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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 73 Documents
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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.
Pentingnya Kebutuhan Regulasi Kualifikasi Trustee Individu Setelah Pemberlakuan Undang-Undang Nomor 4 Tahun 2023 Apsarini, Fairuz Larissa; Shinta Puspita Sari
RechtJiva Vol. 3 No. 1 (Maret 2026)
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Abstract

This study discusses the urgency of regulating the qualifications of individual trustees after the enactment of Article 34 paragraph of Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector (P2SK Law), which opens up opportunities for individuals to act as trustees, but has not been accompanied by implementing regulations as mandated by Article 39, thus creating a legal vacuum and uncertainty in trustee practices. This study aims to analyze the urgency of regulating the qualifications of individual trustees in the P2SK Law. The study uses a normative juridical method with a legislative and conceptual approach, with legal materials analyzed descriptively through grammatical interpretation of relevant national and foreign provisions. The results of the study show that philosophically, this regulation is a manifestation of the 2nd and 5th principles of Pancasila to ensure fair treatment and legal protection for the community. Sociologically, the increasing complexity of the financial sector and the need for professional asset management require regulations that can protect the interests of settlors and beneficiaries. Juridically, Article 34 paragraph (3) of the P2SK Law, which allows individuals to become trustees, namely individuals appointed to manage trust assets for beneficiaries with assets separate from their personal property, will become non-executable and create a legal vacuum. Therefore, a Government Regulation is needed as a legal umbrella that delegates technical regulations to the Financial Services Authority (OJK) to form a special POJK regarding individual trustees in order to create legal certainty and protection for all related parties.
Penegakan Hukum Pemilu di Provinsi Gorontalo: Telaah Kritis terhadap Implementasi Undang-Undang Pemilu Muin, Juliansyah; Ismail, Dian Ekawaty; Ahmad
RechtJiva Vol. 3 No. 1 (Maret 2026)
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Abstract

This study examines the enforcement of election law against money politics in Gorontalo Province under Law Number 7 of 2017 on General Elections. Elections as an expression of popular sovereignty require fairness and integrity, yet in practice continue to be challenged by widespread money politics that undermines democratic values. This research employs a normative legal method with statutory and conceptual approaches, supported by secondary data and case illustrations derived from official reports of the Election Supervisory Body (Bawaslu). The findings indicate that although legal provisions on money politics are clearly regulated, their enforcement remains ineffective, as many cases fail to proceed to the judicial stage. This ineffectiveness is influenced by evidentiary difficulties, weak institutional coordination within the Integrated Law Enforcement Center (Gakkumdu), and a permissive legal culture toward transactional political practices.
Pelindungan Konstitusional Masyarakat Hukum Adat dalam Tata Kelola Energi Nasional Wijaya, Karisma Anggraeni; Qurbani, Indah Dwi; Arrsa, Ria Casmi
RechtJiva Vol. 3 No. 1 (Maret 2026)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/

Abstract

National energy development constitutes a strategic instrument of the state to achieve energy security and sustainable development. However, in practice, energy projects are often developed in areas that socially and historically constitute the living space of indigenous peoples. This situation becomes problematic when energy governance has not yet provided adequate mechanisms for protecting the rights of indigenous peoples. The absence of such protection mechanisms has the potential to trigger social conflicts, ecological degradation, and violations of the constitutional rights of indigenous peoples. This article aims to analyze the absence of protection mechanisms for indigenous peoples within national energy governance and its constitutional implications from the perspective of economic constitution. This research employs a normative legal research method using statutory, conceptual, and constitutional approaches. Legal materials were collected through library research consisting of primary, secondary, and tertiary legal sources, and were analyzed qualitatively using a descriptive-analytical method and deductive reasoning to identify normative gaps within the existing regulatory framework. The results show that national energy governance has not explicitly accommodated the recognition of customary land rights, meaningful participation, and the implementation of the Free, Prior and Informed Consent (FPIC) principle for indigenous peoples. This normative gap is inconsistent with constitutional principles that recognize and respect the existence of indigenous peoples and mandate that the management of natural resources be directed toward the greatest prosperity of the people. Therefore, strengthening rights-based energy governance is necessary through the integration of explicit protection mechanisms for indigenous peoples within the national energy legal framework.
Pentingnya Kebutuhan Regulasi Kualifikasi Trustee Individu Setelah Pemberlakuan Undang-Undang Nomor 4 Tahun 2023 Apsarini, Fairuz Larissa; Shinta Puspita Sari
RechtJiva Vol. 3 No. 1 (Maret 2026)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study discusses the urgency of regulating the qualifications of individual trustees after the enactment of Article 34 paragraph of Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector (P2SK Law), which opens up opportunities for individuals to act as trustees, but has not been accompanied by implementing regulations as mandated by Article 39, thus creating a legal vacuum and uncertainty in trustee practices. This study aims to analyze the urgency of regulating the qualifications of individual trustees in the P2SK Law. The study uses a normative juridical method with a legislative and conceptual approach, with legal materials analyzed descriptively through grammatical interpretation of relevant national and foreign provisions. The results of the study show that philosophically, this regulation is a manifestation of the 2nd and 5th principles of Pancasila to ensure fair treatment and legal protection for the community. Sociologically, the increasing complexity of the financial sector and the need for professional asset management require regulations that can protect the interests of settlors and beneficiaries. Juridically, Article 34 paragraph (3) of the P2SK Law, which allows individuals to become trustees, namely individuals appointed to manage trust assets for beneficiaries with assets separate from their personal property, will become non-executable and create a legal vacuum. Therefore, a Government Regulation is needed as a legal umbrella that delegates technical regulations to the Financial Services Authority (OJK) to form a special POJK regarding individual trustees in order to create legal certainty and protection for all related parties.
Analisis Hukum Internasional Terhadap Perlindungan Underwater Cultural Heritage di Wilayah Perairan Dalam Yurisdiksi Nasional Wulandari, Annindya Jasmine; Puspitawati, Dhiana; Madjid, Yasniar Rachmawati
RechtJiva Vol. 3 No. 1 (Maret 2026)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/

Abstract

This study addresses the issue of legal uncertainty regarding the protection of underwater cultural heritage (UCH) in waters under national jurisdiction, resulting from the absence of detailed provisions on the protection of UCH in such waters under national jurisdiction in the 1982 UNCLOS, which has led to legal uncertainty. UCH is regulated by the UCH Convention, which addresses the legal uncertainty regarding UCH protection in UNCLOS 1982. In this context, non-member states of the UCH Convention face legal uncertainty regarding the protection of UCH in waters under national jurisdiction, particularly regarding the argument that UCH can be “equated” with natural resources. Based on this, this research raises the following research questions: (1) How is the protection of UCH regulated under international law? (2) How is the legal protection of UCH in waters under national jurisdiction conceptualized, specifically, can UCH be considered a natural resource? This research employs a normative legal methodology using a statutory approach and an analytical approach, and analyses legal materials using qualitative methods. Research findings indicate that the international legal framework governing UCH, as established under UNCLOS 1982, is too ambiguous to provide a valid legal basis for the protection of UCH. The provisions of the UCH Convention comprehensively address the protection of UCH. The concept of legal protection for UCH in waters under a state’s national jurisdiction, as outlined in the UCH Convention, does not classify UCH as a natural resource. The UCH Convention has specifically provided a concept of protection for UCH in waters under national jurisdiction. Therefore, it is important for countries around the world to carry out the ratification procedures for this convention.
Penguatan Sanksi Tindakan Terhadap Anak Pelaku Kekerasan Seksual melalui Model Parenting Order Cahyaningrum, Nadya; Endrawati, Lucky; Maharani, Febrianika
RechtJiva Vol. 3 No. 1 (Maret 2026)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/

Abstract

This research is motivated by the existence of normative ambiguity in Article 82 paragraph (1) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA), particularly regarding the measure of returning a child to parental custody, which is not accompanied by clear mechanisms for guidance, supervision, and legal obligations. This condition has resulted in inconsistencies in the imposition of sanction measures on child offenders of sexual violence crimes in judicial practice. This study aims to analyze the basis of judges’ considerations in imposing criminal penalties and measures in several juvenile court decisions, to examine the strengths and weaknesses of the types of sanction measures regulated under the UU SPPA, and to assess the relevance of the parenting order model in England as an alternative for strengthening sanction measures within the juvenile criminal justice system in Indonesia. The research employs a normative juridical method with statutory, case, conceptual, and comparative approaches. The primary legal materials consist of statutory regulations and court decisions, while the secondary legal materials include legal literature and academic journals. The results indicate that differences in the imposition of criminal penalties and measures are influenced by variations in judges’ interpretations of the age of criminal responsibility, the objectives of punishment, and the absence of clear guidelines in the application of sanction measures. Furthermore, the measure of returning a child to parental custody has fundamental weaknesses due to the lack of enforceable obligations and measurable supervision mechanisms. Therefore, the parenting order model in England is considered applicable as an alternative for strengthening sanction measures in order to enhance the effectiveness of child rehabilitation and prevent the recurrence of criminal behavior.
Kewajiban Human Rights Due Diligence Bagi Perusahaan Dalam Kerangka Environmental Social Governance Di Indonesia Almer, Muhammad Almer Levaryan; Syahrul Sajidin
RechtJiva Vol. 3 No. 1 (Maret 2026)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/

Abstract

The implementation of Environmental, Social, and Governance (ESG) principles in Indonesia, particularly concerning Human Rights protection, faces significant challenges due to the absence of binding regulations. Current regulations, such as Presidential Regulation No. 60 of 2023, remain voluntary and serve merely as strategic guidelines, proving ineffective in preventing corporate human rights violations or providing remedies for victims. This research aims to analyze the urgency of regulating Human Rights Due Diligence (HRDD) obligations and formulate an ideal legal framework using a normative juridical method with a comparative approach to Germany’s Lieferkettensorgfaltspflichtengesetz (LkSG). The findings confirm that transitioning to a mandatory regime is critical on philosophical, juridical, and sociological grounds to address the current legal vacuum. This study proposes a statutory framework requiring companies to implement comprehensive human rights risk management, ranging from identification to remediation. This formulation must include strict sanctions, such as administrative fines based on profit percentages and business license suspensions. This legislative step is crucial not only for ensuring human rights protection and legal certainty.
Urgensi Pengaturan Pertanggungjawaban Pidana atas Tindakan yang Dilakukan oleh Autonomous Artificial Intelligence Yudhistira, Ade Rangga Permana; Zakaria, Alfons
RechtJiva Vol. 3 No. 1 (Maret 2026)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/

Abstract

The rapid advancement of Autonomous Artificial Intelligence (Autonomous AI) has introduced significant legal challenges, particularly concerning criminal liability for independent AI actions without human intervention. In Indonesia, this issue is exacerbated by regulatory gaps within the Criminal Code (KUHP) and the Electronic Information and Transactions Law (UU ITE), which currently do not accommodate autonomous non-human entities. Utilizing a normative juridical research method with statutory, conceptual, and comparative approaches specifically referencing the EU AI Act this study highlights a critical void in applying the principles of mens rea and actus reus to AI systems. Consequently, this research recommends a comprehensive legal reform of the KUHP and UU ITE, proposing a risk-based liability model, mandatory human oversight for high-risk systems, and algorithmic transparency to ensure legal certainty and foster safe, ethical AI innovation in Indonesia.

Page 7 of 8 | Total Record : 73

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