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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 113 Documents
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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.
Problems of Participation Qualification and Sentencing Proportionality in Unlicensed Mineral Mining Offences Revaldo, Revaldo; Manik, Jeanne Darc Noviayanti; Hutapea, Sintong Arion
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1436

Abstract

Unlicensed tin sand mining activities in East Belitung frequently involve multiple perpetrators with varying roles and degrees of participation. This situation demands the careful application of the participation doctrine (deelneming) to ensure that criminal sentences proportionally reflect each actor's culpability. This study analyzes the accuracy of the deelneming doctrine and the judicial reasoning underlying sentencing in Verdict No. 48/Pid.Sus-LH/2025/PN Tdn and Verdict No. 49/Pid.Sus-LH/2025/PN Tdn. The research employs a normative legal method with a descriptive-analytical character using case, statutory, and conceptual approaches. Findings reveal that prosecutors and judges both applied Article 55 paragraph (1) point 1 of the Criminal Code in conjunction with Article 161 of Law No. 3 of 2020, albeit from different perspectives. The co-perpetrator (medepleger) classification for truck drivers in Verdict No. 48 is inaccurate given the absence of double opzet and meeting of minds. Conversely, the medepleger classification of the tin collector in Verdict No. 49 is correct. Sentencing in both verdicts does not fully reflect the proportional difference in culpability, leaving the legal objectives of justice, utility, and legal certainty insufficiently balanced.
The Implementation of Restorative Justice in Tipiring Cases as an Effort to Reduce Suspects in Detention Kurniawan, Dani; Nasoetion, Dedi Wardana; 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.1438

Abstract

This study examines the application of restorative justice in handling minor criminal offenses as an effort to reduce the number of detainees in detention centers. The current handling of minor offenses in Indonesia is often considered disproportionate, as imprisonment is frequently imposed despite the relatively small impact of such crimes. This situation contributes to overcrowding in correctional institutions and increases the burden on the criminal justice system. Restorative justice offers an alternative approach that emphasizes dialogue, mediation, and reconciliation between the offender and the victim in order to restore the social relationship that has been disrupted by the crime. This research employs a normative juridical method by analyzing relevant laws, regulations, and legal literature concerning the implementation of restorative justice in Indonesia. The findings indicate that restorative justice can provide a more effective, humane, and efficient solution in resolving minor criminal cases. Through this approach, victims can obtain compensation and a sense of justice, while offenders are given the opportunity to take responsibility and reintegrate into society without the negative stigma of imprisonment. Therefore, restorative justice can serve as an important instrument in reducing the number of detainees and improving the effectiveness of the criminal justice system in Indonesia

Page 12 of 12 | Total Record : 113

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