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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 173 Documents
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Normative Consciousness Displacement in Artificial Intelligence Mediated Legal Interpretation Systems and Its Consequences for Human Judicial Sovereignty Yohanna YR Watofa; Marsel Mickael Fenanlabir; Henk M. Sombuk
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1593

Abstract

This study examines the phenomenon of shifting normative awareness in artificial intelligence-based legal interpretation systems and its implications for judges' sovereignty in modern judicial practice. The research is motivated by the increasing use of artificial intelligence in the legal interpretation process which raises problems related to the reduction of judges' autonomy, ethical responsibility, and humanitarian dimension in law enforcement. This study aims to analyze the influence of artificial intelligence systems on the legal interpretation process and identify its consequences on the existence of human judicial sovereignty. The research uses a normative juridical approach with a qualitative analysis method. Data was obtained through a document study of 45 legal sources consisting of laws and regulations, court decisions, scientific articles, policy reports, and international regulatory frameworks related to artificial intelligence and legal technology. Data analysis was carried out using content analysis techniques and comparative legal interpretation. The results show that artificial intelligence systems tend to place computational consistency and predictive efficiency above contextual, moral, and sociological dimensions in legal interpretation, thus contributing to the weakening of human normative awareness in judicial decision-making. This study concludes that the integration of artificial intelligence in the legal system requires strengthening ethical governance and human supervision mechanisms to maintain judicial sovereignty, legal legitimacy, and substantive justice in the digital era.
Legal Protection of Land Rights in the Settlement of Double Certificate Disputes Through Supreme Court Decisions (Study of Decision No. 212K/PDT/2020) Fitri Camelia Ananda; Yenny Febrianti; Eka Ardianto
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1603

Abstract

Dual land certificates represent a systemic problem in Indonesian land administration that creates legal uncertainty and prolonged ownership conflicts. This study aims to analyze the legal protection provided by the Supreme Court through Decision No. 212K/Pdt/2020 in resolving dual certificate disputes, as well as to identify implementation obstacles and countermeasures. The research employs a normative juridical approach combined with an empirical approach through decision analysis, statutory review, and interviews with Notaries/PPAT as land practitioners. Findings indicate that the cassation decision successfully restored substantive legal certainty by prioritizing good faith, chronology of rights acquisition, and physical possession as the basis for determining legitimate Right of Ownership under Articles 20–27 of the Basic Agrarian Law (UUPA). However, the effectiveness of legal protection remains hindered by weak coordination between judicial institutions and the National Land Agency (BPN), protracted verification bureaucracy, and the potential misuse of criminal instruments to delay civil execution. The study recommends establishing standardized court-BPN cooperation protocols, accelerating the transition to electronic land registration, simplifying post-final decision certificate revocation procedures, and applying the ultimum remedium principle in criminal reporting for purely civil land disputes. Thus, legal protection must not end with normative victory but must materialize as administrative certainty genuinely enjoyed by legitimate rights holders.
The Impact of Legal Pluralism in the Dynamics of Human Rights Protection and its Implications for the Development of the National Legal System in Indonesia Fenti Maya Sari; Syifa Nur Lathifah; I Putu Wahyu Budhi Sucita; Marsudi Dedi Putra
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1612

Abstract

This research aims to analyze the impact of legal pluralism on the protection of human rights and examine its implications on the development of the national legal system in Indonesia in order to find a concept that bridges the diversity of the system with the principle of justice. The type of research used is normative law that focuses on the study of legal norms, principles, and doctrines through a statutory approach and a conceptual approach. Secondary legal materials collected through literature studies are analyzed qualitatively with a deductive thinking pattern to produce systematic and logical conclusions related to the problem being studied. Legal pluralism in Indonesia manifests in the interaction between state law, customary law, and religious law that apply simultaneously and provides a choice for people to choose norms that suit their interests. The existence of this diverse system has a positive impact on the recognition of indigenous peoples' rights and access to substantive justice, but on the other hand it triggers legal uncertainty and potential human rights violations due to the dominance of state law or the practice of forum shopping. The development of the national legal system responds to this reality through efforts to harmonize regulations, as seen in the constitutional recognition of the unity of customary law communities and the integration of living law in the new Criminal Code. Legal reform is directed at the establishment of a system that is no longer centralistic, but is able to accommodate local values in order to achieve a balance between national interests and the protection of the rights of minority groups.
Divorce Outside the Court from the Perspective of Islamic Legal Philosophy Regarding Legal Certainty and Protection of Women's and Children's Rights Allysa Dhini Rizalde; Budi Abdullah; Munaf Andri Revanda Sembiring; M. Rama Dhanu Jupri; Alwi Saparizhan; M. Habib Al-Muqtadir; Syerli Klara Larasati Boru Manalu
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1628

Abstract

This study examines out-of-court divorce from the perspective of Islamic legal philosophy, focusing on legal certainty and the protection of women’s and children’s rights. Out-of-court divorce remains common in Indonesian society and is often conducted solely through the husband’s declaration without a judicial process in the Religious Court. This practice creates legal problems concerning the status and rights of women and children after divorce. This research aims to analyze divorce in Islamic family law and Indonesian positive law and to examine the impact of out-of-court divorce on justice and legal protection. The study uses a qualitative method with a library research approach. Data were collected from the Qur’an, Hadith, laws and regulations, the Compilation of Islamic Law, books, journals, and related literature. Data analysis employed a qualitative descriptive method using the perspective of Islamic legal philosophy. The findings reveal that Islamic family law permits divorce only as a last resort and requires responsibility toward women’s and children’s rights. Indonesian positive law also stipulates that divorce is legally valid only through court proceedings to ensure legal certainty and legal protection. Out-of-court divorce often results in the loss of legal certainty, neglect of maintenance rights, uncertainty in child custody, and social and psychological impacts on women and children. From the perspective of Islamic legal philosophy, court-based divorce procedures support justice, legal certainty, and public benefit.
Victim or Perpetrators? The Dilemma of Criminal Liability in Scam Center Cases as a Form of Modern Trafficking in Persons Nunung Rahmania; Atika Zahra Nirmala
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1631

Abstract

The development of digital technology has changed the pattern of trafficking in persons crimes from conventional forms to new forms of digital-based exploitation, one of which is through the phenomenon of scam centers. This phenomenon raises legal issues regarding the status of victims who are in a dual position as victims of trafficking in persons as well as perpetrators of criminal acts. This study aims to analyze the dilemma of criminal liability in the case of scam centers as a form of modern trafficking in persons as perpetrators or victims that occurs in Cambodia, Myanmar, and Laos. This research method is a normative research with a statute approach and a victimization approach. The results of the study showed that the practice of scam centers met the elements of trafficking in persons crimes based on Articles 4 and 12 of the Anti-Trafficking Law. From a victimology perspective, the victim is in  a position of victim-offender overlap because in addition to being a victim of exploitation, the victim is also forced to commit the crime of online fraud so that based on the criminal responsibility theory and Article 36 paragraph (1) of the National Criminal Code, the theory of coercion (overmacht theory) and Article 42 of the National Criminal Code,  the principle of non-punishment of victims/non-criminalization and Article 18 of the Anti-Trafficking Law, the theory of no culpability without freedom, and the Palermo Protocol, victims who commit criminal acts due to coercion and exploitation cannot be fully held criminally responsible because the crime is committed on the basis of coercion without full freedom of will, then the victim  of the scam center It is more appropriate to position as victims of trafficking who are entitled to protection to prevent criminalization of victims.
Protection of Citizens' Constitutional Rights in the Pancasila Democratic System in Indonesia Amalia Geranti; H. Rusdianto; Fryanditya Rahayu Putri Rusadi
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1648

Abstract

This study aims to analyze the protection of citizens' constitutional rights in the Pancasila democratic system in Indonesia, by highlighting the role of state institutions, the challenges faced, and the solutions that can be applied to increase their effectiveness. The research method used is normative law with a statutory and conceptual approach, which relies on an analysis of the constitution, related laws and regulations, and academic literature. Data is collected through literature studies, while data analysis is carried out through data reduction, data presentation, and conclusion drawing to produce a comprehensive picture of the implementation of the protection of citizens' constitutional rights in the context of Pancasila democracy. The results show that the protection of the constitutional rights of citizens in Indonesia has a strong foundation in the 1945 Constitution and laws and regulations, but its implementation still faces a number of challenges, including low public legal literacy, inequality in access to public services, and threats to privacy in the digital era. The role of state institutions such as the Constitutional Court, Komnas HAM, and the Ombudsman is considered significant, although it is not fully optimal due to limited resources and ineffective supervision. The proposed solutions include strengthening regulations, empowering state institutions, improving legal literacy, and using digital technology more effectively. The results of this study provide strategic recommendations to strengthen the protection of citizens' constitutional rights in the future, in accordance with the democratic values of Pancasila which emphasizes justice and common welfare.
Legal Protection for the Recipient of the Franchise of "MAKJON" Pioneer of Martabak Japan" Ayu Citra Santyaningtyas; Kukuh Budi Mulya; Gemilang Kirana
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1676

Abstract

The franchise agreement raises a problem, this is a default committed by the franchisor due to the change of employees at the head office, the central franchisor begins to give a slow response until finally ignoring the message of the franchisee. This action hinders the sales process, due to the depletion of raw material inventory. The research method used is normative juridical research using legislative and conceptual approaches. The results of this research are a form of legal protection for franchisees when there is a default in Government Regulation number 42 of 2007 and Regulation of the Minister of Trade number 71 of 2019, namely there is a clause regarding the rights and obligations of the parties to settlement efforts that can be carried out by the franchisee, namely using the principle of out-of-court dispute resolution or non-litigation settlement. By way of deliberation to reach consensus or mediate. If the dispute resolution outside the court cannot be successful, then the parties can carry out the dispute resolution process through the court.
National Strategic Projects and Human Rights Challenges in Merauke Regency, Indonesia Muhamad Agung Prakoso; Mumuh Nurmatin
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1677

Abstract

The National Strategic Project (PSN) implemented in Merauke Regency, South Papua Province, aims to boost economic growth and equitable development through food and energy estate programs. However, at the implementation level, the massive wave of regulations facilitating land acquisition often triggers agrarian conflicts and alleged Human Rights (HAM) violations against local indigenous communities. This normative juridical legal research aims to analyze the root causes of the PSN implementation issues in Merauke and formulate a harmonious policy framework between national development and human rights protection. The study concludes that amidst the powerful legal instruments facilitating the project, limiting instruments do exist, such as the Human Rights Act, the Papua Special Autonomy Act, and the mechanism for filing lawsuits through the Administrative Court (PTUN) for disputes regarding Administrative Decisions. Harmonization between PSN development and the rights of Indigenous Peoples can be achieved if the development process implements the principle of Free, Prior, and Informed Consent (FPIC) as part of Human Rights Due Diligence, ensuring that the fulfillment of indigenous rights progresses in harmony with modern advancements
Rice Field Pawning Practices from the Perspective of Fiqh Muamalah: A Study in Langen Sari Village, Karang Tengah, Cianjur Faisal Tanjung; Muhammad Mushab; Refki Saputra
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1713

Abstract

Rahn (Islamic pawn financing) is an instrument in Islamic commercial jurisprudence (fiqh muamalah) that functions as debt collateral while protecting the rights of parties involved in financial transactions. Although the concept of rahn has been widely developed within Islamic financial institutions, traditional rice field pawning practices remain common in rural communities and often diverge from the normative principles of Islamic law. This study analyzes rice field pawning practices in Langen Sari Village, Karang Tengah District, Cianjur Regency, evaluates their conformity with fiqh muamalah principles, and identifies their legal and ethical implications. A qualitative case study approach was employed, with data collected through observation, in-depth interviews, and documentation, and analyzed using data reduction, data display, and conclusion drawing techniques. The findings indicate that the practice is conducted through oral agreements without written contracts or a clearly defined repayment period. The creditor (murtahin) is granted the right to manage the land and receive all harvest yields until the debt is repaid. Although the essential pillars of rahn are fulfilled, the practice is not fully consistent with Islamic legal principles due to elements of uncertainty (gharar) and unequal benefit favoring the creditor. The study concludes that local traditions and economic necessity shape the practice more strongly than formal Islamic legal understanding, highlighting the need for greater fiqh muamalah education and a more transparent, equitable, and Sharia-compliant model of agricultural pawning.
Reconstruction of Criminal Liability in Infanticide of Children Born out of Wedlock A Juridical Feminism Perspective Yuni Ristanti; Atika Zahra Nirmala
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1723

Abstract

The phenomenon of infanticide involving children born out of wedlock reflects not merely individual conduct but a complex interplay of psychological pressure, social stigma, and gender inequality. This study aims to analyze the regulation of infanticide under the Indonesian Criminal Code, examine the ambiguity of the phrase “fear of being discovered by others,” and assess criminal liability from a feminist legal perspective, including the role of the biological father. This research employs a normative legal method with statutory and conceptual approaches. The findings indicate that Article 460 constitutes a delictum proprium that designates the mother as the offender based on biological conditions. However, its formulation remains partial and fails to address underlying structural factors. The phrase “fear of being discovered by others” is vague and may lead to interpretative disparities. From a feminist legal perspective, the provision reproduces gender inequality by concentrating liability on women, while the role of the biological father remains insufficiently addressed. Accordingly, reconstructing criminal liability to incorporate the role of the biological father and broader social factors is necessary to achieve gender-sensitive substantive justice.

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