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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 7 Documents
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Search results for , issue "Vol. 7 No. 2 (2018): Desember" : 7 Documents clear
Peraturan Delegasi dalam Sistem Peraturan Perundang-Undangan Indonesia Fathorrahman Fathorrahman
JURNAL RECHTENS Vol. 7 No. 2 (2018): Desember
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (289.903 KB) | DOI: 10.36835/rechtens.v7i2.376

Abstract

Delegation regulations are laws and regulations made by other institutions or authorities which are delegated from the legislature to the executive body. Another meaning of the delegation regulation is the implementing regulations of the Act. As an executor, this authority can occur if the authority is delegated from the law as the parent who gives the delegation. In the Indonesian legislative system, there are many forms and types of delegation regulations, both from the parent side that delegates and the rules that get delegates. Regulations on Regulations Delegates in the Indonesian legal system are still various forms and types. Both from the parent side that delegates and the rules that get delegates. And there are still regulatory delegations to institutions that are not authorized to make legislation, such as delegations to judicial institutions / bodies, even though the institution is an institution that does not have the authority to make a general binding regulation. Keywords : Regulation, Delegation, Regulatory System
Perlindungan Konsumen terhadap Hasil Produksi Kosmetik dan Obat Tradisional melalui Peningkatan Fungsi dan Kewenangan Balai Besar Pengawas Obat dan Makanan (Balai Besar Pom ) Surabaya Mardi Handono; Ikarini Dani Widiyanti; Pratiwi Puspitho Andini
JURNAL RECHTENS Vol. 7 No. 2 (2018): Desember
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (237.714 KB) | DOI: 10.36835/rechtens.v7i2.372

Abstract

The protection of the law to consumer is a very important thing to be applied in society, because, in reality, consumers would always be wronged. The mighty acts of underhand business operators to profit much has often happened in the community, and this can be seen from the news from the mass media, for example the news of cosmetics products and traditional medicines containing material dangerous may not be used, so as to cause harm moral support and materially, even to have claimed the lives of consumers. Big hall food and drug supervisory Surabaya is one form of consumer protection through their and authority through action supervision pre-market and post market, information on several cosmetics producers and traditional medicines about how processing industry substandard prevailing, giving the cosmetics certification and traditional medicine, supervising cosmetics producers and traditional medicines and do annihilation cosmetics and traditional medicines to consumers.  Keywords : consumer protection, big hall food and drug supervisory surabaya, cosmetics and traditional medicine
Persamaan Hak bagi Tersangka atau Terdakwa untuk Memperoleh Bantuan Hukum dalam Kitab Undang- Undang Hukum Acara Pidana (KUHAP) Gatot Triyanto
JURNAL RECHTENS Vol. 7 No. 2 (2018): Desember
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (265.856 KB) | DOI: 10.36835/rechtens.v7i2.377

Abstract

For a suspect or defendant who commits a criminal act threatened with a sentence under five years, the right to legal assistance has been recognized but is not included in the mandatory rights. This means that the process of examining and investigating suspects or defendants can proceed without being accompanied by an advocate and there are no legal consequences for the cancellation of the investigation report or indictment. Therefore the legal assistance stipulated in the Criminal Procedure Code is not sufficient for the poor who need legal aid services. Legal assistance is closer to those who are able to provide or pay compensation services to people who work as advocates. Thus, legal assistance is regulated in the Criminal Procedure Code. not reflecting or realizing equal rights and treatment before the law for access to justice. Keywords: Rights, Suspects / Defendants, Legal Aid
Kendala Pengembangan Investasi Kelapa Sawit dalam Perspektif Hukum Ikarini Dani Widiyanti; Pratiwi Puspitho Andini; Emi Zulaika
JURNAL RECHTENS Vol. 7 No. 2 (2018): Desember
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (383.936 KB) | DOI: 10.36835/rechtens.v7i2.373

Abstract

True law aims to create legal certainty, justice and expediency. Palm oil management in Indonesia certainly cannot be separated from the legal aspects, mainly related to the legal substance or regulation. The regulation of palm oil management in Indonesia is contained in various laws and / or policies, both those which regulate explicitly and implicitly. In fact, these arrangements have not fully been able to realize legal objectives, primarily legal certainty. This statement is indicated by the existence of several arrangements that are still inconsistent between one law and another. There are several factors that are constraints to the development of investment in the field of oil palm in the legal perspective, namely the inconsistency of the rules between the Act, the Presidential Regulation and the Ministerial Regulation and the number of Regional Regulations (Perda) that are contrary to the central Regulations which results in the difficult realization of a conducive business climate. The proposed suggestion is to inventory, identify and harmonize all relevant regulations in the field of investment and support the enactment of the Palm oil Draft. Key Words : Palm Oil Investment, Harmonisation Regulation, Legal Certainty
Kebijakan Integral Hukum Pidana dengan Technology Prevention dalam Upaya Pencegahan Kejahatan Cyberbullying Firda Laily Mufid
JURNAL RECHTENS Vol. 7 No. 2 (2018): Desember
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (300.779 KB) | DOI: 10.36835/rechtens.v7i2.378

Abstract

Cybercrime is human activity in the world mayantara who has made the computer as the evil deeds for example illegal access, to the destruction of the site , the interception of illegal , and the activities of humans which uses computers as the evil of the target credit card forgery for example, pornography via the internet. One of evil in the world mayantara namely cyberbullying that is a form of intimidation the guilty person or more to pigeonhole, discredit, to men through cyberspace. This intimidation do not haphazardly as a result, it was not uncommon death be the end of cyberbullying. Cyberbullying too are defined as a form of intimidation to which the offender do to harass his victims through technology device. Investors want to see someone gets hurt , there are a lot of the way they do to strike the victim with a message cruel and pictures of a disturbing and disseminated in order to embarrass incense to anyone Keywords: Cybercrime, cyberbullying, intimidation, technology 
Kebijakan Penataan Regulasi Pajak Daerah sebagai Upaya Peningkatan Pendapatan Asli Daerah Bhim Prakoso
JURNAL RECHTENS Vol. 7 No. 2 (2018): Desember
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (286.438 KB) | DOI: 10.36835/rechtens.v7i2.374

Abstract

Philosophically, regional tax is a mandatory contribution to the region that is owed by an individual or an entity that is compelling based on the law by not getting direct compensation and used for regional needs for the greatest prosperity of the people. Regional Tax as one of the components of local revenue receipt (hereinafter abbreviated as PAD), the potential for regional tax collection provides more opportunities for regions to be mobilized to the maximum when compared to other PAD revenue components. The role of local governments in exploring and developing various regional potentials will greatly determine the success of the implementation of government tasks, development and community services in the regions.Some of the main functions of taxes in supporting development in the region are the first tax function as a budget, namely to finance State expenditures. Second, the function regulates that is to lead investors to invest in supporting economic growth. Third, the stabilization function is to control inflation in order to maintain economic stability. Fourth, the distribution function is to open employment opportunities so as to increase people's income. According to the tax functions above if an error occurs both in management and implementation, it will reduce or even eliminate the function carried by the tax so that expectations according to the tax function do not materialize.Being a problem is how much the ability of the budgetair functions, regulated (regulated), stabilization and distribution of taxes is created in the regional economy and how much the ability of taxes to encourage regional economic growth. Therefore to increase local taxing power in regional taxes there are several things that must be considered, namely 1) The importance of more intensive tax socialization to increase literacy regarding regional taxes; 2). While inclusion is the ease of access to tax information systems, reporting of business income in a more real way to the payment system made on-line: 3) Tax information systems are integrated with the management of opening business licenses and business extensions. Keywords: regulation, regional tax, welfare.
Kedaulatan Rakyat dalam Pemilihan Umum Legislatif Mustajib Mustajib
JURNAL RECHTENS Vol. 7 No. 2 (2018): Desember
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (279.375 KB) | DOI: 10.36835/rechtens.v7i2.375

Abstract

People’s  Consultative Assembly (MPR) RI is a form of popular sovereignty. Amendments or changes to Article 1 (2) of Indonesia’s 1945 Constitution (UUD 1945) conducted during the reform initiated in 1998 has brought a lot of implications, particularly with regard to the role of the People's Consultative Assembly (MPR), which before the amendments of Constitution of the Republic of Indonesia Year 1945 (UUD 1945), is the highest state body. As the highest state institutions, the Assembly has the authority to supervise the President and give tasks to the President through the outlines of state policy. After the amendments of Constitution of the Republic of Indonesia Year 1945 (UUD 1945), particularly the amendment of Article 1 (2), there is the impression the president no longer had a bow in implementing the government. The vagueness of the people as sovereign representation of the highest in the country as stated in Article 1 (2) will be a serious impact on the implementation and administration of the state, even to the future of the nation. It is time to the amendment of Article 1 (2) Constitution of the Republic of Indonesia Year 1945 (UUD 1945) shall be re-examined. Keywords : Sovereignty, People’s  Consultative Assembly, Amendments.

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