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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 80 Documents
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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)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v3n1.1

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.
Perlindungan Kreditor atas Gagal Bayar Kredit Tanpa Agunan dalam Koperasi Syariah Saputro, Neno Achmad Wahyu; Winarno, Bambang; Purborini, Vivi Sylvia
RechtJiva Vol. 3 No. 1 (Maret 2026)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v3n1.3

Abstract

Unsecured credit schemes are widely implemented by sharia-based cooperatives to support members’ financial needs. However, the absence of collateral increases the risk of default and weakens the legal position of creditors. This study aims to analyze the forms of legal protection available to creditors and the mechanisms for resolving default in unsecured credit agreements within a sharia cooperative environment. The research employs an empirical legal method with a sociological-juridical approach. Data were collected through interviews with cooperative management and analysis of relevant documents, including internal policies and credit agreements. The findings reveal that creditor protection is primarily implemented through prudential principles, particularly the application of the 5C analysis (Character, Capacity, Capital, Collateral, and Condition), although the collateral element is not physically applied. Legal protection is further strengthened through written agreements, salary-deduction mechanisms, internal mediation, and persuasive settlement approaches. When non-litigation efforts fail, legal action remains an available option based on general civil law provisions. This study concludes that despite the absence of collateral, creditors can obtain adequate legal protection through preventive and repressive legal measures, provided that contractual clauses are formulated clearly and prudential principles are consistently enforced. Strengthening contractual arrangements is essential to ensuring legal certainty and minimizing financial risks for sharia cooperatives.
Dari Penertiban Ke Pemberdayaan: Urgensi Pembentukan Peraturan Daerah Tentang Pedagang Kaki Lima Ishak, Dicky Aldines; Abdussamad, Zamroni; Ahmad
RechtJiva Vol. 3 No. 1 (Maret 2026)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v3n1.2

Abstract

The presence of Street Vendors (PKL) is an important part of the informal economic sector, contributing significantly to the local economy, particularly in providing employment and distributing goods and services to the community. However, the growth of street vendors not accompanied by a comprehensive arrangement system often leads to social, legal, and spatial planning issues, especially in areas that do not yet have specific regulations. This article aims to analyze the urgency of establishing a Regional Regulation on the arrangement and empowerment of Street Vendors in Gorontalo Regency and to examine the ideal scope of regulation thru a Regulatory Impact Assessment (RIA) approach. This research uses a normative legal research method with a legislative, conceptual, and case approach. The research results indicate that the absence of local regulations leads to legal uncertainty, social conflict, and weak protection and empowerment of street vendors. The formation of Regional Regulations has become an urgent need to create orderly, fair, and inclusive street vendor governance. Thru the RIA approach, it was found that the ideal regulation should include aspects of data collection, zoning, simple licensing, economic empowerment, legal protection, and cross-sectoral coordination. This article concludes that the formation of Regional Regulations on Street Vendors is a strategic step in regulating public space without sacrificing the economic sustainability of small communities.
Urgensi Rekonseptualisasi Undang-Undang Penataan Ruang Terhadap Transfer Of Development Rights De Ekberg, Jasmine Rahmafiola; Koeswahyono, Imam; Adianto, Daru
RechtJiva Vol. 3 No. 1 (Maret 2026)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v3n1.10

Abstract

There is an element of incompleteness of law in Law Number 26 of 2007 concerning Spatial Planning because there is no concept of Transfer of Development Rights (TDR), especially in the aspect of the scheme between parcels (land plots) above land rights, such as Ownership Rights and Building Use Rights (HGB), and currently the legal practice of Transfer of Development Rights (TDR) has been carried out, but Transfer of Development Rights (TDR) has no legal basis. This study aims to determine the urgency in reconceptualizing Law Number 26 of 2007 concerning Spatial Planning related to Transfer of Development Rights (TDR) between parcels (land plots) above land rights, especially Ownership Rights and Building Use Rights (HGB) as an effort to control spatial planning; and to determine the limits of regulations on Transfer of Development Rights (TDR) between parcels (land plots) above land rights, especially Ownership Rights and Building Use Rights (HGB) in Law Number 26 of 2007 concerning Spatial Planning. This study uses a normative legal method using a legislative approach and a conceptual approach. The results of the study indicate that there is an urgency to reconceptualize Law Number 26 of 2007 concerning Spatial Planning, namely so that Transfer of Development Rights (TDR) has a legal basis, Transfer of Development Rights (TDR) is one of the instruments in controlling the use of space, Transfer of Development Rights (TDR) is one form of incentive, in order to provide legal certainty in conducting Transfer of Development Rights (TDR)  transactions, as well as the essence of justice in Transfer of Development Rights (TDR) for both parties conducting Transfer of Development Rights (TDR). Not all concepts need to be regulated, to whom the rights are attached (the area to its owner or area manager), given once or periodically.
Implementasi Doktrin Police Power  Sebagai Dasar Ekspropriasi Investor-Negara Herlambang, Alyssa; Ruslijanto, Patricia Audrey; Ula, Hikmatul
RechtJiva Vol. 3 No. 2 (Juli 2026)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/

Abstract

The increasing tension between investor protection and state regulatory authority has intensified debates in international investment law, particularly concerning indirect expropriation claims in investor–state disputes. While bilateral investment treaties generally require compensation for expropriation, states frequently invoke the police power doctrine to justify regulatory measures adopted for public welfare objectives without incurring compensation obligations. However, the absence of clear normative boundaries has generated legal uncertainty in arbitral practice. This research aims to examine the criteria under which the police power doctrine may serve as a valid justification for state measures alleged to constitute expropriation, and to analyze the legal consequences arising from its application in investor–state disputes. The study employs a normative juridical method using statutory, conceptual, and case approaches. Primary legal materials include bilateral investment treaties, UNCTAD publications, and arbitral awards. The findings demonstrate that the police power doctrine operates as a legitimate exception to compensation when state measures are enacted in good faith, pursue a genuine public purpose, are non-discriminatory, comply with due process, and satisfy proportionality requirements. When these criteria are fulfilled, regulatory actions do not amount to compensable indirect expropriation. This framework contributes to strengthening legal certainty while preserving the regulatory autonomy of states under international law.
Kriminalisasi Sekstorsi dalam KUHP 2023: Urgensi Pengaturannya Nurhaliza, Eva; Zakaria, Alfons
RechtJiva Vol. 3 No. 2 (Juli 2026)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/

Abstract

Sexual extortion (sextortion) is a crime combining extortion and sexual violence through abuse of power to coerce victims into sexual services. Despite its serious impact on human dignity and public trust, Indonesia's criminal law, including the 2023 Criminal Code, has not explicitly regulated sextortion as a separate offense, creating legal impunity for perpetrators and inadequate victim protection. This study analyzes the urgency of regulating sextortion and formulates an ideal legal provision through comparative study. Using normative juridical methods with statutory, comparative, and conceptual approaches, this research examines primary materials from Indonesian laws and secondary materials from Alabama Code § 13A-6-241 and Arkansas Code § 5-14-113. The findings reveal three fundamental urgencies: protecting human dignity from non-physical coercion, preventing exploitation of power asymmetry, and establishing clear legal boundaries between extortion and sexual violence. Based on comparative analysis, the ideal formulation must adopt objective elements including threats to compel sexual acts by exploiting power relations, along with subjective elements of perpetrator intent. The offense should be categorized as an ordinary crime with proportional criminal sanctions to protect victim dignity and prevent sexually motivated abuse of power.
Rekategorisasi Aset Kripto sebagai Objek Pajak Pertambahan Nilai Berdasarkan Asas Keadilan Perpajakan Zulfahmi; Paramitha, Amelia Ayu; Rifan, Mohamad
RechtJiva Vol. 3 No. 2 (Juli 2026)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/

Abstract

This article examines the recategorization of crypto assets as objects of Value-Added Tax (VAT) through an analysis of Article 2 paragraph (1) of Minister of Finance Regulation Number 50 of 2025, which exempts crypto assets from VAT by equating them with securities. Two legal problems are addressed: whether the Minister of Finance possesses delegated authority to categorize crypto assets as securities, and how crypto assets should be recategorized so that their tax treatment fulfills the principle of fairness. Using normative legal research with statutory and conceptual approaches, the study finds that the Minister of Finance lacks valid delegated authority because none of the laws cited as the regulation's legal basis—the Financial Sector Development and Strengthening Law, the VAT Law, the Income Tax Law, and the General Tax Provisions Law expressly delegates such power, whereas the determination of tax objects is substantive material reserved for statute under Article 23A of the 1945 Constitution. Furthermore, applying the Howey Test and the 2026 SEC-CFTC Report, of six crypto asset categories analyzed only digital securities qualify as securities, while the remaining five should remain subject to VAT. Recategorization must therefore be implemented through hierarchical legal harmonization spanning the VAT Law, the P2SK Law, the regulation itself, and Financial Services Authority regulations.
Tinjauan Yuridis Pelanggaran terhadap Kedaulatan Teritorial Venezuela oleh Amerika Serikat dalam Perspektif Hukum Internasional Romadhon, Wahyu Fajar; Paramita, Pinastika Prajna; Na’im, Mohammad Imamin
RechtJiva Vol. 3 No. 2 (Juli 2026)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/

Abstract

This study examines the legality of the United States military operations against Venezuela and the arrest of Venezuelan President Nicolás Maduro in January 2026 from the perspective of International Law. It aims to analyze whether these actions violate the principles of state sovereignty, territorial integrity, the prohibition on the use of force, and the immunity of heads of state.  The research employs a normative juridical method with statutory, conceptual, and case-based approaches. The legal materials consist of international treaties, UN resolutions, judgments of the International Court of Justice, and legal doctrines.  The findings indicate that the United States’ military operation constitutes an unlawful use of force under Article 2(4) of the UN Charter and cannot be justified under Article 51 concerning the right of self-defense. The arrest of Nicolás Maduro also contradicts the principles of territorial sovereignty, non-intervention, and immunity ratione personae of a sitting head of state.  Accordingly, the actions of the United States can be categorized as a military intervention that violates fundamental principles of International Law. This study contributes to the development of International Law by clarifying the legal limits of the use of force and extraterritorial law enforcement against foreign heads of state, and by affirming that combating transnational crime cannot override the fundamental principles of International Law.
Konstruksi Kewenangan Direktorat Jenderal Pajak Atas Pengelolaan Barang Sitaan Pajak yang Gagal Dilelang Berulang Kali Aerolla, Grevitha; Permadi, Haru; Rahmawan, Triya Indra
RechtJiva Vol. 3 No. 2 (Juli 2026)
Publisher : RechtJiva

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

Abstract

Tax revenue constitutes 83.34% of Indonesia's total state income in 2025, making the effectiveness of tax collection a crucial factor for national financing. The seizure of taxpayer assets subsequently sold through public auction represents one of the strongest collection instruments available. However, data indicates that auction success rates remain low and no existing legal provision governs the fate of seized assets that repeatedly fail to sell at auction as the statute of limitations approaches. This study aims to formulate an ideal legal construction governing the authority of the Directorate General of Taxes (DGT) in managing tax-seized assets that repeatedly fail to sell at auction prior to the expiration of the collection statute of limitations, and to determine the most appropriate form of legislation through which such authority should be established. This study employs a normative juridical method with statute, conceptual, and case approaches, analyzed through legal discovery techniques. The findings indicate that the ideal legal construction is the granting of authority to the DGT to manage seized assets that fail to sell after three auction attempts by adopting the asset management mechanism for excisable goods and other goods under Ministerial Regulation No. 17 of 2024, namely by transferring such assets into State-Controlled Assets and State Property. The appropriate legislative form is a three-tiered regulatory package commencing with an amendment to the Tax Collection Law through the insertion of Article 27A governing the authority of the Directorate General of Taxes, followed by a new Government Regulation governing the procedures for designating State-Controlled Assets and State Property, and an implementing Ministerial Regulation governing the technical and administrative details thereof.
Analisis Penafsiran Hakim terhadap Nusyuz dan Hak Nafkah 'Iddah dalam Pasal 152 KHI Afadhoh, Chrisna Lailatul; Bahri, Syaiful; Fakhria, Sheila
RechtJiva Vol. 3 No. 2 (Juli 2026)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/

Abstract

Differences in the interpretation of the concept of nusyuz under Article 152 of the Compilation of Islamic Law (Kompilasi Hukum Islam—KHI) have led to differing applications of the law concerning a former wife's entitlement to iddah maintenance following divorce. One such difference is reflected in Decision Number 277/Pdt.G/2020/PA.Kdr., in which the panel of judges awarded iddah maintenance and mut'ah to a wife who had been declared nusyuz. This study aims to analyze the judges' method of interpreting the concept of nusyuz in the decision and to assess its conformity with the concept of nusyuz according to the Shafi'i school of Islamic jurisprudence. This research employs a normative legal method using an Islamic law (fiqh) approach. The primary legal materials consist of the Compilation of Islamic Law, relevant statutory regulations, and Decision Number 277/Pdt.G/2020/PA.Kdr., while the secondary legal materials include classical and contemporary fiqh literature, books, and scholarly journal articles. Legal materials were collected through library research and document analysis and were subsequently examined using a prescriptive legal approach. The findings indicate that the panel of judges applied a systematic interpretation by construing Article 152 in conjunction with Article 151 of the KHI, thereby interpreting nusyuz as a violation of a former wife's obligations during the iddah period. Based on this interpretation, nusyuz committed during the marriage does not extinguish the former wife's entitlement to iddah maintenance and mut'ah. From the perspective of the Shafi'i school of Islamic jurisprudence, however, this interpretation is not entirely consistent with the classical concept of nusyuz, which defines it as a wife's disobedience to her marital obligations while the marriage remains legally valid. Nevertheless, the judges' interpretation reflects an approach oriented toward protecting women's economic rights after divorce through considerations of justice and public benefit (maslahah).

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