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INDONESIA
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 5 Documents
 1 
Search results for , issue "Vol. 6 No. 2 (2017): Desember" : 5 Documents clear
Tanggung Jawab Direksi Bank Perkreditan Rakyat (BPR) terhadap Penyelesaian Kredit Macet di Wilayah Kerja Bank Indonesia Jember Nanang Tri Budiman; Supianto Supianto
JURNAL RECHTENS Vol. 6 No. 2 (2017): Desember
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (223.569 KB) | DOI: 10.36835/rechtens.v6i2.201

Abstract

The problem of bad debts in the practice of banking credit channeling often occurs. This can be caused by many things, both internal and external factors. The Board of Directors of the Company, in this case Rural Bank, as the Company's authorized organ and fully responsible for the management of the Company for the interest of the Company, in accordance with the purposes and objectives of the Company, has responsibility for the incurrence of bad debts and settlement. This study formulates the problems that arise in the practice of banking credit distribution, especially in the BPR in relation to the responsibilities of the Directors of Rural Banks against the settlement of bad debts: what factors cause the bad credit in the BPR in the working area of Bank Indonesia Jember and how the form of responsibility Board of Directors of BPR in case of bad credit. The method in this research is empirical juridical approach with this method is intended to know and understand the factors that cause bad credit and how the form of responsibility of directors to bad credit. Based on the result of the research, it can be concluded that the bad debts occurring in the working area of Bank Indonesia Jember are caused by several factors, such as customers experiencing crop failure or due to unfavorable natural condition, The market economic fluctuation caused the economy to become unstable; Inadequate analysis; There is a divorce between husband and wife of the customer; and the debtor is entangled in legal matters so that it is unable to settle its obligations to the creditor. Board of Directors BPR The Board of Directors is responsible for the management of the RB and shall be carried out in good faith and with full responsibility. In the event of bad credit, the responsibility of RB directors is in the form of striving for the settlement of non-performing loans in order to be repaid by the customer.
Peran Pemerintah Daerah dalam Pelaksanaan Sertifikasi Wakaf berdasarkan Undang-Undang Nomor 41 Tahun 2004 tentang Wakaf di Kabupaten Bondowoso Anisatul Hamidah
JURNAL RECHTENS Vol. 6 No. 2 (2017): Desember
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (207.394 KB) | DOI: 10.36835/rechtens.v6i2.206

Abstract

One of the obstacles in perwakafan is the number of wakaf land to religious institutions that currently have not done the process of certification of wakaf in accordance with Law number 41 of 2004 on waqf. the fact posed a problem for the people who use the wakaf land, among others, the society is less comfortable and calm in worship because of the unclear status of the land of religious institutions used for religious activities of the community. Departing from the problem Bondowoso district government has initiated to accelerate the process of land certification of waqf by cooperating with various parties such as Ministry of Religious Affairs, National Land Board, Indonesian Mosque Council, Representative of Indonesian Waqf Board, Waqf Institution and Nahdlatul Ulama Land and others , in the hope that the certification process of wakaf land in Bondowoso Regency can run maximally.
Formulasi Delik dalam Tindak Pidana Korupsi Gatot - Triyanto
JURNAL RECHTENS Vol. 6 No. 2 (2017): Desember
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (217.024 KB) | DOI: 10.36835/rechtens.v6i2.202

Abstract

In the context of law enforcement, judges are often confronted with two options for article 2 and article 3 of Law No.31 of 1999 jo. Law no. 20 of 2001 on the Eradication of Corruption. in that provision which of course depends on the criminal acts that occur and the facts revealed in the hearing. Article 2 is broader than Article 3 in the effort to ensnare the perpetrators of corruption. It is this option space that potentially creates legal uncertainty. Moreover, in the elucidation of Article 2 it is said that although the criminal act of corruption is a formal offense and material but social norms are also used as a basis even though it is not regulated in legislation. Even the size to ensnare the offender is enough with the fulfillment of the elements of the deed done, not on the consequences. If legal uncertainty becomes a problem in the law enforcement process to combat corruption then of course such a reality would hurt human rights values.
Analisis Yuridis terhadap Perjanjian Kerjasama antara Petani Tembakau di Kabupaten Jember dengan PT. Adi Sampoerna Supianto Supianto; Nanang Tri Budiman
JURNAL RECHTENS Vol. 6 No. 2 (2017): Desember
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (210.596 KB) | DOI: 10.36835/rechtens.v6i2.203

Abstract

Legal protection by contracting in the business world is a very popular type. On the other hand, however, the extent of the opportunity to determine the protection of the law itself by contracting often leads to unexpected losses. The application of equitable legal protection principles in cooperation agreements, aims to protect the interests of the parties in relation to the regulation of their respective rights and obligations based on the principles of justice and legal certainty. The principles of law based on justice and certainty become the basis of the birth of cooperation agreement made by farmers with PT. Adi Sampoerna, in addition to other principles contained in the contract law. Object of study of this research is the science of normative law, then the method used is doctrinal which mengaranakan logic deduction.Cooperation agreement between tobacco farmers in Jember Regency and PT. Adi Sampoerna is a contract standard agreement. The principle of freedom of contract if faced with a contractual agreement, or agreement made by parties without the same bargaining position, it can be said that the cooperation agreement is not in accordance with the principle of freedom of contract even resulted in an agreement that unfair. Besides not in accordance with the principle of freedom of contract, there are several other legal principles of contract that are potentially violated, namely: good faith, existence and abuse of circumstances. A form of legal protection that can be done so that both sides are in a balanced position is to refer to the provisions of the inclusion of the standard clause as stipulated in Article 18 of the Law on Consumer Protection and does not include an exoneration clause that could harm either party in the agreement.
Menakar Efektivitas PERDA Kabupaten Jember Nomor 5 Tahun 2008 terhadap Perlindungan TKI Musfianawati Musfianawati; Yuli Winiari Wahyuningtiyas
JURNAL RECHTENS Vol. 6 No. 2 (2017): Desember
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (312.866 KB) | DOI: 10.36835/rechtens.v6i2.204

Abstract

Jember is a district with 226 villages and 22 urban villages with the majority of livelihoods being farmers and working in the plantation sector, mostly as laborers, this has caused many economic disparities, in addition to the lack of work opportunities in their own regions and because of the economic pressures that cause many residents choose to work overseas. In addition to the lure of large salaries and easy prerequisites, people choose to work abroad. Most people do not care about whether a person gives a broker or a friend or a government official, the important thing is they can get a job and earn a salary. But the reality is that some of the people who have problems start from not receiving wages, tortured by employers or subject to criminal cases due to various problems in the country people. Seeing the reality, Jember District Government arranged Local Regulation on Service, Placement and Protection of Indonesian Workers of Jember Regency, with the hope that the community can be served from the process before leaving, when they are abroad and after returning to Indonesia. The expectation of a local regulation to protect the community is unlikely to be realized due to the substance of the local regulation giving more role to the private employment placement company (PPTKIS), while the role of the government is limited only to the effort. Extraordinary role is given to the private sector since the start of document management, overseas placement until there is a problem. Including giving a role to the private sector Education and training work and shelter residents who have not yet left abroad. It is prone to arbitrary actions by the private sector. Because the orientation of the company is looking for dependence. The ineffectiveness of local regulations is also supported by the absence of Bupati's regulation as the implementing rule of a Regional Regulation. This means that the existence of Local Regulation No. 5 of 2008 on service, placement and protection of TKI Jember by procedure gives more role of private company so unable to protect the fate of TKI Jember, this Regulation is not Effective because there is no implementation rule so that can not be applied in governance in Kabupaten Jember A ineffective regulation will not be able to solve the problem and can not provide protection in accordance with expectations.

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