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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 2 Documents
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Search results for , issue "Vol. 14 No. 1 (2026): June" : 2 Documents clear
Post-Civil Code Contract Law Update: The Urgency of a New Codification in a Digital Society Rohana, Layli; Virdaus, Saivol; Pratama , Topan Yulia
Rechtsidee Vol. 14 No. 1 (2026): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v14i1.1102

Abstract

General Background Contract law codified in the nineteenth century was constructed on analog assumptions that presupposed physical objects, direct party interaction, and manual execution of agreements. Specific Background In Indonesia, the Civil Code as a colonial legacy increasingly fails to accommodate electronic transactions, digital objects of obligations, smart contracts, digital evidence, and multiparty relationships mediated by online platforms within a rapidly expanding digital economy. Knowledge Gap Existing provisions of the Civil Code do not systematically recognize electronic consent, automated contractual mechanisms, platform-based legal relations, or the probative value of digital evidence, resulting in normative gaps and legal uncertainty. Aims This study aims to examine the structural and substantive limitations of the Civil Code in the digital era and to formulate the urgency and direction of a new codification of contract law that aligns with contemporary technological realities. Results The analysis demonstrates that the Civil Code remains analog-oriented, lacks recognition of smart contracts and digital legal objects, provides no integrated framework for electronic evidence, and is unable to explain multiparty contractual relations governed by digital platforms and algorithms. Novelty This study articulates a comprehensive post-Civil Code codification model that integrates structural reform, recognition of smart contracts, digital consumer protection, and Online Dispute Resolution within a single coherent framework. Implications The proposed codification offers a systematic legal foundation to support Indonesia’s digital transformation, harmonize national contract law with international standards, and strengthen legal certainty in digital transactions. Highlights: The existing Civil Code framework remains bound to analog legal assumptions incompatible with digital transactions. Smart contracts, digital evidence, and platform-based relations lack systematic legal recognition. A unified post-Civil Code codification is required to align national contract law with digital economic development. Keywords: Contract Law Reform, Digital Contracts, Smart Contracts, Legal Codification, Online Dispute Resolution
Political Party Criminal Liability Models in Corruption Cases: A Comparative Analysis between Indonesia and France Ali, Hilmy Faidulloh; Djatmika, Prija; Yuliati, Yuliati; Istiqomah , Milda
Rechtsidee Vol. 14 No. 1 (2026): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v14i1.1103

Abstract

General Background Political parties occupy a central institutional position in democratic systems but are recurrently associated with corruption that benefits organisations collectively rather than solely individual actors. Specific Background Indonesia’s National Criminal Code recognises corporations as subjects of criminal liability, thereby opening doctrinal space for prosecuting political parties, while France has long applied legal person liability under Article 121-2 of the Code pénal, supported by strict political finance supervision. Knowledge Gap Despite normative recognition in Indonesia, political parties are rarely treated as corporate offenders in corruption cases, creating a gap between legal construction and enforcement practice. Aims This study analyses the construction of political party criminal liability under Indonesia’s National Criminal Code, examines the French model, and compares both systems to identify a more coherent liability framework. Results The findings show that Indonesia provides a broad normative basis for treating political parties as corporate criminal subjects but lacks clear implementing mechanisms, whereas France demonstrates a consolidated and operational model combining criminal liability with institutional financial oversight. Novelty This study offers a focused comparative analysis positioning political parties explicitly as corporate offenders within corruption law, highlighting structural rather than individual accountability. Implications The analysis underscores the need for clearer legislative articulation and strengthened institutional design in Indonesia to ensure that political parties benefiting from corruption can be held criminally accountable, drawing lessons from the French experience. Highlights: Indonesia’s criminal law framework recognises organisational responsibility but rarely extends prosecution beyond individual perpetrators. France applies legal person responsibility to political organisations through clear doctrine and dedicated financial supervision. Comparative analysis reveals institutional design as a decisive factor in enforcing accountability for corruption. Keywords: Corporate Criminal Liability, Political Parties, Corruption Offences, Indonesia, France

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