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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 139 Documents
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Handling of Nusyuz Cases in Marriage According to the Aceh Family Law Qanun (Ahwal Al-Syakhsiyah) Number 2 Of 2019 Zaki Satria
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1487

Abstract

This study aims to analyze the handling of nusyuz cases in marriage according to the Aceh Family Law Qanun (Ahwal Al-Syakhsiyah) Number 2 of 2019 and its implications for the protection of the rights and obligations of spouses. Nusyuz is understood as the disobedience of one party toward marital obligations, which has the potential to cause disharmony within the household. This research employs a normative juridical approach, using statutory analysis of Aceh Qanun Number 2 of 2019, supported by secondary legal materials in the form of classical Islamic jurisprudence and contemporary Islamic family law literature. The findings indicate that the Qanun regulates nusyuz comprehensively by emphasizing principles of justice, deliberation, and reconciliation prior to pursuing further legal measures. The handling of nusyuz is not solely oriented toward the imposition of sanctions but is directed toward the restoration of marital relations through advice, mediation, and the involvement of the Sharia Court. Furthermore, the Qanun seeks to balance Islamic legal values with human rights principles, particularly in preventing domestic violence and discrimination within marriage. Nevertheless, the implementation of nusyuz provisions continues to face challenges, including differing interpretations among law enforcement officials and the community, as well as limitations in supervision mechanisms. This study is expected to contribute academically to the development of Islamic family law in Aceh and to serve as a reference for policymakers and Sharia judicial practitioners in handling nusyuz cases in a fair and proportional manner. Accordingly, this research underscores the importance of harmonizing Acehnese local norms, national law, and Islamic values in building a responsive family law system oriented toward public welfare and substantive justice for Muslim families.
A Legal Analysis of the Challenges in Proving Mens Rea in Corporate Criminal Cases Involving Environmental Crimes Hairul Saleh Satrul
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1490

Abstract

Corporations have become dominant economic actors in the modern era, yet their activities often trigger systemic environmental degradation. Proving the subjective element of means rea (guilty mind) in corporate entities remains a fundamental challenge in the Indonesian criminal justice system, which traditionally adhere to individual-based fault. Purpose of the Study: This research aims to analyze the juridical obstacles in proving corporate mens rea within environmental crimes and to evaluate the impact of regulatory shifts following the enactment of the Job Creation Law on evidentiary standards. Methods: This study employs a normative juridical method with statutory, conceptual, and case approaches. Results: The findings indicate that proving corporate mens rea is hindered by complex hierarchical structures, information asymmetry, and the "wilful blindness" of directors. Furthermore, redactorial changes in Article 88 of the Environmental Protection and Management Law (UU PPLH) via the Job Creation Law have created ambiguity regarding the principle of strict liability. However, Supreme Court Regulation (Perma) No. 13 of 2016 provides a procedural solution through functional indicators such as corporate profit and systematic failure to prevent violations. Conclusions: Effective environmental law enforcement requires a paradigm shift from psychological-human intent to organizational-corporate intent. The integration of environmental forensic audits and the adoption of aggregation theory are essential strategies to penetrate the corporate veil and achieve ecological justice.
Law as an Art in the Era of Digital Disruption: A Humanistic-Progressive Approach Hyronimus Rhiti
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1495

Abstract

This study situates law within the accelerating context of digital disruption, where technologies such as artificial intelligence, blockchain, and automated decision-making challenge the rigidity of traditional legal paradigms and call for more adaptive and human-centered approaches. The purpose of this study is to reconstruct the paradigm of Indonesian law by conceptualizing law as an art, emphasizing flexibility, interpretative sensitivity, and responsiveness to social change through a humanistic-progressive approach. Employing a normative juridical method combined with conceptual and philosophical analysis, this research draws upon statutory regulations, legal doctrines, and interdisciplinary perspectives, particularly progressive legal theory and humanistic jurisprudence, to examine the limitations of positivistic frameworks in addressing digital-era complexities. The findings reveal that the current legal system tends to be formalistic and reactive, resulting in gaps when confronted with rapidly evolving digital phenomena, such as smart contracts, digital assets, and algorithmic governance. In contrast, positioning law as an art enables a more contextual, value-oriented, and justice-driven interpretation, allowing legal actors to balance certainty with fairness and societal needs. This approach also reinforces the role of judges and policymakers as active interpreters rather than mere enforcers of static norms. The study concludes that a humanistic-progressive reconstruction of law is essential to ensure its relevance and effectiveness in the digital era, advocating for a paradigm shift that integrates ethical considerations, social realities, and technological advancements into the development and application of law in Indonesia.
Implementation of Husband's Maintenance Obligations to Wife in the Perspective of Compilation of Islamic Law as an Effort to Protect Wife's Rights Nurin Sulfa Arafiah
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1504

Abstract

The gap between normative legal provisions and social practices related to the fulfillment of husband maintenance is still a challenge in ensuring the protection of the wife's rights. This research aims to examine the concept of sustenance from the perspective of Islamic law, examine its arrangement in the Compilation of Islamic Law, and identify its implementation in people's lives. This study uses a normative juridical method with a legislative and conceptual approach supported by literature studies. The results of the study show that the Compilation of Islamic Law has clearly regulated the husband's obligations in providing maintenance, both material such as clothing, food, and board, as well as non-material such as affection and protection. However, its implementation in the community still faces various obstacles, including economic factors, low legal awareness, and not optimal law enforcement. In addition, social dynamics in the modern family also affect the understanding of maintenance obligations. This condition has an impact on the maximum fulfillment of the wife's rights. Therefore, systematic efforts are needed through increasing legal literacy, strengthening law enforcement mechanisms, and the active role of judicial institutions and related institutions to realize justice and welfare in the household.
The Role of International Law in Addressing Immigration Barriers: a Study on the Indonesian Passport Kholis, Ikhwannul; Laela, Sofa
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1506

Abstract

Cross-border mobility has become a central feature of global interaction, yet access to international travel remains highly unequal, as reflected in disparities in passport strength. In this context, the Indonesian passport continues to face significant immigration barriers, including visa restrictions, administrative requirements, and risk-based entry policies imposed by destination countries. This study aims to identify the types of immigration barriers affecting the Indonesian passport and to assess the extent to which international law can address these challenges. The research adopts a normative legal approach, supported by conceptual and comparative analysis, drawing on international legal instruments, bilateral and regional agreements, and global mobility data. The findings demonstrate that immigration barriers are shaped by the interaction of legal restrictions, political relations, and structural factors, including migration risk perceptions and economic disparities. While international law provides a normative framework through principles such as freedom of movement and non-discrimination, and facilitates cooperation through bilateral and regional mechanisms, its effectiveness remains limited in practice. This limitation is primarily due to the enduring dominance of state sovereignty, which allows states to regulate entry and mobility based on national interests without binding obligations to ensure equal access. The study concludes that international law functions as a facilitative rather than determinative instrument in addressing immigration barriers. Accordingly, strengthening the Indonesian passport requires a multidimensional strategy that integrates legal frameworks with diplomatic engagement, institutional capacity, and trust-building in the international system.
Implementation of Government Policies in Waste Management in South Dumai District, Dumai City Erlianti, Dila; Angraini, Fitri; Sandi, M. Khairul; Maharani, Ria
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1507

Abstract

Waste management is one of the environmental problems that still often occur in urban areas, including in South Dumai District, Dumai City. This research aims to find out the implementation of government policies in waste management in South Dumai District, Dumai City and to find out the supporting and inhibiting factors in its implementation. This study uses a qualitative approach with a descriptive type of research. The research informants were determined purposively, consisting of employees of the Environmental Service, cleaners, and the public. Data collection techniques are carried out through observation, interviews, and documentation, then analyzed using data reduction, data presentation, and conclusion drawn. The research analysis refers to the theory of policy implementation put forward by George Edward III in 1980 (Ravyansyah et al., 2022) with indicators that include communication, resources, disposition, and bureaucratic structure. The results of the study show that the implementation of waste management policies in South Dumai District has not been running optimally. The supporting factors are the commitment of the cleaning staff who are quite good and a clear division of duties between related parties. Meanwhile, the inhibiting factors include a lack of information to the public and limited number of officers, transport fleets, and temporary disposal facilities.
Analysis of the Implementation of E-Government as An Effort to Reform the Public Service System in Indonesia Nugroho, Vestu Rizqi; Ritonga, Edi Hakim; Aidil, Muhammad Zul Hairil; Alfandi, Reza Syahputra; Erinaldi, Erinaldi
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1524

Abstract

This study aims to analyze the effectiveness of e-government implementation and its impact on public service reform in Indonesia. The rapid development of information technology has encouraged governments to adopt digital-based governance systems to improve service quality. However, various challenges still hinder optimal implementation. This research uses a qualitative approach with a literature review method by analyzing scientific journals, government reports, and policy documents related to e-government. The results indicate that e-government has significantly improved service efficiency, accessibility, transparency, and accountability. Digital-based services enable faster administrative processes and reduce bureaucratic complexity. However, the effectiveness of implementation is still uneven due to limitations in technological infrastructure, human resource competencies, and digital literacy among the public. In addition, system integration between government institutions remains a major challenge. The study concludes that e-government plays a crucial role in supporting public service reform, although continuous improvement is required to ensure equitable and optimal implementation. Strengthening infrastructure, improving human resource capacity, and enhancing system integration are essential strategies for maximizing the benefits of e-government in Indonesia.
Sadomasochism Behavior in the Family According to Law Number 23 Of 2004 Concerning the Elimination of Domestic Violence (PKDRT) Maulana, Iqbal
Rechtsvinding Vol. 2 No. 2 (2024)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1526

Abstract

This study aims to provide a comprehensive understanding of Domestic Violence (DV), particularly related to sadomasochistic behavior, through the perspectives of positive law and Islamic law. The study examines Law Number 23 of 2004 on the Elimination of Domestic Violence (PKDRT), covering its concepts, scope, and implementation in protecting victims, as well as analyzing the resolution of DV cases involving individuals with sadomasochistic tendencies according to Islamic law and its relevance to PKDRT. The research employs a qualitative approach using library research, relying on secondary data from primary legal sources, secondary legal literature, and non-legal sources, including psychology, sociology, and health literature related to violence and sexual deviations. Data collection was conducted through literature review, followed by data processing in stages of editing, organizing, and analyzing. Data analysis was carried out descriptively and analytically using a deductive method, from general concepts of sexual deviation to specific DV cases arising from sadomasochism. The findings indicate that from the perspective of fikih munakahat, sadomasochistic behavior causing violence to one party is not permissible; conflict resolution should prioritize persuasive and non-violent approaches, while punishments for perpetrators are clearly regulated, including flogging, imprisonment, diyat, qisas, and penalties for defamation, aiming to protect victims and prevent repeated violence. From the perspective of Law No. 23/2004, the government plays a strategic role in prevention and handling of DV through policy-making, education, socialization, gender-sensitive training, provision of specialized services, professional staff, and protection for victims and their companions.
Protection of Post-Divorce Rights According to Islamic Family Law Mudawamah, Ni'matul
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1527

Abstract

Divorce is a social phenomenon that cannot be avoided and has a direct impact on the survival and welfare of children. In the context of Islamic family law, the protection of children's rights is a very important aspect to ensure that children do not become victims of the breakdown of parental relationships. This study aims to analyze the concept of protection of children's rights after divorce, examine its implementation in society, and formulate efforts to improve this protection based on the perspective of Islamic family law. The method used is normative legal research with a qualitative approach based on literature studies, using data sources in the form of the Qur'an, hadith, jurisprudence, laws and regulations, and relevant scientific journals. The data collection technique is carried out through documentation and analyzed using descriptive-analytical methods. The results of the study show that Islamic family law has comprehensively regulated the rights of children after divorce, including the right to maintenance, parenting (hadhanah), education, affection, and protection of children's identity and future. However, implementation in the community still faces various obstacles, especially in the fulfillment of maintenance and parenting that has not been running optimally due to economic factors and low parental awareness. The conclusion of this study confirms that the protection of children's rights in Islamic family law has a strong normative basis, but requires strengthening in the implementation aspect through increasing awareness, law enforcement, and social roles to ensure the fulfillment of children's rights in a sustainable manner.
Reform of Policy Administration in the Indonesian State Administrative System at the Dumai City Environment Agency Erinaldi, Erinaldi; Ariyani, Anggun; Fatimah, Fatimah; Sabah, Riniyah; Sabariah, Sabariah
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1531

Abstract

Policy administration reform is an important part of efforts to improve the quality of government administration, especially within the framework of Indonesia's state administrative system. This study aims to analyze how policy administration reform is implemented at the Dumai City Environmental Service, as well as identify supporting and inhibiting factors. This research uses a qualitative approach with a descriptive method, through data collection techniques in the form of interviews, observations, and documentation. The results of the study show that policy administration reforms have been carried out through changes in organizational structure, improvement of technology-based service systems, and simplification of work procedures. However, its implementation has not been running optimally because there are still obstacles in the aspect of human resources, budget limitations, and low community participation in environmental management. Therefore, efforts are needed to strengthen institutions and increase the capacity of the apparatus to realize a more effective and responsive state administration system.

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