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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 169 Documents
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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
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

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