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Contact Name
Suphia
Contact Email
suphia@uij.ac.id
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Location
Kab. jember,
Jawa timur
INDONESIA
JURNAL RECHTENS
ISSN : 19077114     EISSN : 26221802     DOI : -
Core Subject : Social,
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.
Arjuna Subject : -
Articles 7 Documents
Search results for , issue "Vol. 3 No. 1 (2014): Juni" : 7 Documents clear
Kajian tentang Kompetensi Peradilan Mahkamah Konstitusi Terkait dengan Penetapan Pasangan Calon Kepala Daerah Muhammad Ridhwan
JURNAL RECHTENS Vol. 3 No. 1 (2014): Juni
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (260.338 KB) | DOI: 10.36835/rechtens.v3i1.89

Abstract

Amendments to the 1945 Constitution , has resulted in a fundamental change that is putting people's sovereignty in the hands of the people who carried out according to the Constitution . Means that the sovereignty of the people remain in the hands of them, as a real form of sovereignty vested in the people in the implementation of the state . Election systems can be realized through the structuring of the system and the quality of the election. Constitution of 1945 outlines the principles of a free and fair election in held as set forth in the Law. In a change that is governed by the provisions of Article 1 act (2) that are intended to optimize and understand sovereignty that followed in Indonesia . Furthermore, elections that are contained in Article 1 act (2) of the Constitution of 1945, sovereignty in people held upon the Law through democratic election to get representatives with integrity, capability, and moral accountability as public officials. Article 24C asserts that "The Constitutional Court has the authority to hear at the first and the last with a final decision to test the Law towards Constitution of 1945, to decide disputes in state institutions with the authority given by the Constitution of 1945, dissolution of political parties, and decide disputes about the results of elections. The Constitutional Court shall make a decision on the opinion of the House of Representatives regarding the alleged violations by the President /Vice- President according to the Constitution.
Perlindungan Hukum pada Pemenuhan Hak Anak atas Akta Kelahiran musfianawati musfianawati
JURNAL RECHTENS Vol. 3 No. 1 (2014): Juni
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (193.968 KB) | DOI: 10.36835/rechtens.v3i1.95

Abstract

Each and everyone is entitled to of status of civic. Someone child Civic proved with a identity that is act of birth. X'Self identity a child needed to to guarantee child x'self status before law, and ensure that child identity do not manipulation. Government al state in this case Responsibility fulfill children right of act of birth. This matter have been contained in sound some section in Law About Protection of child. But a sound some section in Law about Administration Population, to obtain; get that act of birth do not easy to. Time gone into effect to register in executor institution limited only 60 day. Besides if had been more than 60 day have to obtain; get approval of Functionary Of Institution Executor. And if passing time one year sanctioned which in the form of Fine. At Law About Protection of Child, congeniality of child is someone which not yet eighteen year of is including child in content. Obtaining civic status is human right which must be obtained by Indonesia citizen. Besides limited by registration time and sanctioned which in the form of fine to resident passing registration deadline, government al also not yet executed Law trust About Administration Population about existence of UPTD executor institution in Countryside storey; level and District. For no him of UPTD executor institution as one of the aid duty at Local Government cause resident which is its location far from institution office executor of record-keeping of birth of difficulty to obtain;get its rights. Its meaning of government al state in this case not yet optimal give protection of law to its citizen related to rights obtain;get act of birth 
Hak Uji Materiil oleh Mahkamah Agung untuk Menguji Peraturan Perundang-Undangan di Bawah Undang-Undang di Indonesia Arie Satio Rantjoko
JURNAL RECHTENS Vol. 3 No. 1 (2014): Juni
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (214.892 KB) | DOI: 10.36835/rechtens.v3i1.90

Abstract

Indonesian system is divided into three powers as the President of the House of Representatives as the executive legislative and judicial branches of government as the Supreme Court have each possess its own function which should not overlap because if there is one power of the power to interfere with duties or functions of other powers then there is a duality of power functions. To avoid dualism test regulations under the authority of law is conceptually the first test against legislation both legislation and regulations under the law should be left entirely to the judiciary based on the concept of power-sharing as stipulated in the Act Constitution of the Republic of Indonesia after the 1945 amendment.
Eksekusi Harta Waris di Pengadilan Agama Khoirul Muhtarom
JURNAL RECHTENS Vol. 3 No. 1 (2014): Juni
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (200.871 KB) | DOI: 10.36835/rechtens.v3i1.92

Abstract

Execution as an act committed by a court of law to the losing party in a case are the rules and procedures for the continuation of the proceedings. Therefore, the execution is nothing else than the continuous action of the whole process of civil law. Execution is a unity that is not separate from the implementation of procedural rules. Religious Courts as one of Indonesia's judiciary, which is one of handle kewenngannya inheritance disputes. The execution of the estate has been taken based on a procedural stages of execution as set forth in HIR and R.Bg. but in practice the real execution in the field of technical and juridical obstacles occur because of differences between the legal rules governing the execution of personal property with the needs of the practice.
Prinsip Pelelangan Obyek Hak Tanggungan secara Parate Executie akibat Wanprestasi dalam Perjanjian Kredit Rumawi Rumawi
JURNAL RECHTENS Vol. 3 No. 1 (2014): Juni
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (238.029 KB) | DOI: 10.36835/rechtens.v3i1.93

Abstract

Hak tanggungan (mortgage)  is right for the land to guarantee repayment of certain debt, which is given precedence to krediror certain position against other creditors. That is, if the debtor default, the creditor first Mortgage holder takes precedence over other creditors and given the right to do the sales object security rights through public auction in accordance legislation. Transparency in Tender Object Mortgage. Transparency is done with the announcement of the auction object mortgage, mortgage before the object and the announcement of the winner of the auction is done openly in front of the auction bidders. The auction is parate objects mortgage executie can sell ourselves seller if no bidders interested in buying a mortgage auction object.
Surat Kuasa Mutlak pada Perjanjian Pengikatan Jual Beli Hak Atas Tanah Gedion Ardana Reswari
JURNAL RECHTENS Vol. 3 No. 1 (2014): Juni
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (218.911 KB) | DOI: 10.36835/rechtens.v3i1.88

Abstract

Binding sale and purchase agreement is a treaty right to sui generis obligatoir that because his character is authentic written agreement made before a notary public , in the areas of property, specifically land rights object . Ownership is not switched to the seller and a preliminary agreement ( accesoir ). Absolute power of attorney is essentially an authorization can not be withdrawn and the power management of the transition is simply the act of land rights . Special letter there are 2 kinds of power of attorney that is absolutely independent and absolute power of attorney into a single unit substantially in agreement .The absolute power of attorney into a single unit in the principal agreement is not contrary to the instructions of the Minister of Home Affairs No. 14 of 1982 on the prohibition of the use of the absolute power of attorney as the transfer of land rights , otherwise if the absolute power of attorney is a stand-alone contrary to instructions of the Minister of Home Affairs No. 14 of 1982.
Perlindungan Hukum bagi Kreditor dalam Pendaftaran Jaminan Fidusia apabila Debitor Wanprestasi suphia suphia
JURNAL RECHTENS Vol. 3 No. 1 (2014): Juni
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (222.239 KB) | DOI: 10.36835/rechtens.v3i1.94

Abstract

Fiduciary registration is the most important stages in the fiduciary is a fiduciary because the birth date on record according to the fiduciary Fiduciary Book List. The position of the creditors as a fiduciary are in a weak position when a loan has been disbursed to the debtor as a fiduciary giver. Creditors require certainty and legal protection for unpaid credit guarantee has been received by the debtor. Legal protection is very necessary when the debtor does not fulfill its obligations (default) to repay the loan in accordance with the agreed time.

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