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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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Reconstruction of Criminal Liability for Deepfake Misuse in Defamatory Defenses in Indonesia Satrul, Hairul Saleh; Hasanah, Nur Hafizal
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1541

Abstract

The deepfake phenomenon as a product of artificial intelligence (AI) has created a new dimension in the crime of defamation. This research aims to analyze the deepfake phenomenon through criminological and juridical approaches to map the effectiveness of regulations in Indonesia. The method used is normative juridical research with a conceptual and case study approach. The results show that deepfake technology facilitates attacks on honor through highly realistic visual manipulation, where 96% of deepfake content on the internet is non-consensual pornography. Juridically, Article 27A of the ITE Law No. 1 of 2024 and the New Criminal Code provide a basis for enforcement, but there is still a functional legal vacuum regarding the liability of technology developers. The implications of this research emphasize the need for specific regulations (sui generis) and strengthening digital forensics to overcome evidentiary challenges in court.
Legal Certainty of Performers in Royalty Distribution Disputes Based on the Regulation of the Minister of Law Number 27 of 2025 Concerning Management Implementing Regulations Nurdahniar, Inda; Juliana Sari, Wiwit
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1549

Abstract

Laws and regulations in Indonesia not only provide legal protection for Creators, but also Related Rights, one of which is Performance Actors. But in practice, the Creator sues the performer for the distribution of royalties, while the event organizer often escapes responsibility. It looks problematic, on the one hand the Creator is given the exclusive right to prohibit or allow anyone to use his creation. Meanwhile, on the other hand, the performers contribute to the creations created by the Creator, so that they sell well in Indonesia. Meanwhile, if there is a problem, the Creator can prohibit the Performance Actor at any time from using his creation, even though this situation can hinder the Performance Actor from obtaining Economic Rights. The purpose of this research is to analyze legal certainty for Performers regarding the distribution of royalties in the era of the birth of Permenkum 27/2025. The research method in this article is normative juridical with a qualitative approach to laws and regulations and royalty-related problems that are rampant. The results of this study explain that based on Permenkum 27/2025, Performance Actors are not obliged to pay royalties, but this is charged to the event organizer. Where the royalty distribution mechanism is carried out through LMKN through a SILM system (distribution of royalties from LMK to Creators and Related Rights) and INSPIRATION (distribution of royalties from users to LMKN). With this legal certainty, the Plaintiff is no longer the party who is held responsible for the distribution of royalties. It is hoped that there will be no more creators who prohibit performers from performing their songs due to the uncertainty of royalty payments because it will disrupt the ecosystem of a work or even tarnish the reputation/good name of the performers.
Ethics and Professional Responsibilities of Judges in Carrying Out Duties in Law Enforcement Kurniati, Yeti; Kartika, Yuninda Dwi; Gustiadi, Yoga; Udayana, Gede Indra; Agung, Andhika Nugraha Bhakti
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1551

Abstract

The Judicial Code of Ethics serves as the ethical principles of judges, serving as the basis or guideline for every decision-making process in legal cases before them, as law enforcement officers, and in addressing the challenges of legal issues and legal developments. The purpose of this article is to provide the wider public with knowledge and understanding regarding ethics as a guideline and the challenges faced by judges in examining, adjudicating, and deciding legal cases. This article was written using literature and secondary data. The approach used in this research is the statutory approach. Judges are functional and state officials authorized to examine, adjudicate, and decide legal cases fairly and based on the law. Judges are responsible for interpreting and applying applicable law to cases before them and ensuring that justice and truth are achieved. The Judicial Code of Ethics is a written rule or code of conduct that judges must adhere to in carrying out their duties to ensure integrity, fairness, and public trust in the judicial institution. The Code of Ethics for the Judges' Professionalism contains the obligation and requirement to carry out their profession responsibly for the results and impacts of their actions and to refrain from violating the rights of others. The Code of Ethics is not law, but rather a norm that serves as a benchmark for legal professionals in upholding the authority of the law with humanity and justice. (Drs. H. Wildan Suyuthi Mustofa, "Judge's Code of Ethics," p. 52, Publisher: Jakarta, Kencana Prenada Media 2013.) The Code of Ethics for Judges is regulated by Joint Decrees of the Chief Justice of the Supreme Court of the Republic of Indonesia and the Chairman of the Judicial Commission of the Republic of Indonesia Number 047/KMA/SKB/IV/2009 and 02/SKB/P.KY/IV/2009 concerning the Code of Ethics and Guidelines for Judges' Conduct. However, in their role as legal advocates, judges often face various ethical dilemmas in making legal decisions. These dilemmas can influence the decision-making process and the final outcome of a case. As a legal advocate, a judge is often faced with various ethical dilemmas in making decisions that ultimately resolve issues. Judges are often faced with situations where the strict application of the law does not always align with the principles of justice. This helps prevent arbitrary action and ensures that the law is applied consistently.
Reconstruction of the Inheritance of Cryptocurrency Assets in the Civil Code: A Review of the Saisine Principle and the Valuation of the Legitimate Portion Razak, Nurul Ramadhani
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1552

Abstract

The advancement of blockchain technology and the Web3 ecosystem has generated new forms of wealth in the shape of digital assets (such as cryptocurrencies and NFTs), creating a conceptual dissonance within Indonesia’s civil inheritance law framework. The legal vacuum concerning the status of decentralized cryptographic assets controlled by private keys has resulted in obstacles to the implementation of the saisine principle (the automatic transfer of rights by operation of law), while simultaneously giving rise to appraisal challenges in determining the legitime portie (forced heirship portion) due to extreme price volatility. This research aims to reconstruct the modern concept of proprietary control in relation to the saisine principle and to formulate equitable mechanisms for the execution and valuation of digital assets for heirs. The method employed is normative legal research using statutory, conceptual, and analytical approaches. The findings conclude that: (1) cryptographic access rights (private keys) must be juridically recognized as an inherent part of intangible movable property. The implementation of the saisine principle in relation to crypto assets requires ex-ante mitigation through Digital Wills, the institutionalization of smart contracts as executors of testamentary intent, and the adoption of multi-signature wallets and Shamir Backup methods; (2) the fulfillment of the legitime portie necessitates a paradigm shift from fiat-based appraisal toward in-natura distribution (token-based appraisal) by applying the Shared Volatility Risk Principle. This adjustment in valuation methods demonstrates the hermeneutic flexibility of the Civil Code in preventing inheritance disputes while safeguarding the civil rights of heirs in the era of digital transformation.
Reorganization of Traditional Medicine Regulation Within the National Health System from A Legal Pluralism Perspective to Address Disharmonization of Laws and Regulations Suhirman, Agung; Muharyati, Muharyati; Utami, Latifah Indriasari; Wijayanto, Fajar Hadi; Putra, Marsudi Dedi
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1568

Abstract

This study aims to analyze and formulate the restructuring of traditional medicine regulation within the national health system using a legal pluralism perspective to address the disharmonization of laws and regulations. This effort is undertaken to achieve legal certainty, public protection, and fair recognition of traditional practices. The research method employed is normative juridical, focusing on the analysis of legal norms, principles, and rules through statutory, theoretical, and doctrinal approaches. Data were collected through a literature review of primary, secondary, and tertiary legal materials, which were then analyzed qualitatively using legal interpretation and deductive reasoning. The regulation of traditional medicine currently has a strong foundation through Law Number 17 of 2023 on Health; however, significant normative disharmonization still exists. Regulatory conflicts are evident in the potential criminalization under the Criminal Code (KUHP) of non-medical practices deemed misleading, while the Health Law provides recognition of such practices. Formal standards established by the government tend to follow a modern medical paradigm, making them difficult for traditional practitioners—who rely on empirical experience and local wisdom—to fulfill. Protection of traditional knowledge as a collective right of indigenous communities has also not been adequately regulated within the national legal framework. An ideal regulatory restructuring requires synchronization among regulations and the adoption of legal pluralism principles so that the state legal system can accommodate customary law and social norms living within society. Certification mechanisms need to be made more inclusive by recognizing hereditary expertise, and supervision should be designed in a participatory manner involving local communities. Integrated harmonization will create a balance between the recognition of cultural identity and the assurance of safety for service users.
The Phenomenon of Cancel Culture and Doxing on Social Media X (Twitter): A Criminological Study of Digital Violence Akbar, Allifa Mutia; Amarda, Emilia; Arfandi, Muh; Zahra, St. Alifyani; Hajariani, ST. Nur
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1575

Abstract

One of the types of digital violence that is increasing in the information technology era is the phenomenon of cancel culture and doxing on social media such as X (Twitter). This practice not only affects the victim's reputation but also causes psychological stress, social harm, and a threat to one's privacy and security. The high use of social media in Indonesia is not balanced with sufficient legal protection against the spread of personal data and digital intimidation, so it is important to investigate this topic. How the culture of cancel and doxing in X is considered as a form of digital violence is the purpose of this study. In addition, this study looks at how effective the law, especially the Electronic Information and Transaction Act (UU ITE) and the Personal Data Protection Act (UU PDP), in punishing people who commit street violations. This research uses a qualitative approach for normative jurispris. Laws and regulations, legal doctrines, and relevant literature are studied. Legal theory, literature, and laws and regulations are studied. The research results show that cancel culture and doxing have a pattern to put pressure on victims through the formation of public opinion, collective social punishment, and the dissemination of personal data. In addition, although the ITE Law and the PDP Law provide a basis for protecting privacy and personal data, doxing has not been regulated as a criminal offense. Therefore, this research is the basis for the development of better legal policies and digital protection to create a social media space that is safe, fair, and respects people's privacy rights.
The Principle of Justice in Family Livelihood under Islamic Law as a Model for Employee Compensation Management Darmawan, Didit; Prawira, Muhammad Alfian Dwi
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1578

Abstract

This study constructs a theoretical model of employee compensation management based on the principle of justice in family livelihood relations according to Islamic family law. The research employs a qualitative literature study design without field data collection. The analysis reveals five main pillars of justice derived from family livelihood: continuity of moral obligation, proportionality between burden and compensation, flexibility adjusted to the giver’s capacity, selective transparency to build trust, and special protection for weaker parties. These pillars are transformed into a compensation management framework that differs from conventional transactional models. The proposed model emphasizes that the employer employee relationship carries a moral duty similar to the husband’s obligation to provide family livelihood. Justice is achieved not through uniform wages but through proportional responses to varying needs and capacities. This framework offers theoretical contributions to human resource management and practical guidance for designing fair, sustainable compensation systems.
Legal Protection of Children Born in Serial Marriages Putra, Heddy Permana; Zulfikar, Riza; Slamet, Bambang
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1588

Abstract

Serial marriage, which is a marriage that is legal according to Islamic law but is not registered in a state institution, raises serious legal problems, especially for children born from the bond. This study aims to analyze the construction of Indonesian law regarding the status and protection of children's civil rights from serial marriage, both before and after the birth of the Constitutional Court Decision Number 46/PUUVIII/2010. The research method used is normative juridical with a legislative, conceptual, and comparative approach. The results of the study show that before the ruling, children from serial marriages were categorized as children out of wedlock who only had a civil relationship with their mother and mother's family based on Article 43 paragraph (1) of Law Number 1 of 1974 concerning Marriage, so that their basic rights — including the rights of identity, maintenance, guardianship, and inheritance — were systematically deprived. The Constitutional Court's decision in 2010 became a turning point by opening a civil relationship between the child and his biological father as long as it can be proven through science and technology, including DNA tests. However, the implementation of legal protection still faces a number of obstacles, including the rigidity of the bureaucracy of population registration, the high cost of proving nasab, and the conflict of norms between the Constitutional Court Decision and the Compilation of Islamic Law in terms of inheritance rights. From the perspective of Islamic law, child protection rests on the principles of sharia maqashid, especially the protection of nasab (hifdz annasl), which is in line with the spirit of positive legal restorative justice. This study recommends the revision of the Marriage Law, strengthening the population registration system, providing subsidized DNA test services, and issuing Supreme Court guidelines to realize legal certainty that is in favor of the best interest of the child.
Children's Legal Competence in Electronic Transactions: An Analysis of Normative Gaps from the Perspective of Indonesian Civil Law Samaila, Aina Tasya Maharani; Arfandi, Muh; Harun, Andi Azka Azkia Laelita; Putri, Andi Faizah Aulia; Darwis, Agung; Azis, Cahaya Amanda; Zahra, St Alifyani
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1596

Abstract

The rapid technological developments in the current era are also changing various types of human interactions, one of which is economic interaction. Nowadays, many things can be searched for and purchased online or through fully digital e-commerce platforms. This phenomenon cannot be separated from the active role of minors in online transactions. However, the involvement of children in this digital pattern has particular urgency in civil law, related to the legal capacity of a child in the context of making agreements. Based on Articles 1320 and 1330 of the Civil Code, children who have not reached adulthood do not have the capacity to independently make valid agreements. Research results indicate a normative gap (recht vacuum) in the Electronic Information and Transactions Law (UU ITE), which has not specifically regulated the minimum age and legal capacity regarding subjects in electronic transaction phenomena. Thus, transactions carried out by minors can be canceled due to the failure to meet the subjective requirements. And if a dispute occurs, it will be borne or transferred to the parents or guardians as the responsible party. This research provides the idea for the need to upgrade regulations regarding strong money and be stricter to provide legal certainty and protection for children, business actors, as well as digital platform organizers.

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