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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 10 Documents
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Search results for , issue "Vol. 2 No. 3 (November 2025)" : 10 Documents clear
Problematika Pengakuan Hak Ulayat Antara Pasal 3 UUPA dan PMATR/KaBPN Nomor 14 Tahun 2024
RechtJiva Vol. 2 No. 3 (November 2025)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v2n3.6

Abstract

This study examines the conflict of norms regarding the recognition of ulayat rights between Article 3 of the Basic Agrarian Law (UUPA) and Article 17(1) of the Minister of Agrarian Affairs and Spatial Planning/Head of BPN Regulation No. 14/2024. The background lies in the inconsistency between the UUPA’s communal recognition of ulayat rights and the conversion mechanism into individual ownership under PMATR/KaBPN No. 14/2024, which may trigger exploitation and internal conflict within indigenous communities. The research problem addresses the differing recognitions of ulayat rights under these two regulations. A normative legal method was employed with statutory, conceptual, and case approaches, alongside interpretive-descriptive, systematic, and prescriptive analytical techniques. Findings reveal that Article 3 of the UUPA upholds ulayat rights as collective rights for as long as the indigenous community exists, whereas Article 17 of PMATR/KaBPN No. 14/2024 permits conversion into group ownership, leading to privatization and weakening of communal order. The novelty lies in identifying two dimensions of conflict: recognition form clashes and potential degradation of communal land solidarity. It is concluded that PMATR/KaBPN No. 14/2024 contradicts UUPA principles, placing ulayat rights at risk of individualization. The study recommends reviewing technical regulations to honor communal values and strengthen protection mechanisms for indigenous collective rights.
Penerapan Pengaturan Victim Impact Statement Pada Perkara Tindak Pidana Lingkungan Hidup Dalam Memenuhi Perlindungan Korban
RechtJiva Vol. 2 No. 3 (November 2025)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v2n3.5

Abstract

This research examines the urgent need for regulating Victim Impact Statements (VIS) in environmental criminal cases in Indonesia with a focus on enhancing victims' legal protection and participation. Despite existing environmental laws, enforcement remains suboptimal, and victims often lack sufficient protection, typically limited to witness status. VIS provides victims the opportunity to express the impact they have suffered, a practice already implemented in countries like the United States. This study addresses two key questions: (1) Why is it urgent to regulate VIS in environmental criminal cases? and (2) How should VIS regulation be formulated? Using a normative juridical method, the research employs legislative, comparative, and analytical approaches, analyzing primary, secondary, and tertiary legal materials. The findings highlight that regulating VIS is essential to ensure procedural justice for victims, align with the right to a healthy environment, and address the growing environmental damage globally. The comparative analysis of the U.S. framework offers insights for Indonesia to develop a tailored VIS regulation consistent with its legal system.
Status dan Legalitas Hukum Perdata Internasional Terhadap Perkawinan Campuran Antara WNI dengan Imigran Ilegal
RechtJiva Vol. 2 No. 3 (November 2025)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v2n3.10

Abstract

Mixed marriages between Indonesian citizens and illegal immigrants occurring in Indonesia are related to foreign elements because these marriages involve Indonesian citizens and foreign parties whose personal status is unknown, resulting in incomplete norms in Article 16 AB regarding personal status, which states that wherever an Indonesian citizen is located, national law still applies. This study aims to analyze the applicable law in mixed marriages between Indonesian citizens and illegal immigrants, as well as to analyze the applicable law in mixed marriages between illegal immigrants and illegal immigrants in Indonesia. This study uses normative legal research with a regulatory approach, an analytical approach, and a case approach. There are three types of legal materials, namely primary, secondary, and tertiary legal materials, with legal material analysis techniques, namely grammatical interpretation and systematic interpretation. The results of this study are based on the provisions of International Civil Law, which uses the principle of nationality. This principle cannot be used by illegal immigrants who are known to have no citizenship. Articles 13, 15, 16, and 17 of the HPI Bill state that the applicable principle is the principle of nationality in the principle of domicile, with the provision that the person has lived in Indonesia for 5 consecutive years or 10 non-consecutive years. However, if an illegal immigrant has been granted refugee status by the UNHCR, Article 35(b) of the Population Administration Law states that marriages between foreign nationals in Indonesia may be registered. However, this provision cannot be applied to illegal immigrants who marry in Indonesia because there is no connection between the two.
Pengenaan Biaya Tambahan Pada Transaksi Jual Beli Di E-commerce dan Marketplace
RechtJiva Vol. 2 No. 3 (November 2025)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v2n3.7

Abstract

In sales transactions through e-commerce platforms, this issue is examined from the perspective of consumer protection law in Indonesia. This issue is raised due to the absence of norms regarding price transparency and maximum limits on additional fees imposed by businesses, which has an impact on legal uncertainty for consumers. This study formulates two main problems, namely, the weakness of regulations on additional fees outside the base price in the Consumer Protection Law, and ideal alternative regulations for such practices in the context of e-commerce in Indonesia. The research method used is a legal normative approach combining legislative, conceptual, and comparative methodologies. The findings indicate that Indonesia’s legal framework has not yet specifically addressed the imposition of additional fees, despite such practices already occurring across various platforms. Article 10 of the UUPK on regulates base prices and discounts, without covering additional fees. Comparative studies with Canada and Australia show that both countries have regulated price transparency through regulations that require clarity of information and consistency between advertised prices and charged prices. Based on these findings, and ideal legal framework adapted from best practices in both countries is proposed.
Keabsahan Perkawinan Kedua Penganut Katolik Tanpa Adanya Anulasi Setelah Perceraian Perkawinan Pertama
RechtJiva Vol. 2 No. 3 (November 2025)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v2n3.8

Abstract

Marriage in the Catholic Church is sacramental, unity, and indissolubility so that there is no concept of divorce to break a Catholic marriage bond. However, in the practice of national law, divorce is recognized as one of the legal ways to break a marriage as stipulated in Law No. 1 of 1974 concerning Marriage. This study aims to analyze and examine the legal status of second marriages conducted by Catholics, whose first marriages have been divorced by the court but have not been annulled through the annulment process by the Catholic Church Court. The approach used in this research is normative juridical by examining relevant laws and regulations, canon law, and court decisions as case examples. The results of this study indicate that the concept of marriage in Canon Law and the Marriage Law both adhere to the principle of monogamy, but differ in their application. The Marriage Law allows polygamy under certain conditions, while Canon Law is absolute. The concept of annulment of marriage in Canon Law is different from the concept of annulment of marriage and divorce in the Marriage Law, from the conditions that must be met, the process, to the legal consequences. In addition, this study also found that a second marriage for Catholics without annulment from the Church for their first marriage will result in the invalidity of the second marriage because divorce from the court does not erase the first marriage bond that is valid according to Canon Law and the Catholic Church.
Tinjauan Yuridis Pemberian Bantuan Hukum Bagi Pekerja Migran Indonesia Di Negara Penempatan
RechtJiva Vol. 2 No. 3 (November 2025)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v2n3.9

Abstract

Obtaining legal assistance when Indonesian migrant workers face legal problems is one of their fundamental rights during employment. This right is stipulated in Article 21 paragraph (1) letter (f) of the Law on the Protection of Indonesian Migrant Workers. However, this provision is not accompanied by further regulations governing the implementation of legal aid as referred to in Article 21 paragraph (1) letter (f) of the same law. This condition results in a legal gap, causing many Indonesian migrant workers to face legal problems abroad without adequate legal assistance. This study employs a normative legal research method using statutory, conceptual, and comparative approaches. It utilizes primary, secondary, and tertiary sources of legal materials. All legal materials were analyzed using the legal construction method through systematic interpretation. The findings of this study reveal the urgency of the issue, as many Indonesian migrant workers still lack sufficient legal representation. Moreover, the existing data indicate a significant annual increase in the number of migrant worker placements. The absence of comprehensive legal provisions governing legal aid for Indonesian migrant workers facing legal issues abroad contradicts Article 28D paragraphs (1) and (2) of the 1945 Constitution of the Republic of Indonesia. To ensure effective protection for Indonesian migrant workers in such situations, it is necessary to establish specific regulations addressing aspects such as the funding of legal aid for migrant workers, inter-agency cooperation and division of authority, eligibility criteria for legal aid recipients, and the types of legal assistance provided.
National Law in the Shadow of International: Is the Constitution Still Sovereign?
RechtJiva Vol. 2 No. 3 (November 2025)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v2n3.1

Abstract

The objective of this research is to analyze the impact of decisions made by international organizations on changes in domestic policies, including at the constitutional level, and to explore how countries manage the balance between international obligations and their constitutional sovereignty. This study also aims to compare two primary approaches to the application of international law within domestic legal systems, namely monism and dualism, and to identify the implications of each approach on state sovereignty. This research employs a qualitative approach with a normative-analytical method. The data used include primary legal sources, such as national constitutions, international treaties, and decisions from international institutions such as the WTO, the International Court of Justice, and the United Nations. Additionally, this study examines literature related to theories of international and domestic law to understand how international obligations influence domestic legal policies. A comparative analysis is used to identify the differences between monism and dualism in the implementation of international law across various countries. The research finds that decisions made by international organizations, such as the WTO and the International Court of Justice, have a significant impact on domestic policies, even at the constitutional level. Countries that adopt a monist system tend to implement international obligations more easily, but are at risk of violating fundamental constitutional principles. On the other hand, countries that adopt dualism are more selective in implementing international obligations through the legislative process, although this can slow down implementation. Countries must strike a balance between fulfilling international obligations and preserving their constitutional sovereignty, depending on the legal approach they adopt.
Green Defense and Environmental Accountability: Comparative Study between Indonesia and ASEAN Member States
RechtJiva Vol. 2 No. 3 (November 2025)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v2n3.3

Abstract

This study examines the intersection between environmental protection and national defense policies in ASEAN countries, focusing on Indonesia’s approach to integrating environmental responsibility within military activities. The concept of green defense emphasizes sustainable military operations that minimize ecological impact while maintaining national security readiness. Using a normative juridical and comparative approach, this research analyzes legal frameworks, defense regulations, and environmental policies across Indonesia, Malaysia, and the Philippines. The findings highlight that while Indonesia has integrated environmental elements in its Non-Warfare Military Operations (OMSP), institutional coordination and enforcement mechanisms remain weak compared to neighboring countries. Strengthening legal accountability and regional cooperation under ASEAN’s environmental framework is crucial to achieving environmentally responsible defense practices.
Land and Military: Legal Aspects of Land Ownership and Utilization for National Defense
RechtJiva Vol. 2 No. 3 (November 2025)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v2n3.4

Abstract

This study examines the legal relationship between land ownership, utilization, and national defense in Indonesia, emphasizing how military institutions manage and control land for defense purposes. The research highlights the intersection between agrarian law and defense law, identifying conflicts between state authority, public interest, and community rights. Using a normative juridical and conceptual approach, the study analyzes statutory provisions under Law No. 3 of 2002 on State Defense, Law No. 34 of 2004 on the Indonesian National Armed Forces (TNI), and Law No. 5 of 1960 on Basic Agrarian Principles (UUPA). The findings reveal that while the state holds ultimate control over defense lands (tanah pertahanan), overlapping administrative jurisdictions and the absence of integrated spatial regulations often lead to disputes between military institutions and civilians. Strengthening legal certainty requires harmonization among the Ministry of Defense, National Land Agency (BPN), and local governments to ensure that land management for defense respects both national security and community welfare.
Kepastian Hukum Dalam Penyelesaian Sengketa Pelanggaran Perjanjian Lisan Yang Berpotensi Terjadi Pelanggaran Hukum
RechtJiva Vol. 2 No. 3 (November 2025)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v2n3.2

Abstract

This study discusses legal certainty in the settlement of disputes arising from breaches of verbal agreements that have the potential to cause legal violations from the perspective of Indonesian civil law. Verbal agreements are still commonly found in society, especially in social relationships and economic activities based on the principle of trust. However, agreements that are not set out in writing often give rise to legal problems when there is a breach or default that is detrimental to one of the parties. The purpose of this study is to analyze the legal position of verbal agreements, examine the legal consequences if the agreement is violated, and identify forms of legal protection for parties acting in good faith. This study uses a normative juridical method with a legislative approach and case analysis, as well as examining secondary data in the form of legal literature, court decisions, and provisions of the Civil Code (KUHPerdata). The results of the study show that although verbal agreements meet the requirements for a valid agreement as stipulated in Article 1320 of the Civil Code, violations often cause legal uncertainty due to weak evidence and the difficulty of proving the intentions of the parties. Therefore, it is necessary to strengthen public awareness of the importance of written agreements and to update the mechanism of evidence to ensure legal protection and achieve justice in the settlement of verbal agreement disputes.

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