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JURNAL RECHTENS
Published by Universitas Islam Jember
ISSN : 19077114     EISSN : 26221802     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Rechtens adalah media per-semester yang diterbitkan oleh Fakultas Hukum Universitas Islam Jember (UIJ) sebagai upaya mempublikasikan ide, gagasan dan kajian hukum serta perkembangan hukum baik secara teori maupun praktek. Jurnal Rechtens ditujukan bagi para pakar, akademisi, praktisi, penyelenggara Negara, kalangan pemerhati dan penggiat dalam bidang hukum.
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Articles 9 Documents
 1 
Search results for , issue "Vol. 14 No. 2 (2025): Desember 2025" : 9 Documents clear
Efektivitas Hak Bekerja Bagi Penyandang Disabilitas Fisik Di Kabupaten Jember Hasan Basri, Achmad; Surya Waliden , Ibnu Al Alwaton; Mufidah Indana , Elizatul
JURNAL RECHTENS Vol. 14 No. 2 (2025): Desember 2025
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/rechtens.v14i2.3830

Abstract

This study aims to examine the effectiveness of fulfilling the right to work for people with disabilities in Jember Regency. The method used is empirical legal research using a legislative approach and legal sociology. The results of this study: 1. The effectiveness of the right to work for people with physical disabilities in Jember Regency has not been effective due to several factors, namely: There is no discretion regarding the optimization of the right to work for people with disabilities in the private employment sector by law enforcement. There are no special training program facilities for people with disabilities. The community in viewing the existence of people with disabilities still judges from their limitations. As well as cultural factors where there is a stigma against people with disabilities who consider their physical limitations. 2. Some of the obstacles faced by the Jember Regency Regional Government are as follows: low awareness of the importance of inclusion for people with disabilities, limited accessibility, lack of training, negative social stigma in society, support from the Regional Government in incentive policies to encourage companies to employ people with disabilities. Data is not yet accurate and the lack of information on job opportunities reduces the participation of people with disabilities.
Kedaulatan Fiskal dan Penguatan Otonomi Daerah Dalam Pemungutan Retribusi Pasca Undang-Undang Nomor 1 Tahun 2022 Abhiseka, I Gede Druvananda; Rusmana, I Putu Edi; Ramadhan, Febriansyah
JURNAL RECHTENS Vol. 14 No. 2 (2025): Desember 2025
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/rechtens.v14i2.4067

Abstract

The purpose of this study is to examine the extent to which the sovereignty in the collection and sustainable development of regional retribution is implemented. This paper employs normative legal research. “The results of the study indicate that the form of sovereignty in the collection and development of regional retribution after the enactment of the Law on Financial Relations between the Central Government and Regional Governments” is limited, as the central government retains the authority to adjust tax and/or retribution rates stipulated in Regional Regulations on Taxes and/or Retributions through presidential regulations. Therefore, it can be concluded that regional governments do not yet fully possess fiscal sovereignty. It is recommended that the government promptly complete all implementing regulations for the amended provisions to ensure the smooth administration of regional retribution and the continued operation of regional autonomy, while maintaining the essence of regional sovereignty both in terms of autonomy and fiscal authority.
Kebijakan Perlindungan Hukum Pidana Bagi Anak dan Perempuan Korban Kekerasan Seksual Djawaria Pare, Prisko Yanuarius; Wea, Enjelina; Yda, Claudia
JURNAL RECHTENS Vol. 14 No. 2 (2025): Desember 2025
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/rechtens.v14i2.4582

Abstract

Sexual violence today is always a threat that threatens the safety of life, one of which is children and women. The purpose of this study is to identify the factors causing violence, forms of violence and analyze criminal law protection policies to protect victims and combat perpetrators of sexual crimes. The type of research that is explored is normative juridical research by conducting an in-depth analysis of laws and regulations and doctrines in legal science. The results of the research achieved from this activity are as follows, it was found that the factors causing sexual violence are individual factors, relationship factors, community factors and environmental factors. The forms of violence that occur include; physical violence, psychological violence, sexual violence, economic violence, and cyber crime. Legal protection efforts provided include preventive legal protection and repressive legal protection.
Ketidaktepatan Frasa Alasan Pemaaf Pada Ketentuan Pencemaran Nama Baik Dalam KUHP Nasional Zubaba, Bagaz; Windari, Rusmilawati
JURNAL RECHTENS Vol. 14 No. 2 (2025): Desember 2025
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/rechtens.v14i2.4696

Abstract

Law Number 1 of 2023 concerning the National Criminal Code as a criminal law reform still contains errors in its formulation. This inaccuracy is demonstrated by the phrase “excusable grounds,” which is interpreted as removing the unlawful nature of the provisions in the explanation of Article 433 Paragraph (3) regarding grounds for criminal exemption in criminal defamation.This is a normative research based on statute, conceptual, and comparative approach. The study conducted generates 2 results “forced to defend oneself” and “for the public interest” should be categorized as justifying reasons and not exculpatory reasons because justifying reasons eliminate the unlawful nature of the act and exculpatory reasons eliminate the offender's guilt/criminal responsibility. Inaccuracies in the formulation should be minimized because they can have implications for the objectives of the criminal provisions and their application. The recommendation of this study is to revise the wording of the article so that it is in line with the principles of criminal law and applicable doctrine, thereby creating legal certainty and justice in the national criminal law system.
Peran Peran Kepolisian Dalam Penyelesaian Konflik Antar Pencak Silat Melalui Restorative Justice di Kecamatan Patrang Kabupaten Jember Mahendra, Oeny Angga; Isnaeni, Diyan; Muhibbin, Moh.
JURNAL RECHTENS Vol. 14 No. 2 (2025): Desember 2025
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/rechtens.v14i2.4761

Abstract

Communal violence involving martial arts schools has become a recurrent issue that threatens local social stability. This study examines the role of the police in resolving conflicts between martial arts schools through a Restorative Justice (RJ) approach in Patrang District, Jember Regency, and identifies the factors influencing the effectiveness of its implementation. Using an empirical juridical research method, data were collected through document analysis (LPM, SP.Gas, SP.Lidik, and Mediation Reports) and interviews with police investigators and leaders of martial arts organizations. The findings reveal that the police perform multiple roles, including pre-emptive and preventive measures, the facilitation of penal mediation, and the application of proportional repressive actions based on legal discretion under Police Regulation No. 8 of 2021. The effectiveness of RJ is shaped by three key factors: procedural validity, social legitimacy of the police and willingness of conflicting groups to reconcile, and institutional support from the Jember Martial Arts Communication Forum (FKPJ) as a multiparty dialogue platform. Although RJ successfully suppresses escalation and prevents retaliation, its implementation faces challenges such as personnel limitations, internal group dynamics, and maintaining neutrality.
Penerapan Tindak Pidana Pencucian Uang (Money Laundering) Dalam Transaksi Perbankan MANAB, ABD
JURNAL RECHTENS Vol. 14 No. 2 (2025): Desember 2025
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/rechtens.v14i2.4817

Abstract

The purpose of this study is to analyze and find the application of money laundering crimes in banking transactions. Using a qualitative research method through a normative juridical approach, namely an approach using a positivist juridical conception, namely that law is identical to written norms made by the authorities. That must pay attention to three legal elements, namely: Substance, Subject, and Culture. These three elements have been considered by the Indonesian government in enforcing the law in Indonesia and applied to the Crime of Money Laundering, the Crime of Money Laundering in Banking transactions. This quite important role can be seen starting from the formation of a Special Working Unit before the effectiveness of the PPATK in supervising TPPU in Indonesia to the issuance of OJK regulations regarding the KYC (Knowing Your Customer) system and requiring every PJK Bank to implement the system as an effort to prevent TPPU in the banking sector.
Asas Kepastian Hukum Dalam Penyelenggaraan Pemerintahan Desa wahyuono, arifin; Sabil, Arum; aris, mohammad; Nasikin, Ahmad
JURNAL RECHTENS Vol. 14 No. 2 (2025): Desember 2025
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/rechtens.v14i2.4913

Abstract

This study aims to analyze how village governance is implemented based on legal certainty in Law Number 6 of 2014 concerning Villages. This study uses a normative legal research method with a legislative approach and a conceptual approach. The conclusion obtained is that the principle of legal certainty is one of the fundamental principles in village governance. All government, development, and community empowerment activities must be carried out in accordance with applicable laws and regulations. The application of the principle of legal certainty in village governance is seen in the preparation and implementation of village regulations and in the administrative aspects of village governance. By implementing the principle of legal certainty, village governance can realize good governance, is able to provide legal protection for village officials, village communities receive assurance that government administration runs in an orderly, transparent, and non-arbitrary manner, and also strengthens public trust in the village government.
Orderan Fiktif Dalam Ekosistem Gig Economy: Analisis Status Hukum Ojek Online dan Perbandingan Hukum Indonesia-Inggris Kholifah, ummu; Mangar, Irma
JURNAL RECHTENS Vol. 14 No. 2 (2025): Desember 2025
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/rechtens.v14i2.4919

Abstract

The development of digital technology has encouraged the birth of the gig economy that offers work flexibility through digital platforms such as online motorcycle taxis (ojol). However, the legal status of ojol drivers who are classified as partners, not workers, raises significant problems, especially related to the case of fictitious orders. This study aims to analyze the implications of the legal status of gig workers in Indonesia, especially ojol drivers, and to make a comparison with regulations in the UK. The research method used is normative-empirical law with a legislative, comparative law, and case approach. Primary data was obtained through interviews and observations of ojol drivers in Bojonegoro, while secondary data came from laws and regulations and court decisions. The results of the study showed that all respondents had experienced fictitious orders that caused economic and psychological losses, but did not receive legal protection due to their status as partners. The standard clause in the platform agreement shifts all responsibility to drivers, reflecting their weak bargaining position. Meanwhile, a comparison with the UK through the Uber BV v Aslam decision shows that drivers are categorized as workers who are entitled to basic protections such as minimum wage and paid leave
Kewenangan KPK Dalam Memeriksa Tindak Pidana Korupsi Pada Bank Indonesia Widya Saputra, Zakaria Tribrata; Syahrul Borman, Muhammad; Taufik, Moh.
JURNAL RECHTENS Vol. 14 No. 2 (2025): Desember 2025
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/rechtens.v14i2.4951

Abstract

The study analyzes the legal framework governing KPK’s authority, including Law Number 19 of 2019 on the KPK, the Anti-Corruption Law, and financial governance regulations related to the distribution of social assistance. Using a normative juridical method supported by statutory and conceptual approaches, this paper identifies the extent to which KPK can intervene in corruption cases involving state financial management within independent state institutions such as Bank Indonesia. Findings show that the KPK holds strong legal authority to investigate corruption offenses, especially when they involve potential state losses and violations of governance principles. The study also reveals several challenges, including coordination barriers among supervisory institutions and the complexity of Bank Indonesia’s internal mechanisms. This article contributes to the discourse on strengthening anti-corruption mechanisms in Indonesia and highlights the urgency of improving transparency and accountability in the management of national social assistance funds.

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