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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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Reform of Criminal Procedure Law in Dealing with Transnational Cyber Crime Henny Saida Flora; Kailie Maharjan; Elladdadi Mark; Jimmy Rian Fernando; Idrus Alghiffary
Rechtsnormen: Journal of Law Vol. 2 No. 3 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v2i3.1293

Abstract

Background: The rapid advancement of technology has led to a significant increase in transnational cybercrime, posing serious challenges to existing criminal procedure laws. Traditional legal frameworks often fall short in addressing the complexities and borderless nature of cybercrimes, necessitating comprehensive reforms to enhance international cooperation and effective law enforcement. Objective: This research aims to analyze the current inadequacies in criminal procedure laws regarding transnational cybercrime and propose necessary reforms to strengthen legal frameworks, ensuring efficient cross-border cybercrime management. Methodology: This study employs a qualitative research method, including a comprehensive literature review, analysis of existing legal frameworks, and expert interviews. The comparative analysis of different countries' approaches to cybercrime legislation provides insights into best practices and potential improvements. Results: The research findings reveal significant gaps in the current legal procedures, such as jurisdictional challenges, lack of standardized definitions, and inadequate international cooperation mechanisms. The study identifies key areas for reform, including harmonization of cybercrime laws, enhancement of mutual legal assistance treaties, and adoption of advanced technological tools for investigation. Conclusion: The reform of criminal procedure laws is imperative to effectively address transnational cybercrime. The proposed reforms emphasize the need for a unified legal framework, improved international collaboration, and utilization of modern technologies to ensure robust and adaptive legal responses to the evolving nature of cyber threats.  
Agrarian Law Reform in the Context of Climate Change and Food Security Loso Judijanto; Mitra Musika Lubis; Amina Intes; Ninik Sri Rahayu; Dewa Oka Suparwata
Rechtsnormen: Journal of Law Vol. 2 No. 3 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v2i3.1294

Abstract

Background: Climate change poses significant challenges to global food security, exacerbating issues such as land degradation, water scarcity, and crop yield variability. Agrarian law reform has the potential to enhance resilience and sustainability in agricultural practices, thereby improving food security. However, the existing agrarian legal frameworks in many countries are not adequately equipped to address the impacts of climate change. Objective: This study aims to analyze the role of agrarian law reform in enhancing food security in the context of climate change. The research seeks to identify legal gaps and propose reforms that can facilitate adaptive and sustainable agricultural practices, ensuring stable food production and distribution. Methods: A qualitative research design was employed, utilizing document analysis and comparative legal analysis. The study examined existing agrarian laws, policies, and international agreements related to climate change and food security. Data were collected from legal texts, policy documents, and reports from various countries and international organizations. Expert interviews with legal scholars, policymakers, and agricultural practitioners were conducted to gather insights on effective legal frameworks and practices. Results: The analysis revealed significant gaps in current agrarian laws regarding climate adaptation and sustainable agricultural practices. Key issues identified include inadequate land tenure security, insufficient legal support for sustainable farming techniques, and lack of integration between agrarian laws and climate policies. into their agrarian legal frameworks. Conclusion: The study concludes that comprehensive agrarian law reform is essential for enhancing food security in the face of climate change. Recommendations include strengthening land tenure security
Legal Protection for Indonesian Migrant Workers in the Domestic Sector in Brunei Darussalam Wita Purnamasari; Abdullah Sulaiman; Ahmad Redi
Rechtsnormen: Journal of Law Vol. 2 No. 3 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v2i3.1296

Abstract

Background. The protection of Indonesian Migrant Workers (PMI) abroad, particularly in Brunei Darussalam, is crucial to ensure their rights and welfare. Despite existing regulations such as Law Number 18 of 2017, PMIs continue to face various challenges including exploitation, unpaid wages, and violence. Addressing these issues requires a comprehensive approach involving legal, social, and diplomatic efforts. Purpose. This study aims to analyze the legal protections available to Indonesian Migrant Workers in Brunei Darussalam. It seeks to identify the effectiveness of current legal frameworks, the roles of Indonesian governmental institutions, and the impact of bilateral agreements between Indonesia and Brunei in safeguarding the rights of PMIs. Method. Utilizing a juridical-normative methodology, this research examines the legal documents, regulations, and policies related to PMI protection. It also analyzes case studies and statistical data on PMI cases in Brunei, focusing on the roles of BP2MI, the Ministry of Manpower, and the Ministry of Foreign Affairs. Results. The findings reveal that while legal frameworks exist to protect PMIs, there are significant gaps in implementation and enforcement. Bilateral agreements between Indonesia and Brunei need to be strengthened, and there is a need for more effective legal assistance and support systems for PMIs. The study also highlights the critical role of the Indonesian Embassy in providing on-ground support to PMIs. Conclusion. Comprehensive protection of Indonesian Migrant Workers in Brunei requires a multi-faceted approach. This includes stronger bilateral relations, improved regulatory frameworks, and active support from Indonesian government institutions. Ensuring the rights and welfare of PMIs will require ongoing collaboration between Indonesia and Brunei, as well as continuous monitoring and evaluation of the effectiveness of legal protections.
Transformation of State Administrative Law in the Digital Government Era Sumardi Sumardi
Rechtsnormen: Journal of Law Vol. 2 No. 3 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v2i3.1299

Abstract

Background: The rapid advancement of digital technologies has transformed various aspects of public administration, leading to the emergence of digital government. This shift necessitates significant changes in state administrative law to accommodate new modes of governance, service delivery, and citizen engagement. Objective: This study aims to examine the transformation of state administrative law in the context of digital government. The research seeks to identify the key legal adaptations required to support digital governance, enhance administrative efficiency, and ensure transparency and accountability. Methods: A mixed-methods approach was employed, combining qualitative and quantitative analyses. Qualitative data were collected through interviews with legal experts, public administrators, and policymakers to gain insights into the challenges and opportunities of digital government. Results: Findings indicate that significant legal reforms are necessary to support the transition to digital government. Key areas requiring adaptation include data protection and privacy, electronic records management, digital service delivery standards, and mechanisms for public participation. Survey results showed that both public officials and citizens recognize the benefits of digital government but also highlight concerns about data security and digital inclusivity. Conclusion: The transformation of state administrative law is crucial for the effective implementation of digital government. Legal frameworks must evolve to address the challenges posed by digital technologies while ensuring that governance remains transparent, accountable, and inclusive.
The Influence of Blockchain Technology on Civil Law Enforcement in the Digital Era Febri Wiratama; Syahriati Fakhriah; Silvester Magnus Loogman Palit; I Putu Gede Abdi Sudiatmika; Rona Tanjung
Rechtsnormen: Journal of Law Vol. 2 No. 3 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v2i3.1410

Abstract

Background: Blockchain technology has emerged as a revolutionary tool with the potential to transform various sectors, including civil law enforcement. Its decentralized, transparent, and immutable nature offers new possibilities for enhancing legal processes, ensuring data integrity, and reducing fraud. Objective: This study aims to evaluate the influence of blockchain technology on civil law enforcement. The research focuses on understanding how blockchain can enhance legal processes, improve data security, and foster transparency within the civil law system. Methods: A mixed-methods approach was employed, combining quantitative surveys and qualitative interviews. Quantitative data were collected from 200 legal professionals and law enforcement officers, measuring their perceptions of blockchain's impact on various legal processes. Qualitative interviews with 30 key stakeholders provided deeper insights into blockchain's practical applications and challenges in civil law enforcement.. Results: Findings indicate that blockchain technology can significantly enhance data security, transparency, and efficiency in civil law enforcement. Best practices identified include the use of smart contracts for automated enforcement and blockchain for secure evidence management. Challenges such as technical complexity, cost, and legal interoperability were also highlighted. Conclusion: Blockchain technology holds significant promise for improving civil law enforcement by enhancing transparency, security, and efficiency. Implementing best practices can optimize these benefits, although challenges remain.
Effectiveness of Online Mediation in Resolving Cross-Border Civil Disputes Shohib Muslim; Bouyea Jonathan; Uwe Barroso; Anna Rahma Syam
Rechtsnormen: Journal of Law Vol. 2 No. 4 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v2i4.1411

Abstract

Background: The rapid advancement of digital technologies has transformed various aspects of the legal field, including dispute resolution. Online mediation has emerged as a promising method for resolving cross-border civil disputes, offering a convenient and cost-effective alternative to traditional litigation. Despite its potential, the effectiveness of online mediation in this context remains underexplored, particularly in terms of user satisfaction, cost savings, and resolution time. Objective: This study aims to evaluate the effectiveness of online mediation in resolving cross-border civil disputes. The research seeks to assess user satisfaction, cost efficiency, and the duration of the mediation process compared to traditional methods. The goal is to provide empirical evidence on the viability of online mediation as a dispute resolution mechanism in international contexts. Methods: A mixed-methods approach was employed, combining quantitative surveys and qualitative interviews. Quantitative data were collected from 200 participants who have engaged in online mediation for cross-border disputes, measuring their satisfaction, cost savings, and resolution time. Qualitative interviews with 30 mediators provided deeper insights into the challenges and advantages of online mediation. The data were analyzed using statistical methods for the surveys and thematic analysis for the interviews. Results: Findings indicate that online mediation is highly effective in resolving cross-border civil disputes, with 85% of participants expressing satisfaction with the process. Cost savings averaged 40% compared to traditional litigation, and the average resolution time was reduced by 50%. Mediators highlighted the flexibility, accessibility, and reduced logistical challenges as significant advantages of online mediation. Conclusion: Online mediation is an effective method for resolving cross-border civil disputes, offering high user satisfaction, significant cost savings, and reduced resolution times. Implementing best practices can further optimize these benefits. Future research should explore the long-term impacts and develop strategies to address identified challenges, ensuring the sustainable integration of online mediation in international dispute resolution.
Understanding the Judge's Decisions which Are Best for Children to Realize Justice for all Post Diversion Failure Adam Idris; Shamsul Anwar
Rechtsnormen: Journal of Law Vol. 4 No. 3 (2026)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v4i3.1552

Abstract

Background. The juvenile justice system prioritizes restorative justice through diversion to protect the rights and future development of children in conflict with the law. Nevertheless, diversion does not always achieve an agreement, creating legal challenges for judges in balancing the interests of child offenders, victims, and society while ensuring that judicial decisions remain consistent with the principle of justice for all. Purpose. This study aims to analyze judicial decisions rendered after the failure of diversion and to examine how judges uphold the best interests of the child within the broader framework of justice for all. Method. This research employs a normative legal research design focusing on judicial decisions as the primary object of analysis. The study relies exclusively on secondary data obtained through an extensive review of legal literature, including statutory regulations, judicial decisions, legal doctrines, and scholarly publications. Results. The findings reveal that the failure of diversion does not eliminate the obligation of judges to prioritize the best interests of the child. Judicial decisions are formulated by considering recommendations from the Correctional Center (BAPAS), legal advisors, and community perspectives, while also taking into account the interests of victims and the wider public. Conclusion. Judicial decisions following unsuccessful diversion continue to uphold the principle of the best interests of the child within the framework of justice for all. Such decisions demonstrate that juvenile sentencing should integrate rehabilitation, victim protection, and societal interests to achieve equitable and sustainable justice.
Payment of Replacement Money in the Execution of Corporate Assets Based on Bankruptcy Law Lingga Nugraha; Evita Isretno Israhadi
Rechtsnormen: Journal of Law Vol. 2 No. 4 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v2i4.1649

Abstract

Background: This study examines the legal framework governing the payment of compensation in the execution of corporate assets declared bankrupt under Indonesian bankruptcy law. The research highlights issues such as payment prioritization, creditor protection, and dispute resolution in cases involving bankrupt corporate assets. Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations serves as the primary legal reference. Objectives: The primary objective is to analyze the application of existing legal provisions related to compensation payments in bankruptcy cases. It also seeks to identify challenges in executing bankrupt assets and propose solutions to improve legal certainty and fairness for creditors. Methods: This research employs a normative juridical approach, utilizing legal statutes, court decisions, and scholarly literature to analyze bankruptcy law. A qualitative method is applied to explore the interpretation and application of legal norms. Research Findings: The findings reveal that challenges such as ambiguity in payment prioritization, inconsistent creditor protection, and lengthy dispute resolution processes hinder the effective execution of bankrupt assets. These issues impact the equitable distribution of corporate assets among creditors. Conclusion: A clearer legal framework is essential to protect creditors' rights and ensure the execution process aligns with justice principles. Improved clarity in legal provisions can mitigate existing challenges.
Legal Vacuum in Issuance and Revocation of Mining Business Permits Ojak Situmeang; Herman Bakir
Rechtsnormen: Journal of Law Vol. 2 No. 4 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v2i4.1650

Abstract

Background: The management of Indonesia's abundant natural resources, particularly through mining activities, is closely tied to the issuance of permits governed by regulations such as the Mineral and Coal Law and its derivative laws. However, challenges like regulatory uncertainty, overlapping authority between central and regional governments, and inconsistent law enforcement create a legal vacuum that hinders the effectiveness of permit issuance and revocation. Objectives: This study aims to analyze the mechanisms for issuing and revoking mining business permits in Indonesia. It also seeks to identify legal challenges and provide recommendations to strengthen the legal framework and ensure effective implementation. Methods: This research employs a normative legal approach, focusing on the analysis of laws, regulations, and case studies related to mining business permits. Secondary data were analyzed qualitatively to evaluate the consistency and effectiveness of the legal framework. Research Findings: The findings reveal that the issuance and revocation processes are plagued by unclear regulations and fragmented governance. These issues result in regulatory inefficiencies and weak law enforcement, impeding sustainable resource management. Conclusion: To address the legal vacuum, reforms are required to ensure clarity, eliminate overlapping authority, and improve law enforcement. Strengthening the legal framework will enhance the management and regulation of mining permits in Indonesia.
Children as People of The Crime of Theft with Violence and Incurment Teguh Apriyanto; Hidayati Hidayati
Rechtsnormen: Journal of Law Vol. 2 No. 4 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v2i4.1651

Abstract

Background: Juvenile delinquency, including crimes committed by children, is a pressing social issue in various regions. Children are often unable to fully comprehend and take responsibility for their actions due to their developmental stage and environmental influences. To address this, the judicial process for children differs from that of adults, aiming to minimize psychological harm. Law Number 11 of 2012 on the Juvenile Criminal Justice System serves as the legal framework to protect children’s rights while addressing their offenses. Objectives: This study aims to analyze the occurrence of violent theft by children, understand contributing factors, and evaluate the application of the juvenile justice system in handling such cases.. Methods: The study uses a qualitative approach, analyzing legal documents, court cases, and interviews with stakeholders, including law enforcement, psychologists, and social workers, to understand the legal and social dimensions of violent theft involving children. Research Findings: The findings reveal that environmental factors, lack of supervision, and socio-economic issues are significant contributors to children’s involvement in violent theft. The juvenile justice system plays a crucial role in rehabilitating offenders and preventing recidivism. Conclusion: Addressing juvenile delinquency requires an integrated approach involving legal, social, and psychological interventions. Strengthening family and community support systems is vital to reducing the incidence of violent theft by children.

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