cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Maulida Agustina
Contact Email
civilizapub@gmail.com
Phone
+6285235594596
Journal Mail Official
civilizapub@gmail.com
Editorial Address
Jln. Nori 14A Beduri, Ponorogo, Jawa Timur
Location
Unknown,
Unknown
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
 17   18   19   20   21 
Regulations on Reusing Phone Numbers in Indonesia and the European Union Nazzarina Saharani; Adfiyanti Adfiyanti; Rahmia Rachman
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1859

Abstract

The practice of reusing (recycling) expired mobile phone numbers is an administrative necessity for the sake of limited numbering efficiency. However, in the digital ecosystem, this phenomenon poses a residual data risk that threatens constitutional privacy rights because new numbers are often still linked to the old owner's bank accounts and social media. This study aims to analyze the legal construction of phone number reuse from the perspective of personal data protection and to formulate the form of legal accountability of telecom providers for the damages caused. The research used a normative juridical method with a statute approach, a conceptual approach, and a comparative approach. The study found a conflict between Minister of Communication and Informatics Regulation No. 14 of 2018, which focuses on numbering efficiency, and Law No. 27 of 2022 on Personal Data Protection (PDP Law). Telecom operators, as Data Controllers, have a legal responsibility to apply the right to erasure before giving out phone numbers again. If they don't make sure a number is 'clean,' they can be sued in civil court for breach of contract (Article 1239 of the Civil Code) or for unlawful acts (Article 1365 Civil Code in conjunction with Article 12 of the PDP Law). This study recommends reconstructing sectoral regulations by adopting the Privacy by Design principle through providing interconnection clearing Application Programming Interface (API) infrastructure across platforms to ensure legal certainty and consumer protection.
Synchronization Between Election Campaign Regulations and University Autonomy Rules Nabilah Qonita Maharani; Imran Imran; Mohammad Safrin
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1866

Abstract

The Constitutional Court's decision that allows election campaigning in academic settings sparks an existential dilemma for educational institutions, where the line between maintaining political neutrality and upholding campus autonomy becomes blurry, leading to legal uncertainty. This normative legal research aims to analyze the synchronization of election campaign regulations with university autonomy, as well as to examine the implementation and impact of enforcing neutrality rules. Using Hans Kelsen's Stufenbau Theory and Lawrence Friedman's Legal Effectiveness Theory, this study looks into the tension between the norms of Law No. 7 of 2017 on Elections and Law No. 12 of 2012 on Higher Education. Research results show that there is horizontal antinomy at the law level, which triggers legal dualism. Although the Constitutional Court Decision No. 69/PUU-XXII/2024 has mitigated this tension through conditional campaigns with the Rector's permission, vertical misalignment still occurs in KPU Regulations that contain complicated administrative restrictions, making them materially flawed (lex superior derogat legi inferiori). On the other hand, a total ban on campaigning through college statutes is seen as hierarchical disobedience (normative disobedience). From a legal effectiveness perspective, enforcing neutrality has not been effective and is subordinate due to gaps in the law (leemten in het recht) in the legal substance, overlapping authority between Bawaslu, BKN, and the Rectorate in the legal structure, and the emergence of a chilling effect and self-censorship in the academic community’s legal culture, which will threaten the campus as a laboratory of democracy.
Protection of Baby Shamans as Non-Medical Health Workers Reviewed from the Job Creation Law Anita Fitria
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1868

Abstract

Law Number 36 of 2014 concerning Health Workers stipulates that health workers must have formal education, competence, registration, and practice licenses. This provision causes baby shamans to not be recognized as official health workers, even though they still play a role in public health services based on local wisdom. This study aims to analyze the legal protection of baby shamans as non-medical health workers reviewed from the Job Creation Law. The research uses a qualitative method with a juridical sociological approach through interviews, observations, and documentation studies. The results of the study show that the legal position of baby shamans is still weak juridically, but strong sociologically. Legal protection from the perspective of the Job Creation Law is still normative and not optimal because it has not been supported by technical regulations that regulate legality, work safety, competence, welfare, and partnerships comprehensively. Its implementation also faces regulatory constraints, institutions, policy implementation, socio-cultural, economic, and limited access to information. Therefore, harmonization is needed through the recognition of local wisdom, strengthening partnerships with health workers, drafting more responsive regulations, and sustainable coaching. This study concludes that legal protection for baby shamans is still not optimal, so a more specific, integrated, and sustainable policy is needed.
Constitutional Law Accountability for the Forgery of Public Officials' Documents Ibrohim Ibrohim
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1874

Abstract

The authenticity of documents submitted by public officials constitutes a fundamental element of constitutional governance, administrative legitimacy, and the rule of law. In a democratic legal system, official documents serve not merely as administrative requirements but also as instruments that establish public trust and validate the constitutional authority exercised by state officials. The emergence of allegations involving forged educational or identity documents has raised significant constitutional and administrative concerns, as such misconduct extends beyond criminal liability and directly affects the legitimacy of public office and democratic governance. This study aims to examine the forms of constitutional law accountability applicable to public officials involved in document forgery and to analyze the existing mechanisms for administrative verification and legal responsibility within the Indonesian constitutional framework. The research employs a normative legal method using statutory, conceptual, and case approaches. Primary legal materials consist of the 1945 Constitution of the Republic of Indonesia, Law Number 30 of 2014 concerning Government Administration, Law Number 7 of 2017 concerning General Elections, the Indonesian Criminal Code, and relevant electoral regulations, which are examined through qualitative legal analysis using grammatical, systematic, and teleological interpretation. The findings indicate that constitutional accountability may be implemented through three principal mechanisms: administrative sanctions, the revocation or annulment of administrative decisions based on the contrarius actus principle, and judicial review before the State Administrative Court (Pengadilan Tata Usaha Negara). Nevertheless, the absence of an integrated verification system among state institutions creates legal uncertainty and weakens preventive oversight. This study concludes that strengthening institutional coordination, enhancing the authority of electoral and supervisory bodies, and integrating public administrative databases are essential to ensuring the authenticity of official documents and reinforcing constitutional accountability, legal certainty, and public confidence in state institutions.
Defense Against Violence Directed at a Third Party: A Comparative Study of Islamic Criminal Law and Indonesian Criminal Law Holik Holik; Abu Yazid Adnan Quthny; 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.1876

Abstract

Defense of a third party is an act carried out by an individual to protect another person from unlawful attacks or threats. In practice, such actions often create legal dilemmas because they may fulfill the elements of a criminal offense despite being intended to protect victims. This study aims to analyze the concept of third-party defense in Indonesian criminal law and Islamic criminal law, identify their similarities and differences, and examine their implications for law enforcement in Indonesia. This research employs a normative juridical method with statutory, conceptual, and comparative approaches. Data were collected through library research involving legislation, legal literature, scientific journals, and Islamic legal sources such as the Qur’an, Hadith, and scholars’ opinions. The findings indicate that Indonesian criminal law recognizes defense of others through the concept of noodweer, emphasizing objective elements such as unlawful attacks, necessity, and proportionality. Islamic criminal law recognizes third-party defense through the principles of hifz al-nafs and maqashid al-syari’ah by considering intention, public benefit, and prevention of harm. The similarity lies in the recognition of the right to defend others, while the difference lies in their philosophical foundations and assessment parameters. This study contributes a conceptual framework for third-party defense that integrates legal certainty, justice, and social benefit.
Obstacles to Law Enforcement Against Trademark Infringement in E-Commerce Transactions: A Study of the Effectiveness of Law Number 20 of 2016 concerning Trademarks and Geographical Indications Eko Bambang Rahmono; Edy Mulyanto; Desi Ratnasari
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1902

Abstract

This study examines the challenges of enforcing trademark law in Indonesia amid the rapid growth of e-commerce. Trademark infringement in digital transactions not only causes economic losses for brand owners but also exposes limitations in the effectiveness of Law Number 20 of 2016 concerning Trademarks and Geographical Indications. Using a normative juridical method with legislative, conceptual, and case approaches, the research analyzes primary legal materials (laws and court decisions), supported by secondary and tertiary sources. Data are analyzed qualitatively through reduction, presentation, and conclusion drawing. The findings reveal several key obstacles. First, technical barriers include limited infrastructure and inadequate digital forensic capabilities to detect and prove online violations. Second, capacity constraints arise from the insufficient understanding of law enforcement officials regarding technology-based infringement models. Third, jurisdictional complexities and cross-border trade present significant challenges, as e-commerce transactions often involve multiple legal systems, leading to conflicts of jurisdiction. The study concludes that the effectiveness of Law Number 20 of 2016 remains limited in addressing trademark protection in the digital era. To improve enforcement, it recommends strengthening derivative regulations, enhancing the technical and legal capacity of law enforcement agencies, and fostering international cooperation to address cross-border legal issues. These measures are essential to ensure more effective trademark protection in Indonesia’s evolving digital economy.
The Judge's Authority in Issuing Rehabilitation Decisions for Narcotics Abuse is Reviewed Based on Law No.35 of 2009 Eka Kurniawatie
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1905

Abstract

The authority of judges to impose rehabilitation decisions for narcotics abusers constitutes a crucial component of a justice system oriented toward protection and recovery. Under Law Number 35 of 2009 on Narcotics, particularly Articles 54, 103, and 127, judges are empowered to order medical and/or social rehabilitation for addicts and victims of abuse. This framework reflects a shift from a purely punitive approach to one that emphasizes therapeutic and restorative justice. This study analyzes the legal basis of such authority and finds that judicial discretion is applied within clear normative limits. Decisions must be supported by integrated assessment results, evidence that the defendant is an abuser or addict, and confirmation of non-involvement in illicit trafficking networks. In practice, judges consider juridical, sociological, and psychological factors when determining whether rehabilitation or imprisonment is appropriate. The findings highlight that rehabilitation decisions play a strategic role in achieving the broader objectives of criminal law, including recovery, prevention, and reduction of recidivism. Judges act as key actors in balancing legal certainty, utility, and justice. Effective implementation requires consistent application of legal norms, strong inter-agency coordination, and robust assessment mechanisms. Ultimately, rehabilitation serves not only as a legal instrument but also as a means of protecting human rights and facilitating the social reintegration of offenders.
Reconstruction of Electronic Deed Regulations Based on Legal Certainty and Justice in the Indonesian Notary System Marsella Marsella; Rafiqi Rafiqi
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1914

Abstract

The transformation of information technology has driven the digitalization of notarial services, including the growing use of electronic deeds in various legal transactions. However, the regulation of electronic deeds in Indonesia still raises legal certainty issues due to the lack of integration of provisions in the Notary Law with the Electronic Information and Transactions Law. This study aims to examine the regulation of electronic deeds, assess their evidentiary strength, and formulate a regulatory reconstruction model based on legal certainty and justice. The study uses normative legal methods with a statutory, conceptual, and case approach, through a qualitative analysis of primary, secondary, and tertiary legal materials. The results of the study indicate that the regulation of electronic deeds is still scattered and does not clearly regulate the form, procedures for making, and the status of evidence. Therefore, regulatory harmonization, explicit recognition of electronic deeds as authentic deeds under certain conditions, implementation of digital security standards, and affirmation of notary responsibilities are needed to create legal protection and justice for the parties.
Bribery and Justice in Exodus 23:1–9: Implications for Anti-Corruption Frameworks in Indonesia Sukanto Limbong; Daniel Razsekar Panjaitan
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1930

Abstract

This article examines the prohibition of bribery and the mandate for impartial justice in Exodus 23:1–9, exploring its theological-ethical foundations and implications for anti-corruption frameworks in Indonesia. Employing literary-rhetorical analysis and contextual hermeneutics, the study investigates the pericope's chiastic structure, legal setting, and Hebrew terminology—particularly šōḥad (bribe) and ṣedeq (justice). The findings demonstrate that the text reframes bribery not as a procedural violation but as a theological offense that distorts judicial perception, subverts righteousness, and fractures communal integrity. Uniquely, the injunction is anchored in Israel's collective memory of Egyptian oppression (v. 9), grounding justice in empathetic solidarity—a dimension largely absent from modern anti-corruption discourse. The article contends that Exodus 23:1–9 offers a robust ethical paradigm for reinvigorating anti-corruption efforts in Indonesia, providing moral resources for reinforcing judicial integrity, protecting the vulnerable, and fostering ethical formation among public officials. By bridging biblical ethics with contemporary governance challenges, this study demonstrates that the ancient text's vision of justice—rooted in impartiality, compassion, and collective memory—constitutes a transformative framework for addressing systemic corruption in Indonesia's judicial institutions.
Legal Politics Of The Constitutional Court Decision Number 22/Puu-XV/2017 Concerning The Minimum Age Limit For Marriage Khoirul Anwar; Dhyan Andika Irawan; Ahmad Rifai; Sofyetin Atiana
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1942

Abstract

This research reviews 2 problem formulations, First, how is the history of the regulation of the minimum age limit for marriage before the Constitutional Court Decision No. 22 / PUU- XV / 2017? Second, how is the legal policy of the minimum age limit for marriage after the Constitutional Court Decision No. 22 / PUU- XV / 2017? To be able to review the case, this research procedure is used with a normative legal study that uses a historical approach and laws, where the data sources used are secondary information sources. Based on the research and reviews conducted, the following results were obtained: Initially, the history of setting minimum marriage age limits in Indonesia began before the Dutch colonial era. At that time, the applicable marriage law was based on each individual's religious law. Later, during the Dutch occupation, ethnicity-based classifications were implemented, with each group having its own specific rules. During the Old Order, Law No. 22 of 1946 concerning Marriage Registration, Divorce, and Reconciliation (hereinafter referred to as NTR) was enacted. During the New Order, Law No. 1 of 1974 concerning Marriage was enacted, followed by its first revision during the reform era, Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage. Second, the political will of the state government is a determining factor in the direction of the law, including the determination of minimum marriage age limits.

Page 19 of 21 | Total Record : 202

 17   18   19   20   21 

Filter by Year

2023 2026


Reset
Filter By Issues
All Issue Vol. 4 No. 2 (2026) Vol. 4 No. 1 (2026) Vol. 3 No. 2 (2025) Vol. 3 No. 1 (2025) Vol. 2 No. 2 (2024) Vol. 2 No. 1 (2024) Vol. 1 No. 2 (2023) Vol. 1 No. 1 (2023)