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INDONESIA
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 100 Documents
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Enforcement of Criminal Law against Land Grabbing Crimes in Indonesia Pahana, Ferdinan babo; Prawesti, Wahyu; Aribawa, M. Yustino
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1336

Abstract

Land is an important asset that has high economic, social, and cultural value for the people of Indonesia. The high value of land often triggers land conflicts, one of which is in the form of land grabbing. Land grabbing is an unlawful act carried out by controlling, occupying, or transferring rights to land belonging to others without the permission of the rightful party. This article aims to analyze law enforcement against the crime of land grabbing and examine the application of criminal sanctions based on Article 385 of the Criminal Code. The research method used is normative legal research with a legislative and conceptual approach. Legal materials are obtained through literature studies that include laws and regulations, legal literature, and relevant scientific journals. The results of the study show that although there are legal arrangements that regulate the crime of land grabbing, law enforcement still faces various obstacles, such as weak coordination between agencies, complexity of evidence, and the tendency to resolve land conflicts that overlap between criminal and civil channels. Therefore, it is necessary to strengthen more consistent criminal law enforcement, accompanied by preventive efforts through land registration and increasing public legal awareness to ensure certainty and legal protection of land rights.
Juridical Review of the Crime of Transferring the Object of Fiduciary Guarantee Without the Consent of the Fiduciary Recipient Paulus, George Johanes; Soekorini, Noenik; Borman, M. Syahrul
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1337

Abstract

This study examines the criminal act of transferring fiduciary collateral objects without the prior written consent of the fiduciary recipient as regulated under Indonesian law. The rapid development of consumer financing practices has increased the use of fiduciary guarantees, particularly in credit agreements involving movable assets. However, in practice, debtors often transfer, pledge, or lease fiduciary objects to third parties without authorization, which constitutes a criminal offense under Law Number 42 of 1999 on Fiduciary Security. This research employs a normative juridical method with a statutory approach, analyzing primary legal materials in the form of legislation and court decisions, as well as secondary legal materials from legal literature and scholarly works. The study focuses on the regulation of such criminal acts and the form of criminal liability imposed on fiduciary grantors who violate fiduciary provisions. The findings indicate that the transfer of fiduciary collateral without the consent of the fiduciary recipient fulfills the elements of a criminal offense as stipulated in Article 36 of the Fiduciary Security Law. Criminal liability may be imposed if the perpetrator is proven to have acted unlawfully, intentionally or negligently, and without any justification or excuse that eliminates criminal responsibility. This research concludes that the existing legal framework provides legal certainty and protection for creditors, although stricter supervision and legal awareness are necessary to prevent recurring violations in fiduciary practices.
Handling Victims of Sexual Violence Against Children in the Criminal Justice System in Indonesia Sualang, Marlene; Soekorini, Noenik; Borman, Syahrul
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1338

Abstract

Sexual violence against children remains a serious and escalating problem in Indonesia, causing long-term physical, psychological, and social harm to victims. Children, as vulnerable individuals, often face difficulties in accessing justice due to fear, trauma, power imbalances, and inadequate institutional support. This study aims to analyze the handling of child victims of sexual violence within the Indonesian criminal justice system and to examine the forms of legal protection provided to them. This research employs a normative legal research method using a statutory and conceptual approach by examining relevant laws and regulations, including the Child Protection Law and Law Number 12 of 2022 on Sexual Violence Crimes. The results show that although the legal framework for protecting child victims has been strengthened, particularly through the enactment of the Sexual Violence Crimes Law, its implementation within the criminal justice system still faces significant challenges. These include limited victim-centered approaches, risks of re-victimization during legal proceedings, and insufficient coordination among law enforcement institutions. The study concludes that an effective handling of child victims of sexual violence requires an integrated, victim-oriented criminal justice system that prioritizes protection, recovery, and the best interests of the child.
Criminal Law Enforcement against the Abuse of Personal Data via the Internet in Indonesia Runtukahu, Mixon felly Melky; Sidarta, Dudik Djaja; Cornelis, Vieta Imelda
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1339

Abstract

The development of information technology and the increasingly massive use of the internet have increased the risk of criminal acts of misuse of personal data, especially through cybercrime modes such as phishing and online fraud. The misuse of personal data not only causes material harm to the victim, but also threatens the right to privacy as part of human rights. This article aims to analyze criminal law enforcement against perpetrators of the crime of misusing personal data through the internet and identify the factors that affect the effectiveness of law enforcement. This research uses normative legal research methods with legislative and conceptual approaches. The legal materials used include laws and regulations, especially the Law on Information and Electronic Transactions and Law Number 27 of 2022 concerning Personal Data Protection, supported by relevant scientific literature and journals. The results of the study show that although the legal framework related to personal data protection has been strengthened, law enforcement against the crime of misuse of personal data through the internet still faces various obstacles, including limited capabilities of law enforcement officials, inadequate technological facilities, and low public legal awareness. Therefore, it is necessary to strengthen the capacity of law enforcement officials, optimize information technology facilities, and increase people's digital literacy to realize effective and fair personal data protection.
Criminal Liability of Debt Collectors in the Execution of Fiduciary Guarantees with Fraud Mode After the Constitutional Court Decision Number 18/PUU-XVII/2019 Igrisa, Rommy; Subekti, Subekti
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1340

Abstract

The execution of fiduciary guarantees by debt collectors frequently gives rise to legal problems, particularly when such execution is carried out through fraudulent practices. Following the Constitutional Court Decision Number 18/PUU-XVII/2019, fiduciary execution may no longer be conducted unilaterally unless the debtor voluntarily surrenders the collateral object. Nevertheless, in practice, debt collectors have shifted their modus operandi from physical coercion to more subtle forms of deception in order to obtain fiduciary objects. This research aims to analyze the criminal liability of debt collectors who execute fiduciary guarantees through fraudulent means and to examine the application of criminal law to such practices. The study employs a juridical-empirical research method, combining statutory analysis with field data obtained through interviews with debtors, debt collectors, and representatives of finance companies, as well as observations of fiduciary execution practices. The findings indicate that fraudulent acts committed by debt collectors such as impersonating finance company officers, providing false information, and making deceptive promises fulfill the elements of fraud as stipulated in Article 378 of the Indonesian Criminal Code. Moreover, such actions violate the Fiduciary Security Law and the Constitutional Court’s ruling, thereby giving rise to individual criminal liability and potential corporate liability when finance companies fail to exercise proper supervision. This study concludes that stricter law enforcement and enhanced legal awareness are necessary to protect debtors’ rights and ensure lawful fiduciary execution practices.
The Role of the Manado Police Criminal Investigation Unit in Suppressing Crimes Using Sharp Weapons Lakidong, Valentin Vanny; Borman, M. Syahrul; Suyono, Yoyok Ucok
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1341

Abstract

Crimes involving the use of sharp weapons constitute a serious threat to public security and social order in urban areas. The widespread possession and misuse of sharp weapons have contributed to increasing levels of street crime, generating fear and insecurity within society. This study aims to analyze the role of the Criminal Investigation Unit (Satreskrim) of Manado City Police in suppressing crimes involving sharp weapons and to identify factors that hinder the effectiveness of its performance. This research employs an empirical juridical method, focusing on the implementation of normative legal provisions in real social conditions. Data were analyzed qualitatively through statutory review and field-based findings. The results indicate that Satreskrim Polresta Manado plays a strategic role as a law enforcement agency through preventive, repressive, and community-oriented measures, including patrols, investigations, and public engagement. However, the effectiveness of these efforts is constrained by limited personnel, insufficient technological support such as CCTV and information technology systems, and low public participation in providing information. The study concludes that strengthening human resources, technological infrastructure, and community cooperation is essential to enhance the effectiveness of law enforcement in suppressing crimes involving sharp weapons.
The Legal Politics of Land Ownership and Agrarian Conflict in North Sumatra: Between Legal Certainty and Social Justice Munthe, Gerald Elisa
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1344

Abstract

Land conflicts in North Sumatra are structural and ongoing agrarian issues, involving the state, corporations, and indigenous and local communities. These conflicts are triggered by unequal land ownership, overlapping land rights, weak recognition of customary land, and land policies oriented toward investment interests. This article aims to analyze the legal politics of land ownership in North Sumatra and its implications for legal certainty and social justice. The research was conducted using normative legal methods through legislative, conceptual, and case-based approaches. The results of the study indicate that land legal politics do not fully reflect the principles of social justice as mandated by the Basic Agrarian Law (UUPA), thus reinforcing the escalation of agrarian conflicts. A reorientation of land policies is needed that prioritizes the protection of community rights.
Reorienting the Economic Rights of Creators: A Constitutional Analysis of Copyright Licensing Post-Constitutional Court Decision No. 28/PUU-XXIII/2025 Putra, Rifqi Pratama; Suryahartati, Dwi; Sunarti, Zeni
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1346

Abstract

This research examines the implications of Constitutional Court Decision No. 28/PUU-XXIII/2025 on digital copyright licensing in Indonesia. The study addresses the anomaly where rapid creative industry growth fails to enhance creator welfare due to exploitative "direct licensing" mechanisms in Article 40 of Law No. 28 of 2014. This provision is deemed to violate constitutional property rights by allowing digital platforms to exploit works without explicit consent. Using normative legal research with statutory and conceptual approaches, the study analyzes primary and secondary legal materials. The results reveal that Decision No. 28/PUU-XXIII/2025 serves as a constitutional correction, prioritizing substantive justice over industrial efficiency. The ruling strengthens creators' bargaining positions, mandates transparency in royalty systems, and triggers a paradigm shift from efficiency-oriented to justice-oriented licensing. Practical implications include the mandatory renegotiation of licensing contracts, the integration of digital technologies like blockchain within the National Collective Management Organization (LMKN), and the realignment of global platform business models. Ultimately, this decision establishes a robust legal foundation to ensure equitable economic rights protection within Indonesia's digital ecosystem.
Criminal Procedure Procedure Anomalies in Modern Legal Dynamics: The Urgency of Legislative Reform to Ensure Legal Certainty Arifin, Muhamad Zaenal
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1371

Abstract

The implementation of the Criminal Procedure Code (KUHAP) in Indonesia still faces various structural and normative challenges, which are reflected in the procedural anomalies that occur in the field. These anomalies, such as unclear detention and investigation procedures, have created legal uncertainty that harms human rights and lowers the credibility of the criminal justice system. This study aims to identify gaps in the Criminal Code and assess the urgency of legislative reform needed to address these problems. The approach used in this study is a qualitative literature study, by analyzing various literature sources that include books, scientific articles, and relevant research reports. The findings of the study show that uncertainty in the duration of detention, weaknesses in the protection of suspects' rights, and the unpreparedness of the Indonesian legal system to accommodate modern technology are the main factors that worsen the effectiveness of the justice system. Therefore, comprehensive reform of the Criminal Procedure Code, including harmonization with international standards, technological integration through legal digitalization (e-Justice), and strengthening the independence of judicial institutions, is an urgent need to improve legal certainty, transparency, and human rights protection. The recommendations put forward in this study include expanding oversight of law enforcement officials, drafting regulations that accommodate electronic evidence, and public involvement in formulating legal policies to create a fairer and more efficient justice system.
The Implications of Foreign Investment Limitations on 'The End Justifies the Means' Practices within the Indonesian Investment Sector Akbar, M. Aidil; Ritonga, Wildan Ambron; Putra, Rifqi Pratama
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1372

Abstract

This study aims to analyze the implications of Presidential Regulation (Perpres) Number 49 of 2021 on the emergence of "the end justifies the means" practices by foreign investors within joint venture companies in Indonesia. Although this regulation provides investment facilities to stimulate national economic growth, certain strategic sectors remain subject to foreign ownership restrictions. A primary issue arises when domestic investors face financial constraints in fulfilling the required majority shareholding portions. This condition leads to legal smuggling practices by foreign investors seeking full corporate control, notably through nominee shareholder mechanisms. This legal research highlights how the capital disparity between foreign and domestic investors triggers the use of trusteeship agreements or dummy corporations, which are strictly prohibited under Indonesian law. The findings suggest the necessity of strengthening legal frameworks and oversight to balance foreign investment interests with national economic sovereignty

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