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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. 2 (2026)" : 29 Documents clear
The Impact of Legal Pluralism on Human Rights Protection in Health Services Fenti Maya Sari; Syifa Nur Lathifah; I Putu Wahyu Budhi Sucita; Dedi Putra
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1848

Abstract

This research aims to analyze the influence of legal pluralism on the realization of human rights protection within the national health service system and to identify the juridical and sociological obstacles arising from normative conflicts between state law and local customary norms. A normative juridical approach is employed, focusing on the analysis of various regulations, norms, and legal doctrines pertaining to human rights protection in the healthcare system, supported by library research techniques involving primary, secondary, and tertiary legal materials analyzed qualitatively through legal interpretation. Interaction between state law and local norms frequently exhibits a dominative-subordinative pattern that triggers tension, where rigid formal health regulations often clash with beliefs or traditional customs held by local communities. Individuals are often placed in vulnerable positions when forced to choose between formal medical procedures and obedience to customary authority, resulting in various human rights violations such as access discrimination, disregard for informed consent, and the denial of life-saving medical actions that contradict human rights principles. Neglect of this legal pluralism creates a dangerous zone for fundamental human rights, necessitating concrete steps such as policy synchronization, formalization of safe traditional medical practices, strengthening legal literacy, and cross-element dialogue to harmonize state law and local norms, thereby ensuring consistent and equitable rights to health.
Reconstruction of Certainty and Efficiency-Based Execution of Guarantee Objects: A Legal Comparative Approach Basyarudin Basyarudin; Sahrul Hanafi
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1849

Abstract

The execution of the object of collateral is a crucial phase in the material guarantee legal system because it determines the effectiveness of creditor protection and legal certainty in settling receivables. In Indonesian law, the Right of Dependency is designed as a guarantee instrument that gives preferential position and executory power to creditors. However, practice shows that the mechanism for the execution of the collateral object has not been fully implemented definitively and efficiently, and often even gives rise to further disputes. This study aims to analyze the structural problems of the execution of collateral objects in Indonesia and formulate a reconstruction of the execution mechanism based on legal certainty and efficiency through a comparative legal approach. This research uses normative legal research methods with legislative, conceptual, case, and comparative legal approaches. The results of the study show that the uncertainty of execution is caused by conflicts between legal regimes, ambiguity of execution norms, weak protection in execution auctions, and pre-execution problems related to the binding of guarantees. Through comparison with practices in other countries, this study found that the certainty and efficiency of execution can only be realized through coherent system design, post-execution dispute resolution, and harmonization between legal regimes. This research offers a reconstruction model of the execution of the collateral object that affirms the final character of the execution, strengthens the protection of parties in good faith, and integrates the principles of legal certainty and efficiency as a normative framework. This reconstruction is expected to be a reference for the renewal of the law on the execution of material guarantees in Indonesia
The Role of Constitutional Law in the Development of A Democratic System of Government and Social Justice in Indonesia Diana Fitria Ayuningtyas; Rusdianto Rusdianto; Fry Anditya Rahayu Putri Rusadi
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1851

Abstract

This study aims to analyze the role of constitutional law in building a democratic system of government and realizing social justice in Indonesia. This study uses a descriptive qualitative approach with a literature study method as a data collection technique. The data obtained are analyzed through three stages, namely data reduction, data presentation, and drawing conclusions. The focus of this study is to understand how the constitution as the basic law of the state functions to guarantee the principles of democracy and ensure the creation of equitable welfare for the entire community. The results of the study indicate that constitutional law has a crucial role in forming a democratic system of government through the principles of popular sovereignty, separation of powers, supremacy of law, and protection of human rights. The checks and balances mechanism regulated in the constitution is an important instrument in preventing abuse of power and ensuring accountability in state governance. In addition, social justice as a constitutional mandate is realized through policies that are inclusive and oriented towards the welfare of the community, especially for vulnerable groups. However, there are still challenges in the implementation of constitutional law, such as weak law enforcement, social inequality, and corrupt practices that hinder the achievement of substantial democracy and equitable social justice. Thus, efforts to improve through institutional reform, increased transparency, and public participation in policy making are important steps in strengthening the role of constitutional law in Indonesia.
Platform Liability as a Personal Data Controller for The Processing of Emergency Contact Data in Fintech Lending Agreements (A Study on The Kredit Pintar Platform) Raka Haikal Anfasya; Andriyanto Adhi Nugroho; Iwan Erar Joesoef
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1856

Abstract

The development of financial technology lending (fintech lending) drives service providers to collect and process users' personal data, including the personal data of emergency contacts as part of loan application requirements. In practice, the processing of emergency contact personal data is conducted based on standard clauses that require users to state that they have obtained consent from the party registered as an emergency contact and transfer certain liabilities to the user. This condition raises issues regarding the validity of personal data processing and the platform's liability as a Personal Data Controller under Law Number 27 of 2022 concerning Personal Data Protection. This research aims to analyze the validity of the processing of emergency contact personal data in the fintech lending agreement of the Kredit Pintar Platform based on Law Number 27 of 2022 concerning Personal Data Protection and to analyze the platform's liability as a Personal Data Controller for the processing of emergency contact personal data. This research utilizes a normative legal research method with a statute approach, a conceptual approach, and a contract study approach. Legal materials were obtained through a literature study and analyzed qualitatively using a prescriptive method. The results of the research indicate that the validity of processing emergency contact personal data is insufficient if it is merely based on the user's statement of having obtained consent from the emergency contact, but must satisfy a lawful basis for processing as well as the principles of personal data protection as regulated in the Personal Data Protection Law. Furthermore, the platform as a Personal Data Controller retains legal liability for the processing of emergency contact personal data; thus, clauses transferring liability to the user do not eliminate the platform's legal obligations to protect the rights of the Personal Data Subject.
Criminal Sanctions of Unregistered Marriage under Article 402 of Law No. 1 of 2023: Perspectives from Islamic Law and Human Rights Awwaliyatul Ilmi; Fathullah Rusly; Abd. Hannan
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1857

Abstract

Nikah siri (unregistered marriage) is a marriage that fulfills the essential elements and conditions required by Islamic law but is not registered with the competent authority as required by statutory regulations. The enactment of Article 402 of Law Number 1 of 2023 concerning the Criminal Code has generated debate due to the introduction of criminal sanctions related to marriage registration. This study analyzes the criminal sanctions under Article 402 and examines their compatibility with Islamic law and human rights principles. Employing normative legal research with statutory, conceptual, and comparative approaches, the study relies on primary, secondary, and tertiary legal materials analyzed through a descriptive-analytical method. The findings show that the criminal sanctions represent a criminalization policy intended to ensure legal certainty, orderly marriage administration, and the protection of women and children. From the perspective of Islamic law, nikah siri remains religiously valid because it fulfills the essential elements and conditions of marriage, while marriage registration serves as a maslahah instrument consistent with the objectives of Maqasid al-Sharia, particularly the protection of lineage, honor, and property. From a human rights perspective, the regulation is acceptable insofar as its implementation complies with the principles of legality, proportionality, freedom of religion, and the right to form a family. Therefore, Article 402 should be enforced proportionately to balance legal certainty, justice, public interest, and human rights protection
Regulations on Reusing Phone Numbers in Indonesia and the European Union Nazzarina Saharani; Adfiyanti Adfiyanti; Rahmia Rachman
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1859

Abstract

The practice of reusing (recycling) expired mobile phone numbers is an administrative necessity for the sake of limited numbering efficiency. However, in the digital ecosystem, this phenomenon poses a residual data risk that threatens constitutional privacy rights because new numbers are often still linked to the old owner's bank accounts and social media. This study aims to analyze the legal construction of phone number reuse from the perspective of personal data protection and to formulate the form of legal accountability of telecom providers for the damages caused. The research used a normative juridical method with a statute approach, a conceptual approach, and a comparative approach. The study found a conflict between Minister of Communication and Informatics Regulation No. 14 of 2018, which focuses on numbering efficiency, and Law No. 27 of 2022 on Personal Data Protection (PDP Law). Telecom operators, as Data Controllers, have a legal responsibility to apply the right to erasure before giving out phone numbers again. If they don't make sure a number is 'clean,' they can be sued in civil court for breach of contract (Article 1239 of the Civil Code) or for unlawful acts (Article 1365 Civil Code in conjunction with Article 12 of the PDP Law). This study recommends reconstructing sectoral regulations by adopting the Privacy by Design principle through providing interconnection clearing Application Programming Interface (API) infrastructure across platforms to ensure legal certainty and consumer protection.
Synchronization Between Election Campaign Regulations and University Autonomy Rules Nabilah Qonita Maharani; Imran Imran; Mohammad Safrin
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1866

Abstract

The Constitutional Court's decision that allows election campaigning in academic settings sparks an existential dilemma for educational institutions, where the line between maintaining political neutrality and upholding campus autonomy becomes blurry, leading to legal uncertainty. This normative legal research aims to analyze the synchronization of election campaign regulations with university autonomy, as well as to examine the implementation and impact of enforcing neutrality rules. Using Hans Kelsen's Stufenbau Theory and Lawrence Friedman's Legal Effectiveness Theory, this study looks into the tension between the norms of Law No. 7 of 2017 on Elections and Law No. 12 of 2012 on Higher Education. Research results show that there is horizontal antinomy at the law level, which triggers legal dualism. Although the Constitutional Court Decision No. 69/PUU-XXII/2024 has mitigated this tension through conditional campaigns with the Rector's permission, vertical misalignment still occurs in KPU Regulations that contain complicated administrative restrictions, making them materially flawed (lex superior derogat legi inferiori). On the other hand, a total ban on campaigning through college statutes is seen as hierarchical disobedience (normative disobedience). From a legal effectiveness perspective, enforcing neutrality has not been effective and is subordinate due to gaps in the law (leemten in het recht) in the legal substance, overlapping authority between Bawaslu, BKN, and the Rectorate in the legal structure, and the emergence of a chilling effect and self-censorship in the academic community’s legal culture, which will threaten the campus as a laboratory of democracy.
Protection of Baby Shamans as Non-Medical Health Workers Reviewed from the Job Creation Law Anita Fitria
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1868

Abstract

Law Number 36 of 2014 concerning Health Workers stipulates that health workers must have formal education, competence, registration, and practice licenses. This provision causes baby shamans to not be recognized as official health workers, even though they still play a role in public health services based on local wisdom. This study aims to analyze the legal protection of baby shamans as non-medical health workers reviewed from the Job Creation Law. The research uses a qualitative method with a juridical sociological approach through interviews, observations, and documentation studies. The results of the study show that the legal position of baby shamans is still weak juridically, but strong sociologically. Legal protection from the perspective of the Job Creation Law is still normative and not optimal because it has not been supported by technical regulations that regulate legality, work safety, competence, welfare, and partnerships comprehensively. Its implementation also faces regulatory constraints, institutions, policy implementation, socio-cultural, economic, and limited access to information. Therefore, harmonization is needed through the recognition of local wisdom, strengthening partnerships with health workers, drafting more responsive regulations, and sustainable coaching. This study concludes that legal protection for baby shamans is still not optimal, so a more specific, integrated, and sustainable policy is needed.
Constitutional Law Accountability for the Forgery of Public Officials' Documents Ibrohim Ibrohim
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1874

Abstract

The authenticity of documents submitted by public officials constitutes a fundamental element of constitutional governance, administrative legitimacy, and the rule of law. In a democratic legal system, official documents serve not merely as administrative requirements but also as instruments that establish public trust and validate the constitutional authority exercised by state officials. The emergence of allegations involving forged educational or identity documents has raised significant constitutional and administrative concerns, as such misconduct extends beyond criminal liability and directly affects the legitimacy of public office and democratic governance. This study aims to examine the forms of constitutional law accountability applicable to public officials involved in document forgery and to analyze the existing mechanisms for administrative verification and legal responsibility within the Indonesian constitutional framework. The research employs a normative legal method using statutory, conceptual, and case approaches. Primary legal materials consist of the 1945 Constitution of the Republic of Indonesia, Law Number 30 of 2014 concerning Government Administration, Law Number 7 of 2017 concerning General Elections, the Indonesian Criminal Code, and relevant electoral regulations, which are examined through qualitative legal analysis using grammatical, systematic, and teleological interpretation. The findings indicate that constitutional accountability may be implemented through three principal mechanisms: administrative sanctions, the revocation or annulment of administrative decisions based on the contrarius actus principle, and judicial review before the State Administrative Court (Pengadilan Tata Usaha Negara). Nevertheless, the absence of an integrated verification system among state institutions creates legal uncertainty and weakens preventive oversight. This study concludes that strengthening institutional coordination, enhancing the authority of electoral and supervisory bodies, and integrating public administrative databases are essential to ensuring the authenticity of official documents and reinforcing constitutional accountability, legal certainty, and public confidence in state institutions.
Defense Against Violence Directed at a Third Party: A Comparative Study of Islamic Criminal Law and Indonesian Criminal Law Holik Holik; Abu Yazid Adnan Quthny; Abd Hannan
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1876

Abstract

Defense of a third party is an act carried out by an individual to protect another person from unlawful attacks or threats. In practice, such actions often create legal dilemmas because they may fulfill the elements of a criminal offense despite being intended to protect victims. This study aims to analyze the concept of third-party defense in Indonesian criminal law and Islamic criminal law, identify their similarities and differences, and examine their implications for law enforcement in Indonesia. This research employs a normative juridical method with statutory, conceptual, and comparative approaches. Data were collected through library research involving legislation, legal literature, scientific journals, and Islamic legal sources such as the Qur’an, Hadith, and scholars’ opinions. The findings indicate that Indonesian criminal law recognizes defense of others through the concept of noodweer, emphasizing objective elements such as unlawful attacks, necessity, and proportionality. Islamic criminal law recognizes third-party defense through the principles of hifz al-nafs and maqashid al-syari’ah by considering intention, public benefit, and prevention of harm. The similarity lies in the recognition of the right to defend others, while the difference lies in their philosophical foundations and assessment parameters. This study contributes a conceptual framework for third-party defense that integrates legal certainty, justice, and social benefit.

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