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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 182 Documents
Kewenangan Mahkamah Konstitusi dalam Menguji Peraturan Pemerintah Pengganti Undang-Undang Musfianawati Musfianawati
JURNAL RECHTENS Vol. 5 No. 2 (2016): Desember
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (215.808 KB) | DOI: 10.36835/rechtens.v5i2.131

Abstract

Legal certainty in realizing the President as the head of government as the executive government is mandated to create a Government Regulation in Lieu of Law (PERPPU) when the material existing Act does not regulate the material that is needed in urgent circumstances and in a state of urgency that forces. However, none of the provisions concerning the criteria crunch forcing any good at NRI 1945 Constitution and the law. One of the tasks of the Constitutional Court is to examine the Act that is contrary to the Constitution of 1945. While the regulations under laws that are contrary to the Constitution authorized to conduct testing is the Supreme Court. Position Regulation Legislation is any part of the sort order of legislation-based On invitation State Indonesia Law Number 12 Year 2011 concerning the establishment of legislation-Invite. The Constitutional Court has the authority to conduct testing of the juridical decree though NRI 1945 Constitution does not explicitly grant authority to test it. Consideration used by constitutional judges to examine the decree is teleological and sociological factors as community needs are growing. The new authority is held by the Constitutional Court to examine the decree through its decision, the Constitutional Court can be said to have made changes to the constitution.
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.
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.
Penegakan Hukum Pelaku Tindak Pidana Kehutanan oleh Penyidik Pegawai Negeri Sipil Kehutanan di Balai Taman Nasional Meru Betiri Wayan Budiarta
JURNAL RECHTENS Vol. 5 No. 1 (2016): Juni
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (185.746 KB) | DOI: 10.36835/rechtens.v5i1.122

Abstract

The probe is the beginning stage of the examination by the official designated by law as a violation of the law. Therefore, in the investigation phase can already be set setatusnya as suspects when their initial evidence sufficient or at least two items of evidence legal proof. Implementation of an investigation of law enforcement efforts in tackling forest crime. Law enforcement against forest crime by a civil servant investigators (PPNS) forest in Meru National Park Betiri going well and always based on the existing rules. Law enforcement is not only against the perpetrators of the messengers but also the actor intellectual where the success of uncovering some cases such as illegal logging in the region of Meru National Park Betiri being dragged to court against both the perpetrators, fences and participate or to have committed the crime of forestry.
Analisis Pembalikan Beban Pembuktian dalam Penyelesaian Sengketa Konsumen ditinjau dari Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen dan Hukum Acara Perdata Dyah Putri Purnamasari; Khoidin _
JURNAL RECHTENS Vol. 2 No. 2 (2013): Desember
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (194.579 KB) | DOI: 10.36835/rechtens.v2i2.82

Abstract

The most important part of the procedural law is a matter of proof for a claim is acceptable or not depens on the evidence submitted by the parties in the proceedings in the court. In order to provide protection to consumers harmed by consumsing the goods or service producedby businesses, act No. 8 of 1999 on consumer protection set about proving system that is specifically used in any consumer dispute resolution through the judicial reversal of the burden of proof.
Analisis Pengembalian Premi kepada Nasabah pada Perusahaan Asuransi Sinarmas Tioma Roniuli Hariandja
JURNAL RECHTENS Vol. 4 No. 1 (2015): Juni
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (218.166 KB) | DOI: 10.36835/rechtens.v4i1.112

Abstract

Lack of interest of the community will follow the insurance, make a dilemma for the insurance business so that the insurance premium refund innovation into new tricks to provoke interest of the community and businesses to stand up to insurance customers. Basically the insurance is a financial settlement method, where by following one of the insurance products that are consistently the existing funds have been programmed. That is insurance indirectly managing the financial administration of income and expenditure for sure. Insurance agreement is consensual, the agreement formed since the existence of an agreement between the insured and the insurer (Article 257 paragraph 1 of the Code of Commercial Law (Commercial code)). In the insurance agreement, a system of accountability in the form of Torts. The compensation paid in the event of uncertain events that have been agreed in the insurance agreement. Nominal amount of liability provision in the insurance agreement known by the nominal amount of the premium paid customers as an insurance fund. The premium can be paid in installments (monthly, quarterly or yearly) or at a time up to the deadline that has been agreed.
Hak Narapidana Tindak Pidana Narkotika untuk Memperoleh Pembebasan Bersyarat Harun Sulianto
JURNAL RECHTENS Vol. 7 No. 1 (2018): Juni
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (299.895 KB) | DOI: 10.36835/rechtens.v7i1.365

Abstract

In the criminal law enforcement process there is a provision concerning criminal sanctions in which the imposition of criminal sanctions for convicted offenders has a purpose. The purpose of giving criminal sanctions should be to foster not only serve as retaliation. Correctional institutions as implementers of the objective of punishment in the penal system as referred to in the Act, is a series of law enforcement that aims to ensure that the prisoners are aware of their mistakes, to improve themselves, and not to repeat the criminal acts so that they can be re-accepted by the community, actively participate in the development , And can live fairly as a good and responsible citizen.In an effort to re-populate the perpetrators of crime, Penal Institution through Act Number 12 of 1995 on Correctional regulation provides for the right of prisoners. In Article 14 paragraph (1) point k of Law Number 12 of 1995 states that "Prisoners are entitled to parole". The problem that arises is the additional condition of granting parole for Narcotics inmates in 2012 as the Government Regulation Number 99 of 2012 was issued.The results of this study indicate that the granting of additional terms on conditional exemption for prisoners of narcotic criminal offenses under Government Regulation No. 99 of 2012 is inconsistent with the purpose of Corrections since such additional terms do not reflect the human rights guarantees of the Prisoners which are the absolute right of all inmates.
Ratio Legis Perbedaan Rumusan Delik Pasal 2 dan Pasal 3 Undang-Undang Nomor 31 Tahun 1999 Jo. Undang-Undang No. 20 Tahun 2001 tentang Pemberantasan Tindak Pidana Korupsi Gatot Triyanto
JURNAL RECHTENS Vol. 6 No. 1 (2017): Juni
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (235.56 KB) | DOI: 10.36835/rechtens.v6i1.198

Abstract

The qualification of criminal acts of corruption is as stated in Article 2 and Article 3 of Law no. 31 year 1999 jo. UU no. Law No. 20 of 2001. In further detail, according to Article 2, the meaning  of  a  criminal  act  of  corruption  has  the  following  elements:  Every  person; Unlawfully; Perform an enriching act of self or another person or a corporation; Which can harm the state finance or state economy. Whereas according to Article 3 the elements of corruption acts, are as follows: Every person; For the purpose of benefiting oneself or others or a corporation; Abuses any authority, opportunity or means available to him due to position or position, which may harm the state's finances or the economy of the country. Article 2 and Article 3 mentioned above, there are differences and similarities. The equality of the two chapters lies in the imposition of the "Everyone" and the Elements "may harm the state economy and state finances". As for the difference lies in the formulation of Article 2 which states the phrase "unlawfully" and "enrich themselves or others or a corporation", while the formulation of article 3 includes the phrase "Abusing the authority, opportunity or means available to him because of position or position "And" to benefit oneself or others or a corporation. "
Prinsip Akad Asuransi Syariah dalam Perspektif Hukum Islam Thabrani Rosyidi
JURNAL RECHTENS Vol. 3 No. 2 (2014): Desember
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (211.984 KB) | DOI: 10.36835/rechtens.v3i2.98

Abstract

Economic activity is generally carried out by economic actors both individuals who run the company or not a business entity that has a good standing as a corporation or a legal entity. Economic activity is essentially running the company activity that is, an activity which implies that the activity in question should be carried out continuously in the sense of not falter, openly in a legal sense (not illegal), and they are carried out in order gain either for themselves or others. For the economic activities as the main requirement in supporting the survival of the community in the form of investment activities are managed by financial institutions. The existence of financial institutions is as an institution that provides financial services to its customers.vity is generally carried out by economic actors both individuals who run the company or not a business entity that has a good standing as a corporation or a legal entity
Perlindungan Hukum bagi Bank (Kreditur) bila Debitur Kredit Macet dengan Jaminan Hak Cipta Riandhyka Rahandono; Azizul Hakiki; Achmad Rifqi Nizam
JURNAL RECHTENS Vol. 8 No. 1 (2019): Juni
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (294.267 KB) | DOI: 10.36835/rechtens.v8i1.484

Abstract

One of the economic development forms is the existence of the developed companies in allfields, both services and goods. In order to be able to develop a company in line with theplan and to be successful, it certainly needs capital support (fund) which can be obtainedfrom Banking Institution with a collateral form called Patent Right. This research isjuridical-normative (legal research), that is the research focused on analysing rules ornorms in positive law. The research concludes that Patent Right can be made as the maincollateral of credit agreement because it can be categorized as intangible moving objectwhich has economic value. However, because Patent Right is a new collateral form, it isdifficult to assess its economic value and there is no regulation of it. In practice theBanking Institution has not been able to accept Patent Right as the main collateral, butonly as additional collateral.Key Words : Bank, Collateral, Patent Right

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