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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 84 Documents
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Konsep Pembagian Keuntungan Atas Pendaftaran Ekspresi Budaya Tradisional Terhadap Regulasi Hak Cipta Di Indonesia Pardosi, Gaudensio Mulagabe; Yuliati
RechtJiva Vol. 3 No. 2 (Juli 2026)
Publisher : RechtJiva

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

Abstract

This study arose from a fundamental question regarding the existence of regulations on Traditional Cultural Expressions, which have yet to be comprehensively addressed in Indonesia. Although the relevant provisions are outlined in Article 38 of Law No. 28 of 2014 on Copyright, in practice, law enforcement remains plagued by gaps in legal norms, with no specific figures regarding the benefits to be provided to Indigenous Communities, even though indigenous communities today show a very high level of enthusiasm for registering their Traditional Cultural Expressions, yet there has been no concrete recognition of benefits from the state as a form of economic support for these communities. In this study, the author uses a normative juridical method with a legislative approach and a comparative approach through a literature study. The author also explored primary, secondary, and tertiary legal sources, both offline and online, to find accurate, factual, and comprehensive data. Finally, this research was developed with qualitative analysis and grammatical interpretation to form a concrete research argument. This research has yielded one result, namely that the regulation of Traditional Cultural Expressions in Indonesia requires important components to be embedded in its regulations, such as the concept of Benefit Sharing, which is aligned with the principle of Community-Based Economic Development (CBED) as a test of the viability of indigenous communities themselves. In the future, as a form of legal innovation, there is a need for sui generis regulations in the form of a Traditional Cultural Expression Law (UU EBT), a special regulation that regulates the above concept so that in the future there will be no legal overlap in practice.
Problematika Kepastian Hukum Itsbat Nikah Atas Perkawinan di Bawah Batas Usia Bustomi, Muhammad Nizar; Sulistyarini, Rachmi; Hidayat, Fitri
RechtJiva Vol. 3 No. 2 (Juli 2026)
Publisher : RechtJiva

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

Abstract

This study is motivated by the ambiguity surrounding the phrase “impediment to marriage” in Article 7(3)(e) of the Compilation of Islamic Law (KHI). This phenomenon arises due to several Religious Court Decisions that granted requests for itsbat nikah (marriage validation) for couples under the minimum age without going through the marriage dispensation mechanism as mandated by Law No. 1 of 1974. The objective of this study is to analyze the criteria of the phrase “marriage impediment” in the aforementioned article and to examine whether the judges’ rulings granting such requests have met the principle of legal certainty. The research method employed is normative legal analysis using a statutory approach and a case approach. Legal analysis was conducted using grammatical, systematic, and extensive interpretation techniques. The results of the study indicate that the criteria for the phrase “marriage impediment” in Article 7(3)(e) of the KHI encompass four criteria that must be applied cumulatively, namely: Absolute Impediments, Religious or Belief-Based Impediments, Binding Impediments, and Conditional Impediments. The Religious Court’s decision granting itsbat nikah for a marriage below the age limit was found to lack legal certainty due to the presence of a “conditional impediment” in the form of a violation of the minimum age limit. Furthermore, this practice contradicts the guidelines of SEMA No. 7 of 2012, which stipulate that there must be no violation of the law in the marriage to be validated.
Pertanggungjawaban Pidana Korporasi atas Pelanggaran Hak Cipta Musik Komersial dalam KUHP 2023 Alda Sulani; Dian Ekawaty Ismail; Ahmad
RechtJiva Vol. 3 No. 2 (Juli 2026)
Publisher : RechtJiva

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

Abstract

This study aims to analyze the legal status and mechanism for imposing corporate criminal liability in cases of unauthorized commercial use of music copyright under the 2023 Indonesian Penal Code (KUHP), and to examine how this general criminal law provision relates to the Copyright Law (UUHC) as a specific regulatory regime. The problem addressed is a persistent liability gap in copyright enforcement, where criminal sanctions have tended to target field-level workers while corporations, as the main economic beneficiaries (crimes for corporation), largely escape legal reach. This juridical-normative research uses a statute approach and a conceptual approach, analyzing primary and secondary legal materials through qualitative analysis with deductive-inductive reasoning. The results show that Articles 45 to 49 of the 2023 Penal Code expand the legal subject of "Any Person" to include corporate entities and open the possibility of imposing criminal liability separately or jointly on a corporation and its functional management, provided the unauthorized use of music is shown to fall within business operations, generate unlawful commercial benefit, or arise from corporate policy or omission. However, these general provisions still need to be read together with the licensing and royalty mechanisms under the Copyright Law to draw a clearer line between civil and criminal liability. This study contributes a preliminary normative framework of functional criteria for shifting liability from individual field workers to the corporation, while noting that further doctrinal and empirical inquiry is still needed to fully operationalize this model in law enforcement practice.
Pemanfaatan Kredit Usaha Rakyat (KUR) oleh UMKM dalam Pengembangan Usaha di Pasar Pantai Kelurahan Malabero Ganefi; Fitriyah, Nurhani
RechtJiva Vol. 3 No. 2 (Juli 2026)
Publisher : RechtJiva

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

Abstract

Micro, Small, and Medium Enterprises (MSMEs) play a vital role in Indonesia's economy, yet MSME actors in the Pasar Pantai area of Malabero Sub-district, Bengkulu City, continue to face capital constraints and low utilization of the People's Business Credit (Kredit Usaha Rakyat/KUR) as a formal financing source. This study aims to analyze the level of KUR utilization among MSME actors in the area and identify the factors influencing its implementation from a legal perspective. The research applies an empirical legal research method with a socio-legal approach, using interviews and observation of MSME actors as primary data, combined with library research as secondary data, analyzed descriptively and qualitatively. Findings show that KUR utilization remains suboptimal, as most actors still rely on personal capital. This is driven by low financial literacy, limited understanding of credit procedures, negative perceptions of bank loans, and insufficient outreach from distributing institutions. The findings confirm that barriers to KUR implementation stem more from policy implementation (law in action) than from the regulatory substance itself (law in books), indicating that strengthening financial literacy and sustained mentorship is needed to improve KUR's effectiveness as an economic empowerment instrument for coastal MSMEs.

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