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[Pemenuhan Hak Anak Terhadap Korban Eksploitasi Oleh Orang Tua di Yayasan Anak Bangsa Malang ]]>
<![CDATA[ RechtJiva Vol. 2 No. 1 (Maret 2025) ]]>
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DOI: 10.21776/rechtjiva.v2n1.10
<![CDATA[Economic exploitation of children who are employed is the act of using children unreasonably and excessively to work for the benefit of other parties, including parents or employers, which ignores the safety, health and basic rights of children. According to Law Number 35 of 2014 concerning Child Protection, economic exploitation is strictly prohibited because it threatens children's growth and development and hinders children's rights to education, playing and living in a safe environment. Based on these problems, the author conducted research with the problem formulation: 1.) What is the role of the Malang City Children's Social Foundation in providing legal protection for child workers in Malang City? 2.) What is the strategy of the Malang City Children's Social Foundation in overcoming the obstacles faced in assisting child workers in Malang City? The type of research method is empirical research, using a sociological juridical approach. The research location is in the Malang area. From the research results, the author obtained data that 6 (six) children experienced economic exploitation and were being assisted by the with children social Malang Foundation has an important role in providing protection and legal assistance for child workers in Malang City. This foundation carries out various efforts such as providing legal assistance, counseling to parents, increasing public awareness, and providing moral and material support to children who are forced to work.There is still a need for stricter law enforcement and increased public awareness to overcome the problem of child labor in Malang City.]]>
<![CDATA[Makna “Pemberitahuan Bohong” Pasal 28 Ayat (3) Perubahan Kedua Undang-Undang Informasi dan Transaksi Elektronik ]]>
<![CDATA[ RechtJiva Vol. 2 No. 1 (Maret 2025) ]]>
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DOI: 10.21776/rechtjiva.v2n1.3
<![CDATA[This research is motivated by the issue of the vagueness of the meaning of the phrase “false notification” in Article 28 Paragraph (3) of the Second Amendment to the ITE Law. The choice of the title in this research is that the author considers legal certainty so as not to injure human rights, especially in terms of freedom of speech. The main focus is to find the possible meaning or limitation of what is meant by the phrase “false notification”. This research uses a normative legal research method with a statutory and conceptual approach. The results of the analysis show several possible meanings that can be used as limitations in the phrase “false notification” in Article 28 Paragraph (3) such as Informing the public (through radio, newspapers, etc.) if it is related to the tools or means used and Spreading or Propagating (opinions, ideas, etc.), if the object is in the form of thoughts or other things that aim to influence others. Then the meaning of lie, among others, is like cleaning or making something clean. Nevertheless, in order to uphold legal certainty, it is still necessary to reformulate Article 28 Paragraph (3), so that the possibility of replacement is from the phrase “Notification” to the phrase “Broadcasting or Disseminating”, as well as the replacement of the phrase “lie” to the phrase “Uncertain or Exaggerated or Incomplete”.]]>
<![CDATA[Disparity in Judges' Decisions Regarding Divorce Due to Apostate Husbands ]]>
<![CDATA[ RechtJiva Vol. 2 No. 1 (Maret 2025) ]]>
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DOI: 10.21776/rechtjiva.v2n1.1
<![CDATA[Divorce is often the culmination of conflict in a marriage, especially when religious differences are the main cause. In Indonesia, this is a sensitive and complex issue. Divorce due to religious differences in marriage is one of the complex problems often faced in the Religious Courts. One aspect that is interesting to study is divorce cases due to apostate husbands. This research explores two different court decisions in similar cases, one resulting in fasakh and the other in talak, using the perspective of the Shafi'i Madhhab. This study aims to analyze the judge's consideration in divorce cases due to apostate husbands from the perspective of the Shafi'i Madzhab in two court decisions: 121/Pdt.G/2021/PA.MII and 2349/Pdt.G/2021/PA.Wsb. The method used is normative juridical with a case approach, using primary, secondary, and tertiary legal sources as well as document studies in the form of court decisions and Islamic legal literature. The analysis is carried out by considering the legal views of the Shafi'i Madzhab. The findings reveal significant differences in judicial considerations despite the similarity of the cases. The 121/Pdt.G/2021/PA.MII decision ruled the marriage annulled through fasakh, in line with Shafi'i jurisprudence, which holds that apostasy automatically nullifies a marriage contract. Conversely, the 2349/Pdt.G/2021/PA.Wsb decision applied talak, focusing on positive law while overlooking the doctrinal stance of the Shafi'i school. The research offers guidelines for handling similar cases in the future in Religious Courts by applying the jurisprudential approach of the Shafi'i school in shaping legal decisions.]]>
<![CDATA[Perlindungan Data Pribadi dan Kaitannnya dengan Asas Publisitas pada Sertifikat Tanah Elektronik ]]>
<![CDATA[ RechtJiva Vol. 2 No. 1 (Maret 2025) ]]>
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DOI: 10.21776/rechtjiva.v2n1.6
<![CDATA[The conflict between the principle of publicity in Article 4 paragraph (2) of PP No. 24 of 1997 requires openness of information related to physical and legal land data to guarantee legal certainty and transparency with the principle of confidentiality in Article 3 letter h of Law No. 27 of 2022 emphasizing the importance of protecting data from unauthorized access. This study explores the disharmony between protecting personal data and ensuring public access to information in electronic land certificates. While the principle of openness ensures public access to physical data and legal data for legal certainty, electronic land certificates present challenges in protecting personal data, leading to a conflict between these principles. This thesis uses a normative juridical method, focusing on doctrinal analysis of theories, concepts, and legislation. The study uses statutory and conceptual approaches, analyzing primary, secondary, and tertiary legal materials through grammatical and systematic interpretation. The results of this research are that there is a norm conflict between the principles of publicity and confidentiality in the context of electronic land certificates. This disharmony creates legal uncertainty and poses risks to individual privacy rights. To resolve this conflict, the principle of lex superiori derogate legi inferiori should be adopted, with the PDP Law as the primary reference. Furthermore, detailed technical regulations under the Regulation of the Minister of ATR/BPN No. 3 of 2023 are essential. These regulations must address data classification, access authorization, and technical safeguards. Such measures will protect privacy, uphold transparency, and support the effective implementation of electronic land certificates in the digital era.]]>
<![CDATA[Menelusuri Sistem Kuota Haji Di Indonesia: Perspektif Hukum Tentang Kesetaraan Ham Dan Transparansi ]]>
<![CDATA[ RechtJiva Vol. 2 No. 1 (Maret 2025) ]]>
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DOI: 10.21776/rechtjiva.v2n1.4
<![CDATA[This research aims to explore the Hajj quota system in Indonesia from a legal perspective, focusing on issues of human rights equality and transparency in its determination. This research uses a normative juridical research method with a statutory approach and a case approach. The search for legal materials is carried out through literature study and literature inventory, with legal material analysis techniques including systematic interpretation and teleological interpretation. Based on the provisions of Law Number 8 of 2019 concerning the Implementation of Hajj and Umrah, Indonesia's hajj quota is divided into regular quota and special hajj quota. However, in practice, the allocation of hajj quotas often generates controversy, especially in terms of unbalanced quota distribution and unclear procedures. This study examines the application of the law regarding the allocation of Hajj quotas, assesses whether the existing system fulfills the principle of equality for all prospective pilgrims, and whether there is transparency in the decision-making process by the Ministry of Religious Affairs.]]>
<![CDATA[Spesies Invasif Cagar Biosfer Bromo Tengger Semeru Arjuno: Urgensi Pengaturan Pengendaliannya ]]>
<![CDATA[ RechtJiva Vol. 2 No. 1 (Maret 2025) ]]>
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DOI: 10.21776/rechtjiva.v2n1.9
<![CDATA[Indonesia is a country known as a megabiodiversity country because of the diversity of its natural resources. This results in Indonesia having its own potential and challenges in terms of invasive species. Especially biosphere reserves as a place for ecosystem conservation and the species in them as well as a center for scientific training, monitoring, education, and training. This study aims to identify the urgency and analyze the forms of invasive species control regulations in the Bromo Tengger Semeru Arjuno Biosphere Reserve (CB-BTSA) area by the East Java Provincial Government based on a comparison with invasive species regulations in Vietnam and South Africa. This journal research uses a normative juridical method with statute approach, comparative approach and historical approach. The results of the study indicate that regulations related to invasive species control in the CB-BTSA area are important to be formed immediately because the East Java Provincial Government has not been proactive in controlling the existence of invasive species that threaten the biodiversity of CB-BTSA so that it is necessary to strengthen Indonesia memiliki regulations related to invasive species control in the CB-BTSA area through the preparation of East Java Provincial Regulations.]]>
<![CDATA[Urgensi Pengaturan Hukum Dan Tanggung Jawab dalam Telesurgery Di Indonesia ]]>
<![CDATA[ RechtJiva Vol. 2 No. 2 (Juli 2025) ]]>
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DOI: 10.21776/rechtjiva.v2n2.7
<![CDATA[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.]]>
<![CDATA[Analisis Yuridis Ketentuan-Ketentuan Pemrosesan Data Pribadi Berdasarkan Persetujuan Pada Aplikasi Identitas Kependudukan Digital ]]>
<![CDATA[ RechtJiva Vol. 2 No. 1 (Maret 2025) ]]>
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DOI: 10.21776/rechtjiva.v2n1.8
<![CDATA[This study analyzes the disclaimer of liability by personal data controllers and the processing of personal data based on consent within the Digital Population Identity (IKD) application, in light of privacy policies and Indonesian regulations. The research theme stems from the disharmony between the Ministry of Home Affairs Regulation No. 72 of 2022 and Law No. 27 of 2022 on Personal Data Protection (PDP Law). The inclusion of liability disclaimer clauses by data controllers also motivates this study. Using a normative juridical method, it employs statutory, conceptual, and comparative approaches. Legal materials collected through literature reviews are analyzed using grammatical, systematic, and comparative legal interpretation. The findings reveal that crucial information regarding data processing based on consent is often omitted or inconsistent with Article 21(1) of the PDP Law. Additionally, the liability disclaimer clause weakens personal data protection. Therefore, it is necessary to revise the Ministry of Home Affairs Regulation No. 72 of 2022 to clarify data processing purposes, data types and relevance, retention periods, data subject rights, as well as enhancing data security and digital service interoperability, as implemented in the Besluit Digitale Overheid in the Netherlands.]]>
<![CDATA[Keabsahan Praktik Dark Patterns Terhadap Pemerolehan Persetujuan Pemrosesan Data Pribadi di Indonesia ]]>
<![CDATA[ RechtJiva Vol. 2 No. 1 (Maret 2025) ]]>
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DOI: 10.21776/rechtjiva.v2n1.5
<![CDATA[Advances in digital technology have changed the way personal data is collected and processed, often involving dark patterns, which are manipulative interface designs that influence users' consent unconsciously. This research aims to analyze the validity of consent to personal data processing that contains elements of dark patterns based on treaty law and personal data protection principles. In addition, a comparison is made with regulations in the European Union and California to recommend a more effective regulation in Indonesia. This research uses normative juridical method with statutory, case, and comparative approaches. Primary data comes from Law Number 27 Year 2022 on Personal Data Protection (UU PDP), while secondary data comes from related legal literature. The results show that the PDP Law has not explicitly regulated the prohibition of dark patterns, thus opening up opportunities for manipulation in consent. The standard of valid consent in Article 20 paragraph (2) letter a of the UU PDP is still unclear compared to the GDPR in the European Union and the CCPA in California. This study recommends revising the UU PDP to include a prohibition of dark patterns and affirmation of the elements of valid consent, in order to improve personal data protection in the digital era.]]>
<![CDATA[Pelaksanaan Evaluasi Zona Integritas Menuju WBK dan WBBM Oleh Inspektorat Daerah Kota Malang ]]>
<![CDATA[ RechtJiva Vol. 2 No. 1 (Maret 2025) ]]>
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DOI: 10.21776/rechtjiva.v2n1.7
<![CDATA[In writing this thesis, the author discussed the implementation of the evaluation and supervision of Integrity Zone development in Malang City. This topic was chosen due to the declining number of Regional Government Organizations (OPDs) in Malang City achieving the Corruption-Free Areas and Clean and Serving Bureaucracy Areas in Government Institutions predicates between 2022 and 2024. The writing of this paper uses a sociological juridical method. The author analyzes the legal material that gets by going directly to the location for collecting data and interviewing with the parties that related. The author analyzes it using descriptive analysis techniques by collecting the results of interviews and drawing conclusions. Based on the research results, using the previously mentioned research questions and methods, the author obtained answers to the problems regarding the implementation of the Integrity Zone evaluation and supervision by the Malang City Regional Inspectorate. Firstly, there is a lack of commitment from the work units involved in the ZI development. Secondly, the heavy workload of the work units prevents them from optimally fulfilling the ZI requirements. These problems resulted in work units failing to achieve the WBK and WBBM predicates, leading to a decrease in their number between 2022 and 2024.]]>
