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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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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)
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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)
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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.
Pengenaan Biaya Tambahan Pada Transaksi Jual Beli Di E-commerce dan Marketplace
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.v2n3.7

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.
Urgensi Pelaksanaan Program Kebijakan Industri Hijau sebagai Upaya Melestarikan Lingkungan Hidup di Indonesia
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.v2n2.1

Abstract

National industries must anticipate the rise of environmental issues in national and international trade, in order to remain competitive with other countries. The Ministry of Industry has responded to this by including Green Industry as an important part of the National Industrial Development Master Plan 2015 – 2035. To encourage the industrial sector to apply the principles of green industry. Therefore, this study is aimed at measuring environmental performance for several industries in Indonesia so that they can be aware of their readiness to apply green industry standards.  This researchuses normative methods, normative legal research is defined as research that refers to legal norms contained in laws and regulations and court decisions. Normative legal research can also be referred to as doctrinal legal research.  The application of environmental management and the concept of green industry requires a comprehensive understanding. For this reason, an integrated basic concept is needed. The concept of green industry is the integration of planning and implementation of environmental management in industrial management. It is called green industry  , which means an environmentally friendly industry. Environmental Management has been given a place in conjunction with the design process to the operation of an industry.
Keabsahan Perkawinan Kedua Penganut Katolik Tanpa Adanya Anulasi Setelah Perceraian Perkawinan Pertama
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.v2n3.8

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)
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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.
Cyber Phishing dan Penegakan Hukumnya: Peran Krusial Penyidik Menurut UU ITE
RechtJiva Vol. 2 No. 2 (Juli 2025)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v2n2.3

Abstract

Online fraud through cyber phishing techniques using electronic media has emerged as a rapidly evolving form of cybercrime, posing serious challenges to law enforcement agencies. This study aims to analyze the role of investigators in handling cyber phishing cases within the jurisdiction of the Gorontalo Regional Police and to identify the obstacles encountered during the investigation process, in accordance with Law Number 19 of 2016 concerning Electronic Information and Transactions. This research adopts an empirical juridical approach, utilizing data collected through in-depth interviews and document analysis. The findings reveal that investigators face various challenges, including limited access to digital forensic tools, the perpetrators’ use of false identities, and insufficient coordination with external institutions such as banks and internet service providers. These obstacles contribute to the low effectiveness of cyber phishing investigations, despite the increasing number of reported cases. Therefore, strengthening investigator capacity through specialized digital forensic training and establishing more systematic inter-agency coordination mechanisms are urgently needed to enhance the enforcement of laws against cyber phishing crimes.
National Law in the Shadow of International: Is the Constitution Still Sovereign?
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.v2n3.1

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.

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