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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 139 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
Sociological Analysis of Islamic Law on Family Resilience in Cases of Psychological Violence in the Household Safira, Mirza Elmy; Redjo, Soepardi
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1449

Abstract

This study conducts a literature review on the sociological analysis of Islamic law concerning family resilience in cases of psychological violence in the household. Psychological violence, often normalized and invisible, systematically erodes the foundational elements of a healthy family, such as trust, security, and mutual respect. Employing a qualitative approach to library research, this study analyzes how social constructions and distorted understandings of Islamic legal texts perpetuate such violence. The findings reveal that patriarchal culture, reinforced by textual and partial interpretations of concepts like qawwamah and nusyuz, creates unequal power relations that legitimize psychological abuse. This distortion, combined with the victim's lack of awareness and societal silence, severely undermines authentic family resilience. Consequently, achieving genuine family resilience post-violence necessitates a fundamental reconstruction of the marital relationship. This reconstruction requires the perpetrator's acknowledgment of wrongdoing, comprehensive recovery for the victim, equitable role distribution, healthy communication patterns, and constructive conflict management, all grounded in a just and contextual reinterpretation of Islamic values. The study contributes an integrative framework for understanding and addressing psychological violence from a socio-legal perspective.
The Juridical and Managerial Effectiveness of Piece Rate Work Contracts in Optimising Production Output in the Era of Industry 4.0 Basuki, Fajar
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1453

Abstract

Technological advancements in the Industry 4.0 era have significantly transformed personnel management and production systems in several industrial sectors. Businesses must use adaptive work management systems, such as piecework contracts, to increase production and efficiency. Piecework contracts are a type of work arrangement that prioritise employee payment based on the quantity of work they complete, which is expected to encourage increased output and efficiency. However, the implementation of this system also raises questions about managerial effectiveness in practice and compliance with labour law regulations. The purpose of this research is to evaluate the effectiveness of management and labour contract law per unit in maximising production output in the context of Industry 4.0. This research uses a normative legal research method with a legislative approach and a conceptual approach. The data sources used are primary legal materials in the form of legislation, specifically Law Number 13 of 2003 on Manpower as amended by Law Number 11 of 2020 on Job Creation, as well as secondary legal materials in the form of literature, scientific journals, and related documents. Data analysis was conducted qualitatively using a descriptive-analytical method. According to the research findings, unit-output work contracts are legally permitted as long as they meet the fundamental requirements of labour law, which include the agreement of the parties, the nature of the work performed, and the protection of workers' rights. Because it offers direct incentives to achieve production output, the unit-output work contract system is considered successful in improving productivity and work efficiency from a managerial perspective. However, monitoring systems, production quality standards, and transparency in performance evaluation mechanisms all play crucial roles in its effectiveness. According to the study's findings, unit-based work contracts can be a useful tool for maximising production output in the era of Industry 4.0 if implemented in a way that balances the needs of business productivity and the protection of workers' rights in accordance with relevant legal requirements.
Underage Marriage from the Perspective of Islamic Family Law in Bireun Regency Azhari, Azhari
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1457

Abstract

The rise of underage marriages in North Aceh due to certain factors, causes them to marry at an early age. As happened in Peusangan District. The objectives of the study: (1) to describe the underlying practice of early marriage in Peusangan District, Bireuen Regency, (2) to describe the views of the people of Peusangan District, Bireuen Regency towards the practice of early marriage, (3) to describe the views of Islamic Law towards the practice of early marriage that occurs in Peusangan District, Bireuen Regency. This research is a field study using qualitative methods with normative, carried out in Peusangan District. Data collection techniques through interviews, observation and documentation. Data analysis techniques are carried out through data reduction, data presentation and data verification. The results of the study show that: (1) the practice of underage marriage in Peusangan District occurs due to economic factors, education level factors, family factors, child factors, social media factors, and promiscuity, the consequences are the rights and obligations as husband and wife, interrupted education, the birth of children, providing educational guarantees for children, poverty, and domestic violence (KDRT), (2) the view of the Peusangan community towards the practice of underage marriage is that it is permissible if there are positive impacts, such as avoiding immoral acts or the occurrence of something undesirable. However, it is not permissible if underage marriage brings a lot of harm, (3) the view of Islamic law towards the practice of underage marriage that occurs in Peusangan District, namely even though it is said that underage marriage is originally permitted according to Islamic jurisprudence, it does not mean that it is absolutely permitted for all women in all circumstances..
The Development of Law in Indonesia is Linked to Hans Kelsen's Positivism Theory Sembiring, Sungguh Raja; Putra, Heddy Permana; Kartika, Yuninda Dwi; Gustiadi, Yoga; Durahman, Dani
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1431

Abstract

The evolution of legal theory from classical to modern periods reveals significant shifts in how law is understood and conceptualized. While earlier legal theories were strongly shaped by philosophical and political thought, modern legal theory is largely developed within frameworks constructed by legal scholars themselves. Legal positivism, particularly Hans Kelsen’s Pure Theory of Law, argues that law must be separated from non-juridical elements such as social, political, historical, and ethical factors. Nevertheless, in the Indonesian context, law cannot be viewed solely through textual norms. Its effectiveness depends on legal culture, law enforcement performance, and supporting infrastructure. This complexity demonstrates the limitations of a purely positivistic approach when applied to a multidimensional legal system. Therefore, the ongoing development of legal philosophy shows that law cannot be confined to statutory texts alone, but must be understood as a living social institution influenced by broader external factors.
Crowdfunding Misuse as Cybercrime: A Criminal Law Perspective in Indonesia Pranadita, Nugraha; Sembiring, Sungguh Raja; Putra, Heddy Permana; Kartika, Yuninda Dwi; Gustiadi, Yoga; Udayana, Gede Indra
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1472

Abstract

The rapid development of information technology has led to various innovations in the digital financial sector, one of which is crowdfunding. In principle, crowdfunding is a legitimate fundraising mechanism that provides social and economic benefits. However, in practice, crowdfunding is often misused as a means to commit cybercrime. Such misuse includes fictitious fundraising, misleading information, and the misappropriation of funds collected from the public. This study aims to analyze crowdfunding as a form of cybercrime from the perspective of Indonesian criminal law. The research employs a normative legal method using statutory and conceptual approaches. The findings indicate that unlawful crowdfunding practices may fulfill the elements of criminal offenses, both as conventional fraud and as electronic-based crimes, thereby giving rise to criminal liability for perpetrators, including corporate entities. Therefore, stronger supervision, effective law enforcement, and enhanced digital legal literacy are essential to ensure legal protection for the public.
Juridical Analysis of the Sustainability of Marriages Experiencing Prolonged Rifts in the Perspective of Islamic Law and Positive Law in Indonesia Uktuvia, Faricha
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1476

Abstract

Marriage is a social and legal institution that has the purpose of forming a harmonious and sakinah family. But in practice, not all marriages go according to expectations; Many couples face prolonged conflicts that cause serious rifts. These rifts have negative impacts on individuals, children, and the social environment, and raise juridical questions about the feasibility of the continuation of the marriage. This study aims to juridically analyze the continuity of marriages that have experienced prolonged rifts in the perspective of Islamic law and positive law in Indonesia, as well as to compare the principles and mechanisms of conflict resolution in the two legal systems. This study uses normative legal research methods with statute approach, conceptual approach, and case approach. The statute approach is carried out through the study of Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law (KHI), while the conceptual approach is used to analyze legal principles such as the purpose of marriage, divorce as the ultimate remedium, and sharia maqashid. The case approach is applied by reviewing religious court decisions related to prolonged domestic conflicts. The data are analyzed qualitatively through descriptive-analytical methods to produce systematic and comprehensive conclusions. The results of the study show that both legal systems, both Islamic law and positive law, emphasize the importance of maintaining the integrity of the household for as long as possible, but still provide room for divorce if the goal of marriage cannot be achieved. Islamic law emphasizes the benefits and prevention of harm through ishlah, tahkim, and divorce as a last resort, while Indonesia's positive law emphasizes formal procedures through the courts with consideration of evidence and legal certainty. Thus, decisions regarding the continuation of marriage must consider the balance between justice, benefit, and protection of individual rights.
The Dual Role of Wives in Modern Households to Improve Family Welfare: An Analysis of Maqashid Shari'ah in the Livelihood Status of Working Wives Sayyidun Najib
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1485

Abstract

The fact that the number of wives who work outside the home in terms of modern households or containers raises critical questions about the livelihood status of wives who work under Islamic law. In salaf fiqh, the obligation to provide for the husband is entirely on the shoulders of the husband as the head of the family, regardless of the economic condition of the wife. However, social change requires repeating the discussion in accordance with the current modern conditions. This article aims to analyze the status of the law on providing for workers' wives through the maqaṣhid shariaʿah approach, in order to understand the significance and flexibility of Islamic law to address a modern challenge today. This research is a concept of library research, it can also be called a literature study that uses a qualitative research approach and the data centers used are books and books of salaf and contemporary fiqh (modere) as well as scientific journals. The results of the study show that the basic principle and obligation to provide for the husband to his wife still applies, while maqaṣid shari'ah allows for a form of adjustment based on the principles of tarad'hi (mutual will), benefit, mutual mercy and justice. Thus, the wife's involvement in the family economy does not necessarily disappear or eliminate the right to the wife's maintenance, before there is an explicit agreement and replaces the responsibility. This study suggests the importance of a maqa ṣ hid-based family guidanceto ensure the harmony of Muslim household relations in this modern era.

Page 12 of 14 | Total Record : 139

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