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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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Political Reality in Indonesia from the Perspective of Vilfredo Pareto Muhammad Sifa Fauzi Yulianis; Widia Ari Susanti
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1950

Abstract

According to Wilfredo Pareto, a sociologist, history demonstrates a continuous circulation of elites. This circulation occurs through two processes: the movement of individuals from lower social strata to higher social strata, and the replacement of governing elites by previously non-governing elites. When an elite group enters a position of political power, another elite group must leave that position. However, social theories such as Pareto’s elite circulation theory often encounter contradictions when confronted with empirical realities. The same situation occurs with Wilfredo Pareto’s theory of elite circulation when it is examined within the context of political reality in Indonesia. Empirical evidence indicates that political parties in Indonesia have not experienced effective elite circulation; instead, they tend to demonstrate practices of dynastic politics. This phenomenon can be observed during general elections and regional elections, where political candidates often consist of the same individuals or groups repeatedly. This study aims to examine Wilfredo Pareto’s elite circulation theory, analyze criticisms from other sociologists regarding Pareto’s theoretical perspective, and investigate how Pareto’s theory applies within Indonesian society. This research employs a library research method, namely research conducted by collecting relevant literature regarding Wilfredo Pareto’s elite circulation theory and subsequently describing and analyzing the collected data. The results indicate that, according to Pareto, political and governmental systems should experience changes, rotation, and movement among elites. Nevertheless, when applied to the Indonesian political context, Pareto’s theory appears to contradict reality. Indonesia demonstrates characteristics of dynastic politics, where individuals who are able to access political leadership and governmental positions are frequently those who possess close relationships with political party leaders. Consequently, political candidates in democratic processes such as elections and regional elections tend to remain unchanged, resulting in limited elite circulation.
Accountability in the Management of Separated State Assets Following the Revision of the State-Owned Enterprises Law: An Analysis of Changes in Danantara's Governance Framework Iwan Ridwan Waluya; Siti Musriah; Alif Nurfuadi; Ksatria Bintang Fortuna; Riski Saputra Hutabarat
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1951

Abstract

The enactment of Law Number 1 of 2025 concerning the Third Amendment to Law Number 19 of 2003 on State-Owned Enterprises established the Daya Anagata Nusantara Investment Management Agency (Danantara), transforming the governance of separated state assets in Indonesia. This study examines the impact of changes in the institutional structure, the expansion of Danantara’s authority, and the supervisory mechanism on the accountability of separated state assets management. Using a normative juridical method with statutory and conceptual approaches, this research analyzes relevant legislation, legal doctrines, and legal literature. The findings indicate that Danantara has shifted the governance model from entity-based management to an integrated investment holding structure, resulting in broader investment authority and a more complex accountability framework. The supervisory mechanism has also evolved from entity-based supervision to group-based supervision, requiring stronger transparency, auditability, traceability, and clearer institutional responsibilities. This study concludes that accountable management of separated state assets depends on a clear allocation of authority, effective supervision, and the consistent implementation of good corporate governance principles.
Business Competition Law Enforcement by the Business Competition Supervisory Commission in Territorial Division Agreements Rommy Hardyansah; Didit Darmawan; Fayola Issalillah; Rafadi Khan Khayru Khayru; Rahayu Mardikaningsih
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1957

Abstract

he Business Competition Supervisory Commission (KPPU) serves as the primary institution responsible for enforcing competition law in Indonesia, established under Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. This study aims to analyze the role of KPPU in exercising its law enforcement function, particularly in handling territorial division agreements among business actors. The research employs a normative juridical approach with analytical descriptive specifications, examining positive legal provisions governing business competition and KPPU's authority under Law Number 5 of 1999, KPPU Regulation Number 1 of 2014, and KPPU Regulation Number 2 of 2023. The findings reveal that KPPU possesses comprehensive authority encompassing investigative, examining, prosecutorial, adjudicative, and consultative functions. In enforcing Article 9 concerning territorial division agreements, KPPU applies the rule of reason approach, requiring concrete evidence and in-depth evaluation of the agreement's impact on competition. Sanctions for violations include administrative measures under Article 47 and criminal penalties under Article 48, with fines ranging from IDR 25 billion to IDR 100 billion or imprisonment substitution for up to six months. KPPU has also introduced an integrity pact mechanism for behavioral change under KPPU Regulation Number 2 of 2023, allowing business actors to voluntarily commit to canceling prohibited agreements and ceasing violative activities. Despite KPPU's extensive enforcement authority, execution of final and binding decisions remains under judicial purview as stipulated in Article 46 paragraph (2), requiring coordination between KPPU and district courts. The study concludes that strengthening institutional capacity, enhancing regulatory clarity in rule of reason application, expanding preventive supervision, and improving coordination with the judiciary are essential for optimizing KPPU's law enforcement function in maintaining fair business competition and protecting consumer welfare in Indonesia.
Legal Construction of Immaterial Compensation for Telecommunication Service Users Due to Violations of Consumer Rights Putri Handayani Nasution
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1961

Abstract

The development of information and communication technology has made telecommunications services a vital necessity in people's lives. The high dependence on telecommunications services requires providers to ensure the availability of quality, safe, continuous services that comply with consumer rights. However, in practice, telecommunications service users still have the potential to experience losses due to service disruptions, system failures, misuse of personal data, information leaks, or disproportionate service terminations. These losses are not only material but can also include immaterial losses, such as discomfort, anxiety, loss of security, disruption of privacy, and psychological stress. This study aims to analyze the legal construction of providing compensation for immaterial losses to telecommunications service users due to violations of consumer rights. This study uses a normative juridical method with a statutory and conceptual approach. The results show that the legal liability of telecommunications service providers can be constructed through an integration of consumer protection law, civil law, telecommunications law, and personal data protection. However, there are no comprehensive parameters regarding the proof and assessment of immaterial losses. Therefore, it is necessary to strengthen the legal construction oriented towards the restoration of rights, legal certainty, and substantive justice for consumers
Legal Aspects of Refunding Excess Tax Payments to Consumers Azwir Agus
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1963

Abstract

Consumption tax plays a strategic role as a source of state revenue that supports development financing and the implementation of government functions. In its implementation, there is a possibility of tax payments exceeding the amount due due to administrative errors, miscalculations, changes or cancellations of transactions, and corrections to the tax base. Legal issues arise when consumers, as the parties who economically bear the tax burden, do not have a transparent, easily accessible, and certain refund mechanism. This study aims to examine the regulations and mechanisms for refunding excess tax payments to consumers from the perspective of legal certainty and fiscal justice. This study uses a normative legal research method with a statutory and conceptual approach. The results show that the refund mechanism tends to focus on those who are formally recognized as taxpayers or those who make payments. This situation has the potential to create an imbalance between the formal recipients of refunds and those who actually bear the tax burden. Therefore, strengthening verification mechanisms, transparency, and proportional refunds is necessary to protect consumer rights and achieve fiscal justice.
Students’ Legal Awareness of Personal Data Protection at AMIK Bukittinggi Roslaili Roslaili
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1969

Abstract

The development of digital technology in higher education institutions has increased the use of academic information systems while also raising the risk of misuse of students’ personal data; therefore, legal awareness is needed to support the implementation of Law No. 27 of 2022 on Personal Data Protection. This study aims to analyze the level of students’ legal awareness regarding personal data protection at AMIK Bukittinggi. The study employed a quantitative approach with a descriptive design involving 76 students selected through total sampling. Data were collected using a Likert-scale questionnaire that measured four dimensions of legal awareness: knowledge, understanding, attitude, and legal behavior. The instrument was found to be valid and highly reliable (Cronbach’s Alpha = 0.894), while data analysis was conducted using descriptive statistics. The results indicate that students’ level of legal awareness falls into the high category with an average score of 76.76; 75.00% of respondents fell into the high and very high categories. All dimensions of legal awareness also fell into the high category, with the legal behavior dimension achieving the highest average score, while the legal attitude dimension had the lowest average score. These findings suggest that students possess a good level of legal awareness regarding the protection of personal data. This study provides an empirical contribution to the development of research on legal awareness and serves as a foundation for universities to strengthen policies and digital legal literacy programs to support the implementation of personal data protection.
From Party Autonomy to Algorithmic Autonomy: Reconstructing the Principle of Freedom of Contract in Artificial Intelligence-Generated Contracts Chandera Halim
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1971

Abstract

The increasing use of artificial intelligence in drafting, reviewing, and negotiating contracts challenges the traditional conception of freedom of contract, which is founded on the autonomous will, informed consent, and equal bargaining position of the contracting parties. This study examines whether contracts generated or substantially shaped by artificial intelligence can still be regarded as genuine expressions of party autonomy and seeks to reconstruct the principle of freedom of contract in response to the emergence of algorithmic autonomy. The research employs a normative legal method using statutory, conceptual, and comparative approaches, supported by an analysis of contract law doctrines, electronic transaction regulations, and contemporary principles of artificial intelligence governance. The study finds that an artificial intelligence-generated contract may remain legally valid when the system functions merely as an instrument acting within parameters determined by legally competent parties. Nevertheless, formal consent alone is insufficient to demonstrate genuine contractual freedom when parties do not understand the operation of the artificial intelligence system, the origin of the generated clauses, or the legal risks arising from algorithmic errors, bias, and unequal technological capacity. The study proposes a reconstructed model of freedom of contract based on meaningful human control, informed algorithmic consent, transparency regarding the use of artificial intelligence, the ability to review and modify generated clauses, and clear attribution of responsibility for technological errors. It concludes that algorithmic autonomy should not replace party autonomy but must remain subordinate to human intention, fairness, accountability, and the protection of contracting parties.
Efforts to Prevent Marine Plastic Waste Based on Local Regulations and Participation of Coastal Communities in Semarang City Novia Mungawanah
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1976

Abstract

Marine plastic waste pollution is an increasingly urgent environmental problem in Semarang City, characterized by the increasing accumulation of plastic in coastal areas and marine waters which has an impact on ecosystem degradation, decline in the quality of fishery resources, and socio-economic vulnerability of fishing communities. This condition is triggered by high industrial and coastal economic activity, population density, and weak source-based waste management and low involvement of coastal communities. The urgency of preventing marine plastic waste requires a legal approach that not only focuses on regulations, but also on strengthening community participation as the main actor in coastal areas. This study aims to analyze the adequacy of local regulations in Semarang City in preventing marine plastic waste and formulate a prevention model based on regulations and participation of coastal communities. The research method used is normative juridical with legislative, conceptual, and policy approaches. Legal materials include laws and regulations in the field of waste management and the environment as well as relevant scientific literature. The results of the study show that regional regulations in Semarang City have not been specifically and integrated to regulate the prevention of marine plastic waste, and have not optimally accommodated the strategic role of coastal communities. This study concludes that the prevention of marine plastic waste needs to be directed at the harmonization of regional regulations, strengthening local institutions, and increasing the participation of coastal communities through community-based education, incentives, and supervision to realize sustainable and environmentally fair management of marine plastic waste.
Disclosure of Bank Product Information and the Principle of Bank Secrecy: A Legal Analysis of Customer Protection in Indonesia Alvin Hamzah Nasution; Sugih Ayu Pratitis
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1983

Abstract

This study examines the legal issues between the obligation to transparency in banking products and the protection of customer confidentiality in the Indonesian legal system. Information disclosure is necessary to guarantee consumers' rights to obtain adequate explanations regarding the benefits, costs, and risks of bank products, while bank confidentiality serves to maintain the security of customer data. Using a normative juridical method through statutory, conceptual, and case approaches, this study is analyzed using the theories of justice, legal certainty, and consumer protection. The results of the study indicate that regulations regarding transparency in banking products are available in the Banking Law and OJK regulations, but their implementation has not fully placed customers on an equal footing with banks. The main obstacles lie in differences in public understanding and the lack of uniform standards for conveying product information. Therefore, regulatory harmonization, strengthening of market behavior supervision by the OJK, and the development of simpler information standards are needed to improve customer protection and public trust in the banking sector.
Non-Conviction Based Asset Forfeiture (NCBAF) as an Asset Recovery Instrument in Indonesia: Juridical Analysis and Justice Perspective Wahyudi Wahyudi; Muhammad Islahuddin
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1991

Abstract

The confiscation of assets resulting from criminal acts is an important instrument in supporting the eradication of crime oriented to economic profit. This research focuses on a juridical analysis of the Non-Conviction Based Asset Forfeiture (NCBAF) mechanism as an instrument of asset forfeiture without a criminal verdict and its relevance in realizing justice in the Indonesian legal system. The purpose of the study is to analyze the legal basis, implementation mechanism, and potential of NCBAF in supporting the effectiveness of asset recovery. This research uses normative legal methods with laws and regulations, conceptual, and case approaches. Data were obtained through literature studies on primary, secondary, and tertiary legal materials, then analyzed qualitatively by descriptive-analytical methods. The results show that NCBAF has a normative foundation in UNCAC, UNTOC, and FATF recommendations, but has not been comprehensively regulated in the Indonesian legal system. The implications of the study confirm the need for special regulations regarding NCBAF to strengthen the effectiveness of asset recovery while ensuring legal certainty, protection of property rights, and the principle of due process of law.

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