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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 62 Documents
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Kedudukan Hukum Anak Korban Perkosaan Perspektif Undang-Undang Nomor 35 Tahun 2014 Tentang Perlindungan Anak dan Maqashid Syariah
RechtJiva Vol. 2 No. 1 (Maret 2025)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v2n1.2

Abstract

The ratification of Government Regulation No. 28 of 2024 concerning Health promulgated in LN.2024 / No. 135, TLN No. 6952, this has received many pros and cons responses among the public regarding the rules of abortion practice. The purpose of this study is to determine the legal position of children of rape victims from the womb until they are born after the enactment of government regulation number 28 of 2024 concerning health. This research is a normative juridical research using a legislative approach and conceptual approach. The sources of legal materials used consist of three legal materials, namely, primary, secondary, and tertiary. Collection of legal materials in the form of literature studies and analysis of legal materials using prescriptive analysis techniques, namely describing primary legal materials and secondary legal materials then given an evaluation, interpreted and documented. The method of processing legal materials with five stages, namely, editing, grouping legal materials, examining legal materials, analyzing legal materials, and conclusions. The results in this study show that children in the womb and female victims of rape get a position as legal subjects, namely the same right to life and get the same rights until the child is born, as regulated in Law Number 35 of 2014 concerning Child Protection promulgated in LN.2014 / No. 297, TLN No. 5606, that a child has received several rights including the right to live, grow, develop, and participate optimally in accordance with the dignity of humanity and children's rights are human rights. In this case the child in the womb needs to get legal protection like a child who has been born, namely, entitled to inheritance from the heir (father), the condition is that the child must be born alive, if he dies when he is born, then the child is never considered to exist and will not get inheritance. Meanwhile, when viewed from maqashid sharia, a child has the right to live, grow and develop, equal justice, equality, get care and maintenance, and children in the womb do not get inheritance rights until they are born alive.
Perlindungan Hukum Bank atas Hak Tanggungan dalam Pembatalan Sertipikat Tanah
RechtJiva Vol. 2 No. 2 (Juli 2025)
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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.
Problematika Pengakuan Hak Ulayat Antara Pasal 3 UUPA dan PMATR/KaBPN Nomor 14 Tahun 2024
RechtJiva Vol. 2 No. 3 (November 2025)
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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.
Analisis Gender Atas Penambahan Beban Administrasi Klaim PTKP Wanita Kawin: (Komparasi Hukum Indonesia Dengan Singapura)
RechtJiva Vol. 2 No. 2 (Juli 2025)
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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.
Penerapan Pengaturan Victim Impact Statement Pada Perkara Tindak Pidana Lingkungan Hidup Dalam Memenuhi Perlindungan Korban
RechtJiva Vol. 2 No. 3 (November 2025)
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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.
Reformulasi Regulasi Transisi Energi Dalam Mewujudkan Target Nationally Determined Contribution Guna Memenuhi Target Low Emission
RechtJiva Vol. 2 No. 2 (Juli 2025)
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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)
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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)
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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)
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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.
Status dan Legalitas Hukum Perdata Internasional Terhadap Perkawinan Campuran Antara WNI dengan Imigran Ilegal
RechtJiva Vol. 2 No. 3 (November 2025)
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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.

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