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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 173 Documents
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Application of The Law to Children Who Do Not Have The Right to Possess or Carry Sharp Weapons Elmansah Elmansah; Amiruddin Hanafi; Fidyah Faramita Utami
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1724

Abstract

The aim of this research is to determine the application of the law for children who commit the crime of carrying sharp weapons without a valid permit. This research uses a normative juridical legal method. In this case, the application of the law to children is not appropriate when viewed from the violation of the law committed by the child, the child does not understand the consequences of an act that the child has committed, in this case the child is still detained even though the child can get diversion because this is not a repetition of the crime, and does not cause fatalities, if we look at Law Number 11 of 2012 concerning the Child Criminal Justice System, where diversion can be attempted in cases of children, however in this case the Public Prosecutor did not attempt diversion by considering the age of the child and several other reasons, as well as the judge's decision which if we look at the Law of the Republic of Indonesia Number 11 of 2012 concerning the Child Criminal Justice System, is contained in Article 7 paragraph (1) and paragraph (2), and Regulation of the Supreme Court of the Republic of Indonesia Number 4 of 2014 concerning Guidelines for Implementing Diversion in the Child Criminal Justice System, is contained in Article 3.
Degrading Penal Populism Through Alternative Sanctions in The Indonesian Penal Code Ahwan Ahwan; Ika Yuliana Susilawati
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1732

Abstract

The enactment of the Penal Code (Law No. 1/2023) marks a historic shift in national penal policy, revealing a complex dualism between retributive penal populism and modern sentencing moderation. This paper aims to analyze the structure of penal policy within the Penal Code to examine how alternative sanctions are normatively designed to control, limit, and degrade the expansive destructive power of penal populism. Employing a doctrinal legal research method with legislative, conceptual, and legal-historical approaches, this study examines how the New Penal Code exhibits a “Janus-faced penal policy.” On one hand, this codification accommodates public punitive sentiment through the retention of the death penalty, the expansion of overcriminalization in public spaces, and intervention in the private sphere. On the other hand, however, it institutionalizes balancing mechanisms through the incorporation of new alternative sanctions, namely probation and community service. Guided by the “Principle of Balance” enshrined in the sentencing guidelines (Articles 51–54), these alternative sanctions function as a safety valve. This study concludes that the convergence of these two opposing paradigms is not merely a forced pragmatic political compromise, but rather a systemic normative design intended to curb the public’s punitive zeal while simultaneously preventing the judicial system from collapsing due to prison overcrowding. The success of this de-escalation of penal populism ultimately rests on the standardization of judicial risk assessment tools and a progressive shift in the mindset of law enforcement officials.
Legal Protection of Patent Rights in The Pharmaceutical Industry Concerning the Availability and Accessibility of Medications in Society Kriston Kriston; Suarian Datupalinge; Adfiyanti Fadjar
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1736

Abstract

This study aims to analyze the legal protection of patent rights in the pharmaceutical industry and its implications for the availability and accessibility of medicines in the community. The research method used is normative legal research. The results show that the legal system in Indonesia has accommodated these balancing efforts through various mechanisms, such as compulsory licensing, government use of patents, and provisions in international agreements such as the TRIPS Agreement, which provide flexibility for countries under certain conditions. However, the implementation of these policies still faces various obstacles, both from regulatory and institutional aspects, as well as global pressures. These mechanisms allow countries to ensure the availability of affordable medicines for the community under certain conditions without having to completely ignore the rights of patent holders. In conclusion, legal protection of patent rights in the pharmaceutical industry must be implemented proportionally while still considering the public's right to health. Therefore, it is necessary to optimize the government's role in implementing policies that can ensure the availability and accessibility of medicines fairly, without hindering innovation in the pharmaceutical sector.
Implementation of Corporate Social and Environmental Responsibility of Mining Companies in Palu City Andi Muh. Fadly; Suarlan Datupalinge; Ratu Ratna Korompot
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1745

Abstract

The purpose of this study is to discuss the implementation of Social and Environmental Responsibility (TJSL) with a case study at PT. Citra Palu Mineral. This study uses an empirical juridical method. The results show that TJSL in Indonesia has developed from a voluntary concept to a legal obligation regulated in various regulations. PT. CPM has basically prepared a TJSL master plan that refers to the provincial and city RPJMD, but implementation in the field is still perceived by the community as limited and not commensurate with the company's profits. The company claims to have implemented broader programs, both in the social and environmental fields according to the principles of good mining practice, including land reclamation and changes in mining methods. The main obstacles faced by the company include the diversity of urban community needs that are difficult to map and the public perception that still equates TJSL with cash assistance. This study concludes that there is a gap between regulations, company practices, and community expectations. Therefore, it is recommended that PT. CPM improves coordination with local governments and local stakeholders, expands the scope of community empowerment programs, and conducts outreach regarding the TJSL concept to create a harmonious understanding between the company and the community.
The Principle of Lex Favor Reo in Moral Crimes: A Study of the Legal Implications of the Transitional Period of the National Ika Yuliana Susilawati; Ahwan Ahwan
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1754

Abstract

The transitional period following the implementation of the National Criminal Code (KUHP) has raised issues regarding the application of the Lex Favor Reo principle to changes in the provisions of moral offenses. This normative legal research aims to outline the criteria for determining the most favorable rules and analyze the legal effectiveness of applying this principle during the transitional period of the National Criminal Code. The research was conducted using a regulatory and contextual approach, utilizing primary and secondary legal materials analyzed qualitatively and prescriptively through systematic, contextual, and comparative interpretation. The results indicate that determining the most favorable rules cannot be based solely on quantitative calculations of criminal penalties but must be conducted in a hierarchical manner through three dimensions of analysis: criminalization, procedural, and punitive. The application of the Lex Favor Reo principle creates legal implications in the procedural aspect, affecting the use of the right to file a complaint and the withdrawal of a complaint, which determine the continuity of the legal process. In the penal aspect, it also raises the possibility of implementing alternative punishments that are more favorable to the perpetrator. Thus, the principle of lex favor reo during the transitional period of the National Criminal Code must be understood multidimensionally, taking into account the full legal consequences arising from the changes in the regulation of crimes against morality, thereby ensuring legal certainty, justice, and uniform application of the law in criminal practice.
Limitation of Administrative Authority of the Regional Office of the National Land Agency in the Cancellation of Land Rights Certificates Abd. Rahman; Siti Hasanah; Yulias Erwin
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1759

Abstract

The existence of a certificate as proof of ownership does not automatically serve as the sole guarantee of legal certainty regarding a person’s ownership of land, as certificates often contain administrative and legal defects. This study aims to: 1) identify the limits of the administrative authority of the West Nusa Tenggara Provincial Office of the National Land Agency in revoking land title certificates in accordance with laws and regulations; 2) To examine and analyze the Decision of the West Nusa Tenggara Provincial Office of the National Land Agency No. 158/SK-52.MP.02.03/X/2022; and 3) To examine the legal implications of certificate revocation by the West Nusa Tenggara Provincial Office of the National Land Agency on legal certainty and the protection of land rights for certificate holders. The research approach used is the normative research method; specifically, this study employs a descriptive-analytical approach. The types and sources of data in this study include primary legal materials, secondary legal materials, and tertiary legal materials. The data analysis method used is qualitative data analysis. The results of the study indicate that: (1) The administrative authority of the NTB Regional Office of the National Land Agency (BPN) to revoke certificates is strictly limited by Article 32(2) of Government Regulation No. 24 of 1997 regarding the five-year time limit and the exclusive jurisdiction of civil courts in ownership disputes. (2) Decision No. 158/SK-52.MP.02.03/X/2022 formally meets the legal requirements regarding authority but, in substance, violates the Principles of Legal Certainty and Diligence by revoking a certificate issued under a government program (PTSL) without a final and binding court decision. (3) The legal implications of this revocation are the loss of the certificate holder’s legal status and a weakening of public confidence in the legal certainty guaranteed by land certificates. It is recommended that regulations be harmonized so that administrative revocations continue to respect the substantive rights of citizens.
Implementing Qishash from the Maqashid Syariah Perspective: Analysis of Life Protection in Jinayah Law Ahmad Ansori
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1762

Abstract

This research departs from the problematic dichotomous understanding of Qishash which is often reduced to a cruel law of revenge, or conversely, its formal application is encouraged without a complete understanding of its philosophy. This study aims to analyze the urgency of implementing Qishash through the lens of Maqashid Syariah with a focus on its effectiveness as an instrument of life protection (ḥifẓ al-nafs) in jinayah law. Using a qualitative library research method, this study conducted an in-depth review of primary and secondary sources related to Qishash, Maqashid Syariah, and comparative criminal law. The results of the study show that: First, Qishash within the Maqashid framework is not the final goal, but rather a definitive means to achieve ḥifẓ al-nafs as primary dharūriyyāt through the enforcement of equal justice and balance; Second, Its effectiveness as a zawājir (deterrent) and wiqāyah (protection) lies in the logic of certainty, proportionality, and restoration of victims' rights; Third, Its contextualization in the modern system can be done through the integration of its substantive values into the restorative justice framework and strengthening the role of victims; Fourth, Comparative analysis reveals the superiority of Qishash in victim justice and theoretical deterrence, even though the conventional system excels in procedural guarantees. In conclusion, the urgency of Qishash lies in its spirit and philosophy which offers a victim-centered justice perspective and substantive soul protection. Its implementation can be realized through the socialization of the Maqashid concept, the integration of the values of proportionality and restitution into national criminal law policies, and the strengthening of restorative approaches that take into account the interests of victims.
Due Process of Law and the Principle of Al-'Adalah in the Selection of Constitutional Judges: A Critique of the Single Candidate Method Anisa Anisa
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1765

Abstract

The practice of selecting a single candidate for constitutional judges by Commission III of the House of Representatives (DPR) has emerged as a serious issue, as it violates the due process of law and contradicts the principle of al-’adalah in Islamic law. The closed nature of this process, which lacks public participation and is heavily influenced by transactional politics, threatens the independence of the Constitutional Court as the ultimate guardian of the rule of law. This study employs library research, utilizing data sources such as books, scientific journal articles, research reports, and official documents. The research reveals three primary findings. First, the single-candidate method breaches the principles of due process of law—particularly fairness, transparency, and the opportunity to be heard—and subsequently deprives other potential candidates of their constitutional rights. Second, this approach is inconsistent with the principle of al-’adalah, as it disregards both procedural and substantive justice, violates the 'adalah requirement for candidates, and dismisses al-musyawarah alongside the prohibition of al-muhasabah. Third, the convergence of these two principles provides a comprehensive critical framework and proposes an ideal selection model based on five pillars: an independent committee, open registration, a screening process, public examination, and final selection by the DPR. The study concludes that the single-candidate practice must be abolished, as it undermines the legitimacy of the recruitment process and the authority of the Constitutional Court. The practical implementation of these findings involves public advocacy, legislative revisions, and a fundamental shift in the political culture of the elite.
Crypto-Geological Fiqh Law: Analysis of Maqashid Syariah on the Use of Blockchain and Smart Contract in the Distribution of Cross-Country Natural Disaster Compensation Funds Azhari Azhari
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1766

Abstract

Increasing frequency disaster natural cross- country demands system fast, transparent and accountable distribution of compensation funds, but system conventional Still face constraint bureaucracy layered, chain intermediation long, and fragmentation regulations between countries that hinder effectiveness help humanity. Blockchain technology and smart contracts are here as solution potential, but its use in Islamic philanthropy requires justification from perspective maqashid sharia so as not to cause harm new. Research This is studies literature that analyzes use of blockchain and smart contracts in distribution of compensation funds disaster natural across countries through framework Maqashid Syariah. Research results disclose that blockchain architecture provides benefit significant in the form of transparency and accountability that contribute to protection property, as well as efficiency supporting distribution protection soul, even though keep potential understanding such as pseudo- anonymous, consumption energy excessive, and disparity digital infrastructure. Smart contract scheme aligned with principle clarity contract and prevent gharar, however its rigidity contradictory with principle emergency and have vulnerability in the oracle problem. Dimension cross- country causes tension between sovereignty laws and regulations give help humanity, which requires framework law transnational adaptive. Synthesis study produce framework Islamic ethics for blockchain governance based on trust, maslahah, shura, hisbah, and balance transparency-privacy. Implementation results study realized in prototype consortium blockchain system with governance participatory, emergency override mechanism, decentralized oracle, privacy differential, as well as an independent sharia supervisory board.
Local Government Behavior in Implementing the Constitutional Rights of Communities Affected by Natural Disasters: A Legal Analysis State's Affairs on Disaster Management Sutri Helfianti; Iskandar Iskandar; Mudhafar Anzari; Musradinur Musradinur; Aisyah Aisyah
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1767

Abstract

Study This motivated by problems gap systemic between guarantee right constitutional public affected disaster natural in the 1945 Constitution with implementation by the government area, which is marked with overlapping overlap regulation, behavior discretion problematic, fragmentation institutional, deficit accountability, as well as ineffectiveness mechanism accountability law. Type study This is study law normative with approach studies library research that analyzes material primary, secondary, and tertiary law in a way descriptive qualitative. Research results show that runway juridical right constitutional rights of disaster victims nature piled up but No integrated, creating uncertainty law. Behavior patterns government area be on the spectrum from response progressive until discretion problematic violations Principles General Good Governance. Roots failure implementation lies in disharmony regulation, fragmentation institutional and deficit accountability that forms circle demon systemic. Mechanism accountability existing laws, both preventive and repressive, proven No adequate For restore fundamental rights of disaster victims. Research conclusions This is that behavior government problematic areas is reflection from governance design disasters that are structural No side with protection right constitutional community. Implementation results study recommend fundamental reforms in realm regulations through compilation standard national indicator fulfillment right disaster victim base, strengthening authority BPBD coordination accompanied by real-time audits, as well as formation Constitution special about not quite enough state responsibility in disaster with procedure lawsuit simple.

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