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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.
Arjuna Subject : -
Articles 192 Documents
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Orderan Fiktif Dalam Ekosistem Gig Economy: Analisis Status Hukum Ojek Online dan Perbandingan Hukum Indonesia-Inggris Ummu Kholifah; Irma Mangar
JURNAL RECHTENS Vol. 14 No. 2 (2025): Desember
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 Zakaria Tribrata Widya Saputra; Muhammad Syahrul Borman; Moh. Taufik
JURNAL RECHTENS Vol. 14 No. 2 (2025): Desember
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.
Kewenangan Komisi Pengawas Persaingan Usaha Republik Indonesia dalam Sistem Peradilan di Indonesia Derin Fernanda Ainun Nisa; Rumawi Rumawi; Ahmad Junaidi; Supianto Supianto; Mohammad Ali; Udiyo Basuki; Sri Astutik; Asmarani Tri Andari
JURNAL RECHTENS Vol. 15 No. 1 (2026): Juni
Publisher : Fakultas Hukum Universitas Islam Jember

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Abstract

The KPPU has the authority to act as an investigator and decision-maker in cases that have the potential to be misused on a large scale. The KPPU's decision-making authority complicates its position in the state system, especially considering its multifunctional role. The objectives of this study are: 1. To explain the KPPU's authority. 2. To describe the KPPU's authority in the judicial system. This study uses a statutory approach and a conceptual approach. The results of the study indicate that 1. Based on the explanation above, the essence of the KPPU's authority, as outlined by Indonesian competition law, is as follows: First, Investigation, Second, Examination, Third, Evidence, Fourth, Sanctions and Decisions, Fifth, Supervision and Law Enforcement. 2. Determining the limits of a state's power has become an important component in running a state system. As explained by Jimly in his research, which mentions the true concept of the separation of powers of a state. Then, regarding the duties and authorities held by the KPPU, the researcher assesses that this does not deviate from the principle of limiting state power. Because the implementation of these authorities and duties falls within the domain of the executive branch of government and administrative functions, the KPPU has extensive authority to decide cases and impose sanctions, which are not far from administrative sanctions
Kepastian Hukum Pemberian Hak Guna Bangunan Kepada Persekutuan Komanditer Marchelo Ivan Darmawan; Andita Atmajaya; Oktafi Mar’atul Mashfufah
JURNAL RECHTENS Vol. 15 No. 1 (2026): Juni
Publisher : Fakultas Hukum Universitas Islam Jember

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Abstract

The Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) issued a policy in the form of Circular Letter Number 2/SE-HT.02.01/VI/2019 dated June 28, 2019, concerning the granting of Right to Build (Hak Guna Bangunan or HGB) titles to Limited Partnerships (Commanditaire Vennootschap or CV). One of the key provisions therein establishes that a CV is eligible to submit an application for land rights in the form of an HGB. This policy has subsequently given rise to challenges regarding its implementation. The objective of this research is to provide a comprehensive comparison necessary for analyzing the legal certainty of granting HGB titles to CVs, particularly by referencing the Netherlands—a country adhering to the same Civil Law system—which also recognizes the CV business entity form within its corporate legal framework. The research methodology employed in this study is normative juridical research. The findings of this research indicate that the granting of HGB titles to Limited Partnerships (CV) does not satisfy the principle of legal certainty, as its legal basis—governed by Circular Letter Number 2/SE-HT.02.01/VI/2019—contravenes higher statutory regulations. This legal uncertainty impacts the general public and business actors, who frequently face ambiguity regarding the legal status of the land they possess. Furthermore, this situation not only constitutes a violation of agrarian law but also creates the potential for future land disputes.
Hak Hukum dan Waris Anak Bayi Tabung Dari Pernikahan Tidak Tercatat Habibulloh Habibulloh; Ishaq Ishaq; Muhammad Faisol
JURNAL RECHTENS Vol. 15 No. 1 (2026): Juni
Publisher : Fakultas Hukum Universitas Islam Jember

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Abstract

Even though it is considered valid under Islamic law, unregistered marriages are not recognized under positive law because they are not officially recorded. This raises crucial legal issues regarding the status of children born through IVF, which are only considered valid when the sperm and egg come from a legally married couple, as stipulated in Article 58 of Law Number 17 of 2023 concerning Health. This poses a risk of loss of legal and inheritance rights for children born from IVF in unregistered marriages, especially if there is no marriage certificate. This study analyzes two themes, namely IVF and unregistered marriages in Islamic law and positive law, as well as the legal and inheritance rights implications for children born from IVF in unregistered marriages. This study uses library research by examining secondary data sourced from books, journals, legislation, and previous studies. The Miles & Huberman method is used to analyze the data. The results show that: (1) children born from IVF in unregistered marriages are not legally valid under positive law, and their rights are limited unless the marriage is validated; (2) if the child is born from donor sperm without the husband's consent, the child is considered illegitimate. However, once the marriage is validated and the donor's consent is obtained, the child's rights are fully protected by the state.
Perlindungan Hukum Pelaku Pembangunan Atas Perubahan Lahan Untuk Perumahan Menjadi Lahan Sawah Dilindungi Dodi Purnomo; Sadino Sadino
JURNAL RECHTENS Vol. 15 No. 1 (2026): Juni
Publisher : Fakultas Hukum Universitas Islam Jember

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Abstract

The state's strategy in designating protected rice fields is to ensure national food security. However, the implementation of this designation overlaps with housing development permits held by housing developers. The purpose of this study is to provide legal certainty for housing developers regarding the conversion of land originally owned by developers for housing to protected rice fields. The methods in this study are a legislative approach, a case approach, and a conceptual approach. The conclusion is that housing developers can protect their land from the designation of protected rice fields by submitting an application to the Ministry of Agrarian Affairs and Spatial Planning to request a change in land use.
Konstitusionalitas Efisiensi Anggaran Melalui Instruksi Presiden Nomor 1 Tahun 2025 Terhadap Dana Keistimewaan Yogyakarta Tahun 2025 syifaa afelyna suryoputri; Alan Bayu Aji
JURNAL RECHTENS Vol. 15 No. 1 (2026): Juni
Publisher : Fakultas Hukum Universitas Islam Jember

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Abstract

The legal issue examined in this study concerns the constitutional limits on using a Presidential Instruction as a policy rule to implement budget efficiency measures when such measures affect Intergovernmental Transfers (TKD) and the Special Fund for the Special Region of Yogyakarta (Dana IS). This study aims to assess the constitutionality of Presidential Instruction No. 1 of 2025 in governing TKD efficiency and its implications for Dana IS. This is a normative legal study. The findings indicate that a Presidential Instruction is justifiable insofar as it regulates the procedures for budget execution without materially altering the TKD configuration stipulated in the State Budget Law. However, implementing the Instruction through subordinate instruments that create a “reserve” scheme may effectively reduce regional fiscal entitlements and function as a concealed budget revision, thereby conflicting with the principle of legality and undermining Parliament’s budgetary authority. Because Dana IS specifically supports asymmetric decentralization, any effective reduction in its funding may also be inconsistent with the constitutional requirement of fair and harmonious central–regional fiscal relations and the statutory commitment to financing Yogyakarta’s special status.
Serakahnomics dalam Perjanjian Kartel pada Kontrak Bisnis dan Risiko Kepailitan Sistemik Asharin Sindy Safirah; Fonnyta Laurenzia Rosiga
JURNAL RECHTENS Vol. 15 No. 1 (2026): Juni
Publisher : Fakultas Hukum Universitas Islam Jember

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Abstract

This study examines legal issues regarding the qualification of cartel agreements in the practice of serakahnomics, their mechanism for triggering systemic bankruptcy, and the legal certainty of bankruptcy requirements under Law No. 37 of 2004, to achieve justice. The objective is to analyze the relationship among cartels, serakahnomics, and systemic bankruptcy, and to formulate efforts to achieve justice in such disputes. Using a normative juridical method with a legal and conceptual approach, the results of the study show that cartel agreements are a clear manifestation of serakahnomics that can cause systemic bankruptcy. Therefore, it is necessary to reform Indonesian bankruptcy law, particularly in determining the requirements for filing for bankruptcy, in order to minimize systemic impacts while realizing fair law enforcement for national economic stability.
Kewenangan Mahkamah Konstitusi sebagai Positive legislator (Studi Putusan Mahkamah Konstitusi Nomor 135/PUU-XXII/2024) Deny Setiyo Utomo; Sulaksono Sulaksono; Hananto Widodo
JURNAL RECHTENS Vol. 15 No. 1 (2026): Juni
Publisher : Fakultas Hukum Universitas Islam Jember

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Abstract

Constitutional Court Decision Number 135/PUU-XXII/2024 raises legal issues related to the limits of the Constitutional Court's authority in determining the model for conducting elections. This study aims to analyze the Constitutional Court's authority as a positive legislator in Decision Number 135/PUU-XXII/2024, as well as to explain the legal consequences resulting from that decision. The research method used is normative research with statutory, conceptual, and case approaches. The results of the study show that through this decision, the Constitutional Court has exceeded its capacity in reviewing laws against the 1945 Constitution by creating new norms through constitutional interpretation that determines the separation of the implementation of national and regional elections, along with their schedules. The separation of elections by the Constitutional Court is not based on a legal vacuum or urgent circumstances, but rather on technical and managerial considerations in election administration, which should fall within the legislature's domain as part of open legal policy. The legal consequences of Constitutional Court Decision Number 135/PUU-XXII/2024 raise several constitutional issues, including the potential violation of the principle of five-year election periodicity, the merging of the general election and regional election regimes which are constitutionally regulated differently, the narrowing of the constitutional interpretation of Article 18 paragraph (4) of the 1945 Constitution, and the potential vacancies of regional heads and members of regional representative councils during the transition period.
Reformulasi Sanksi Pidana pada Tindak Pidana Korupsi yang Merugikan Keuangan Negara Aditya Wiguna Sanjaya; Muhammad Hoiru Nail
JURNAL RECHTENS Vol. 15 No. 1 (2026): Juni
Publisher : Fakultas Hukum Universitas Islam Jember

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Abstract

The purpose of this study is to examine and analyze whether the regulation of criminal sanctions for corruption offenses related to state financial losses, as stipulated in Articles 603 and 604 of the Criminal Code, is consistent with the principles of justice. It also aims to explore and formulate an ideal framework for regulating criminal sanctions for corruption offenses involving state financial losses in the future. This research employs a normative legal research method, utilizing both the statute approach and the conceptual approach. The findings of this study indicate that the current regulation of criminal sanctions for corruption offenses related to state financial losses does not yet reflect the values of justice. Furthermore, the ideal formulation of criminal sanctions, as provided in Article 604 of the Criminal Code, needs to be reformulated so that the severity of its sanctions becomes greater than those prescribed under Article 603 of the Criminal Code

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