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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
A Comparative Study on Legal Protection for Consumers Using Digital Lending Services in Indonesia and Singapore from the Perspective of Legal Development Theory: Perbandingan Perlindungan Hukum bagi Konsumen Pengguna Layanan Pendanaan Digital antara Indonesia dan Singapura dalam Perspektif Teori Pembangunan Hukum Febrianto, Rizky; 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.v13i2.1096

Abstract

General Background: The rapid expansion of digital lending in Indonesia and Singapore reflects a broader transformation in financial technology that demands stronger regulatory safeguards. Specific Background: Despite regulatory efforts, Indonesia continues to face challenges of weak supervision, low industry compliance, and high exposure to illegal platforms, whereas Singapore has established a more structured and integrated regulatory model. Knowledge Gap: Comparative analyses examining both countries’ legal frameworks through the lens of Legal Development Theory remain limited, particularly regarding their effectiveness in ensuring consumer protection. Aims: This study analyzes and compares the legal protection mechanisms governing digital lending in Indonesia and Singapore while assessing their alignment with legal development principles. Results: Findings show Indonesia relies on POJK 40/2024, Consumer Protection Law, and Personal Data Protection Law, yet enforcement remains inconsistent; in contrast, Singapore’s Payment Services Act, CPFTA, PDPA, and MAS compliance-based supervision ensure stronger preventive regulation and more efficient dispute resolution. Novelty: This research integrates comparative regulatory analysis with Legal Development Theory to reveal differing developmental orientations of both jurisdictions. Implications: Strengthening supervisory capacity and enforcement is essential for Indonesia to build a safer, equitable, and innovation-supportive digital lending ecosystem. Highlights: Strong contrast exists between Indonesia’s fragmented enforcement and Singapore’s integrated MAS-led regulatory model. Singapore emphasizes preventive, risk-based oversight, while Indonesia remains largely reactive to emerging problems. Effective consumer protection hinges not only on regulation completeness but also on consistent supervision and institutional capacity. Keywords: Digital Lending, Consumer Protection, Fintech Regulation, Legal Development Theory, Comparative Law
Legal Liability for Violations of Outsourced Workers’ Rights in Indonesia from the Perspective of Comparative Joint Liability Principles in Spain and the Philippines: Pertanggungjawaban Hukum atas Pelanggaran Hak Pekerja Outsourcing di Indonesia dalam Perspektif Perbandingan Prinsip Joint Liability di Spanyol dan Filipina Christina, Nadya; 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.v13i2.1097

Abstract

General Background: The widespread adoption of outsourcing in Indonesia aims to enhance corporate flexibility and efficiency. Specific Background: Despite comprehensive regulation under UU 13/2003, UU 6/2023, and PP 35/2021, outsourced workers frequently experience violations of fundamental rights due to unclear allocation of legal responsibilities between outsourcing providers and user companies. Knowledge Gap: Existing Indonesian regulations place full liability solely on outsourcing companies, leaving limited legal remedies when providers fail to fulfil obligations, unlike countries applying joint liability. Aims: This study analyzes Indonesia’s legal framework on outsourced workers’ rights and compares it with the joint liability principles adopted in Spain and the Philippines. Results: Findings indicate that Indonesia’s system creates structural protection gaps, while Spain and the Philippines impose solidary responsibility on both provider and user companies, ensuring stronger enforcement of wages, social security, and working conditions. Novelty: This research provides a comparative legal perspective demonstrating how joint liability can operate as an equitable mechanism for outsourced worker protection. Implications: Adoption of joint liability in Indonesia could enhance legal certainty, prevent responsibility evasion, and strengthen workers’ access to remedies, offering a policy alternative for future legislative reform. Highlights: Indonesia’s current framework places full responsibility on outsourcing providers, creating protection gaps. Spain and the Philippines strengthen worker rights through solidary (joint) liability between providers and user companies. Joint liability offers a viable reform option to enhance fairness and legal certainty for outsourced workers in Indonesia. Keywords: Outsourcing, Legal Liability, Joint Liability, Worker Protection, Comparative Labor Law
A Juridical Analysis of the Cancellation of Registered Trademarks Due to Non-Use: A Comparative Study of Indonesian and UK Law: Analisis Yuridis Terhadap Penghapusan Merek Terdaftar Akibat Tidak Digunakan: Perbandingan Hukum Indonesia dan Inggris Kurniawan, Cicelly Chiesa; 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.v13i2.1099

Abstract

General background: Legal protection of trademarks is fundamental to ensuring fairness and business certainty because exclusive rights apply only when marks are continuously used. Specific background: In Indonesia, cancellation of trademarks due to non-use for three consecutive years under Article 74 of Law No. 20/2016 remains challenging despite clear statutory provisions. Knowledge gap: Inconsistent judicial interpretations and the absence of uniform evidentiary standards create ongoing legal uncertainty. Aims: This study examines Indonesia’s mechanism for cancelling unused trademarks and compares it with the United Kingdom’s revocation system. Results: The findings show that Indonesia faces difficulties in proving non-use and maintaining consistent legal reasoning, while the UK—through the Trademarks Act 1994—implements structured administrative procedures, defined evidentiary criteria, and opportunities for non-litigation resolution. Novelty: This research offers a detailed comparative analysis that exposes procedural weaknesses in Indonesia when contrasted with a more mature and transparent system. Implications: The study suggests that Indonesia must strengthen evidentiary standards and refine administrative processes to enhance legal certainty, prevent passive monopolies, and reinforce effective trademark protection in modern commerce. Highlights: Focuses on cancellation of registered trademarks due to non-use in Indonesia and the UK. Identifies legal uncertainty in Indonesia from inconsistent interpretation of “three consecutive years” and proof standards. Highlights the UK’s clearer, more structured revocation procedures as a model for improving Indonesian law. Keywords: Trademark Cancellation, Non-Use, Legal Protection, Revocation
Consent Capacity of Persons with Disabilities in Sexual Relations: A Comparative Legal Study of Indonesia, Canada, and the United Kingdom: Kapasitas Persetujuan Bagi Penyandang Disabilitas dalam Hubungan Seksual: Studi Perbandingan Hukum Indonesia, Kanada, dan Inggris Azzahra, Sayyidina; Hutabarat, Rugun Romaida
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.v13i2.1100

Abstract

Background (General): Consent serves as the central boundary distinguishing lawful sexual relations from criminal sexual violence. Background (Specific): For persons with disabilities, assessing consent becomes more complex due to cognitive, mental, physical, or sensory limitations that may affect their ability to understand and communicate agreement. Knowledge Gap: Indonesian criminal law, including the UU TPKS, lacks explicit definitions of consent and standardized indicators for determining consent capacity, unlike jurisdictions such as the United Kingdom and Canada. Aim: This study examines Indonesia’s legal framework on sexual consent and evaluates the absence of consent-capacity standards for persons with disabilities through comparative analysis with UK and Canadian regulations. Results: Findings show that Indonesian law narrowly associates non-consent with coercion or threats, failing to consider cognitive incapacity, whereas the UK (Sexual Offences Act 2003; Mental Capacity Act 2005) and Canada (Criminal Code Section 153.1) provide clear criteria for assessing mental ability, voluntariness, and relational power imbalance. Novelty: This research identifies the structural legal gap in Indonesian consent-capacity regulation and proposes a model grounded in comparative jurisprudence. Implications: The study underscores the urgent need for legal reform to establish explicit consent-capacity standards, strengthening protection against sexual exploitation of persons with disabilities. Highlights: Highlights the absence of explicit consent-capacity standards in Indonesian law. Shows how UK and Canada provide clearer protections through defined legal criteria. Emphasizes the urgency of legal reform to safeguard persons with disabilities from exploitation. Keywords: Consent Capacity, Sexual Consent, Persons With Disabilities, Comparative Law, Indonesian Criminal Law
The Application of Restorative Justice-Based Penal Mediation at the Batu District Attorney's Office : Penerapan Mediasi Penal Berbasis Keadilan Restoratif di Kejaksaan Negeri Batu Wicaksono, Adhi Satyo
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.v13i2.1068

Abstract

General Background: Criminal justice reform in Indonesia increasingly emphasizes restorative justice as a humane alternative to retributive approaches, particularly through penal mediation. Specific Background: The issuance of Regulation of the Prosecutor’s Office No. 15 of 2020 mandates the optimization of penal mediation to resolve criminal cases by prioritizing victim recovery and social harmony, as implemented by the Batu District Attorney’s Office. Knowledge Gap: Existing studies largely focus on normative or philosophical dimensions of penal mediation, leaving limited empirical analysis on its practical implementation at the prosecutorial level. Aims: This study examines the application of restorative justice–based penal mediation at the Batu District Attorney’s Office, identifies implementation barriers, and formulates an ideal model for optimization. Results: Empirical findings reveal that penal mediation has been implemented in accordance with the regulation, resolving nine cases in 2024, yet faces obstacles including victim unwillingness, recidivism, compensation disputes, and limited procedural timeframes. Novelty: This research offers an empirical, practice-oriented analysis of restorative penal mediation within a district prosecutor’s office context, filling a gap in implementation-focused scholarship. Implications: Strengthening internal regulations, extending mediation time limits, and enhancing specialized training for prosecutors are crucial to ensure legal certainty, effectiveness, and sustainable restorative justice outcomes. Highlights: Implementation of restorative justice–based penal mediation aligns with Regulation No. 15 of 2020 but remains procedurally constrained. Practical barriers include victim resistance, recidivism, compensation disputes, and limited mediation timeframes. Institutional strengthening through internal regulations and specialized prosecutor training is essential for effective mediation outcomes. Keywords: Prosecutorial Authority, Penal Mediation, Restorative Justice, Criminal Case Resolution, Legal Reform
Optimizing the Enforcement of Asset Forfeiture as an Additional Penalty for Corruption Offenders to Recover State Losses: Optimalisasi Penerapan Pidana Tambahan Perampasan Aset terhadap Koruptor sebagai Upaya Pemulihan Kerugian Negara Salsabila, Syana Mifta; Waluyo, Bambang
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.v13i2.1084

Abstract

Corruption continues to generate substantial state losses in Indonesia, while enforcement strategies still prioritize imprisonment over effective asset recovery, leaving illicit proceeds beyond the reach of the state. This study aims to evaluate the legal framework and enforcement barriers of asset forfeiture as an additional penalty for corruption and to assess the reform potential of non-conviction based asset forfeiture for accelerating recovery of state losses. Using a normative juridical design, the research applies statutory and conceptual approaches through systematic analysis of the Indonesian Criminal Code, anti-corruption legislation, anti-money laundering provisions, and the Draft Law on Asset Forfeiture of Criminal Acts. The study finds that although asset forfeiture is legally recognized, implementation remains weak due to integrity deficits in law enforcement, fragmented legal instruments, and limited operational effectiveness in tracing and confiscating proceeds of corruption. As a result, asset recovery outcomes are frequently suboptimal and deterrence effects are diluted. The key novelty is the policy argument that a comprehensive non-conviction based asset forfeiture regime, as advanced in the draft legislation, can enable confiscation of illicit assets even when criminal conviction is unattainable, thereby closing enforcement gaps that conventional conviction-based forfeiture cannot address. The findings imply that legal reform should institutionalize non-conviction based asset forfeiture alongside stronger due process safeguards, interagency coordination, and anti-money laundering alignment to improve corruption deterrence and measurably increase recovery of state losses. Highlights: Current forfeiture enforcement gaps sharply limit corruption asset recovery and state loss restitution. Non-conviction based forfeiture enables confiscation when prosecution fails through death, flight, or absconding. Comprehensive forfeiture legislation strengthens due process, interagency coordination, and corruption deterrence outcomes Keywords: Non-Conviction Based Forfeiture, Asset Recovery, Corruption Deterrence, Financial Crime Governance, Anti-Money Laundering, Legal Reform
Substantive Justice in Law Enforcement against Nominee Account Crimes from the Perspective of Aristotle and H.L.A. Hart's Philosophy: Keadilan Substantif dalam Penegakan Hukum terhadap Kejahatan Akun Nominee dalam Perspektif Filsafat Aristoteles dan H.L.A. Hart Ginting, Beren Rukur; Wounde, Albert Huppy; Setyawan, Fendi; Amrullah, M. Arief
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.v13i2.1086

Abstract

General Background: The rapid development of financial systems and information technology has intensified complex economic crimes, including the misuse of nominee accounts to conceal beneficial ownership. Specific Background: In Indonesia, law enforcement often remains trapped in formalistic approaches that focus on nominal account holders, overlooking substantive perpetrators behind nominee structures. Knowledge Gap: This condition reveals a gap between formal legal responsibility and substantive justice, where moral culpability and true control over assets are insufficiently addressed in positive law enforcement practices. Aims: This study aims to analyze the application of substantive justice in handling crimes involving nominee accounts through the philosophical perspectives of Aristotle and H.L.A. Hart. Results: Using a normative-juridical and philosophical approach, the study finds that effective law enforcement should assess legal responsibility based on actual control, intent, and benefit, rather than mere formal ownership. Novelty: By integrating Aristotle’s concepts of distributive and corrective justice with Hart’s theory of legal rules and moral reasoning, this study offers a synthesized philosophical framework for penetrating legal formalism in nominee-related crimes. Implications: The findings imply the need for a paradigm shift in Indonesian law enforcement toward substantively just, morally grounded, and proportionate accountability to ensure that law functions as an instrument of genuine justice rather than procedural compliance alone. Highlights: Emphasizes the need to move beyond formal ownership toward identifying the true beneficial owner in nominee-based crimes. Integrates classical moral philosophy and modern legal theory to strengthen substantively just law enforcement. Highlights the urgency of reforming Indonesian legal practices to align legal certainty with moral accountability. Keywords: Substantive Justice, Nominee Accounts, Legal Formalism, Aristotle, H.L.A. Hart
Strengthening the Role of the Corruption Eradication Commission in Preventing Corruption through the Illicit Enrichment Approach in LHKPN Reporting: Penguatan Peran KPK dalam Pencegahan Tindak Pidana Korupsi melalui Pendekatan Illicit Enrichment pada Pelaporan LHKPN Winharli, Khurulaini Syahwa
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.v13i2.1087

Abstract

General Background: Corruption remains a persistent systemic problem in Indonesia, prompting preventive strategies centered on transparency and accountability of public officials. Specific Background: The Corruption Eradication Commission (KPK) administers the State Officials’ Wealth Report (LHKPN) as a preventive instrument; however, its implementation is weakened by low compliance, data inaccuracy, and the absence of stringent sanctions. Knowledge Gap: Although Indonesia has ratified the United Nations Convention against Corruption (UNCAC), the Illicit Enrichment mechanism mandated therein has not been substantively integrated into the national legal framework to reinforce LHKPN. Aims: This study examines the prospects of incorporating the Illicit Enrichment concept into Indonesian regulations to strengthen LHKPN as an effective tool for corruption prevention. Results: The findings indicate that adopting Illicit Enrichment could enhance substantive verification of LHKPN, ensure accountability of asset disclosures, and provide a legal basis for follow-up actions against unexplained wealth. Novelty: This study offers a focused legal analysis linking Illicit Enrichment directly to the strengthening of LHKPN as a preventive mechanism rather than solely as a punitive tool. Implications: Regulating Illicit Enrichment in Indonesia would bolster the preventive mandate of the KPK, improve asset transparency, and contribute to more effective corruption deterrence through enhanced legal certainty and enforcement. Highlights: Administrative-only LHKPN sanctions weaken deterrence and reduce asset declaration accountability. Illicit enrichment criminalization enables substantive verification of abnormal wealth growth in LHKPN. Strengthened enforcement supports investigation escalation and asset recovery for unexplained wealth. Keywords: Corruption Prevention, Illicit Enrichment, LHKPN, Asset Transparency, KPK
Criminal Liability for Child Grooming Operational Patterns in Mobile Legends Online Gaming Fachri, Amanda Maharani; Harefa, Beniharmoni
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.v13i2.1089

Abstract

General Background—The rapid expansion of digital interactive spaces has intensified risks of non-physical sexual violence against children, particularly through online gaming platforms; Specific Background—Mobile Legends, one of Indonesia’s most popular multiplayer games, offers communication features that have been exploited by perpetrators to conduct child grooming through gradual trust-building and manipulation; Knowledge Gap—Indonesian criminal law does not explicitly regulate child grooming as a standalone offense, creating uncertainty in attributing criminal liability at pre-physical stages; Aims—This study analyzes the criminal liability of child grooming perpetrators operating through Mobile Legends within the framework of Indonesian law; Results—Using a normative juridical method, the study finds that perpetrators’ actions satisfy the elements of actus reus and mens rea under existing statutes, including child protection, electronic information, and sexual violence laws, even without physical contact; Novelty—The research integrates criminal liability theory with empirically identified grooming patterns in online gaming environments, emphasizing accountability at the preparatory and psychological manipulation stages; Implications—The findings suggest that while current laws can substantively address digital child grooming through systematic interpretation, effective enforcement requires enhanced digital forensic capacity, child-centered reporting mechanisms, and stronger collaboration with game platform providers to ensure comprehensive child protection in the digital era. Highlights: Digital Modus Operandi — Child grooming in Mobile Legends occurs through staged psychological manipulation using in-game and external communication features. Legal Accountability — Even without physical contact, grooming actions fulfill actus reus and mens rea under Indonesian child protection, ITE, and TPKS laws. Regulatory Urgency — The absence of explicit grooming provisions highlights the need for clearer norms and stronger digital law enforcement mechanisms. Keywords: Child Grooming, Online Gaming, Criminal Liability, Digital Sexual Violence, Indonesian Law
About Sovereign Wealth Fund : Comparative Study Between Daya Anagata Nusantara and 1Malaysia Development Berhad Nalasatya, Putiara
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.v13i2.1092

Abstract

General Background: Sovereign Wealth Funds (SWFs) function as state-owned investment instruments designed to support macroeconomic stability and long-term development. Specific Background: Indonesia’s Danantara and Malaysia’s 1MDB represent two national models with shared objectives but divergent governance outcomes. Knowledge Gap: Despite Danantara’s strategic role in state-asset consolidation, limited research has compared its legal foundation and governance vulnerabilities with the failed 1MDB model. Aims: This study examines the governance structures, legal legitimacy, and oversight mechanisms of Danantara in comparison with 1MDB to identify potential risks. Results: Findings show that both institutions exhibit similarities in centralized executive control, ambiguous regulatory frameworks, and insufficiently independent auditing processes, creating vulnerabilities to conflicts of interest and weakened accountability. Novelty: This research provides an early, systematic legal-comparative assessment of Danantara, highlighting structural parallels with 1MDB before similar governance failures materialize. Implications: Strengthening Danantara’s sui generis legal basis, clarifying institutional status, and reinforcing checks-and-balances mechanisms are critical to preventing maladministration, ensuring transparency, and safeguarding national assets. Highlights: Danantara and 1MDB share governance risks rooted in concentrated executive authority. Weak legal frameworks and unclear institutional status heighten vulnerability to maladministration. Strengthening oversight, transparency, and checks-and-balances is crucial to prevent 1MDB-like failures. Keywords: Danantara, 1MDB, Sovereign Wealth Fund, Governance, Legal Accountability

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