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Journal : Rechtenstudent Journal

Sanctions for Criminal Act of Fishing with Explosives: Islamic Law Perspective Nur Khovidatur Rohma; Rumawi Rumawi
Rechtenstudent Vol. 3 No. 3 (2022): Rechtenstudent December 2022
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v3i3.192

Abstract

The state loss of 30 trillion rupiah is part of the negative impact of the crime of fishing with explosives in Indonesia. A more severe negative impact is damage to marine habitats and ecosystems. This includes fishing with explosives accompanied by destruction to the environment. If this natural damage is not repaired immediately, then the threat of greater losses will haunt the Indonesian state which will also have a major impact on the earth's environment and global climate change. Islamic law does not tolerate any crime that harms the nation and society, which is very suitable to be a source of Indonesian law. So that the crime of fishing with explosives can be studied using Islamic law in its entirety. Then, the Qiyas method is used to analogize it to Islamic law which textually does not mention the term criminal act of fishing with explosives. Finally, the authors come to the conclusion that the crime of fishing with explosives is included in the ta'zir crime, namely a crime that does not fulfill the head or qi?as diy?t requirements perfectly. However, with this ta'zir punishment, the strict attitude of Islamic law towards the perpetrators does not disappear, in fact, these strict sanctions can be in the form of death penalty, imprisonment, exile, and fines. The party authorized to impose the sentence is Ulil-Amri, who of course must be supported by all of society, so that the sanctions imposed can be effective. Hopefully the strictness of Islamic law can become a source of positive Indonesian law in the future.
Penetapan Suku Bunga pada Bank Perkreditan Rakyat Jawa Timur Cabang Jember Perspektif Hukum Ekonomi Islam Ervina Maftuhatun Nurul Qomariah; Rumawi Rumawi; Nina Agus Hariarti; Puput Lestari
Rechtenstudent Vol. 4 No. 1 (2023): Rechtenstudent April 2023
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v4i1.206

Abstract

Bank interest or usury is simply interpreted as an expression of remuneration for the use of money lent or the use of funds. Communities who need funds for business will provide remuneration to banks that have provided loans in the form of credit for additional business capital, investment and working capital in trade. The aims of this study are: 1) To find out the determination of interest rates at BPR Jember branches. and 2). Knowing the perspective of Islamic economic law on the determination of interest rates at the East Java BPR Jember branch. Research method The type of research used by researchers is empirical research, namely where the empirical legal research method originates from facts quoted directly from the words and behavior levels of research informants, by conducting interviews while conducting direct observation of research locations. This empirical research is used to directly identify the informants and retrieve data from the results of their research directly and in the form of direct documentation as data to strengthen the results of the research. The purpose of this research is to study in depth about the determination of interest rates at the Madani Blooms National Capital Bank in Panti Jember District. Then from the results of this study, there are conclusions from researchers regarding the determination of interest rates in BPR Jember.
Legal Protection for Financial Technology Users Against Fraud and Illegal Acts Muhammad Labib; Rumawi Rumawi
Rechtenstudent Vol. 4 No. 3 (2023): Rechtenstudent December 2023
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v4i3.296

Abstract

Nowadays, online loan provider companies are increasing rapidly. Ironically, this has negative impacts such as crimes committed by online loan providers. So many users are harmed. This research is normative research, namely research that uses applicable laws and regulations and the approach used is a statutory approach. The results of this research are that in providing legal protection to users of online loan services, the Financial Services Authority (OJK) issued regulations, namely POJK No. 77/POJK.01/2016 concerning technology and information-based lending and borrowing services. And also POJK No.13 /POJK.02/2008 concerning digital financial innovation in the financial services sector. Legal protection can be carried out after a dispute occurs between a user and other users. This regulation is the first regulation issued by the OJK to directly protect fintech issues. The financial services authority has a very important role, namely having the authority to supervise information technology-based companies. OJK itself was formed to impact sustainable and stable economic growth. It is hoped that the OJK was formed to support the interests of the financial services sector as a whole so that it can compete in the economic sector.