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Adam Mudinillah
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INDONESIA
Rechtsnormen: Journal of Law
Published by Yayasan Adra Karima Hubbi
ISSN : 29884454     EISSN : 29884462     DOI : 10.70177/rjl
Core Subject :
Rechtsnormen: Journal of Law is a leading international journal focused on the global exchange of knowledge in Law as well as advancing research and practice across law disciplines. The journal provides a forum for articles reporting on original research, systematic and scholarly reviews focused on law from around the world. Rechtsnormen: Journal of Law publishes national and international research in an attempt to present a reliable and respectable information source for the researchers. Rechtsnormen: Journal of Law has been published since 2023 and is published quarterly. However, since 2025, this journal has changed the number of publications, i.e., bi-monthly | February, April, June, August, October, and December. Articles submitted for publication are subject to a double-blind review process. This journal publishes original articles in English.
Arjuna Subject : -
Articles 132 Documents
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Empirical Legal Research Methods: Applications in Legal Research in Indonesia Retno Widyani; Li Wei; Wang Jun
Rechtsnormen: Journal of Law Vol. 3 No. 4 (2025)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v3i4.2095

Abstract

Background. Empirical legal research methods have gained increasing significance in legal scholarship, offering insights into the real-world application and outcomes of laws. In Indonesia, the use of these methods remains relatively underexplored despite the growing need for evidence-based policy and legal reforms. Legal research in Indonesia has traditionally relied on doctrinal methods, but empirical approaches have the potential to enhance the understanding of how legal systems function in practice and how laws impact society. Objective. This study aims to explore the applications of empirical legal research methods in legal research in Indonesia. The research focuses on examining how these methods can be effectively implemented in the context of Indonesian legal research to address pressing legal issues and improve the legal system's overall effectiveness. Method. A qualitative research design was employed, combining a review of existing literature, case studies, and interviews with legal scholars, practitioners, and policymakers. The study also analyzed existing empirical research on legal issues in Indonesia to identify current trends and gaps in research. Results. The findings suggest that empirical methods, such as surveys, interviews, and case studies, are increasingly being adopted in Indonesian legal research, though challenges remain in terms of resources, training, and institutional support. Conclusion. Empirical legal research holds significant potential for advancing legal scholarship in Indonesia. There is a need for greater integration of these methods to enhance the quality and relevance of legal research and inform legal reforms.
Effectiveness of Pretrial in Testing the Legality of Arrest and Detention Sri Primawati Indraswari; Rachel Chan; Ava Lee
Rechtsnormen: Journal of Law Vol. 3 No. 3 (2025)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v3i3.2096

Abstract

Background. Pretrial procedures play a vital role in testing the legality of arrest and detention, ensuring that individuals' rights are protected against arbitrary detentions. Legal safeguards such as judicial review of arrests are essential in preventing abuses of power by law enforcement agencies. In many jurisdictions, pretrial hearings serve as a critical mechanism to determine whether there is enough evidence to justify continued detention, thus promoting the rule of law and human rights protection. Objective. This study aims to evaluate the effectiveness of pretrial hearings in testing the legality of arrest and detention. The research investigates how these procedures influence the protection of individual rights and the overall functioning of the justice system. Method. A qualitative research design was employed, utilizing case studies, legal analysis, and interviews with legal professionals, detainees, and human rights advocates. Data were collected from multiple jurisdictions to assess the impact of pretrial procedures on the legality of detention. Results. The findings suggest that pretrial hearings are an effective mechanism for testing the legality of arrests and detentions, but their application is inconsistent, with some jurisdictions lacking adequate legal frameworks to ensure timely and fair reviews. Conclusion. The study concludes that while pretrial hearings can significantly contribute to the protection of individual rights, improvements in procedural consistency and access to legal representation are needed to enhance their effectiveness.
Legal Aspects in Mergers and Acquisitions (M&A) in Indonesia Sri Primawati Indraswari; Vishal Yadav; Ananya Rao
Rechtsnormen: Journal of Law Vol. 3 No. 4 (2025)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v3i4.2097

Abstract

Background. Mergers and acquisitions (M&A) are integral to corporate strategies, playing a crucial role in business expansion and market consolidation. In Indonesia, the legal framework surrounding M&A is complex and influenced by various laws and regulations. The legal aspects of M&A transactions, including corporate governance, antitrust laws, and the protection of minority shareholders, are pivotal in ensuring that these corporate actions are legally sound and contribute to economic development. Objective. This study aims to analyze the legal aspects of mergers and acquisitions in Indonesia, focusing on the regulatory framework, legal procedures, and challenges faced by companies engaged in M&A. The research seeks to identify key legal considerations that impact the success and failure of M&A transactions in Indonesia, with a particular focus on corporate governance and antitrust regulations. Method. A qualitative research design was employed, utilizing legal document analysis, case studies, and interviews with legal professionals, corporate lawyers, and business executives. This approach allows for a comprehensive understanding of the legal landscape and practical challenges in M&A transactions. Results. The findings indicate that while Indonesia has a well established legal framework for M&A, issues related to regulatory compliance, transparency, and legal enforcement remain significant obstacles. Conclusion. The study concludes that while the legal aspects of M&A in Indonesia are progressing, further improvements in regulatory clarity, enforcement, and corporate governance are needed to foster a more conducive environment for M&A transactions.
Regulating Algorithmic Bias: Normative Challenges of AI Ethics in Automated Decision-Making Magnus Andersson; Maria Lindström; Johan Nilsson
Rechtsnormen: Journal of Law Vol. 3 No. 3 (2025)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v3i3.2214

Abstract

Background. The integration of artificial intelligence (AI) into automated decision-making systems has introduced significant ethical and legal concerns, particularly regarding algorithmic bias. Purpose. These biases can perpetuate systemic discrimination, distort outcomes in critical sectors such as healthcare, finance, and criminal justice, and challenge the foundational principles of fairness and transparency. Despite widespread recognition of the issue, there remains a normative gap in regulatory responses across jurisdictions.   Method. This study aims to explore the ethical challenges of algorithmic bias and assess the adequacy of existing legal frameworks in addressing these concerns. Results. Using a normative legal research design, the study employs comparative analysis across selected regulatory regimes in the EU, US, and Asia, supported by doctrinal analysis of AI-related policies and ethical codes. Findings reveal fragmented regulatory landscapes, a lack of binding accountability mechanisms, and insufficient integration of ethical principles into enforceable legal norms. Conclusion. The study concludes that an interdisciplinary approach merging ethical theory with legal doctrine is essential to regulate algorithmic bias effectively. A normative framework grounded in transparency, accountability, and inclusivity is proposed to guide future legislation and policy development.
Blockchain-Based Evidence and Legal Validity: Reformulating Norms for Decentralized Justice Systems Carlos Pérez; Isabel López; Francisco López
Rechtsnormen: Journal of Law Vol. 3 No. 2 (2025)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v3i2.2215

Abstract

Background. The increasing integration of blockchain technology into legal frameworks necessitates a critical re-evaluation of how evidence and legal validity are conceptualized within decentralized justice systems. Traditional jurisprudence relies on centralized authority for the authentication and admissibility of evidence. However, blockchain’s immutable and decentralized nature offers new paradigms for trust, transparency, and verification raising both opportunities and challenges in adapting current legal norms. Purpose. This study aims to explore the legal implications of blockchain-based evidence, focusing on the reformulation of evidentiary and procedural standards in decentralized environments. Method. Using a qualitative juridical-normative method, this research analyzes comparative case studies, statutory instruments, and international best practices in blockchain jurisprudence. Results. The results demonstrate a significant gap in current legal structures regarding the recognition and standardization of digital ledger evidence. Key challenges include the absence of uniform protocols, jurisdictional discrepancies, and the epistemological shift required in legal reasoning. Conclusion. This study concludes that a comprehensive legal framework is imperative to ensure the legitimacy and enforceability of blockchain-generated evidence. Reformulating evidentiary norms aligned with decentralized principles is not only necessary but urgent to uphold justice in emerging digital ecosystems.
The Disruption of Labor Law in the Platform Economy: Towards a Normative Reconfiguration Hermanto Hermanto; Pieter Hendriks; Sophie Vermeer
Rechtsnormen: Journal of Law Vol. 3 No. 3 (2025)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v3i3.2216

Abstract

Background. The emergence of the platform economy characterized by gig work, algorithmic management, and digital intermediation has profoundly challenged traditional labor law frameworks. Conventional legal categories such as “employee” and “employer” often fail to capture the complexity of work relationships within platform-based environments. As a result, workers engaged in ride-sharing, food delivery, and other digital services are frequently excluded from fundamental labor protections, including minimum wage, social security, and collective bargaining rights. Purpose. This study aims to critically examine how platform-mediated work disrupts existing labor law norms and to propose a normative reconfiguration that reflects the evolving nature of work. Method. The study involved 288 university students from Chinese, Japanese, and Korean TFL settings, and the data from questionnaires were analysed using appropriate statistical methods. Results. The findings reveal widespread legal fragmentation, insufficient protection for platform workers, and a growing tension between labor flexibility and social security. Conclusion. The study concludes that a redefinition of labor status and regulatory categories is essential for restoring legal coherence and ensuring just working conditions in the platform economy. A hybrid regulatory model integrating digital rights with labor standards is proposed as a pathway forward.
Legal Pluralism in Postcolonial Nations: Reconciling Customary, Religious, and State Norms in Judicial Practices James Kirunda; Helen Nabirye; Ronald Muwanguzi
Rechtsnormen: Journal of Law Vol. 3 No. 3 (2025)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v3i3.2217

Abstract

Background. Postcolonial nations often grapple with the coexistence of multiple legal systems, including state law, customary norms, and religious legal traditions. This legal pluralism reflects historical layers of colonization, indigenous governance, and religious authority, yet it frequently results in normative conflicts within judicial processes. Courts are regularly confronted with cases that require navigating overlapping legal frameworks, raising questions about authority, legitimacy, and the equitable treatment of diverse legal subjects. Purpose. This study aims to critically examine how postcolonial judicial systems reconcile these competing normative orders in practice. Method. Employing a comparative socio-legal methodology, the research analyzes judicial decisions and legal frameworks from Indonesia, Nigeria, and India countries characterized by entrenched plural legal structures. Results. The findings reveal that while legal pluralism is often constitutionally acknowledged, its practical implementation is marked by selective incorporation, strategic ambiguity, and jurisdictional contestation. Courts act as sites of normative negotiation, where customary and religious laws are either validated, reinterpreted, or subordinated to state law. Conclusion. The study concludes that achieving legal coherence in postcolonial contexts requires more than doctrinal reform; it demands a rethinking of legal authority that embraces pluralism while safeguarding human rights and procedural fairness.
Digital Green Laws: The Role of Legal Norms in Advancing Climate Technology for Sustainable Development Deni Yusup Permana; Stefan Mihaila; Radu Popa
Rechtsnormen: Journal of Law Vol. 3 No. 3 (2025)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v3i3.2218

Abstract

Background. The intersection of environmental governance and digital innovation has introduced new opportunities for addressing climate change through technology-driven solutions. However, the role of legal norms in facilitating or hindering the development and deployment of climate technologies remains underexplored. Purpose. This study investigates how legal frameworks can effectively support digital green technologies such as AI-based environmental monitoring, blockchain for carbon tracking, and smart infrastructure for renewable energy as tools for achieving sustainable development goals.   Method. The research aims to examine the normative gaps, institutional barriers, and regulatory innovations needed to align legal systems with emerging climate technologies. Employing a normative-legal research design combined with comparative policy analysis, the study evaluates legal instruments from the European Union, Singapore, and selected developing countries. Results. The findings indicate that while some jurisdictions have begun to integrate digital green laws into their climate strategies, others lag due to regulatory fragmentation, data governance challenges, and insufficient legal innovation.   Conclusion. The study concludes that adaptive, principle-based legal frameworks are essential to accelerate climate tech deployment while ensuring transparency, equity, and sustainability. A proactive legal architecture is critical for steering climate technology toward inclusive and effective environmental governance.
Law Enforcement on The Practice of Thuggery in Indramayu Regency Arief Rachman Maulana; Dimas Furwanto; Virlie Meylody; Sri Primawati Indraswari; Gunadi Rasta
Rechtsnormen: Journal of Law Vol. 3 No. 2 (2025)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v3i2.2258

Abstract

Background. Thuggery is increasingly prevalent in every social activity. Not only does it cause fear in the community, but the practice of thuggery is also the cause of the decline in the level of public trust in Law enforcement. The study formulates the problem by examining how the modus operandi is often used in the practice of thuggery in Indramayu Regency and how law enforcement can overcome the practice of thuggery. Purpose. This study aims to analyze the modus operandi used in thuggery activities and understand and evaluate law enforcement's effectiveness in thuggery. Methods. The research method used is Empirical Jurisprudence. Direct observation was carried out in areas with a relatively high level of thuggery in Indramayu Regency. Result. The study's results show that one mode of thuggery often encountered in Indramayu Regency is Illegal Levy under the pretext of selling mineral water. Conclusion. Law enforcement consists of several aspects, such as the legal factors themselves, law enforcement factors, facilities and facilities factors, community factors, and cultural factors.   Implementation. Law enforcement is strengthened by increasing legal awareness in the community and implementing stricter sanctions to reduce the practice of thuggery in the future.
Optimization of Legal Policies Against Trademark Rights Violations Based On Restitution Grace Putri Hastino; Elina Fauziah; Vina Maylani; Teddy Asmara; Ari Nurhaqi
Rechtsnormen: Journal of Law Vol. 3 No. 5 (2025)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v3i5.2259

Abstract

Background. Trademark counterfeiting is a significant violation of Intellectual Property Rights (IPR)and has emerged as an important issue within the legal and economic framework Purpose. This research aims to analyse the basic concept of trademark infringement and how to optimize legal policy against restitution-based trademark infringement. Methods. Using normative juridical research method (doctrinal) with a descriptive and analytical nature, data collection techniques are done through literature review, content analysis, and case studies with qualitative analysis. Result. The results show that trademark infringement is an economic criminal offence that significantly harms the owner. Law Number 20 of 2016 still focuses on criminal punishment without guaranteeing the recovery of victims' losses. Conclusion. Therefore, restitution as part of criminal sanctions is very important to realise complete justice. Implementation. By integrating restitution into the criminal process, Indonesian law can better protect intellectual property rights and provide fair and adequate protection for brand owners.

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