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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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Islamic Family Law and International Inheritance: An Analysis of Mixed Marriages from the Perspective of International Civil Law Sahrul Hanafi; Nurman Akhmadi; Siah Khosyi’ah; Ahmad Fathoni
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1769

Abstract

Globalization has increased the number of mixed-nationality and interfaith marriages, giving rise to cross-jurisdictional legal complexities, particularly for Muslim parties. This study aims to analyze the application of the principles of Private International Law—namely, lex patriae, lex domicilii, lex loci celebrationis, and lex rei sitae—in the resolution of disputes regarding mixed-nationality marriages and international inheritance. The methodology employed is normative legal research using a comparative law approach and analysis of court decisions. The results of the study indicate that the validity of mixed marriages is determined through a combination of formal requirements based on lex loci celebrationis and substantive requirements subject to lex patriae or lex domicilii, which often conflict with Sharia norms and the public policy of the forum state. In international inheritance, the differences between the faraidh system and Western law lead to fragmentation in dispute resolution, particularly regarding immovable property governed by lex rei sitae. To reduce legal uncertainty, cross-jurisdictional marriage contracts, international wills, mandatory bequests, and asset transfers that comply with the principle of dual compliance are necessary. This study underscores the importance of harmonizing national law, religious law, and human rights
A Literature Review of Islamic Concepts on Human Rights and Democracy in Indonesia Mirna Yunita; Kurniati Kurniati; Musyfikah Ilyas
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1770

Abstract

This study aims to examine the concepts of Human Rights and democracy from an Islamic perspective in Indonesia. Human Rights (HR) and democracy have become important topics in social and political life. Democracy is a system of government that involves the active participation of citizens and is closely related to human rights, including equality of rights and obligations. This research focuses on analyzing Islamic concepts of human rights and democracy in Indonesia.This study employs a qualitative descriptive research method. The type of research used is normative research, commonly referred to as library research, which involves collecting data and written works related to human rights and democracy in Indonesia from the perspective of Islamic law.The findings of this study indicate that Islam has a clear and profound understanding of Human Rights and democracy, derived from the teachings of the Qur'an and the Sunnah. Islam affirms that every human being possesses fundamental rights that must be respected, such as the right to life, freedom, justice, and equal treatment. Meanwhile, democracy provides freedom for society while ensuring the protection and recognition of the rights of every individual.
The Legal Policy of Regional Autonomy from the Perspectives of Constitutional Law and Ushul Fiqh Dede Ika Murofikoh; Fitri Dian AL Aufa; Restu Gusti Monitasari
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1775

Abstract

This article analyzes the legal politics related to regional autonomy from the perspectives of Constitutional Law and Usul Fiqh. The study of Usul Fiqh provides an ethical and normative basis that emphasizes that every policy of power must be directed toward the benefit of society and the prevention of harm. The integration of these two perspectives is important so that regional autonomy policies are not only legally valid but also just and socially beneficial. This study aims to analyze the legal politics of regional autonomy from the perspectives of Constitutional Law and Usul Fiqh, in order to identify the normative basis, principles of benefit, and their relevance to the dynamics of changing times. This research employs a normative approach using literature reviews, examining the legal politics of regional autonomy through journals, books, and other sources related to Constitutional Law and Usul Fiqh for analysis. This study reveals that regional autonomy is a concept that grants authority to regional governments to regulate and manage governmental affairs and community interests within their regions, in accordance with the principle of decentralization. This concept aims to accelerate regional development, improve public services, and provide opportunities for regions to develop in accordance with their existing local potential. The decentralization of authority to regions enables more effective public services, policies that are more responsive to local needs, equitable development, and strengthened community participation. Thus, regional autonomy can be categorized as a mursalah issue—a benefit not explicitly stated in the texts but consistent with the general objectives of Sharia
Institutional Reformulation in Music Royalty Management in Indonesia: A Comparative Study with Germany and France Abdul Haris Nafis; Suherman Suherman; Iwan Erar Joesoef
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1783

Abstract

The normative management of song and/or music copyright royalties in Indonesia has been designed to adhere to a one-gate system through the National Collective Management Institute (LMKN), but in practice it is still colored by institutional fragmentation at the sectoral Collective Management Institution (LMK) layer, high operational cost cuts, and weak transparency in the Song and/or Music Information System (SILM). This research aims to analyze juridical problems and the implications of institutional fragmentation on the transparency of royalty management, as well as to formulate an ideal institutional reformulation model based on comparative studies with the Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte (GEMA) in Germany and the Société des auteurs, compositeurs et éditeurs de musique (SACEM) in France. The research uses normative juridical methods with legislative, conceptual, and comparative approaches. The results of the study show that the root of the problem stems from the weakness of the substance of the regulation that legitimizes the multiplicity of LMKs, thereby triggering financial inefficiency, overlapping authority, and low distribution accountability. Comparative studies show that the success of GEMA and SACEM rests on institutional centralization, strict state supervision, and transparent audits. This study recommends an integrated one-stop institutional reconstruction accompanied by a revision of Government Regulation Number 56 of 2021 to ensure legal certainty and openness for creators, musicians, and copyright holders.
Coastal Reclamation Policy In Indonesia From The Perspective Of Sustainable Development: Between Investment Interests And Coastal Ecosystem Protection Nathania Satriawan; Yuni Ristanti
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1786

Abstract

Coastal reclamation is a development policy intended to support economic growth, urban expansion, and investment. However, its implementation frequently causes environmental degradation, spatial conflicts, and social impacts on coastal communities, raising concerns regarding its consistency with sustainable development principles. This study aims to analyse Indonesia’s coastal reclamation policy from the perspective of sustainable development by examining the balance between investment interests and the protection of coastal ecosystems. The research employs a normative legal method using statute and conceptual approaches, supported by qualitative analysis of legislation, scholarly literature, and relevant legal documents. The findings indicate that Indonesia’s regulatory framework has formally incorporated sustainable development principles through provisions on environmental protection, licensing, and coastal management. Nevertheless, implementation remains constrained by the predominance of economic interests, weak environmental compliance monitoring, inadequate regulatory harmonisation, and limited public participation in decision-making. These challenges hinder the achievement of an appropriate balance between economic development, ecological sustainability, and the protection of coastal communities’ rights. The study concludes that coastal reclamation policies require reform by strengthening environmental oversight, improving regulatory coherence, and ensuring meaningful public participation alongside the application of the precautionary principle. Such measures are essential to align reclamation practices with sustainable development objectives and to promote environmentally sound and socially equitable coastal development.
Juridical Analysis of Fraud and Illegal Banking Practices in Cooperative Operations: A Case Study on the Baitul Mal Wa Tamwil (BMT) Muamaroh Anyer Cooperative Andre Scondery; Novianti Dasma Putri
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1789

Abstract

The Baitul Mal wa Tamwil (BMT) Muamaroh Anyer Cooperative is one of the Islamic financial entities that in practice is suspected of carrying out activities that deviate from the provisions of positive law in Indonesia. This cooperative collects public funds extensively, promises high returns, and conducts savings and loan activities with a system that resembles banking, even though it does not have an operational license from the Financial Services Authority (OJK) or Bank Indonesia. This phenomenon poses serious problems in the realm of criminal law and financial law because it has the potential to harm the public and violate the principle of prudence in the financial industry. The illegal financial practice under the guise of cooperatives also shows the weak legal and financial literacy of the community and the lack of supervision of non-bank financial institutions that use the name of sharia cooperatives. This study aims to analyze juridically the practice of fundraising by BMT Muamaroh Anyer without the permission of official authorities, examine the legal liability of cooperative administrators who are suspected of committing fraudulent crimes, and formulate legal remedies and preventive measures in protecting the community against illegal financial practices. The research uses a normative juridical method combined with an empirical approach through interviews with cooperative administrators and victims who have experienced losses. Primary data sources are obtained from the results of interviews and field observations, while secondary data comes from relevant laws and regulations, legal literature, and academic journals. The analysis was carried out in a qualitative descriptive manner by interpreting field findings based on the applicable legal framework, especially referring to Law Number 10 of 1998 concerning Banking, Law Number 21 of 2011 concerning the Financial Services Authority, Law Number 25 of 1992 concerning Cooperatives, and Article 378 of the Criminal Code concerning fraud. The results of the research are expected to contribute to strengthening the supervision of cooperative-based microfinance institutions, increase public legal awareness, and become the basis for the formulation of stricter policies against cooperatives that deviate from sharia principles and national banking regulations. The outputs of this research are in the form of scientific articles in accredited legal journals, recommendations for cooperative supervision policies, and community legal education through Community Service (PKM) activities. Thus, this research not only has academic value, but also has a direct impact on law enforcement efforts and community protection from illegal financial practices under the guise of cooperatives.
Legal Protection of Joint Property in Serial Marriage Yuninda Dwi Kartika; Riza Zulfikar; Bambang Slamet
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1797

Abstract

Nowadays, there are still many people in Indonesia who hold or carry out marriages that are legally legal but are not registered in the state. Marriages that are legally valid in religion but not registered in the state (sirri marriage or underhand marriage) raise various legal problems, one of which is regarding the legality of including the name of the spouse on the assets obtained during the marriage This is related to many problems, especially in the protection of the rights of women and children in legally valid marriages but not registered in the state. Meanwhile, the State has sought to protect the rights of Women and Children, one of which is the issuance of Law No: 1 of 1974 concerning Marriage and the Compilation of Islamic Law and stipulates that a valid marriage is a marriage that is carried out according to the laws of their respective religions and recorded in accordance with the applicable laws and regulations. Assets in marriage in Indonesia are divided into two main categories, namely inherited/personal property and joint property (gonogini). Based on Law No: 1 of 1974, all assets before marriage are inheritances, or gifts are the personal property of each and all assets obtained in marriage become joint property, unless there is a prenuptial agreement. In marriages that are religiously valid but not recorded in the state, it does not rule out the possibility of the birth of children and the emergence of property obtained in the marriage. However, in this case, in the event of divorce or breakup, the state cannot be present to protect the rights of women and children in terms of the division of property or the distribution of inheritance to property or assets obtained in a marriage that is legally religious but not recorded in the country. So that it causes many problems for families who are abandoned or the separation of marriages, the impact of which is felt by many people, especially women and children. This article examines in depth the legal position of marriage that is not recorded in the Indonesian legal system, the status of joint property in the marriage, as well as the technicaljuridical issues of including the name of the spouse in asset ownership documents such as land rights certificates, sale and purchase deeds, fiduciary deeds, and banking documents and examines the importance of providing legal awareness for the wider community, especially women, about the legal consequences or impacts of legal marriage religiously but not recorded in the state. Thus, it is hoped that the community will better understand and reduce religious legal marriages that are not recorded according to applicable laws and regulations, become legally and recorded marriages so that the state can be present to protect the rights of all its citizens, especially women and children.
The Principle of Good Faith in Policy Execution as the Basis for the Legal Protection of the Insured in Life Insurance Contracts Lulu Syakirah Alatas; Risna Menda Lovinta Siregar
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1802

Abstract

The implementation of life insurance policies often leads to legal disputes concerning the application of the principle of utmost good faith and the legal protection of insured parties. Claim rejections are frequently based on the alleged failure of insured parties to disclose material facts, although insurers are likewise required to provide transparent information, conduct proper risk assessment, and perform contractual obligations in good faith. This study aims to analyze the principle of good faith as the legal foundation for protecting insured parties in the implementation of life insurance policies and to examine its role in resolving insurance disputes. The research employs a normative legal method using statutory, conceptual, and case approaches. Primary legal materials consist of the Indonesian Civil Code, the Indonesian Commercial Code, Law Number 40 of 2014 concerning Insurance, and relevant court decisions, supported by secondary legal materials collected through library research. The materials were analyzed qualitatively using a prescriptive approach. The findings reveal that the principle of good faith creates reciprocal obligations for both insurers and insured parties throughout policy implementation, including disclosure of material facts, professional underwriting, transparent policy formulation, and objective claim assessment. The study concludes that consistent application of this principle strengthens legal certainty, promotes balanced contractual relationships, and enhances legal protection for insured parties in life insurance practice.
Human Rights Protection of Vulnerable Groups in Indonesia's Criminal Procedure Law Robby Irawan; Muhammad Alwan Fillah; Burhanuddin Hamnach
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1808

Abstract

The protection of human rights for vulnerable groups has become a key priority in the reform of Indonesia's criminal procedural law, reflecting a shift from an offender-oriented justice system toward a human rights-based approach that ensures equal legal protection for all parties involved in criminal proceedings. This study aims to examine the protection of the rights of witnesses, victims, persons with disabilities, women, children, and older persons under the 2025 Indonesian Code of Criminal Procedure (KUHAP 2025) from a human rights perspective. This study employs a qualitative method using normative legal research with statutory, conceptual, and human rights approaches. The research relies on secondary data consisting of primary legal materials, legal literature, and supporting legal references collected through systematic library research and analyzed descriptively and analytically. The findings indicate that KUHAP 2025 significantly strengthens procedural safeguards for vulnerable groups by explicitly recognizing their rights and harmonizing domestic criminal procedural law with international human rights instruments, including the International Covenant on Civil and Political Rights (ICCPR), the Convention on the Rights of Persons with Disabilities (CRPD), and the Convention on the Rights of the Child (CRC). The study further reveals that the reform promotes victim-oriented, disability-inclusive, gender-sensitive, child-centered, and age-inclusive justice. However, its implementation remains constrained by institutional capacity, accessibility barriers, limited professional expertise, and persistent discriminatory legal culture. This study contributes both theoretically and practically by proposing an integrated human rights framework to strengthen institutional implementation and promote a more inclusive, equitable, and human rights-oriented criminal justice system in Indonesia.
Is it possible to construct Pancasila within a hierarchy of legal regulations? Edi Haskar; Raju Moh Hazmi
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1812

Abstract

This study aims to provide an explanation regarding the existential issue of Pancasila. This issue focuses on whether Pancasila can be explicitly included in the hierarchy of legislation, so that the first level of legislation in Article 7 paragraph (1) of Law 12/2011 is Pancasila. Is it ontologically possible for Pancasila to be present in the hierarchy as part of legal norms (axioms/postulates that have undergone positivization)? To uncover this legal issue, normative research was conducted using philosophical, conceptual, and legislative approaches. The data used are secondary data, including primary, secondary, and tertiary legal materials. Data analysis will be presented descriptively and qualitatively through content analysis. The results of this study found that Pancasila exists as the basis of the state; it is a fundamental reality of values, grundvalues, and rechtsidee/staatfunamentalnorm, which inspires, provides purpose, and serves as a measure for the creation and validity of positive norms. Thus, Pancasila is not at the level of legal products, but at the level of the foundation of legal meaning; It is a foundation (foundation) and not the basis itself. Pancasila is not suitable to be positioned as a 'norm level' in the hierarchy because it is not part of a series of positive norms. The implications of including Pancasila in the legal hierarchy are (1) a change in the category of Pancasila from grundnorm/source to object of the hierarchy, (2) the potential for Pancasila to be changed, and (3) the need for an overhaul of the norm testing architecture.

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