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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 100 Documents
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Legal Construction of Sting Operations in the Emptiness of Criminal Procedure Norms Sholihin, Ahmad; Cibro, Hamdani
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.1188

Abstract

Hand-caught Operations (OTT) are a law enforcement practice frequently used to eradicate corruption, but their implementation has generated legal debate because they are not explicitly regulated in criminal procedural law. This study aims to analyze the legal construction of Hand-caught Operations in the absence of criminal procedural law norms and to assess their compliance with the principle of due process of law. The research method used is normative legal research with a statutory and conceptual approach. Legal materials are analyzed qualitatively through a review of criminal procedural law provisions, laws and regulations related to corruption eradication, and relevant legal doctrines. The results show that Hand-caught Operations are legally constructed through a broad interpretation of the concept of being caught red-handed, rather than based on firm procedural regulations. This condition creates legal uncertainty and has the potential to weaken the guarantee of protection of the suspect's rights. The study's conclusion confirms that although Hand-caught Operations have been effective in law enforcement practices, their sustainability requires clear procedural regulations to ensure legal certainty, justice, and the protection of human rights in the criminal justice system
Settlement of Motorcycle Traffic Accidents by Children Causing Death Pratama, Alfin Daniel; Prawesthi, Wahyu; Astutik, M. Sri
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.1189

Abstract

This study aims to analyse the forms of legal liability applicable to minors who operate motorcycles and cause fatalities in traffic accidents, as well as to examine the possibility of legal action against their parents. The phenomenon of underage individuals driving on public roads raises serious legal and social concerns, as it not only endangers traffic safety but also generates questions regarding the appropriate legal subject to be held responsible when accidents occur. This research employs an empirical legal research method, which relies on real-world data obtained through interviews, observations, and document analysis to examine how the law is applied in practice. The findings indicate that within the juvenile criminal justice system, legal accountability must prioritise the best interests of the child, respect for the child’s views, and the application of restorative justice through diversion mechanisms. Case resolution is directed toward reconciliation between the victim and the child offender, avoiding deprivation of liberty, and fostering a sense of responsibility in the child. Furthermore, the study identifies the potential for parental liability where parents are proven to have provided opportunities, means, or assistance that facilitated the commission of the criminal act, as stipulated in Articles 56 and 57 of the Indonesian Criminal Code. Accordingly, this study underscores the importance of fair law enforcement that remains oriented toward child protection, while also recognising parents as parties who may bear legal responsibility under certain conditions.
Misleading Promotion as an Unlawful Act: An Analysis of Article 1365 of the Civil Code Agus, Azwir
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.1194

Abstract

Promotional practices are an important instrument in trade and marketing activities. However, in practice, many businesses engage in misleading promotions, which can be detrimental to consumers. Misleading promotions can include information that is incorrect, incomplete, or creates a false perception of the goods or services being offered. This paper aims to analyze misleading promotions as an unlawful act based on Article 1365 of the Civil Code (KUHPerdata). The research method used is normative legal research with a statutory and conceptual approach. The results show that misleading promotions fulfill the elements of an unlawful act, namely the existence of an act, the act is unlawful, there is an error, the occurrence of a loss, and a causal relationship between the act and the loss. Thus, businesses can be held civilly liable for losses experienced by consumers due to misleading promotions.
Recognition and Restrictions on Minangkabau Customary Marriage Law in Overseas Practice Fatih, Naufal Rakan; Rahmah, Nasywa Fauziyah; Valery, Chika Putri; Witaloka, Petrika Buwana
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.1195

Abstract

Minangkabau traditional marriage is a social system and customary law that regulates marital relations within the framework of matrilineal kinship. In the context of overseas communities, these customary practices face dynamics due to encounters with other cultures and the application of national law. This study aims to analyze the applicability of Minangkabau customary marriage law to the Nagari Padang Laweh community living in Tangerang by making Law Number 1 of 1974 concerning Marriage as the main legal basis. This study uses an empirical method with a sociological juridical approach, through the collection of field data from members of the Tangerang Padang Laweh Association (IKPL) and analysis of the marriage practices carried out. The results of the study show that Minangkabau marriage customs are still applied consistently if marriage is carried out among the Minangkabau tribe, especially in terms of marriage and the dominant role of the family of the woman. However, in intertribal marriages, the application of the custom tends to be abandoned and replaced by procedures that follow local customs or national laws. Based on Article 66 of the Marriage Law, customary law is still recognized as long as it does not conflict with the law and is still practiced by the community. Thus, this study concludes that the applicability of Minangkabau customary marriage law is conditional and is greatly influenced by the social context of overseas communities.
Eradicating Criminal Acts of Corruption through the Follow the Asset Approach: A Conceptual Analysis from a Criminal Law Perspective Hutagalung, Argo Johnnes Parlinggoman; Suhaidi, Suhaidi
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.1196

Abstract

Corruption is an extraordinary crime that has a broad impact on the national economy, governance, and public trust. Efforts to eradicate corruption have tended to focus on the perpetrator (follow the suspect), thus suboptimally recovering state financial losses. One emerging approach is "follow the asset," a law enforcement strategy that emphasizes tracking, confiscating, and seizing assets resulting from corruption. This article aims to conceptually analyze the "follow the asset" approach from a criminal law perspective and its relevance to eradicating corruption in Indonesia. The research method used is normative legal research with a conceptual and statutory approach. The results indicate that the "follow the asset" approach plays a strategic role in creating a deterrent effect, recovering state losses, and strengthening the objectives of criminal punishment. However, its implementation still faces normative and implementation obstacles, particularly regarding evidence, inter-institutional coordination, and the asset confiscation regime.
Civil Liability for the Practice of Closing Brand Labels on Hijab Fashion Products Based on Law Number 20 of 2016 concerning Trademarks Maspiah, Siti; Anjala, Iffah Nazliya; Wulandari, Niken Ayu; Natania, Nazwa
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.1199

Abstract

The practice of closing brand labels or cutting labels on hijab fashion products is a form of using brands without rights that is still found in trade activities. This action is carried out by removing or closing the original brand label and recirculating the product without the consent of the registered trademark owner, thus potentially causing losses to the trademark rights holder. This study aims to analyze civil liability for perpetrators of the practice of closing brand labels based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications. The research method used is normative legal research with a legislative approach and a conceptual approach, especially the provisions of Article 83 paragraph (1) of the Trademark Law. The results of the study show that the practice of label cutting is an act that violates the exclusive rights of the brand owner and causes losses both materially and immaterially. Based on the provisions of Article 83 of the Trademark Law, the trademark owner has the right to demand compensation and request the termination of all acts related to the trademark infringement. The conclusion of the study confirms that civil liability has an important role in providing effective legal protection for brand owners as well as maintaining legal certainty and justice in the trade of hijab fashion products.
Restorative Justice Model in the Resolution of Criminal Acts Based on Customary Law and Local Culture Marzuki, Ismail; Bulqis, Malikal; Putri, Dita Dwi Angela; Nadayah, Natasatun
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.1212

Abstract

The customary-based restorative justice model is an alternative to criminal justice that emphasizes the restoration of social relations, community involvement, and respect for local wisdom. Amidst the inefficiency of the national criminal justice system, that is often repressive, customary resolution mechanisms that exist in communities such as Baduy, Dayak, and Kei demonstrate principles of restorative justice that are similar to the international concept as formulated by Howard Zehr and the principles of the United Nations. This study aims to formulate an ideal model of customary-based criminal justice, while also examining its potential contribution to the reform of the national legal system. The method used is descriptive-analytical by a normative juridical approach, combining literature study, customary law review, and theoretical analysis of the principles of restorative justice. The results of the study show that there is substantial similarity among customary law and modern restorative justice, such as deliberative consensus, acknowledgment of wrongdoing, and restoration of victims' losses. However, the integration of customary models into the national legal system faces serious challenges, including disparities among communities, the risk of human rights violations, and resistance by formal legal institutions. Therefore, the ideal model formulated includes the principle of justice, deliberation-based procedural stages, classification of cases that can be resolved through customary law, and normative oversight mechanisms to ensure accountability. The conclusion of this study confirms that the application of customary models can handle the reform of the national criminal justice system by reducing the caseload, increasing community participation, and preserving local legal culture. The main recommendation is the need for national regulations that accommodate legal pluralism in a fair and contextual manner.
Summons of Registered Letters in Civil Procedure Law of Religious Courts: A Study of Legal Certainty and Substantive Justice Theory in the Perspective of Islamic Studies Hariyadi, Luqman; Sumbulah, Umi; Sugiyar, Sugiyar
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.1236

Abstract

This article examines summons by registered mail in civil cases before Indonesia’s Religious Courts as a critical intersection between legal certainty, legal protection, and substantive justice from an Islamic Studies perspective. The issue is crucial because summons determine whether a party’s right to know, to appear, and to be heard is effectively secured. At the same time, judicial digitalisation and cooperation with the national postal service (PT Pos Indonesia) have significantly altered the traditional bailiff-based model. The aims of this study are: (1) to describe the normative configuration and practical implementation of registered-mail summons in the Religious Courts; (2) to assess them through the Theory of Legal Certainty and Philipus M. Hadjon’s Theory of Legal Protection; and (3) to interpret their implications for substantive justice in Islamic Studies. This research employs a qualitative, normative-juridical Design, combined with an Islamic Studies approach, based on library research, statutory, conceptual, and case approaches, and using content, discourse, and interpretive analysis. The findings indicate that registered-mail summons enhances procedural certainty but does not fully guarantee legal protection or substantive justice due to problems with identity, addresses, postal SOPs, and the cost burden of summons. The article argues for a reconstructed susummoDesigning with maligned aqāṣid al-sharī'ah and the principles of simple, swift, and low-cost justice.
Effectiveness of the Implementation of the Law on Sexual Violence Crimes and Government Regulation Number 30 of 2025 on Legal Protection for Child Victims of Sexual Violence Purba, Dhea Aulia Malem; Kalingga, Qori Rizqiah H; Tarigan, Evi Yunita
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.1237

Abstract

Children are legal subjects who have the right to protection from all forms of violence, including sexual violence. The state is obliged to guarantee this protection through the formation and implementation of laws and regulations oriented towards the best interests of children. Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence (TPKS Law), which is reinforced by Government Regulation Number 30 of 2025 as an implementing regulation, is present to provide comprehensive legal protection for child victims of sexual violence. This regulation comprehensively regulates the rights of victims, including procedural rights in the judicial process, the right to protection from degrading or blaming treatment, and the right to recovery through medical, psychological, and social rehabilitation, social empowerment, and the fulfillment of economic rights in the form of restitution, compensation, and victim assistance funds. This study aims to analyze the forms of legal protection for child victims of sexual violence from the perspective of the TPKS Law and Government Regulation Number 30 of 2025. The research method used is normative legal research with a legislative and conceptual approach. The research results show that although the regulatory framework is adequately available, its implementation still faces various challenges, particularly related to the low level of understanding of the authorities and the public regarding the victim's perspective.
Legal Protection of the Status and Rights of Biological Children (Case Study of Determination Number 114/Pdt.P/2025/Pa.Bi) Khairunnisa, Salsabila; Harahap, Burhanudin; Aldyan, Arsyad
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1245

Abstract

This study aims to analyze the legal protection of the status and rights of biological children according to Islamic law and the Child Protection Law, especially in assessing the suitability of the judge's legal considerations in Determination Number 114/Pdt.P/2025/PA. Bi to the principles of child justice and the fulfillment of civil rights without burdening children due to parental errors. The method used is normative juridical by examining Islamic legal norms through sharia maqasid and national laws and regulations, through literature studies on primary legal materials in the form of court decisions and secondary, analyzed qualitatively with normative interpretation. The results of the study show that Islamic law places biological children as a divine mandate that is protected by nasab for the sake of hifz al-nasl, even though the legal status is limited to sharia marriage so that the right of inheritance of faraidh does not fully apply to children of serial polygamy as in the case of Determination 114/Pdt.P/2025/PA. However, the rights to alimony, education, and affection must still be fulfilled by the father reasonably to be independent; The Child Protection Law guarantees the right to identity, health, and participation without discrimination through a complete birth certificate after biological attestation via DNA test, although judges' considerations often limit legal status due to administrative violations of parental marriage, so that children only receive partial rights such as alimony through a district court lawsuit without full guardianship or inheritance priority, which has the potential to cause social stigmatization and difficulty accessing public services such as scholarships or BPJS in areas such as Kediri; This gap creates a subjective injustice because the child is innocent, as the Constitutional Court's Decision expands biological civil relations in the best interests of the child, but the implementation of religious courts is still formalistic so that optimal protection requires harmonization through progressive fatwas and restorative mediation to ensure family reintegration and long-term psychological stability of children.

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