solely as rational, selfish, profit-seeking creatures. In relation to the implementation of the contemporary social function of the digital economy, this demands a bold regulatory strategy to counter the concentration of power in the digital oligarchy. The first strategy is to redefine data ownership through the establishment of Data Cooperatives or Data Trusts. By making workers the owners of the platform, profits no longer flow abroad or to a handful of investors but circulate back into the worker community itself, creating a healthy and equitable economic circulation as mandated by Article 33 of the 1945 Constitution of the Republic of Indonesia.
Foreign Worker Employment Violations in Majalengka: A Legal Analysis Based on Law No. 13 of 2003 Syafiq, Herry Farhan
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1419

Abstract

This study analyzes violations in the employment of foreign workers (TKA) in Majalengka Regency under Law Number 13 of 2003 on Manpower and its implementing regulations, including Government Regulation Number 34 of 2021 and Minister of Manpower Regulation Number 8 of 2021. Majalengka offers a distinctive case due to rapid industrial growth and rising foreign labor utilization, which heighten local regulatory and supervisory challenges. The research uses a normative legal method with statutory and conceptual approaches, supported by qualitative analysis to identify common violation patterns. The findings reveal recurring violations, including the employment of foreign workers without approved RPTKA, mismatches between job positions and work locations, failure to implement mandatory skill transfer programs, non-payment of the Compensation Fund (DKPTKA), and inconsistencies in immigration permits. These issues stem from weak inter-agency coordination, low corporate compliance awareness, and the absence of measurable standards for evaluating skill transfer.  The study recommends risk-based joint inspections, integration of RPTKA data with workforce realization, measurable skill transfer standards, graduated administrative sanctions, and strengthened compliance campaigns to ensure legal certainty and protect local workers.
The Balance of Legal Protection Between the Rights of Patients and Medical Personnel from the Perspective of Health Law Hermanto, Dilly; Jumiati, Jumiati; Ula, Alifiya Rofikhatul; Hernawati, Hernawati
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1421

Abstract

This study aims to analyze the balance of legal protection between the rights of patients and medical personnel from the perspective of Law Number 17 of 2023 concerning Health. The dynamics of healthcare services demonstrate the need for fair legal certainty for patients as service recipients and for medical personnel as professional practitioners. This study uses normative legal methods with a statutory and conceptual approach. Legal materials are analyzed qualitatively through systematic and teleological interpretation of provisions governing patient rights, consent for medical procedures, and professional protection for medical personnel. The results show that normatively, the law has accommodated a balance of legal protection by strengthening patient rights and providing protection for medical personnel who work according to professional standards. However, challenges remain in the implementation aspect, particularly in dispute resolution mechanisms and proving medical negligence.
Civil Dispute Resolution Strategy Through Alternative Dispute Resolution (ADR) Pandi, Marlinda Martha Fenny; Astutik, Sri; Ayuningtiyas, Fitri; Sylvia Purborini, Vivi
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1422

Abstract

Civil dispute resolution in Indonesia is generally conducted through litigation; however, court proceedings are often time-consuming, costly, and tend to produce win-lose outcomes that may harm the relationship between the disputing parties. As an alternative, Alternative Dispute Resolution (ADR) offers a more efficient and constructive approach to resolving civil disputes. This study aims to examine the background of ADR as a strategy for civil dispute resolution and to analyze the effectiveness of mediation in court proceedings. This research employs a normative legal method using statutory and conceptual approaches. Primary legal materials include Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution and Supreme Court Regulation (PERMA) Number 1 of 2016 on Mediation Procedures in Courts. Secondary materials such as legal literature and scholarly journals support the analysis. The data are analyzed descriptively and qualitatively. The findings indicate that ADR is philosophically grounded in the values of Pancasila, particularly deliberation and consensus, and sociologically aligned with Indonesia’s customary tradition of peaceful settlement. Although mediation is mandatory in civil cases, its effectiveness remains limited due to a lack of good faith from disputing parties, insufficient public understanding, and suboptimal implementation. In conclusion, ADR, particularly mediation, serves as a relevant and strategic mechanism for resolving civil disputes in Indonesia, but its success depends on the parties’ willingness to settle and the effective role of mediators and courts.
Implementation of the Rights of Justice Collaborators to Get Reduced Sentences in the Crime of Murder Putra, Dany Ardiansah; Prawesthi, Wahyu; Nasoetion, Dedi Wardana
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1423

Abstract

The concept of a Justice Collaborator (JC) has become an important instrument in criminal law enforcement, particularly in uncovering complex crimes. A justice collaborator refers to a perpetrator who cooperates with law enforcement authorities by providing significant information to reveal a criminal act and identify other perpetrators. In Indonesia, the recognition of justice collaborators is regulated in Law Number 13 of 2006 as amended by Law Number 31 of 2014 concerning the Protection of Witnesses and Victims, as well as Supreme Court Circular Letter Number 4 of 2011. This study examines the implementation of the rights of justice collaborators to obtain sentence reduction in cases of murder and analyzes the legal considerations applied by judges in granting such leniency. This research employs a normative legal method using statutory and conceptual approaches. Primary legal materials consist of relevant laws and regulations, while secondary materials include legal doctrines and scholarly articles. The data are analyzed qualitatively through descriptive analysis. The results indicate that although justice collaborators are legally entitled to special protection and the possibility of sentence reduction, their implementation in murder cases is not automatic and depends heavily on judicial discretion. Judges consider several factors, including the significance of the information provided, the role of the offender in the crime, and the consistency of cooperation during the investigation and trial process. The study concludes that clearer legal standards and consistent judicial application are necessary to ensure legal certainty and fairness in granting sentence reductions to justice collaborators in murder cases.
The Legal Standing And Validity Of Smart Contracts as Assessed Under The Requirements of a Valid Contract in Indonesian Civil Law Halim, Chandera
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1424

Abstract

This research examines the legal standing and validity of smart contracts under the requirements of a valid contract in Indonesian civil law, particularly within the framework of Article 1320 of the Indonesian Civil Code (Burgerlijk Wetboek), which requires consent, legal capacity, a specific object, and a lawful cause. Using normative juridical research with statutory and conceptual approaches, the study analyzes civil law provisions, regulations on electronic information and transactions, and doctrinal perspectives on digital contract law. The findings indicate that smart contracts can, in principle, fulfill the elements of a valid contract, especially regarding consent and object, as long as the parties’ intentions are identifiable and the contractual terms are sufficiently clear despite being expressed in code. However, challenges remain in assessing legal capacity, ensuring genuine consent, and determining lawful cause, particularly when execution occurs autonomously without direct human involvement. Therefore, although Indonesian civil law allows their recognition, clearer legal interpretation and regulatory development are necessary to ensure legal certainty and protection of the parties.
Implementation of the Law in Confirming the Boundary between Nagari Koto Kaciak and Nagari Duo Koto in Agam Regency Syukri, Ahda; Haskar, Edi; Farda, Nessa Fajriyana
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1425

Abstract

National refugee children are a vulnerable group who often face obstacles in accessing education, even though this right is guaranteed in various regulations. This study aims to determine national legal regulations regarding the right to education for refugee children and the role of the Regional Immigration Office in ensuring it. This research method is descriptive analytical with a sociological juridical approach. The results show that although several regulations guarantee the right to education in general, there are no technical provisions that specifically regulate the rights of refugee children. The East Java Regional Immigration Office acts as a coordination facilitator, but still faces challenges such as limited documentation, lack of policy synchronization, and lack of understanding of technical implementers. Affirmative policies and national technical guidelines are needed, as well as strengthened cross-sectoral coordination so that children's right to education can be fulfilled fairly and inclusively.
Recognition of Children Outside of Marriage Reviewed from Positive Law in Indonesia Ramadhan, Muhammad Erdiansyah Ceisar; Prawesthi, Wahyu; Damayanti, Sri Sukmana
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1432

Abstract

The recognition of children born out of wedlock remains a significant legal issue within the framework of Indonesian positive law. Children, as subjects of law, are entitled to protection and equal treatment regardless of the circumstances of their birth. However, prior to the Constitutional Court Decision Number 46/PUU-VIII/2010, children born outside lawful marriage were legally recognized as having civil relations only with their mother and her family, resulting in limited access to paternal rights. This normative juridical research employs a statute and conceptual approach to examine the legal regulation and protection of children born out of wedlock under Indonesian law. The study analyzes the Civil Code, the Marriage Law, the Population Administration Law, and relevant Constitutional Court rulings. The findings indicate that, following the Constitutional Court’s decision, children born out of wedlock may establish civil legal relations with their biological father, provided that biological paternity is proven through lawful evidence, including scientific methods such as DNA testing. Nevertheless, practical challenges remain, particularly concerning procedural requirements and judicial discretion, which may hinder full legal protection. Therefore, stronger regulatory harmonization and legal certainty are necessary to ensure comprehensive protection of children’s civil rights.

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