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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 202 Documents
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Legal Relationship in The Subsidized Fertilizer Purchase and Sale Contract between CV Prima Tani and Toko Iffah Widya Cahya Nabila; Suarlan Datupalinge; Muhammad Ikbal
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1822

Abstract

This study aims to examine the nature of the legal relationship between CV Prima Tani and Toko Iffah regarding the sales contract for subsidized fertilizer. A normative legal research method was employed. The findings indicate that the legal relationship between CV Prima Tani acting as the seller or distributor and Toko Iffah acting as the buyer or authorized retailer of subsidized fertilizer is grounded in a sales contract that establishes rights and obligations for both parties. CV Prima Tani is obligated to supply and deliver subsidized fertilizer in accordance with established stipulations regarding quantity, type, quality, and distribution mechanisms, while Toko Iffah is obligated to make payments and distribute the fertilizer to farmers in compliance with applicable regulations. However, implementation challenges persist, such as distribution delays, limited fertilizer availability, and varying levels of understanding among the parties regarding administrative requirements and regulations governing subsidized fertilizer. The study concludes that the sales contract between CV Prima Tani and Toko Iffah has established a binding legal relationship based on the principles of freedom of contract and good faith, as well as statutory provisions. Consequently, there is a need for improved adherence to distribution procedures and more effective oversight to ensure the contract is executed in an orderly manner and yields benefits for the farming community.
Dispute Resolution Through Local Institutional Mechanisms in the Baduy Indigenous People and Their Relevance to National Legal Pluralism Muhammad Tahsin Roy; Iwan Darmawan; Mahipal Mahipal
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1828

Abstract

This study aims to analyze the dispute resolution mechanism through local institutions in the Baduy indigenous people and its relevance to national legal pluralism in Indonesia. On the one hand, the Baduy customary mechanism based on the philosophy of pikukuh and the concept of mutual forgiveness has proven to be effective in resolving conflicts quickly, participatoryly, and oriented towards restoring social-spiritual harmony at no cost. However, on the other hand, its implementation faces structural and normative challenges when interacting with the formal justice system, such as the lack of documentation of decisions, the lack of standardized due process, and the potential for overlapping jurisdictions. This study uses a normative-empirical legal approach with a qualitative case study method, through the analysis of regulatory documents, literature reviews, and in-depth interviews with key sources. The results of the study show that the local institutions of Baduy are in substantive harmony with the principles of restorative justice and preventive legal protection, but their constitutional recognition is still partial at the field level. This study recommends a complementary harmonization model that includes: (1) declarative registration of customary decisions as a peace deed in the District Court, (2) the preparation of institutional collaboration protocols (MoU/Joint Decree), (3) joint training on the principles of restorative justice and human rights, and (4) continuous legal assistance. Thus, the coexistence of customary law and national law can be realized in a healthy manner without sacrificing cultural autonomy and guarantees of human rights protection.
Legal Standing and Liability of Grabfood Drivers Vis-À-Vis Consumers within Grabfood Services Indra Aditama I. Dunggio; Syamsuddin Baco; Marini Citra Dewi
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1829

Abstract

This study aims to determine the legal status of GrabFood drivers in the legal relationship between the application provider company, consumers, and business actors, as well as to analyze the legal responsibilities of GrabFood drivers towards consumers in the provision of GrabFood services. The research method used is normative legal research. The results of the study indicate that the legal status of GrabFood drivers in the provision of GrabFood services is as a working partner of the application provider company whose task is to carry out order delivery services from business actors to consumers. The legal relationship between drivers and the company is based on a partnership agreement, while the relationship between consumers and the application provider arises from an electronic agreement made through the GrabFood application. In carrying out the service, drivers have an obligation to carry out delivery tasks in accordance with operational standards set by the company and maintain the security and condition of orders until they are received by consumers. This study also shows that the legal responsibility of GrabFood drivers towards consumers can arise if the driver commits negligence or errors that result in losses for consumers, such as delivering the wrong order, losing the order, damaging food during the delivery process, or taking actions that are contrary to the terms of service.
Psychic Causation in Indonesian Criminal Law: A Normative Study Using A Material Offense Approach Hadi Purnomo; Kamil Razak; Hana Krisnamurti
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1835

Abstract

This paper examines psychic causality in Iindonesian crimiinal law through normative legal research and a material offence approach. Classical criminal law tends to identify criminal causation through physical acts, such as stabbing, striking, oir poisoining. However, contemporary criimiinal cases increasingly involve non-physical acts, includiing verbal intimidation, psychological pressure, threats, humiliation, coercive communication, and digital harassment, which may allegedly trigger severe psychological harm or even suicide. The central legal question is whether psychological pressure may be legally constructed as a cause of a prohibited result. This paper argues that psychic causality cannot be assessed solely through the conditio sine qua noin theory because such theory is too broad when applied to psychological events. Instead, legal causation requires a coimbination of factual causation, adequate causation, objective foireseeability, and normative attribution. Indonesian law has recognized psychological suffering through several legal instruments, including the Criminal Code, the Domestic Violence Law, the Sexual Violence Crime Law, the Electronic Information and Transactions Law, and the new Criminal Code. Nevertheless, the main difficulty lies not in the existence of norms, but in proving the causal chain between the perpetrator’s conduct and the victim’s psychological condition. Therefore, forensic psychiatric expertise, psychological autopsy, medical records, digital evidence, and witness testimony are crucial to bridge legal certainty and scientific probability.
Urgency of Guarantee in Cancellation of Payment of Goods Price in Sale and Purchase Agreement through Marketplace Zainuri Zainuri; Evi Dwi Hastri
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1839

Abstract

This study analyzes the legal vacuum in the legal arrangement of sale and purchase agreements on the existence of guarantees. Meanwhile, in the era of digital transformation, it is increasingly complex. In transacting, the development has used non-conventional methods such as buying and selling online through a marketplace with a Cash On Delivery (COD) system. This phenomenon requires the law to be more adaptive in responding. So the purpose of this study is to analyze and examine in depth the urgency of a guarantee in the legal relationship of the sale and purchase agreement on the cancellation of the payment of the price of goods made online through the marketplace. The type of research used is normative juridical. The results of the study show that legal reconstruction is needed to meet the urgency of guarantees. This can be expressed in giving rise to the legal concept of guarantee in the legal relationship of the sale and purchase agreement because there is a loss experienced by the seller for default committed by the buyer by deliberately not paying and canceling the price of the goods that have been agreed. Prof. Satjipto Rahardjo's progressive legal theory is considered very relevant in supporting this concept outside the concept of the use of collateral which is still limited to credit agreements or debts and receivables. Given the complexity of onrechtmatige daad in online buying and selling agreements, it is quite common.
The Impact of Legal Pluralism on Human Rights Protection in Health Services Fenti Maya Sari; Syifa Nur Lathifah; I Putu Wahyu Budhi Sucita; Dedi Putra
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1848

Abstract

This research aims to analyze the influence of legal pluralism on the realization of human rights protection within the national health service system and to identify the juridical and sociological obstacles arising from normative conflicts between state law and local customary norms. A normative juridical approach is employed, focusing on the analysis of various regulations, norms, and legal doctrines pertaining to human rights protection in the healthcare system, supported by library research techniques involving primary, secondary, and tertiary legal materials analyzed qualitatively through legal interpretation. Interaction between state law and local norms frequently exhibits a dominative-subordinative pattern that triggers tension, where rigid formal health regulations often clash with beliefs or traditional customs held by local communities. Individuals are often placed in vulnerable positions when forced to choose between formal medical procedures and obedience to customary authority, resulting in various human rights violations such as access discrimination, disregard for informed consent, and the denial of life-saving medical actions that contradict human rights principles. Neglect of this legal pluralism creates a dangerous zone for fundamental human rights, necessitating concrete steps such as policy synchronization, formalization of safe traditional medical practices, strengthening legal literacy, and cross-element dialogue to harmonize state law and local norms, thereby ensuring consistent and equitable rights to health.
Reconstruction of Certainty and Efficiency-Based Execution of Guarantee Objects: A Legal Comparative Approach Basyarudin Basyarudin; Sahrul Hanafi
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1849

Abstract

The execution of the object of collateral is a crucial phase in the material guarantee legal system because it determines the effectiveness of creditor protection and legal certainty in settling receivables. In Indonesian law, the Right of Dependency is designed as a guarantee instrument that gives preferential position and executory power to creditors. However, practice shows that the mechanism for the execution of the collateral object has not been fully implemented definitively and efficiently, and often even gives rise to further disputes. This study aims to analyze the structural problems of the execution of collateral objects in Indonesia and formulate a reconstruction of the execution mechanism based on legal certainty and efficiency through a comparative legal approach. This research uses normative legal research methods with legislative, conceptual, case, and comparative legal approaches. The results of the study show that the uncertainty of execution is caused by conflicts between legal regimes, ambiguity of execution norms, weak protection in execution auctions, and pre-execution problems related to the binding of guarantees. Through comparison with practices in other countries, this study found that the certainty and efficiency of execution can only be realized through coherent system design, post-execution dispute resolution, and harmonization between legal regimes. This research offers a reconstruction model of the execution of the collateral object that affirms the final character of the execution, strengthens the protection of parties in good faith, and integrates the principles of legal certainty and efficiency as a normative framework. This reconstruction is expected to be a reference for the renewal of the law on the execution of material guarantees in Indonesia
The Role of Constitutional Law in the Development of A Democratic System of Government and Social Justice in Indonesia Diana Fitria Ayuningtyas; Rusdianto Rusdianto; Fry Anditya Rahayu Putri Rusadi
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1851

Abstract

This study aims to analyze the role of constitutional law in building a democratic system of government and realizing social justice in Indonesia. This study uses a descriptive qualitative approach with a literature study method as a data collection technique. The data obtained are analyzed through three stages, namely data reduction, data presentation, and drawing conclusions. The focus of this study is to understand how the constitution as the basic law of the state functions to guarantee the principles of democracy and ensure the creation of equitable welfare for the entire community. The results of the study indicate that constitutional law has a crucial role in forming a democratic system of government through the principles of popular sovereignty, separation of powers, supremacy of law, and protection of human rights. The checks and balances mechanism regulated in the constitution is an important instrument in preventing abuse of power and ensuring accountability in state governance. In addition, social justice as a constitutional mandate is realized through policies that are inclusive and oriented towards the welfare of the community, especially for vulnerable groups. However, there are still challenges in the implementation of constitutional law, such as weak law enforcement, social inequality, and corrupt practices that hinder the achievement of substantial democracy and equitable social justice. Thus, efforts to improve through institutional reform, increased transparency, and public participation in policy making are important steps in strengthening the role of constitutional law in Indonesia.
Platform Liability as a Personal Data Controller for The Processing of Emergency Contact Data in Fintech Lending Agreements (A Study on The Kredit Pintar Platform) Raka Haikal Anfasya; Andriyanto Adhi Nugroho; Iwan Erar Joesoef
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1856

Abstract

The development of financial technology lending (fintech lending) drives service providers to collect and process users' personal data, including the personal data of emergency contacts as part of loan application requirements. In practice, the processing of emergency contact personal data is conducted based on standard clauses that require users to state that they have obtained consent from the party registered as an emergency contact and transfer certain liabilities to the user. This condition raises issues regarding the validity of personal data processing and the platform's liability as a Personal Data Controller under Law Number 27 of 2022 concerning Personal Data Protection. This research aims to analyze the validity of the processing of emergency contact personal data in the fintech lending agreement of the Kredit Pintar Platform based on Law Number 27 of 2022 concerning Personal Data Protection and to analyze the platform's liability as a Personal Data Controller for the processing of emergency contact personal data. This research utilizes a normative legal research method with a statute approach, a conceptual approach, and a contract study approach. Legal materials were obtained through a literature study and analyzed qualitatively using a prescriptive method. The results of the research indicate that the validity of processing emergency contact personal data is insufficient if it is merely based on the user's statement of having obtained consent from the emergency contact, but must satisfy a lawful basis for processing as well as the principles of personal data protection as regulated in the Personal Data Protection Law. Furthermore, the platform as a Personal Data Controller retains legal liability for the processing of emergency contact personal data; thus, clauses transferring liability to the user do not eliminate the platform's legal obligations to protect the rights of the Personal Data Subject.
Criminal Sanctions of Unregistered Marriage under Article 402 of Law No. 1 of 2023: Perspectives from Islamic Law and Human Rights Awwaliyatul Ilmi; Fathullah Rusly; Abd. Hannan
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1857

Abstract

Nikah siri (unregistered marriage) is a marriage that fulfills the essential elements and conditions required by Islamic law but is not registered with the competent authority as required by statutory regulations. The enactment of Article 402 of Law Number 1 of 2023 concerning the Criminal Code has generated debate due to the introduction of criminal sanctions related to marriage registration. This study analyzes the criminal sanctions under Article 402 and examines their compatibility with Islamic law and human rights principles. Employing normative legal research with statutory, conceptual, and comparative approaches, the study relies on primary, secondary, and tertiary legal materials analyzed through a descriptive-analytical method. The findings show that the criminal sanctions represent a criminalization policy intended to ensure legal certainty, orderly marriage administration, and the protection of women and children. From the perspective of Islamic law, nikah siri remains religiously valid because it fulfills the essential elements and conditions of marriage, while marriage registration serves as a maslahah instrument consistent with the objectives of Maqasid al-Sharia, particularly the protection of lineage, honor, and property. From a human rights perspective, the regulation is acceptable insofar as its implementation complies with the principles of legality, proportionality, freedom of religion, and the right to form a family. Therefore, Article 402 should be enforced proportionately to balance legal certainty, justice, public interest, and human rights protection

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