RechtJiva
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
Articles
62 Documents
<![CDATA[Analisis Pengaturan Hak Untuk Dilupakan Bagi Anak Korban Tindak Pidana Kekerasan Seksual di Indonesia ]]>
<![CDATA[ RechtJiva Vol. 1 No. 1 (March 2024) ]]>
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DOI: 10.21776/rechtjiva.v1n1.7
<![CDATA[The growing incidence of sexual violence in Indonesia has taken children as the victims with the highest number of cases among other cases with victims of other age groups. This problem is alarming, considering that it may threaten the future generations of the nation, contrary to the fact that children must receive special protection. Law Number 12 of 2022 concerning Sexual Violence as a Crime implies that children as the victims of sexual violence are entitled to the right to be taken care of and the right to recovery, in which electronic information and/or documents regarding the violence that the children concerned have suffered from must be deleted. In other words, children should be entitled to the right to be forgotten. This research employed a normative-juridical method and statutory, conceptual, and comparative approaches. The legal materials involved primary and secondary data, obtained from library research. The research results reveal that the Law concerning Sexual Violence Crime has loopholes regarding the right to be forgotten of children as the victims of sexual violence, especially in the scope of the subject matter and the mechanism of the actualization of the right to be forgotten for the children concerned. In other words, this matter needs to be further regulated. Therefore, the Law concerning Sexual Violence Crime needs improvement for a comprehensive regulation of the mechanism of the right to be forgotten for children.]]>
<![CDATA[Urgensi Peraturan Bentuk Badan Hukum Serta Mekanisme Penggabungan dan Pengambilalihan Klub Sepak Bola Di Indonesia ]]>
<![CDATA[ RechtJiva Vol. 1 No. 1 (March 2024) ]]>
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DOI: 10.21776/rechtjiva.v1n1.2
<![CDATA[This research examines regulatory challenges concerning the legal structure and the merger and takeover processes of professional soccer clubs in Indonesia. The absence of legal certainty regarding the legal form of football clubs and the corresponding merger/takeover mechanisms poses a threat to sportsmanship principles, particularly as the national football industry advances towards greater professionalism. Then the writing of this thesis uses a normative juridical method with a statutory approach method, a comparative approach. Primary, secondary, and tertiary legal materials obtained by the author will be analyzed using systematic and grammatical interpretation methods. the author gets an answer to the existing problem that it is necessary to establish a regulation by PSSI by cooperating with the government which specifically regulates the form of a limited liability company for clubs and the mechanism for merging and taking over professional football clubs in Indonesia so as to provide legal certainty for football clubs as an important pillar in the development of the football industry. Therefore, the regulatory construction that the author can propose based on an analysis of existing regulations and a comparative study with regulations related to ownership of football clubs in England is to make laws and regulations regarding the obligation of clubs to be incorporated as limited liability companies and the mechanism for mergers and takeovers specifically of football clubs can be by prohibiting mergers between two football clubs in Indonesia that are in different league castes and related to the regulation of takeover stages can be adopted from England.]]>
<![CDATA[Bentuk Internalisasi Nilai Etik Mengenai Bias Negatif dan Diskriminasi Dalam Platform generative AI ]]>
<![CDATA[ RechtJiva Vol. 1 No. 1 (March 2024) ]]>
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DOI: 10.21776/rechtjiva.v1n1.1
<![CDATA[This research discusses a form of classification in the realm of Artificial Intelligence, namely generative AI. Generative AI is an AI technology that can create new content in the form of text, images, audio, and others. However, generative AI has the potential to cause problems such as negative bias and unintentional discrimination in the form of negative stereotyping of a racial group. Current regulations are inadequate to address these challenges and determine the liability of parties in the event of harm. This research aims to analyze the urgency of new regulations related to generative AI for anti-bias and discrimination. The approach is normative juridical using statutory, conceptual, and comparative approaches. The results show that current regulations do not adequately protect the public from bias and discrimination by AI. New regulations are needed that include AI ethical principles, AI audits, classification of parties' responsibilities (developers, data providers, regulators), and application of the principle of liability based on fault. These regulations are important to ensure responsible use of generative AI and respect for human rights. In conclusion, current regulations need to be refined and new ones created to address the ethical and liability challenges in the utilization of generative AI in line with anti-discrimination principles.]]>
<![CDATA[Analisis Pertimbangan Hakim Praperadilan Putusan 33/Pid.Prap/2020/PN.JKT.SEL Tentang Penetapan Tersangka Tidak Sah dalam Keadilan Kepastian Hukum ]]>
<![CDATA[ RechtJiva Vol. 1 No. 1 (March 2024) ]]>
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DOI: 10.21776/rechtjiva.v1n1.3
<![CDATA[Law must live in society, serving more than a guideline or a clue giving guidance to dormant activities in society. Therefore, pretrial exists as a means of control. Pretrial in Indonesia is basically regulated in Articles 77 to Article 83 of the Law of the Republic of Indonesia Number 8 of 1981 concerning the Criminal Procedure Code, where the object of pretrial was expanded by Constitutional Court Decision Number 21/PUU-XII/2014. There is an interesting thing in the decision of the South Jakarta District Court judge who examined and adjudicated the pretrial case in the South Jakarta District Court decision Number 33/Pid.Prap/2020/PN.Jkt.Sel.. This research was carried out in a normative juridical manner, using a statue approach and case approach. This research aims to analyze legal regulations and protection regarding pretrial in Indonesia, and to analyze the judge's considerations in the pretrial decision of the South Jakarta District Court Number 33/Pid.Prap/2020/PN.Jkt.Sel.. The results of this research show that the judge's considerations in South Jakarta District Court decision Number 33/Pid.Prap/2020/PN.Jkt.Sel. does not contain the aim of the law itself, in this case, justice and legal certainty, this is due to limited pretrial regulations.]]>
<![CDATA[Urgensi Reformulasi Ketentuan Pembelian Terselubung Dalam Undang-Undang Narkotika Untuk Mencegah Penyalahgunaan Wewenang Oleh Penegak Hukum ]]>
<![CDATA[ RechtJiva Vol. 1 No. 1 (March 2024) ]]>
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DOI: 10.21776/rechtjiva.v1n1.4
<![CDATA[This research aims to study the confusing norm concerning the application of enquiry into the case of undercover buy as in Article 79 of Law Number 35 of 2009 concerning Narcotics, which is not further elaborated in terms of the implementation of the law concerned, which leads further to another issue of field implementation and legal loophole to enforce the law in terms of permit to own narcotics for private use. This research employs normative-juridical methods and statutory, conceptual, and comparative approaches. The research results reveal that there is an urgency to reformulate the provision of undercover buy in Law Number 35 of 2009 concerning Narcotics because the Criminal Code Procedure does not specifically regulate the technique of undercover buy. This research, therefore, compares the undercover buy between Indonesia and the United States of America and Britain.]]>
<![CDATA[Penyidikan Tindak Pidana Pelecehan Seksual Pada Ruang Publik (Street Harassment) Di Polda Jakarta ]]>
<![CDATA[ RechtJiva Vol. 1 No. 1 (March 2024) ]]>
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DOI: 10.21776/rechtjiva.v1n1.5
<![CDATA[The cases of street harassment are increasing with women as victims, causing humiliation and traumatic conditions. Public places such as commuter lines are the common places where street harassment often happens. Departing from this issue, this research seeks to investigate the mechanism of the enquiry into street harassment cases in the Regional Police Department of Jakarta Raya and the impeding factors faced by the police and the commuter line company regarding street harassment in the commuter line. Combining doctrinal and empirical research methods, this research has found that the enquiry following the report made on the case involves report submission, investigation, witness investigation, deciding the defendant, evidence collection, and filing. The commuter line company has received reports, conducted coordination with the police department, and transferred the perpetrator to the police when the victim wishes to proceed with the report. However, the police department has been facing issues in discovering information from the victim due to stigma. Another issue faced by the commuter line company is that most victims choose not to proceed with the report and prefer posting the problems on social media, and this trend seems to present another problem for the authorities concerned. The Regional Police Department of Jakarta Raya has taken preventive and repressive actions by giving further introduction and strict measures against the perpetrators. Departing from this issue, the commuter company initiated to provide special train cars for women and a 5D method.]]>
<![CDATA[Keterlibatan Masyarakat Desa Landungsari Dalam Kebijakan Pendaftaran Tanah Sistematis Lengkap ]]>
<![CDATA[ RechtJiva Vol. 1 No. 1 (March 2024) ]]>
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DOI: 10.21776/rechtjiva.v1n1.6
<![CDATA[The government has accelerated the program by encouraging public participation. Landungsari Village in Malang district was selected as the locationof the PTSL year 2023. Public involvement in PTSL activities in Landungsari Village is demonstrated by the participation citizens who are actively registering their land. Although there is already public participation in the PTSL, in fact certain stages still do not involve public involvement This research is a type of sosio legal research that uses sociological jurisprudence. Secondary data obtained indirectly from law and official document. The population in this research is all officer in ATR/BPN District Malang and and all the citizens in Landungsari. The sample in this research uses purposive sampling method and that are analyzed using analytical descriptive method. Based on the results of the research, it is known that the regulation substance is uncomplete norm about public participation, and then the structure is complete because have Puldatan, and then the culture not complete because citizen not understand of the law. Solution this research a need socialization and maximum communication to enthusiasm to follow PTSL.]]>
<![CDATA[Tanggung Jawab Hukum Rumah Sakit Penyelenggara Telepsikiatri (Telemedicine) ]]>
<![CDATA[ RechtJiva Vol. 1 No. 1 (March 2024) ]]>
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DOI: 10.21776/rechtjiva.v1n1.8
<![CDATA[Clinical procedures have been administered online by psychiatrists without complying with the psychiatric code of conduct. This situation has triggered illicit conduct that takes the victims who suffer from trauma and bruises, while such illegal practices have been found in some other victims who start to raise grievances on social media. Departing from this issue, this research is intended to delve into the negligence and the liability of the hospitals concerned in providing telemedicine services, particularly telepsychiatry within the scope of medical liability. This research aims to analyze the regulation of the liability held by the hospitals giving online mental health care consultation, or commonly dubbed telemedicine with a normative-juridical method and statutory and conceptual approaches. Primary, secondary, and tertiary data were analyzed using grammatical and systematic interpretations. The research results reveal that 1) the practice done by the psychiatrists as delineated above raises liability due to the negligence involved in the medical practice; 2) the hospitals concerned are held liable following the conduct and the nexus between the hospitals and doctors according to Article 193 of Law Number 17 of 2023 concerning the negligence and the provisions of sanctions. Indonesia can adapt sanction provisions from the Health Care Service Act (HCSA) issued by the Ministry of Health Singapore.]]>
<![CDATA[Pembelaan Terpaksa (Noodweer) Bukan Sebagai Dasar Penghentian Penyidikan ]]>
<![CDATA[ RechtJiva Vol. 1 No. 1 (March 2024) ]]>
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DOI: 10.21776/rechtjiva.v1n1.9
<![CDATA[Article 109 paragraph (2) of the Criminal Code Procedure that carries murky norms not specifying the scope of the definition of conduct not considered as a criminal offence as the ground for enquiry dismissal, which leads to legal uncertainty of the enforcement of necessary defence ceased during the enquiry. Departing from the above issue, this research aims to find out what the definition of conduct not considered a criminal offence as the ground for enquiry dismissal in Article 109 paragraph (2) of the Criminal Code Procedure and whether necessary defence (noodweer) is categorised in the definition of act not considered as a criminal offence as the ground for the dismissal of enquiry. This study employs a qualitative juridical analysis method, specifically through an in-depth interpretation of legal materials, as is typical in normative legal research. The legal materials were analysed based on descriptive analysis determining the definition of the rules specified in the Criminal Code, Criminal Code Procedure, and the notions of criminal experts. The research results reveal that conduct not considered a criminal offence involves acts within the scope of private law, administrative law, trade law, or adat law because the conduct concerned does not fit the aspects of criminal offences (particularly in terms of objective aspects). The necessary defence, therefore, cannot be dismissed in the process of enquiry simply because it violates the provisions of the Criminal Code Procedure, but it has to be proven before the court to guarantee that substantive material can be obtained according to the principle of proportionality and subsidiarity and to prevent subjective judgement and abuse of power.]]>
<![CDATA[Konstruksi Ideal Badan Regulasi Nasional Dalam Bingkai Hukum Positif Indonesia ]]>
<![CDATA[ RechtJiva Vol. 1 No. 1 (March 2024) ]]>
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DOI: 10.21776/rechtjiva.v1n1.10
<![CDATA[Mandate of Law Number 15 of 2019 concerning Amendments to Law Number 12 of 2011 concerning the Establishment of Laws and Regulations which mandates the establishment of ministries or institutions that carry out government affairs in the field of forming laws and regulations. However, until December 2023, the ministry or institution that the author further proposes the nomenclature of the National Regulatory Agency has not yet been formed and has implications for the legal certainty aspect of the establishment of the institution. In addition, the a quo law also does not provide a complete regulatory concept for the institutional format to be regulated in the Presidential Regulation. Based on this, this study raises the formulation of the problem (1) how is the legal politics of the establishment of the National Regulatory Agency in Indonesia? and (2) what is the regulatory concept for the establishment of the National Regulatory Agency in the Indonesian legal system? Then, this research uses normative juridical methods using statutory approaches and conceptual approaches. Legal materials used include primary, secondary and tertiary legal materials with legal material tracing techniques, namely literature studies and internet media. Therefore, there is a need for the concept of institutional arrangements which in this case the author formulates into 4 (four) main things. First, the regulation of the National Regulatory Agency through a Presidential Regulation. Second, the organizational structure of the National Regulatory Agency. Third, the National Regulatory Agency. Fourth, the accountability pattern of the National Regulatory Agency.]]>
