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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 188 Documents
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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.
Legal Protection of Vulnerable Consumers in Digital Transactions in Indonesia Dewi Nadya Maharani; Muhamad Afifullah; Fauzan Muzakki; Henni Wijayanti; Roosdiana Harahap
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.v14i1.1143

Abstract

General Background: The rapid growth of e-commerce, fintech, and digital platforms has transformed consumer interactions while increasing consumer risks in the digital economy. Specific Background: Consumer protection in Indonesia is governed by the Consumer Protection Law and supported by the Electronic Information and Transactions Law, the Personal Data Protection Law, and sectoral regulations related to electronic systems. Knowledge Gap: Despite these regulations, legal fragmentation creates uncertainty and fails to explicitly recognize vulnerable consumers in digital transactions. Aims: This study develops a conceptual framework for vulnerable consumers and examines its incorporation into Indonesia’s Consumer Protection Law. Results: The findings reveal that Indonesia’s legal framework remains formally equal and fragmented, providing only partial protection through sectoral regulations while leaving many vulnerable groups insufficiently protected. Novelty: The study integrates theories of legal protection, distributive justice, the welfare state, and consumer rights to propose a vulnerability-sensitive framework. Implications: The findings support the harmonization of consumer protection, electronic transaction, and personal data protection laws to establish a more adaptive and inclusive consumer protection system in Indonesia’s digital ecosystem.  Highlights: Indonesia’s consumer protection regime does not explicitly recognize vulnerable consumers in digital transactions. Regulatory fragmentation creates legal uncertainty and protection gaps. Legal harmonization is needed to support an inclusive digital consumer protection framework. Keywords: Legal Protection, Vulnerable Consumers, Digital Transactions
Legal Protection for Consumers in the Context of Dark Patterns in Indonesian Marketplace Applications: A Comparative Study With the Netherlands Annisa Annisa; Sylvana Murni Deborah Hutabarat
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.v14i1.1149

Abstract

General Background: The rapid expansion of digital marketplaces has increased consumer exposure to manipulative interface design, creating new challenges for consumer autonomy, fairness, and legal protection. Specific Background: In Indonesian marketplace applications, dark patterns appear through false urgency, hidden costs, sneak into basket, fake reviews, fake discounts, and disguised advertisements, which may harm consumers psychologically and financially. Knowledge Gap: Indonesia’s current legal framework remains general, fragmented, and reactive, while no specific regulation explicitly defines or prohibits manipulative interface design in marketplace ecosystems. Aims: This normative legal study examined consumer protection against dark patterns in Indonesia and compared it with Dutch regulations through statutory, conceptual, and comparative approaches. Results: Indonesian law only partially addresses dark patterns through consumer protection, electronic information, personal data, and electronic commerce provisions. By contrast, the Netherlands applies multi-layered protection through the DSA, WHC, GDPR-related standards, ACM technical guidelines, and proactive monitoring, including automated screening tools. Novelty: This study specifically compares Indonesia and the Netherlands in regulating and enforcing consumer protection against marketplace dark patterns. Implications: Indonesia needs explicit dark pattern regulation, operational technical guidelines, technology-based monitoring, stronger supervisory institutions, and targeted digital literacy programs to protect consumers from manipulative marketplace interfaces. Highlights: Marketplace users face psychological and financial harm. The national framework remains general and complaint based. ACM guidance demonstrates proactive technical supervision and automated screening. Keywords:  Dark Patterns, Consumer Protection, Marketplace Applications, Regulation
Health Data Protection Gaps in Indonesia and Romania Ruth Maria Angelina Hutapea; ⁠Reka Dewantara; ⁠Patricia Audrey Ruslijanto
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.v14i1.1152

Abstract

General Background: The rapid digitalization of healthcare services after COVID-19 has expanded health data processing and increased privacy breach risks. Specific Background: Indonesia and Romania have developed comprehensive legal frameworks through the Indonesian Personal Data Protection Law, Health Law, GDPR, and Lege nr. 190/2018, yet both jurisdictions still face difficulties in protecting sensitive health information. Knowledge Gap: Existing studies have not sufficiently compared post-pandemic health data protection in Indonesia and Romania by examining supervisory institutions, law enforcement mechanisms, and the gap between legal norms and empirical implementation. Aims: This study analyzes and compares the regulation, enforcement mechanisms, supervisory capacity, and institutional governance of health data protection in Indonesia and Romania. Results: The findings show that both countries possess adequate normative frameworks but experience enforcement gaps caused by institutional weaknesses, inconsistent supervision, fragmented sectoral coordination, limited technical readiness, and weak compliance culture in healthcare institutions. Indonesia faces a critical institutional void because the independent data protection authority is not yet fully operational, while Romania faces selective and passive enforcement by ANSPDCP toward public healthcare institutions. Novelty: This study offers a comparative model that links regulatory design, health data governance, supervisory capacity, and institutional compliance in two distinct legal regimes: Indonesia’s national data sovereignty model and Romania’s GDPR-based free data flow model. Implications: Effective health data protection requires independent supervisory authorities, privacy by design, accessible dispute resolution, harmonized sectoral regulation, and sustainable institutional compliance culture.
Reconceptualizing the Elements of Well-Known Trademarks in Trademark Registration in Indonesia, Italy, and the United States: Merekonseptualisasi Kembali Unsur-Unsur Merek Terkenal dalam Pendaftaran Merek di Indonesia, Italia, dan Amerika Serikat Kesya Fadhilah Azzahra; Rianda Dirkareshza
Rechtsidee Vol. 14 No. 2 (2026): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v14i2.1154

Abstract

General Background: Well-known trademarks require legal protection to preserve exclusive rights, reputation, and fair market competition. Specific Background: This study compares protection models in Indonesia, Italy, and the United States. Knowledge Gap: Indonesian trademark regulation still lacks explicit and comprehensive provisions on dilution, judicial precedent, blurring, tarnishment, unfair advantage, and likelihood of confusion. Aims: This study analyzes the protection of well-known trademarks through comparative legal analysis using normative juridical and case approaches. Results: Italy and the United States provide broader safeguards through dilution-related doctrines that protect reputation, distinctiveness, and commercial identity, while Indonesia has progressed under Law No. 20 of 2016 but still requires clearer standards and stronger examination guidelines. Novelty: The study proposes reconceptualizing Indonesian well-known trademark protection by adopting explicit dilution provisions and structured assessment criteria. Implications: Future amendments should strengthen legal certainty, prevent bad faith registration, support fair competition, and maintain consumer trust. Highlights: Italy and the United States provide broader safeguards. Judicial precedent needs clearer regulatory recognition. Bad faith registration remains a key concern. Keywords: Well-Known Trademark, Famous Mark, Trademark Law
Balancing Public Interest with Property Rights in Indonesian and Kenya Toll Road Acquisition: Menyeimbangkan Kepentingan Umum dengan Hak Milik dalam Pembebasan Lahan untuk Jalan Tol di Indonesia dan Kenya Rendy Dwiandika; Moh. Fadli; Reka Dewantara; Istislam Istislam
Rechtsidee Vol. 14 No. 2 (2026): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v14i2.1157

Abstract

General Background: Toll road development requires states to reconcile infrastructure objectives with constitutional protection of private property. Specific Background: In Indonesia and Kenya, land acquisition for commercially operated toll roads under Public Private Partnership schemes raises recurring questions concerning public interest, eminent domain, compensation, participation, and judicial protection. Knowledge Gap: Previous research largely addressed consultation, social conflict, or property protection within a single jurisdiction and did not comparatively examine commercial toll road acquisition across civil law and common law systems. Aims: This normative legal study compares statutory rules, constitutional provisions, legal doctrines, and jurisprudence governing toll road land acquisition in Indonesia and Kenya through comparative and conceptual approaches. Results: Both jurisdictions face difficulties in defining public interest and securing fair compensation for commercially operated infrastructure; Indonesia emphasizes procedural certainty, whereas Kenya allows broader substantive judicial review. Novelty: The study connects divergent legal traditions within one comparative framework focused specifically on eminent domain for commercial toll road partnerships. Implications: A balanced legal model requires proportionality, meaningful public participation, comprehensive compensation, livelihood-sensitive protection for vulnerable groups, and effective judicial safeguards. Highlights: One jurisdiction prioritizes procedural certainty, while the other permits broader substantive judicial review. Commercial infrastructure schemes complicate definitions of public interest and fair compensation. Proportionality, meaningful participation, comprehensive payment, and court protection form the proposed model. Keywords: Public Interest, Property Rights, Toll Road Land Acquisition
Comparison of Consumer Dispute Resolution of Car Purchases on Credit in Indonesia, Malaysia and Australia Sri Wahyuni; Efa Laela Fakhriah; Anita Afriana; Sonyendah Retnaningsih
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.v14i1.1163

Abstract

General Background: Consumer protection in car credit financing requires effective dispute resolution mechanisms. Specific Background: Indonesia, Malaysia, and Australia apply different legal and institutional approaches to resolving consumer disputes. Knowledge Gap: Comparative evidence on the strengths and weaknesses of these systems remains limited. Aims: This study compares consumer dispute resolution mechanisms for car credit purchases in the three countries. Results: Using normative legal research with statutory, case, conceptual, and comparative approaches, the study found that Indonesia faces overlapping institutional authority, Malaysia provides a simpler tribunal-based mechanism, and Australia adopts preventive protection through hardship notices and the Australian Financial Complaints Authority. Novelty: The study integrates institutional authority, procedural simplicity, legal certainty, and preventive protection into a comparative framework across three different legal systems. Implications: Strengthening institutional authority, simplifying procedures, and adopting preventive consumer protection mechanisms may improve legal certainty in Indonesia. Highlights: Indonesia experiences overlapping institutional authority in dispute resolution. Malaysia applies a streamlined tribunal-based settlement system. Australia emphasizes preventive consumer protection through external dispute resolution. Keywords: Car Loan Purchase, Consumer Protection, Dispute Resolution, Legal Comparison
Legal Protection against Revenge Porn: A Comparative Criminal Law Analysis of Indonesia and Laos: Perlindungan Hukum terhadap Pornografi Balas Dendam: Analisis Perbandingan Hukum Pidana antara Indonesia dan Laos Nikmatul Keumala Nofa Yuwono; Wahyudi Ikhsan
Rechtsidee Vol. 14 No. 2 (2026): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v14i2.1164

Abstract

General Background: Non-consensual dissemination of intimate images constitutes technology-facilitated gender-based violence that causes persistent psychological, social, economic, and privacy-related harm. Specific Background: Southeast Asian legal systems address this offense through divergent criminal doctrines shaped by different political, cultural, and institutional traditions. Knowledge Gap: Comparative scholarship has rarely examined the statutory criminalization and recovery mechanisms applied in Indonesia and the Lao People’s Democratic Republic. Aims: This study compares both jurisdictions’ criminal policies and evaluates their capacity to provide substantive justice for survivors. Results: Normative legal research was conducted through statutory, conceptual, and comparative criminal law approaches. Indonesia expressly recognizes electronic-based sexual violence under Law No. 12 of 2022, placing absence of consent, bodily autonomy, digital privacy, and gender-based power relations at the center of criminal liability. Its framework provides restitution, a victim assistance fund, and content-removal mechanisms. The Lao legal system contains no specific offense for non-consensual intimate image distribution and instead relies on pornography, indecent behavior, cybercrime, and cultural morality provisions. Reliance on Village Mediation Committees prioritizes communal harmony and informal compromise, creating substantial risks of secondary victimization and perpetrator impunity. Novelty: The study connects differences in criminalization doctrine with the practical architecture of survivor recovery in two contrasting Southeast Asian legal systems. Implications: Lao legislation requires a consent-based autonomous offense, formal reparative mechanisms, and removal of mandatory community mediation, while Indonesian institutions require gender-sensitive enforcement and consistent execution of restitution and digital erasure rights. Highlights: The first jurisdiction expressly criminalizes electronic sexual abuse through the absence-of-consent principle. The second jurisdiction relies on morality, obscenity, cyber-security, and communal dispute mechanisms. Restitution, financial assistance, and digital content removal provide a more comprehensive recovery structure. Keywords: Revenge Porn, Comparative Criminal Law, UU TPKS, Lao Penal Code, Non-Consensual Intimate Images

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