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Rechtsidee
Published by Universitas Muhammadiyah Sidoarjo
ISSN : 23388595     EISSN : 24433497     DOI : https://doi.org/10.21070/jihr
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
RECHTSIDEE, provides a forum for publishing the original research articles, review articles and book review from academics, analysts, practitioners and those who interested to provide literature on Legal Studies and Human Rights in all aspects. Scientific articles dealing with Civil Law, Islamic Law, Indonesian Law, Business Law, Constitutional Law, Criminal Law, Administrative Law, International Law, Philoshophy of Law, and Human Rights are particularly welcome.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 21 Documents
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Search results for , issue "Vol. 13 No. 2 (2025): December" : 21 Documents clear
Criminal Law Enforcement against Illegal Gold Mining (Study of Decision No. 153/Pid.Sus/2023/PN.Mdl): Penegakan Hukum Pidana terhadap Pertambangan Emas Ilegal (Studi Putusan No. 153/Pid.Sus/2023/PN.Mdl) Melati, Xhifa Mayputeri; Panjaitan, Budi Sastra
Rechtsidee Vol. 13 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v13i2.1066

Abstract

General Background: Illegal gold mining has long served as a vital economic lifeline for communities in Lingga Bayu District, Mandailing Natal Regency. Specific Background: Despite its deep-rooted presence and socio-economic significance, such mining activities persist without formal governmental authorization, creating tension between legal norms and community livelihoods. Knowledge Gap: Existing legal enforcement often emphasizes punitive action, yet overlooks the structural socio-economic challenges faced by traditional miners. Aims: This study examines the implementation of criminal law enforcement against illegal gold mining and evaluates the fairness and justice outcomes of Decision Number 153/Pid.Sus/2023/PN Mdl by the Mandailing Natal District Court. Results: Findings indicate that while law enforcement adheres to normative legal standards and ensures legal certainty, it falls short in delivering substantive justice and long-term legal benefits for local miners. Novelty: The study highlights the misalignment between repressive legal mechanisms and the socio-cultural realities of community-based mining practices, advocating for a shift from a purely legalistic approach to one that is humanistic and transformative. Implications: The research suggests a need for integrative legal reform, including affirmative policies for people's mining legalization, to achieve holistic and sustainable justice for marginalized mining communities. Highlights: Highlights the gap between legal enforcement and local socio-economic realities. Critiques the repressive nature of criminal law against traditional miners. Proposes a transformative and inclusive legal reform model. Keywords: Illegal Mining, Law Enforcement, Community Justice, Court Decision, Humanistic Approach
Appointment of Notaries under Indonesian and Singaporean Law: Pengangkatan Notaris dalam Hukum Indonesia dan Singapura Widjaja, Viona; Djaja, Benny
Rechtsidee Vol. 13 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v13i2.1067

Abstract

General Background: Notaries play a vital role in society by providing legal certainty through authentic deeds. Specific Background: However, their status and appointment processes vary significantly depending on the legal system of a country. Knowledge Gap: There is limited comparative analysis regarding the appointment of notaries in civil law countries like Indonesia and common law countries like Singapore. Aims: This study aims to analyze and compare the legal frameworks governing the appointment of notaries in Indonesia and Singapore, highlighting their differences, similarities, strengths, and weaknesses. Results: The findings reveal significant differences in the appointment process, requirements, and supervisory authority. In Indonesia, notaries are appointed by the Minister of Law and Human Rights based on Law No. 2 of 2014, while in Singapore, the appointment is conducted by the Senate of the Singapore Academy of Law under the Notaries Public Act Chapter 208. Novelty: This study offers a focused comparative analysis of notarial appointment processes within two distinct legal traditions—civil law and common law—which is rarely addressed in previous literature. Implications: The results provide practical insights for legal practitioners and policymakers in Indonesia and offer considerations for improving the notarial appointment system in line with global best practices. Highlights: Highlights the structural differences in notary appointments between Indonesia and Singapore. Reveals the impact of legal traditions (civil vs. common law) on notarial authority. Provides insights to improve Indonesia’s notarial appointment process. Keywords: Notary Appointment, Comparative Law, Civil Law, Common Law, Legal System
Obstacles and Challenges in Implementing Flogging Law for Khalwat Offenders Dari, Wulan; Yazid, Imam
Rechtsidee Vol. 13 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v13i2.1080

Abstract

General Background: Aceh Province holds a special status in Indonesia, allowing the formal implementation of Islamic sharia through Qanun, including sanctions for khalwat (seclusion between non-mahram individuals). Specific Background: Qanun Jinayat No. 6/2014 explicitly categorizes khalwat as a jarimah punishable by flogging, but its enforcement in Aceh Tenggara remains inconsistent and contested. Knowledge Gap: Previous studies largely examined normative or localized aspects, leaving insufficient exploration of the multidimensional obstacles—structural, cultural, juridical, and procedural—that undermine the law’s effectiveness. Aims: This study seeks to identify, analyze, and evaluate the obstacles and challenges faced in enforcing flogging sanctions against khalwat perpetrators in Aceh Tenggara, and to formulate strategic solutions. Results: Findings reveal that weak institutional capacity, limited training, overlapping legal norms, community resistance, and social pressures on law enforcement significantly hinder consistent and fair implementation. Novelty: Unlike earlier works, this study provides a comprehensive analysis that integrates legal theory with empirical insights, offering a holistic view of enforcement challenges. Implications: Strengthening inter-agency coordination, enhancing officer capacity, and promoting community legal awareness are essential to ensure that sharia enforcement in Aceh is more effective, just, and contextually responsive to societal dynamics. Highlights: Structural, cultural, and juridical barriers weaken effective implementation. Social resistance and weak institutional capacity hinder law enforcement. Strengthening officer training and inter-agency coordination is crucial. Keywords: Flogging Law, Khalwat, Qanun Jinayat, Legal Enforcement
Exploitation of Thai Women in Georgia In Vitro Fertilization Practices Hanifah, Nida Syahla; Prawira, Muhammad Rizki Yudha
Rechtsidee Vol. 13 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v13i2.1081

Abstract

General Background: The global rise in assisted reproductive technologies, particularly in vitro fertilization (IVF), has created a transnational market often intertwined with ethical and human rights concerns. Specific Background: In Georgia, weak regulatory frameworks have facilitated exploitative IVF practices involving Thai women, revealing patterns of reproductive trafficking masked as legitimate medical services. Knowledge Gap: While both Thailand and Georgia have ratified international conventions such as CEDAW and the Palermo Protocol, the practical enforcement of these instruments in cross-border IVF contexts remains underexplored. Aims: This study aims to analyze the exploitation of Thai egg donors in Georgia through a human rights lens, identifying legal shortcomings and proposing measures aligned with international norms. Results: Findings indicate that the exploitation constitutes human trafficking under the Palermo Protocol, highlighting a regulatory vacuum that prioritizes commercial profit over women’s bodily autonomy and informed consent. Novelty: The research bridges reproductive ethics, international human rights law, and feminist legal theory to expose how IVF commercialization enables structural gender-based exploitation. Implications: The study underscores the necessity for harmonized transnational regulation, implementation of Mutual Legal Assistance (MLA) frameworks, and adoption of global ethical standards to ensure reproductive justice and protect women from exploitation in assisted reproductive industries. Highlights: Highlights the exploitation of Thai women in Georgia’s IVF industry as a form of human trafficking. Reveals the regulatory vacuum and weak enforcement of international human rights standards. Proposes cross-border legal harmonization through Mutual Legal Assistance (MLA) to protect women’s rights. Keywords: In Vitro Fertilization, Human Trafficking, Egg Donation, Reproductive Rights, Legal Regulation
Legal Force of Administrative Remedies in the Settlement of State Administrative Disputes: Kekuatan Hukum Tindakan Administratif dalam Penyelesaian Sengketa Administrasi Negara Masbait, Putri Julian; Salmon, Hendrik; Pattipawae, Dezonda R.
Rechtsidee Vol. 13 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v13i2.1082

Abstract

General Background: Indonesia, as a constitutional state, mandates that administrative actions adhere to legal norms, where administrative dispute resolution mechanisms play a vital role in ensuring justice and accountability in governance. Specific Background: The existence of administrative remedies—comprising objections and administrative appeals—serves as a non-judicial mechanism designed to resolve conflicts internally before proceeding to the State Administrative Court (PTUN). However, inconsistencies between Law No. 5/1986, Law No. 30/2014, and Supreme Court Regulation No. 6/2018 have created uncertainty regarding the obligatory nature of these remedies. Knowledge Gap: Limited research has comprehensively analyzed the binding legal force of administrative remedies and their implications for legal certainty and access to justice. Aims: This study aims to analyze the legal force and implications of administrative remedies in resolving state administrative disputes. Results: Findings show that administrative objections generally lack binding legal force and function more as recommendations, while administrative appeals possess stronger but under-implemented authority. Novelty: The research highlights disharmony among the relevant legal frameworks and its effect on the principle of exhaustion of administrative remedies. Implications: Strengthening the effectiveness and accountability of administrative remedies is crucial to enhance access to justice and ensure legal certainty within Indonesia’s administrative law system. Highlights: Examines the inconsistency between laws regulating administrative remedies. Identifies the weak binding power of objections and limited efficacy of appeals. Highlights the need for stronger accountability to ensure access to justice. Keywords: Legal Force, Administrative Remedies, State Administrative Disputes, Legal Certainty, Access to Justice
Reconstructing the Authority of Village Heads in a Democratic Local Government System: Rekonstruksi Kewenangan Lurah dalam Sistem Pemerintahan Daerah yang Demokratis Susanti, Indira Tanty; Sesung, Rusdianto
Rechtsidee Vol. 13 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v13i2.1074

Abstract

General Background: The authority of the Lurah (urban village head) plays a pivotal role in Indonesia’s regional governance, yet it is often hindered by overlapping regulations and the complexities of regional autonomy. Specific Background: Regulatory evolution and decentralization have created inconsistencies in defining the Lurah’s scope of power. Knowledge Gap: Limited scholarly work has addressed the disharmony between attributive, delegative, and mandate-based authorities in the context of democratic governance and Administrative Law. Aim: This study seeks to reconstruct the Lurah’s authority to ensure greater alignment with democratic principles and the General Principles of Good Governance (AUPB). Results: Through a normative juridical method, combining statutory and conceptual approaches with case studies in major Indonesian cities, the findings reveal significant regulatory disharmony and insufficient AUPB integration. Novelty: The research proposes a participatory, responsive, and legally coherent framework for defining the Lurah’s authority, emphasizing clarity, accountability, and democratic legitimacy. Implications: Strengthening the Lurah’s authority within a transparent and participatory legal structure is essential for enhancing the effectiveness and legitimacy of local governance in Indonesia. Highlights: Clarifies Lurah’s authority to avoid overlap. Aligns governance with AUPB and democracy. Proposes participatory and accountable framework. Keywords: Lurah Authority, Regional Governance, Administrative Law, Good Governance, Democratic Principles
Comparative Study of Greenwashing Practices in Consumer Protection Between Indonesia, the Netherlands, and Singapore Hariyanto, Helen Hervinia; Tarina, Dwi Desi Yayi
Rechtsidee Vol. 13 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v13i2.1083

Abstract

General background: As global environmental awareness rises, corporations increasingly use sustainability claims to attract consumers, yet many of these claims constitute greenwashing that misleads the public about environmental benefits. Specific background: This practice undermines environmental protection efforts and erodes consumer trust, especially in Indonesia, where legal instruments addressing greenwashing remain limited. Knowledge gap: Previous research has explored corporate responsibility and consumer rights, but few studies have compared cross-country legal protections against greenwashing. Aims: This study analyzes and compares the legal frameworks and enforcement mechanisms for consumer protection against greenwashing in Indonesia, the Netherlands, and Singapore. Results: The findings show that Indonesia relies on general provisions within its Consumer Protection and Environmental Laws, while the Netherlands enforces binding EU directives through strong oversight institutions such as the ACM. Singapore combines the Consumer Protection (Fair Trading) Act with the regulatory authority of ASAS. Novelty: This study introduces a comparative legal analysis highlighting the need for Indonesia to strengthen its regulatory framework and establish a specialized supervisory body for greenwashing cases. Implications: The study contributes to developing more transparent and accountable consumer protection mechanisms that advance global sustainability objectives. Highlights: Highlights gaps in Indonesia’s legal framework on greenwashing. Compares consumer protection systems in Indonesia, the Netherlands, and Singapore. Recommends stronger, specialized oversight for sustainability claims. Keywords: Greenwashing, Consumer Protection, Comparative Law, Sustainability, Regulation
Implication of The Strict Liability Principle in Immigration Criminal Cases in Indonesia: Implikasi Prinsip Tanggung Jawab Mutlak Dalam Kasus Pidana Keimigrasian di Indonesia Radhin, Azka Irtikha; Yuli, Yuliana
Rechtsidee Vol. 13 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v13i2.1085

Abstract

General background: Immigration governance functions as a selective mechanism to safeguard national security amid increasing foreign arrivals and recurring administrative infractions. Specific background: Despite Indonesia’s commitment to the principle of geen straf zonder schuld, immigration law uniquely allows punishment based solely on the fulfillment of objective elements such as overstay, unlawful entry, or presence in prohibited areas. Knowledge gap: Although the strict liability principle is applied in court decisions, its legal basis remains implicit due to the absence of explicit statutory provisions detailing which immigration offenses fall under this doctrine. Aims: This research analyzes the application, legal foundations, and consequences of strict liability within immigration criminal proceedings. Results: Findings reveal significant inconsistencies between legislative norms and judicial practice, posing risks to legal certainty, fairness, and the protection of suspects’ procedural rights. Novelty: The study identifies critical normative gaps that permit broad administrative discretion and potential overcriminalization. Implications: Clearer statutory formulation and strengthened procedural safeguards are necessary to balance state security interests with substantive justice and human rights protections. Highlights: Strict liability in immigration law is applied implicitly, creating uncertainty in defining which offenses qualify. This principle conflicts with the fundamental doctrine of geen straf zonder schuld, potentially weakening suspect rights. Clearer statutory regulation is needed to prevent overreach and ensure proportional, just enforcement. Keywords: Strict Liability, Immigration Law, Legal Certainty, Mens Rea, Fair Trial
Sanctions Against Working Groups for the Selection of Goods/Services Providers in Cases of Tender Collusion (Study: Comparison between Indonesia and Malaysia) Bukit, Liametami Benedicta; Sugiyono, Heru
Rechtsidee Vol. 13 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v13i2.1093

Abstract

The general background of this study is the persistent dominance of tender collusion in Indonesia’s procurement sector, which undermines fair competition and public welfare. The specific background focuses on KPPU Decision No. 15/KPPU-L/2023, where the Working Group (POKJA) was proven negligent but exempted from sanctions due to its unclear legal status under Law No. 5/1999. The knowledge gap lies in the absence of explicit regulatory authority to sanction POKJA, creating ambiguity in defining “other parties” within tender collusion provisions. The aim of this research is to compare Indonesia’s regulatory framework with Malaysia’s system, which empowers MYCC to impose administrative sanctions directly on public officials involved in bid rigging. The results show that Malaysia’s Competition Act 2010 provides broader investigative and enforcement powers, enabling more effective deterrence, while Indonesia relies on fragmented administrative mechanisms that weaken accountability. The novelty of this study is its comparative legal analysis demonstrating how dual-authority competition bodies enhance integrity in public procurement. The implications highlight the urgency to revise Law No. 5/1999, clarify POKJA’s legal standing, and establish expert data-analysis bodies to strengthen preventive measures against future tender collusion. Highlights: Indonesia’s weak sanctioning framework leaves POKJA’s accountability unclear in tender collusion cases. Malaysia’s MYCC demonstrates stronger enforcement through integrated administrative and public powers. Reform of Law No. 5/1999 is essential to strengthen oversight and prevent future bid-rigging practices. Keywords: Tender Collusion, POKJA, Competition Law, MYCC , Procurement Governance
Issuer Compliance with Disclosure Principles in Insider Trading in the Indonesian Capital Market: A Comparative Study with Singapore and the United States from an Investor Protection Perspective: Kepatuhan Emiten Terhadap Prinsip Disclosure dalam Insider Trading di Pasar Modal Indonesia Perbandingan dengan Singapura dan Amerika Serikat: Perspektif Perlindungan Investor Joeliant, Hanz Bryan; Gunadi, Ariawan
Rechtsidee Vol. 13 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v13i2.1095

Abstract

General Background: Insider trading and weak information disclosure undermine market integrity and investor protection. Specific Background: In Indonesia, disclosure obligations under the Capital Market Law, OJK regulations, and IDX rules remain limited in timeliness, insider categorization, and enforcement compared to Singapore and the United States. Knowledge Gap: Existing studies have not systematically compared issuer compliance with disclosure principles across these jurisdictions to assess their effectiveness in preventing insider trading. Aims: This study analyzes Indonesia’s disclosure framework, compares it with Singapore and the U.S., and evaluates necessary reforms to enhance investor protection. Results: Findings show Indonesia’s two-day disclosure window, narrow insider definition, and predominantly administrative sanctions weaken deterrence, while Singapore’s immediate disclosure model and the U.S.’s broad misappropriation theory, real-time surveillance, and strong enforcement provide higher compliance and detection levels. Novelty: This research integrates doctrinal, conceptual, and comparative analyses to demonstrate how adopting broader insider definitions, accelerated disclosure, and technology-driven monitoring can strengthen Indonesia’s regulatory structure. Implications: Strengthening OJK–IDX integration, enhancing surveillance capacity, reforming insider trading provisions, and adopting international best practices are essential to improving market transparency and long-term investor confidence. Highlights: Indonesia’s disclosure rules remain slower and less comprehensive than Singapore and the U.S. Broader insider definitions and real-time surveillance improve detection and deterrence. Strengthened OJK–IDX integration is essential for effective enforcement and investor protection. Keywords: Insider Trading, Disclosure, Investor Protection, Capital Market Regulation, Comparative Study

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