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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 5 Documents
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Search results for , issue "Vol. 14 No. 1 (2026): June" : 5 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
Interpreting “Held by the State”: Article 38 (1) Copyright Law and Traditional Cultural Expression Protection Amrulla, Mohammad Fahrial; Kusumadara, Afifah; Santoso, Budi; Widyanti, Yenny Eta
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.v14i1.1119

Abstract

General Background Traditional cultural expressions constitute communal cultural heritage embodying identity, philosophy, and collective memory, requiring legal protection aligned with their communal and sacred nature. Specific Background In Indonesia, traditional batik motifs—particularly the sacred Parang motifs of the Yogyakarta Sultanate—are classified as traditional cultural expressions whose copyright is declared “held by the state” under Article 38 paragraph (1) of Law No. 28 of 2014 on Copyright. Knowledge Gap This formulation contains normative ambiguity, as it does not clearly define whether state authority represents ownership, public trusteeship, or mere administrative control, resulting in weak legal certainty for indigenous custodians. Aims This study examines the legal meaning of the phrase “held by the state” in relation to the protection of sacred Parang batik motifs within the framework of traditional cultural expressions. Results The analysis shows that the provision functions as a declarative norm lacking substantive mechanisms, failing to recognize customary authority, community consent, or benefit-sharing, and thereby permitting desacralization and misuse of sacred motifs. Novelty This research clarifies that state control over traditional cultural expressions should be interpreted as public trusteeship rather than ownership, drawing comparative insights from community-centered protection models in India and Thailand. Implications The findings support the development of a sui generis legal framework integrating customary law, community participation, and administrative facilitation to ensure sustainable and culturally respectful protection of sacred batik motifs. Highlights: Article 38 paragraph (1) operates as a declarative norm without concrete protective mechanisms Legal ambiguity weakens recognition of indigenous custodianship over sacred motifs Comparative models support community-based rights with state administrative roles Keywords: Batik, Traditional Cultural Expression, Copyright, State Held
Proportional Human Rights Protection in Democratic Transitions: Perlindungan HAM Proporsional dalam Transisi Demokrasi Hetharia, Melkias
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.v14i1.1137

Abstract

General Background Human rights protection is a constitutional foundation of democratic rule of law and a safeguard against authoritarian regression. Specific Background In democratic transitions, states must balance political stability, transitional justice, and human rights protection. Knowledge Gap Previous studies have not sufficiently compared how different legal systems shape institutional and judicial roles in protecting human rights during democratic transition. Aims This study analyzes human rights protection in transitional democracies through a normative comparative legal approach between Indonesia and the United States. Results The findings show that proportionality is the main standard for lawful rights limitation through legality, legitimate aim, suitability, necessity, and balancing tests. Non-derogable rights, including the right to life, freedom from torture, and freedom of religion, must remain absolutely protected. Indonesia’s civil law system places courts within statutory frameworks, while the United States’ common law system gives courts broader authority through judicial review. Novelty This study integrates proportionality and transitional justice in comparing civil law and common law models. Implications The findings emphasize institutional strengthening, judicial accountability, and state-society collaboration. Highlights: Proportionality guides lawful limitation of rights. Non-derogable rights remain absolutely protected. Legal systems shape judicial authority differently. Keywords: Human rights protection, democratic transition, transitional justice, proportionality, comparative law  
Legal Protection for Intermediaries in Transactions Involving Negotiable Certificates of Deposit: A Comparative Analysis of Indonesian and United States Law Sution, Enroy; C. , Adam Richard
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.v14i1.1142

Abstract

General Background Financial market transactions involving negotiable instruments require legal certainty, proportional liability, and reliable protection for parties acting in good faith. Specific Background Negotiable Certificates of Deposit create complex chains of legal relations because they are transferable financial instruments involving issuers, investors, and intermediaries. Knowledge Gap Existing regulation has not clearly defined the legal status, duties, and civil liability limits of intermediaries, causing vulnerability in disputes and inconsistent legal interpretation. Aims This study analyzes intermediary protection in Negotiable Certificate of Deposit transactions through the PT MNC Asia Holding Tbk case and formulates a stronger legal framework through comparison with the United States legal system. Results The findings show that intermediary protection remains partial, reactive, and normatively ambiguous, while the Uniform Commercial Code provides a clearer model through holder in due course protection, good faith standards, transfer warranties, and fault-based liability. Novelty The study offers a comparative legal formulation that recognizes intermediaries as independent transactional actors requiring preventive and repressive safeguards. Implications The findings support specific regulation for negotiable instruments, explicit recognition of intermediary status, national due diligence standards, and adoption of good faith and holder in due course principles to strengthen fairness, legal certainty, and financial market stability. Highlights: Existing rules leave brokers vulnerable to broad liability interpretation. Good faith parties receive clearer safeguards under commercial paper doctrine. Regulatory reform should define duties, status, and due diligence standards. Keywords: Legal Protection, Negotiable Certificate of Deposit, Uniform Commercial Code.

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