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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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Problems of Regulation of Gratification in Law Number 20 Of 2001 Concerning Amendments to Law Number 31 Of 1999 Concerning Eradication of Gratification Criminal Act of Corruption Tantri Riyadi; Firdiawanti Firdiawanti; Toha Wangse
Rechtsnormen: Journal of Law Vol. 3 No. 6 (2025)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v3i6.3007

Abstract

Background. This research aims to address the problem of regulating gratification in Article 12c of Law Number 20 of 2001. This provision provides the opportunity for state administrators to report gratuities within 30 days. Purpose. However, in its implementation, various problems still arise, both normatively, both practically and legally.   Method. From a normative perspective, Article 12c does not explicitly explain what is meant by "30 working days", does not provide a repair mechanism for late reports, and has the potential to lead to criminalization of administrative matters making it difficult for this rule to run optimally. Results. In practice, many state officials still lack a comprehensive understanding of the obligation to report gratuities. Lack of public awareness and various administrative obstacles in the reporting process exacerbate the situation. Conclusion. As a result, the 30-day grace period is often not implemented properly and creates legal uncertainty. Therefore, the provisions in Article 12c need to be reviewed.
A Comparative Analysis of Consumer Protection Norms in E-Commerce Between Indonesia’s Civil Law and Singapore’s Common Law Systems Agus Satory; Luis Santos; Samantha Gonzales
Rechtsnormen: Journal of Law Vol. 3 No. 6 (2025)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v3i6.3014

Abstract

Background. The rapid expansion of e-commerce has intensified consumer protection challenges in digital markets. Legal systems are required to respond to issues such as information asymmetry, unfair contract terms, and limited access to remedies, particularly within cross-border online transactions. Purpose. This study aims to analyze and compare consumer protection norms in e-commerce within Indonesia’s civil law system and Singapore’s common law system, focusing on how legal tradition shapes regulatory design and enforcement mechanisms. Method. The research employs a qualitative comparative legal approach using doctrinal and normative analysis. Primary legal sources, including statutes, regulations, and judicial decisions, are examined alongside secondary legal literature through a structured comparative framework. Results. The findings reveal that Indonesia emphasizes codified rules and administrative enforcement to ensure legal certainty, while Singapore relies on judicial interpretation and principle-based regulation to maintain flexibility. Conclusion. The study concludes that legal tradition remains a decisive factor in shaping consumer protection norms in e-commerce. The novelty of this research lies in its contextual comparative analysis within Southeast Asia, demonstrating that digitalization does not eliminate legal diversity but reconfigures its expression in consumer protection law.
The Ethical Underpinnings of AI Regulation: A Jurisprudential Inquiry into Algorithmic Fairness and Transparency Nurul Huda; Shamsul Anwar; Sonam Lhamo; Unggul Sagena
Rechtsnormen: Journal of Law Vol. 3 No. 6 (2025)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v3i6.3015

Abstract

Background. Concerns regarding algorithmic bias and opacity have prompted regulatory responses that invoke ethical principles, particularly fairness and transparency, yet their jurisprudential foundations remain insufficiently explored. Purpose. This study aims to examine the ethical underpinnings of AI regulation through a jurisprudential inquiry into algorithmic fairness and transparency, focusing on how legal philosophy informs the normative structure of contemporary AI governance. Method. The research employs qualitative normative legal methodology grounded in jurisprudential analysis. Primary materials include AI regulatory frameworks, ethical guidelines, and judicial reasoning. Results. The findings show that AI regulation predominantly operationalizes fairness and transparency as procedural legal duties rather than substantive moral ideals. Ethical principles are translated into enforceable standards such as explainability, accountability, and non-discrimination, reflecting institutional and jurisprudential constraints. Conclusion. The study concludes that AI regulation represents a juridification of ethics shaped by enduring jurisprudential traditions. The novelty of this research lies in its integration of AI regulatory analysis with legal philosophy.
Decolonizing Legal Norms: An Examination of Colonial-Era Criminal Codes in Modern Indonesian Jurisprudence Md Shodiq; Baran Akbulut; Hale Yilmaz
Rechtsnormen: Journal of Law Vol. 3 No. 6 (2025)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v3i6.3024

Abstract

Background. Indonesian criminal law continues to reflect colonial legacies inherited from the Dutch Wetboek van Strafrecht. Despite constitutional independence and ongoing legislative reforms, many colonial-era criminal provisions remain operative and influential within contemporary judicial reasoning, raising critical questions about the depth of legal decolonization in modern Indonesian jurisprudence. Purpose. This study aims to examine how colonial-era criminal codes persist and function within modern Indonesian jurisprudence, with particular emphasis on judicial interpretation, doctrinal practices, and the epistemic continuity of colonial legal norms in criminal adjudication. Method. A qualitative doctrinal and socio-legal research design is employed. The study analyzes statutory criminal law provisions, selected judicial decisions, and relevant legal scholarship using a postcolonial legal theory framework to identify patterns of colonial normative persistence and interpretive reasoning. Results. The findings reveal that a substantial number of criminal law provisions applied in Indonesian courts originate from colonial legal frameworks and are interpreted through formalistic reasoning that prioritizes state authority and public order. Judicial practice demonstrates limited engagement with socio-historical context judicial decisions, and relevant legal Conclusion. The study concludes that legal decolonization in Indonesia remains largely symbolic at the textual level and has not fully transformed jurisprudential practice.
Indonesian Bankruptcy Law From A Sociological Jurisprudence Perspective Alfin Sulaiman; Siti Nurbaiti; Anna Maria Tri Anggraini
Rechtsnormen: Journal of Law Vol. 4 No. 1 (2026)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v4i1.3228

Abstract

Background. Indonesian bankruptcy law under Law Number 37 of 2004 is formally designed as a technical mechanism for collective debt settlement, yet its application operates within a socio-cultural context that perceives insolvency as a moral failure and social stigma. Purpose. This study aims to analyze how Indonesian bankruptcy law functions as an instrument of social engineering when examined through the perspective of sociological jurisprudence, particularly in balancing creditor rights, business continuity, and broader socio-economic stability. Method. The research employs a normative legal method using statutory and conceptual approaches. Primary legal materials include bankruptcy legislation and relevant judicial decisions, while secondary materials consist of doctrinal writings on sociological jurisprudence and insolvency law. Results. The study finds that the suspension of debt payment mechanism contributes to the preservation of the social function of business entities by enabling courts to prioritize restructuring over liquidation, thereby supporting employment protection and macroeconomic stability. In practice, this is reflected in judicial tendencies to emphasize going concern considerations and consensual settlement during PKPU proceedings. Conclusion. This study offers a novel contribution by systematically positioning bankruptcy law as a form of institutionalized social engineering, demonstrating that integrating sociological considerations into judicial interpretation and normative reform is essential for transforming bankruptcy law from a liquidation-centered mechanism into a constructive instrument for economic resilience and social justice.
Integration of International Criminal Law Principles in the Regulation of Terrorism in Indonesia A Study of Criminal Law Reform Nurul Fatimatus Sholihah; Sapto Budoyo; Istiqomah Istiqomah
Rechtsnormen: Journal of Law Vol. 4 No. 1 (2026)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v4i1.3365

Abstract

Background. This article examines the integration of international criminal law principles into the revision of Indonesia's Anti-Terrorism Law. Purpose. Although Indonesia has updated its anti-terrorism framework with Law No. 5 of 2018 and the new Criminal Code (KUHP 2023), several challenges remain in aligning national legislation with international standards. Method. Through normative and comparative legal methods, this research analyzes relevant international legal instruments, including UN resolutions and conventions on counter-terrorism, and compares them with Indonesian regulations. Results. The findings reveal that Indonesia must further harmonize its anti-terrorism laws to ensure effective law enforcement while protecting human rights. The study provides recommendations to strengthen Indonesia’s legal framework on terrorism. Conclusion. This study concludes that while Indonesia has made significant progress in reforming its anti-terrorism legislation, substantial normative and institutional adjustments are still required to fully comply with international criminal law standards. Harmonization efforts should prioritize clearer legal definitions, proportional enforcement mechanisms, and stronger human rights safeguards to prevent potential abuses of power.
The Impact of Artificial Intelligence on Legal Decision-Making: Ethical and Practical Implications Syamsul Bahri; Siri Lek; Aom Thai
Rechtsnormen: Journal of Law Vol. 4 No. 1 (2026)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v4i1.3374

Abstract

Background. (The increasing adoption of artificial intelligence (AI) within legal systems has significantly transformed how legal decisions are supported, formulated, and justified. AI-driven tools are now used in areas such as risk assessment, case prioritization, sentencing support, and legal analytics, raising fundamental ethical and practical concerns regarding transparency, fairness, and accountability. Purpose. This study aims to examine the impact of AI on legal decision-making processes by analyzing both its operational benefits and its ethical implications within contemporary legal institutions. Method. The research employs a qualitative–analytical design that integrates doctrinal legal analysis, ethical evaluation, and empirical examination of documented AI-assisted legal practices. Data were collected from secondary legal sources, policy documents, case studies, and expert analyses to identify patterns of AI influence on judicial reasoning and institutional behavior. Results. The findings reveal that AI-assisted decision-making enhances procedural efficiency and consistency, particularly in high-volume legal contexts, but simultaneously introduces challenges related to opacity, automation bias, and diminished explainability.   Conclusion. The study concludes that AI functions as a powerful decision-support instrument that reshapes legal reasoning while remaining dependent on human oversight for legitimacy and justice. Effective integration of AI in legal decision-making requires robust ethical frameworks, transparent governance mechanisms, and sustained human responsibility to ensure that technological advancement supports, rather than undermines, fundamental legal values.
Artificial Intelligence and the Future of Intellectual Property Law: A Critical Review Dodi Rusmana; Rashid Rahman; Nina Anis
Rechtsnormen: Journal of Law Vol. 4 No. 1 (2026)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v4i1.3385

Abstract

Background. The rapid development of artificial intelligence has profoundly transformed creative and innovative practices, raising complex challenges for existing intellectual property law frameworks. Legal regimes governing copyright and patents were historically constructed around human authorship, inventorship, and intentional creativity, assumptions that are increasingly strained by the emergence of autonomous and generative AI systems. Purpose. This study aims to critically review how contemporary intellectual property law responds to the growing role of artificial intelligence and to assess whether current doctrines remain conceptually and normatively adequate. Method. The research adopts a qualitative doctrinal and critical review method, analyzing statutes, policy documents, judicial decisions, and peer-reviewed literature related to artificial intelligence and intellectual property law across multiple jurisdictions. Results. The findings reveal persistent legal uncertainty, doctrinal rigidity, and fragmented regulatory approaches, with most legal systems favoring reinterpretation of human-centric concepts rather than substantive reform. The analysis also highlights significant divergence between jurisdictions in balancing innovation incentives, ethical concerns, and legal certainty. Conclusion. The study concludes that incremental doctrinal adaptation alone is insufficient to address the structural challenges posed by artificial intelligence. A more integrated and forward-looking legal framework is required to reconcile technological autonomy with the foundational objectives of intellectual property law and to ensure its continued relevance in the age of artificial intelligence.
Climate Change and International Environmental Law: The Legal Implications of Global Agreements Kemmala Dewi; Safiullah Aziz; Zara Ali
Rechtsnormen: Journal of Law Vol. 4 No. 1 (2026)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v4i1.3430

Abstract

Background. Climate change constitutes a systemic global crisis that challenges the effectiveness and coherence of international environmental law. Successive global agreements have attempted to regulate greenhouse gas emissions and strengthen climate governance, yet significant gaps persist between normative commitments and actual environmental outcomes. Purpose. This study aims to analyze the legal implications of major global climate agreements and to evaluate how their design influences state responsibility, compliance mechanisms, and accountability structures within international environmental law.   Method. The research employs a qualitative doctrinal approach combined with comparative legal analysis of key instruments, including the UNFCCC, the Kyoto Protocol, and the Paris Agreement, supported by selected case-based judicial review. Results. Findings indicate a structural transition from centralized, binding emission targets toward a decentralized governance model grounded in nationally determined contributions, transparency frameworks, and judicial internalization. Binding obligations correlate with clearer compliance within regulated jurisdictions, while flexible mechanisms enhance participation but depend heavily on domestic implementation.   Conclusion. The study concludes that international climate agreements function as normative catalysts that reshape domestic legal systems and human rights discourse, yet their effectiveness remains contingent upon stronger accountability mechanisms and clearer legal drafting to ensure long-term environmental integrity.
Environmental Law and Sustainable Development: Legal Approaches to Climate Change Mitigation Aris Krisdiyanto; Luis Santos; Maria Clara Reyes
Rechtsnormen: Journal of Law Vol. 4 No. 1 (2026)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v4i1.3431

Abstract

Background. Climate change mitigation has become a central concern of environmental law, particularly within the broader framework of sustainable development. Despite the proliferation of international agreements and domestic climate legislation, inconsistencies remain in translating sustainability principles into enforceable mitigation obligations. Purpose. This study aims to analyze how environmental law operationalizes sustainable development in designing legal approaches to climate change mitigation and to evaluate the effectiveness of binding and non-binding regulatory mechanisms.   Method. The research employs a qualitative doctrinal method combined with comparative legal analysis of international instruments and selected national jurisdictions, supported by inferential assessment of emission trends and case-based judicial review. Results. The findings indicate that jurisdictions incorporating quantified emission targets, structured compliance mechanisms, and explicit sustainability principles into statutory frameworks demonstrate more consistent mitigation outcomes. Flexible policy-based approaches encourage participation but generate variable performance due to weaker enforceability. Conclusion. The study concludes that sustainable development functions most effectively as a legal standard when embedded in binding legislation supported by institutional accountability.

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