JURNAL RECHTENS
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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182 Documents
<![CDATA[Model Perampasan Aset terhadap Harta Kekayaan Hasil Tindak Pidana Pencucian Uang ]]>
<![CDATA[Halif _]]>
<![CDATA[ JURNAL RECHTENS Vol. 5 No. 2 (2016): Desember ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.36835/rechtens.v5i2.127
<![CDATA[Assets proceeds of crime like the blood that is able to turn on and determine the continuity of organized crime. Preventing criminal enjoying the proceeds of crime assets is a step forward in combating crime. Thus the assets of the offense should be seized. Model confiscation of assets has been progressing, ranging from models deprivation of assets crime by way of penal (criminal forfeiture), growing to model expropriation of assets by civil (civil forfeiture), has now also developed a model confiscation of assets crime by way administration. Law No. 8 of 2010 Concerning the Prevention and Combating of Money Laundering is one of the laws governing the confiscation of assets of crime. Model confiscation of assets of criminal acts adopted by the law is the model appropriation assets by civil supported by the reversal of the burden of proof.]]>
<![CDATA[Perlindungan Hukum terhadap Konsumen Kesehatan di Kabupaten Jember ]]>
<![CDATA[Tioma Roniuli Hariandja]]>
<![CDATA[ JURNAL RECHTENS Vol. 2 No. 2 (2013): Desember ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.36835/rechtens.v2i2.87
<![CDATA[Malpractice health can be sued under the Consumer Protection Act. Because health care providers (a doctors / the medical / a hospital) can be referred to as entrepreneurs by the Consumer Protection Act (UUPK) in conjunction with Pasal 1 angka 3 of Act No. 23 Tahun 1992 about Health juncto ministr of health No.756/MENKES / SK/VI/2004 about preparation liberalization of trade and the health sector. While users of health care or the patient can be referred to as the health of consumers by the Consumer Protection Act Pasal 1 angka 2. However lawsuit against maids health services is still relatively rare this is due to the pattern of paternalistic relationships, where the consumer / patient let go against all actions performed medical doctors / para medical / hospital.]]>
<![CDATA[Perlindungan Tenaga Kerja Indonesia (TKI) di Luar Negeri melalui Pemberian Jaminan Sosial Ketenagakerjaan ]]>
<![CDATA[Tioma R. Hariandja]]>
<![CDATA[ JURNAL RECHTENS Vol. 7 No. 1 (2018): Juni ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.36835/rechtens.v7i1.370
<![CDATA[Social Security for Indonesian Workers is a social security provided to one group of citizens who need to receive social security in this case Indonesian Migrant Workers (TKI) abroad. One of the causes of TKI abroad is because the government has not provided social security for the community, besides their motivation to go abroad, including education, health care costs, as venture capital and as capital preparation in old age. This proves that now people have begun to think about having social security. The government has begun to provide some social security for the poor, through Jamkesmas and free education, but not yet maximally. While guarantees for migrant workers abroad, the government only requires participation in insurance, where insurance guarantees are paid for by the TKI on departure.]]>
<![CDATA[Pendekatan Per Se Illegal dan Rule Of Reason dalam Hukum Persaingan Usaha di Indonesia ]]>
<![CDATA[Supianto Supianto]]>
<![CDATA[ JURNAL RECHTENS Vol. 2 No. 1 (2013): Juni ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.36835/rechtens.v2i1.77
<![CDATA[In the competition law recognized the existence of several approaches in the application of the law, two of which approach is the approach per se illegal and rule of reason approach. Approach per se illegal and rule of reason applied to assess whether a particular course of business actors violating Competition Act. Restrictions are per se is the prohibition is absolute, clear and obvious to a particular act or agreement to provide certainty to businesses. An act or agreement that prohibited per se means certain that such actions would impair or eliminate competition. Instead the approach is a rule of reason, an act which is done by the business will be seen the extent of the negative impact on competition climate. The second method has a different approach is also used in competition law in Indonesia.]]>
<![CDATA[Model Perlindungan Hukum terhadap Hak-Hak Masyarakat Kurang dan Tidak Mampu (MKTM) dalam Mendapatkan Pelayanan Kesehatan pada Rumah Sakit Umum Daerah (Rsud) Se-Eks Karesidenan Besuki ]]>
<![CDATA[Dyah Ochtorina Susanti]]>
<![CDATA[ JURNAL RECHTENS Vol. 4 No. 1 (2015): Juni ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.36835/rechtens.v4i1.108
<![CDATA[This study aims to find and analyze and provide an evaluation of the form of legal protection of the rights of the poor and can not afford (MKTM) in getting health care in general hospitals in the District of ex-Besuki, as well as to identify and analyze the general hospital faces and provide related solutions such constraints. The research results using qualitative research methods in particular in the form of case studies and field research (socio-legal) explains that this form of protection of the rights of the poor and can not afford (MKTM) in getting health care in general hospital in the district of ex- Besuki is in the form of services as stipulated in the Act and regulations set by each local government. Constraints in the delivery of health services is also a right of MKTM is the existence of human resources in the health sector (medical personnel) in each of the districts is still limited, in addition to the facilities (equipment) still terbats health so that not all patients are handled in hospital concerned. Related to this, if the hospital is not able to handle the patient, it will be referred to the hospital with more sophisticated tools.]]>
<![CDATA[Analisis Yuridis terhadap Perjanjian Kerjasama antara Petani Tembakau di Kabupaten Jember dengan PT. Adi Sampoerna ]]>
<![CDATA[Supianto Supianto]]>;
<![CDATA[Nanang Tri Budiman]]>
<![CDATA[ JURNAL RECHTENS Vol. 6 No. 2 (2017): Desember ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.36835/rechtens.v6i2.203
<![CDATA[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.]]>
<![CDATA[Kedudukan Hukum Anak Diluar Kawin dalam Mendapatkan suatu Warisan ]]>
<![CDATA[Billy Verian Salim]]>
<![CDATA[ JURNAL RECHTENS Vol. 8 No. 1 (2019): Juni ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.36835/rechtens.v8i1.489
<![CDATA[The inheritance law is a rule governing the legal consequences of a person's death against theintangible property: the transfer of wealth from the heir to the heirs. Either in the relationshipof their fellow heirs or between them and the third party. The child is still open to theopportunity to inherit the property of his parents, with the record he has been recognized byhis ayah-ibunya, while the right to justify the mother's possessions by the law is determinedautomatically without the need for a Recognition. Despite being born out of a legitimatemarriage, the acknowledged child of marriage is a hereditary heir.Keywords : law, child out of marriage, inheritance]]>
<![CDATA[Efektivitas Pelaksanaan Itsbat Nikah terhadap Kepastian Hukum Status Perkawinan dan Hak Anak di Kecamatan Wuluhan Kabupaten Jember ]]>
<![CDATA[Supianto Supianto]]>;
<![CDATA[Tioma Roniuli Hariandja]]>
<![CDATA[ JURNAL RECHTENS Vol. 5 No. 2 (2016): Desember ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.36835/rechtens.v5i2.132
<![CDATA[Based to The relegoius official files of Wuluhan district about public interest to follows program of “Itsbat Nikah” in district Wuluhan since 2015 until 2016 there was an increase. At first people timidly followed the socialization of “Itsbat Nikah” by The relegoius official of Wuluhan district, but over time the people interest to followed, especially from poor society. Case endorsement (Itsbat) Nikah is the marriage which was held by a religion but not recorded in Pegawai Pencatat Nikah(PPN) submitted by the couple of marriage or by her husband or by his wife or by their children or by some person interst which document of marriage them. They must submit to court of religion on the district were them stay. The effectiveness of the law is the process of the law became effective. The situation can be reviewed on the basis of some measure of effectiveness, namely: Rules or Regulations applicable (Law); Law Enforcement (Personnel of Government); Facilities and amenities; Society and Culture. Results of analysis that’s the rule of law is already complete from the mandate UUD 1945, UU No. 1/1974 About Marriage and all Regulation of Legislation that supports, must do “Itsbat Nikah” to thepeople who don’t recomended by Pegawai Pencatat Nikah (PPN).]]>
<![CDATA[Prinsip Pelelangan Obyek Hak Tanggungan secara Parate Executie akibat Wanprestasi dalam Perjanjian Kredit ]]>
<![CDATA[Rumawi Rumawi]]>
<![CDATA[ JURNAL RECHTENS Vol. 3 No. 1 (2014): Juni ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.36835/rechtens.v3i1.93
<![CDATA[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.]]>
<![CDATA[Kedaulatan Rakyat dalam Pemilihan Umum Legislatif ]]>
<![CDATA[Mustajib Mustajib]]>
<![CDATA[ JURNAL RECHTENS Vol. 7 No. 2 (2018): Desember ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.36835/rechtens.v7i2.375
<![CDATA[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.]]>
