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RechtJiva
Published by Universitas Brawijaya
ISSN : -     EISSN : 30473721     DOI : https://doi.org/10.21776/rechtjiva
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
RechtJiva is published by the Faculty of Law, Universitas Brawijaya periodically 3 times a year, namely in March, July and November. This journal is a journal with the theme of Legal Science, with benefits and objectives for the development of Legal Science, by prioritizing originality, specificity and recency of articles in each issue. The purpose of the publication of this Journal is to provide space to publish original research thoughts, academics, namely students and lecturers who have never been published in other media. The focus and scope of writing in this Journal focuses on publishing legal scientific articles on the following topics: Civil Law Constitutional Law Administrative Law Criminal Law International Law Islamic Law Customary Law Business Law Agrarian and Natural Resources Law Law and Society Human Rights Law Contemporary Law
Arjuna Subject : Ilmu Sosial - Analisis
Articles 12 Documents
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Search results for , issue "Vol. 2 No. 2 (Juli 2025)" : 12 Documents clear
Urgensi Pengaturan Hukum Dan Tanggung Jawab dalam Telesurgery Di Indonesia
RechtJiva Vol. 2 No. 2 (Juli 2025)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v2n2.7

Abstract

The advancement of technology in the healthcare sector, particularly telesurgery, is growing rapidly in Indonesia. Telesurgery is a remote surgical procedure performed with the assistance of robotic systems and wireless networks, enabling surgeons to operate on patients located at a distance. However, this progress has not been accompanied by adequate legal regulations, leading to a legal vacuum in its implementation—especially when malfunctions result in patient death. This research is a normative juridical study that examines various legal rules and principles using secondary data in the form of primary legal documents. Legal materials were collected through literature study, and the method of interpretation used is prescriptive interpretation. This study addresses the absence of legal regulations governing the practice of telesurgery in Indonesia, particularly concerning criminal sanctions and legal liability. The findings show that the regulation of criminal sanctions is essential to provide legal certainty regarding the responsible parties. An ideal regulation should include a definition of telesurgery, qualifications for medical personnel, the rights and obligations of related parties, supervision of medical devices, risk mitigation, and criminal sanctions for medical negligence and product failure.
Perlindungan Hukum Bank atas Hak Tanggungan dalam Pembatalan Sertipikat Tanah
RechtJiva Vol. 2 No. 2 (Juli 2025)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v2n2.9

Abstract

This journal discusses legal protection for creditors, especially banks, against the cancellation of certificates of ownership of land that is being burdened with Underwriting Rights. Mortgage rights are a guarantee that provides creditors of legal certainty for the receivables given to the debtor. However, in practice, problems often occur where land certificates that have been used as guarantees of cancellation due to administrative disabilities or ownership disputes, giving rise to legal uncertainty for creditors. This study uses the research method, namely juridical normative statutory approach (statute approach) and comparative study. Analysis of relevant laws and regulations, such as the Mortgage Act (Law No. 4 of 1996), as well as court decisions relating to the cancellation of land certificates. This research also examines legal certainty and creditor protection in the land system in Indonesia. The results showed that although the Mortgage Rights provide legal protection for creditors, the cancellation of land certificates still has the risk of loss of creditors for the guarantee that has been given. Based on Article 18 of the Mortgage Rights Law, the Underwriting Rights will fall if the land rights they burdened are also deleted. Therefore, legal efforts are needed for creditors to maintain their rights, both through a civil lawsuit mechanism, confiscation of guarantees (conservatoir beslag), as well as the execution of auction on debtor assets. To reduce the risk of cancellation of certificates, this study recommends strengthening regulations regarding creditors' protection, increasing the accuracy of land administration by the National Land Agency (BPN), as well as the application of digital -based land registration systems to increase transparency and prevent future land disputes.
Analisis Gender Atas Penambahan Beban Administrasi Klaim PTKP Wanita Kawin: (Komparasi Hukum Indonesia Dengan Singapura)
RechtJiva Vol. 2 No. 2 (Juli 2025)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v2n2.4

Abstract

The problem raised in this thesis is the legal conflict of adding the administrative burden of claiming non-taxable income  for married women as the head of the family in Law No. 36 of 2008 on Income Tax (Income Tax Law) along with its derived regulations and amendments that are contrary to the principles of justice and the principles of equality in the 1945 Constitution and the main principles of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). This research method is normative juridical with statutory, comparative, conceptual and historical approaches analyzed using grammatical, systematic and comparative methods of interpretation. This research concludes that the Income Tax Law, along with its derived regulations and amendments, is demonstrably gender-inappropriate because it does not fulfill the principles of justice and equality guaranteed by the 1945 Constitution and CEDAW. The Income Tax Law has created procedural inequality between married men and women in claiming the PTKP component. Comparative analysis shows that Indonesia's income tax provisions do not fully comply with the three main principles of CEDAW, unlike Singapore which has fully complied with them. For this reason, this thesis recommends tax law reform to deconstruct norms that are not yet gender sensitive.
Reformulasi Regulasi Transisi Energi Dalam Mewujudkan Target Nationally Determined Contribution Guna Memenuhi Target Low Emission
RechtJiva Vol. 2 No. 2 (Juli 2025)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v2n2.5

Abstract

The Paris Agreement is an international treaty aimed at protecting the environment at both national and global levels by reducing the use of non-renewable energy and replacing it with renewable energy sources that efficiently minimise carbon emissions in the atmosphere. The framework of this agreement emphasises limiting global warming to below 2°C, with efforts to further restrict it to 1.5°C. To achieve this, each country is required to develop strategies for implementing its commitments, which are outlined in the Nationally Determined Contributions (NDC) as a guiding document for energy transition policies. Sweden, as a comparative country in this study, has not only implemented climate regulations but also adopted a strategy incorporating the energy trilemma concept, which balances fairness, security, and sustainability. This approach has positioned Sweden as a leading country in terms of energy system performance and preparedness. This research aims to analyze the regulatory framework of energy transition in achieving the Nationally Determined Contribution (NDC) targets toward a low-emission future in Indonesia, and to explore and formulate an ideal regulatory model for energy transition to support the attainment of these targets. In contrast, Indonesia needs establish more explicit climate-related regulations similar to those in Sweden to enhance its energy transition efforts. This study employs a juridical research method, using statutory, comparative, and conceptual approaches. The research findings lead to recommendations for reformulating policies into a comprehensive climate change regulation in Indonesia. This proposed regulation should incorporate the energy trilemma concept and include essential components such as general provisions, objectives, the scope of climate change policies, implementation plans, governance frameworks, steering committees and responsible institutions, public participation, monitoring and evaluation mechanisms, and enforcement measures. By establishing a structured legal framework, Indonesia can developan effective and enforceable climate change policy that supports its energy transition goals.
Interpretasi Frasa Harmful Contamination Dalam Pasal 7(1) Moon Agreement 1979 Sebagai Upaya Pencegahan Kontaminasi Bulan
RechtJiva Vol. 2 No. 2 (Juli 2025)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v2n2.10

Abstract

This research is motivated by the absence of an explicit definition of the phrase "harmful contamination" in Article 7(1) of the 1979 Moon Agreement, which results in weak regulatory provisions regarding the prevention of harmful contamination of the lunar environment and other celestial bodies in the solar system. The urgency of this research lies in the lack of a clear definition, which leads to ambiguous interpretations and opens up space for varying understandings of the term. This study aims to analyze and interpret the meaning of harmful contamination within the framework of space law and to assess the extent to which current lunar exploration activities align with that interpretation. To address these issues, this research adopts a normative juridical method with a statutory and conceptual approach. The findings indicate that existing legal instruments do not provide an explicit definition of harmful contamination, thereby creating a normative gap in the environmental protection of celestial bodies. Accordingly, this study proposes a more comprehensive interpretation, namely: “biological or non-biological contamination resulting from the introduction of unwanted foreign materials into the lunar environment and other celestial bodies in the solar system due to human activities, which potentially disrupt the environmental balance of the Moon, either directly or indirectly.” Based on this interpretation, it is found that current lunar exploration practices are not yet fully aligned with the ideal understanding of harmful contamination.
Analisis Perlindungan Hukum Terhadap Konsumen Dalam Penyelenggaraan Cross-Border Payment Melalui Integrasi QR Code pada Kawasan ASEAN
RechtJiva Vol. 2 No. 2 (Juli 2025)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v2n2.6

Abstract

This study examines the gaps in policy harmonization among ASEAN countries regarding cross-border transaction interoperability using QR codes and their dispute resolution mechanisms, in order to strengthen legal protection for consumers. The analysis is conducted normatively using statutory, historical, and conceptual approaches, referring to Article 2 (a), (b), and (c) of the ASEAN Agreement on Electronic Commerce, which emphasizes the importance of cross-border payment systems. The findings indicate that although there have been efforts at harmonization through bilateral cooperation and alignment with domestic laws, gaps remain in the implementation of local currency transactions that require structural alignment and integration into national regulations. In Indonesia, consumer protection is regulated under Bank Indonesia Regulations No. 3 of 2023 and No. 3 of 2024, but dispute resolution through alternative institutions still faces challenges such as high costs and complex procedures. Therefore, this study recommends the inclusion of standardized dispute resolution clauses and additional technical regulations from Bank Indonesia to enhance efficiency, fairness, and legal certainty for consumers in cross-border QRIS transactions.
Reformulasi Pengaturan Penyelenggaraan Tabungan Perumahan Rakyat Dalam Pemotongan Upah Pekerja
RechtJiva Vol. 2 No. 2 (Juli 2025)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v2n2.8

Abstract

The Indonesian government issued Law No. 4 of 2016 on Public Housing Savings to address the limitations of the housing finance system. Unfortunately, this regulation has caused controversy because the provision requires wage deductions for all workers earning above the minimum wage, including those who already own a house. This creates injustice and conflicts with other regulations. Based on these problems, this research raises the issue of (1) Why is there a conflict in Law Number 4 of 2016 concerning Public Housing Savings and Regulations with higher laws and regulations related to the imposition of wage deductions? (2) How to reformulate the regulation on the implementation of Public Housing Savings in cutting workers' wages in the future that is not detrimental to laborers. This research uses a normative juridical method by utilizing three types of approaches, namely the statutory approach, conceptual approach, and comparative approach. The result of this research is that there is a legal conflict between the Public Housing Savings policy and other regulations due to conflict and incompatibility. The policy formulation can be done by removing the regulation of Public Housing Savings and replacing it with MLT BPJS Ketenagakerjaan, or at least revised to make it compatible by including workers in its formulation so that it is more in line with the needs of workers.
Kriteria Karya Penggemar Fanfiction Sebagai Karya Turunan Yang Sah Dalam Undang-Undang Hak Cipta Indonesia
RechtJiva Vol. 2 No. 2 (Juli 2025)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v2n2.12

Abstract

Fanfiction was one of the works that fans created in the result of fan labour which requires the original works of fiction to create a new story by adding or transforming the element from the previous work. Fanfiction was considered to be a work in legal grey area but with the thorough analysis case per case, the fanfiction could be protected as long as it fulfilled the copyright ability. This research is a normative juridical study that examines the legal issues based on the criteria for fanfiction as derivative works protected under Law Number 28 of 2014 and compares it with the United States Copyright Act of 1976. It also analyse the appropriate regulation regarding copyright limitations in Article 44 paragraph (1) letter a of Law Number 28 of 2014. The findings indicate that fanfiction can be protected as derivative works under Law Number 28 of 2014 if it meets the copyrightability standards, namely originality, creativity, and fixation. Furthermore, legally valid fanfiction should be non-commercial in nature, draw elements or substance from the public domain, be categorized as parody or criticism, and its use must be in accordance with Articles 43, 44, and 46 of Law Number 28 of 2014, while respecting the reasonable interests of the original creator or copyright holder. The appropriate legal framework for assessing the reasonable interest of fanfiction that does not harm the creator should consider the purpose, nature, amount and substantiality of the portion used, and the potential market impact on the original work.
Analisis Yuridis terhadap Pertimbangan Hakim dalam Menjatuhkan Putusan Bebas (Vrijspraak) pada Perkara Korupsi Penyalahgunaan Wewenang
RechtJiva Vol. 2 No. 2 (Juli 2025)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v2n2.2

Abstract

This research aims to examine the judges' considerations in acquittal (vrijspraak) in corruption cases involving abuse of authority, focusing on Decision No. 6059K/Pid.Sus/2023. The research method used is empirical research, with primary data obtained through interviews with judges, as well as secondary and tertiary data derived from articles, books, and relevant legislation. The results show that the judicial process in this case includes investigation, prosecution, and trial stages based on the principles of justice and legal certainty. The judge rejected the public prosecutor's charges because the evidence presented did not meet the standard of valid and convincing proof. The defendant, as the Head of BRI Gorontalo Branch Unit, was found to lack the authority to approve loans above Rp100,000,000.00, and there was no evidence of involvement in document forgery or credit fund misuse. The judge decided to acquit the defendant based on the presumption of innocence and restored the defendant's rights in accordance with Article 191 Paragraph (1) of the Criminal Procedure Code (KUHAP) and Law No. 46 of 2009. Furthermore, the ratio decidendi of the Supreme Court's decision reflects the principles of justice, legal certainty, human rights protection, and the presumption of innocence. The Supreme Court affirmed that the first-instance court had correctly applied the law and there was no reason to overturn the decision. The implications of this decision demonstrate consistency in the application of the law, restore the defendant's rights, and set an important precedent in the Indonesian criminal justice system, particularly in corruption cases.
Tinjauan Perbandingan Pengakuan Putusan Asing Dalam Hukum Indonesia dan Malaysia
RechtJiva Vol. 2 No. 2 (Juli 2025)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v2n2.11

Abstract

The recognition and enforcement of foreign judgments are essential aspects of cross-border legal relations, especially in the context of globalization and increasing international legal interactions. This article aims to examine and compare the legal frameworks governing the recognition of foreign court decisions in Indonesia and Malaysia. This study employs a normative juridical method with a comparative legal approach. In Indonesia, the recognition of foreign judgments is regulated under the Reglement op de Rechtsvordering (Rv) and requires an exequatur process by the Supreme Court. Specifically for the recognition of foreign arbitration awards, Indonesia has ratified the 1958 New York Convention on the Recognition of Foreign Arbitration Awards. Meanwhile, in Malaysia, foreign judgments can be recognized through a reciprocal enforcement system based on the Foreign Judgments Act 1956 and common law principles. This comparison shows that Malaysia’s legal system is relatively more receptive to the recognition of foreign judgments than Indonesia, which still imposes several formal requirements. The study recommends regulatory reforms in Indonesia to better adapt to the dynamics of international law and to provide legal certainty for parties involved in cross-border disputes.

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