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Rechtenstudent Journal
Published by Universitas Islam Negeri Kiai Haji Achmad Siddiq Jember
ISSN : 27230406     EISSN : 27755304     DOI : 10.35719
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Rechtenstudent Journal (RSJ) publishes articles on law studies from various perspectives, literature studies, and field studies. This journal emphasizes aspects of positive legal with special reference to socio-legal activities, legal politics, criminal, civil, and the doctrine of both positive law/ Islam.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 96 Documents
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Analisis UU No. 34 Tahun 2004 Tentang Kedudukan dan Peran TNI dalam Lembaga Pemerintahan Negara Muhammad Hendrik Novavah
Rechtenstudent Journal UIN KHAS Jember Vol. 1 No. 1 (2020): Rechtenstudent April 2020
Publisher : Sharia Faculty, KH. Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v1i1.8

Abstract

The military in Indonesia has been heavily involved in socio-political life in determining state policy. This involvement in the socio-political realm that began in 1945-1998 was known as the dual function of ABRI. However, the concept of ABRI's dual function is seen as the cause of the failure of the existing government system in Indonesia. With the many demands for reform and the fall of the New Order regime, in 2000 to be precise in May the concept of Dwifungsi was officially removed from the treasury of the TNI institution. The type and approach used in this research is normative legal research. The approach used is the statute approach, the case approach, and the conceptual approach. Sources of research using primary legal materials and secondary legal materials. Collection of legal materials, namely, looking for legal materials that are relevant to the issue at hand. Analysis of legal materials using deductive and inductive methods.
Analisis Konsep Kawin Hamil pada Film Dua Garis Biru Perspektif Hukum Positif Indonesia dan Hukum Islam Emiliya Ehsaniyah
Rechtenstudent Journal UIN KHAS Jember Vol. 1 No. 1 (2020): Rechtenstudent April 2020
Publisher : Sharia Faculty, KH. Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v1i1.9

Abstract

Nowadays, there are many cases of marriage for pregnant women, this is one of the effects of too free association between men and women. The phenomenon of pregnant marriage as a result of promiscuity among adolescents is reflected in the film Two Blue Lines. In Islamic law, people who engage in husband and wife relations outside of a legal marriage are punished as adultery. If the adultery results in pregnancy and marriage, the priests of the Madzhab have different opinions regarding the validity of the marriage and also the status of the child in the womb. Whereas in positive law (Marriage Law and KHI), the marriage of a pregnant woman is legal and the status of the child who is born later is categorized as a legal child. The purpose of this study was to determine and analyze the concept of pregnant marriage contained in the scenes of the film Dua Lines Biru to be analyzed using Law No.1 of 1974 concerning Marriage, Islamic Law, and Compilation of Islamic Law.
Jual Beli Plat Nomor Kendaraan Bermotor Perspektif Fiqih Muamalah dan Undang-Undang LLAJ di Bondowoso Miftahur Riski
Rechtenstudent Journal UIN KHAS Jember Vol. 1 No. 1 (2020): Rechtenstudent April 2020
Publisher : Sharia Faculty, KH. Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v1i1.10

Abstract

Buying and selling is a form of interaction between people to maintain and fulfill their daily needs. Buying and selling vehicle number plates can be found in the Bondowoso area. The sale and purchase of motorized vehicle number plates on the side of the road is permitted according to religion and law. However, in practice many people make these number plates with various purposes in which there are elements of fraud and forgery. To trick the police by ordering a beautiful number plate that is attached to a bulging motorbike, to be modified, originally on the plate the numbers are converted into letters, to change their validity period. The purpose of this study was to determine how the practice of buying and selling motor vehicle number plates in Bondowoso in terms of fiqh muamalah and Law Number 22 Year 2009 concerning Traffic and Road Transport. The method used in this research is descriptive qualitative with a field research approach.
Tinjauan Hukum Islam Terhadap Tradisi Mayangi di Desa Puger Wetan Kecamatan Puger Kabupaten Jember Via Nailatul Husna
Rechtenstudent Journal UIN KHAS Jember Vol. 1 No. 1 (2020): Rechtenstudent April 2020
Publisher : Sharia Faculty, KH. Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v1i1.11

Abstract

The Mayangi tradition in Puger Wetan Village is a tradition passed down from generation to generation from ancient Javanese society, until now it is still widely found in Javanese life, especially in Puger Wetan Village, Puger District, Jember Regency. The focus of the problems examined in these theses are; (1) How is The Mayangi Tradition Implementation Mechanism in Puger Wetan Village, Puger District, Jember Regency? (2) How to Review Islamic Law Against MayangiTradition? This research uses qualitative research by conducting field research supported by library researchers. The results showed that: (1) The implementation ofThe Mayangi tradition in Puger Wetan Village, Puger Subdistrict, Jember Regency, is usually carried out before the wedding and when the Sukerta child has grown up. (2)The Mayangi tradition is motivated by the existence of special born children or Sukerta children, Sukerta children if they are not treated, bad luck will always suffer in their life. (3) The implementation of The Mayangi tradition includes Urf Sahih if it is done as a form of gratitude to Allah SWT.
Hukuman Tambahan Berupa Pembayaran Ganti Rugi bagi Pelaku Tindak Pidana Korupsi dalam Undang-Undang Tipikor Perspektif Hukum Pidana Islam Riva Luviana
Rechtenstudent Journal UIN KHAS Jember Vol. 1 No. 1 (2020): Rechtenstudent April 2020
Publisher : Sharia Faculty, KH. Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v1i1.12

Abstract

Corruption is a crime that can be categorized as an extraordinary crime because it has damaged not only state finances and the country's economic potential, but has also destroyed the socio-cultural pillars, political morals and the legal system of national security. The focus of the problems examined in these theses are 1) How to implement additional penalties for perpetrators of criminal acts of corruption in the form of compensation payments in article 18 paragraph (1) Letter b Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning eradication corruption. 2) How does Islamic criminal law review the implementation of additional penalties for perpetrators of criminal acts of corruption in the form of replacement money in article 18 paragraph (1) letter b of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the eradication of corruption? Based on Islamic criminal law, compensation in the form of payment is included in the category of additional punishment ('Uqubah Taba'iyah) which follows the basic sentence without requiring a separate decision. Compensation penalties are also included in the category of ta'zir punishment in the form of assets.
Pengaruh dan Dampak Intervensi Orang Tua Terhadap Rumah Tangga Anak Perspektif Hukum Islam di Desa Mayang Jember Wahdatur Rike Uyunul Mukarromah
Rechtenstudent Journal UIN KHAS Jember Vol. 1 No. 1 (2020): Rechtenstudent April 2020
Publisher : Sharia Faculty, KH. Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v1i1.13

Abstract

There have been many cases containing the intervention or intervention of parents in the life of the child's family, along with the impacts that occur in the child's household. Having a family Ideally has your residence, not living with your parents (in-laws). With separate living quarters so that we can manage our household wheels. The authors also encountered a variety of Parental Interference Problems and their Impact on Children's Households. This is what makes the author interested in researching three families in Mayang Village, Mayang Subdistrict, Jember Regency who still live under the same roof as their parents who experience disharmony due to parents who should not have to interfere with their child's household.
Praktik Kerja Dokter Laki-laki dalam Menangani Pasien Perempuan Perspektif Maqashid Syariah Nur Laily Himami Habsawati
Rechtenstudent Journal UIN KHAS Jember Vol. 1 No. 1 (2020): Rechtenstudent April 2020
Publisher : Sharia Faculty, KH. Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v1i1.14

Abstract

In the medical world, interactions between doctors and patients are certain to happen. To examine a patient, sometimes a doctor has to touch the patient's body, perform an injection or injection, to a cesarean section, which is certainly the most sensitive part of the body. And it is not uncommon for medical workers of the opposite sex who perform these actions. Meanwhile in Indonesia currently the percentage of male and female doctors is not balanced, where male doctors are more dominant than female doctors, even for certain specialties, such as obstetricians, now there are many male doctors, even more dominant than doctors. girls. The fact that patients who want to seek treatment and use health services are mostly male doctors. So that in this study will discuss how the handling of male doctors in treating female patients based on the perspective of Maqashid Syariah. Nurturing the soul is one of the basic sub-materials of Maqashid Sharia, this point is of concern in the discussion of this research. The Maqashid Sharia itself includes five basic aspects, namely the maintenance of religion, soul, mind, descent and property. And this research uses qualitative research to produce descriptive data.
Strategi Menjaga Keharmonisan Rumah Tangga Jarak Jauh Perspektif Pesepak Bola Profesional Klub Jakarta Matador FC Ainur Rofiq
Rechtenstudent Journal UIN KHAS Jember Vol. 1 No. 1 (2020): Rechtenstudent April 2020
Publisher : Sharia Faculty, KH. Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v1i1.16

Abstract

Marriage is a form of uniting two servants of God into the same goal, the purpose of marriage is to achieve lasting happiness with a spouse. However, it cannot be denied that career demands have forced the footballer family at the Jakarta Matador FC Club to have long-distance relationships. The purpose of this study was to determine the conditions and household strategies of the married couples of professional footballer families in the Jakarta Matador FC club who have long-distance relationships and are still able to maintain harmony. Then it also aims to find out a review of Islamic law on long-distance households in the married couples of professional footballer families at the Jakarta Matador FC Club. This study used a qualitative approach with descriptive qualitative research with the location of the research on the married couples of footballers who live in Jember and Banyuwangi. Primary data sources are interviews with married couples of professional footballer families at the Jakarta Matador FC club who have long-distance relationships and secondary data, namely other literature relevant to the issues being studied. Data collection methods are observation, interview, and documentation. Meanwhile, the qualitative descriptive data analysis method starts from data reduction, data presentation and concluding. The data validity used source and technique triangulation. The results of this study explain that although the distance is separated, the footballer family can be said to be harmonious because of the openness, mutual trust and good communication among them. Based on the theory of maqasid syari'ah, long distance relations carried out by research subjects have carried out their rights and obligations until they are generally allowed.
Tindak Pidana Penganiayaan yang Menyebabkan Kematian Perspektif Hukum Positif dan Hukum Pidana Islam Moh Alviyan
Rechtenstudent Journal UIN KHAS Jember Vol. 1 No. 1 (2020): Rechtenstudent April 2020
Publisher : Sharia Faculty, KH. Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v1i1.17

Abstract

Persecution is one of the offenses that are the focus of discussion in both positive and Islamic criminal law, the purpose of this study itself is to explain the similarities and differences in the judgments of the torture law that cause death in the perspective of Islamic criminal law and positive criminal law. Persecution that results in death is likened to the deliberate murder of the wrongdoer (qatl al-khata ') who is punished by kifarah. However, it is different from the positive law that applies in Indonesia, in articles 351-358 of the Criminal Code, it is clear about the punishment for perpetrators of persecution. It is undeniable that the two existing legal systems both punish the perpetrator of a criminal act of torture that causes death, but in terms of the method for positive law it places more emphasis on the prison law while in jinayah there is no prison sentence for the perpetrator. The type and nature of research used in this research is the type of library research to examine through books, books and scientific works related to the problem, as well as being descriptive, analytic and comparative.
Partisipasi Masyarakat dalam Musyawarah Perencanaan Pembangunan (MUSRENBANG) Tahun 2019 di Kabupaten Bondowoso Perspektif Undang-Undang Nomor 6 Tahun 2014 tentang Desa Mohammad Wasil
Rechtenstudent Journal UIN KHAS Jember Vol. 1 No. 1 (2020): Rechtenstudent April 2020
Publisher : Sharia Faculty, KH. Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v1i1.18

Abstract

The Development Planning Deliberation which has been regulated in the Minister of Home Affairs Regulation Number 66 of 2007. Furthermore, in Law Number 6 of 2014 Article 80 Paragraph 1 explains that village development planning as referred to by involving village communities, village development planning deliberations determine priorities, programs, activities, and village development needs funded by the village income and expenditure budget, village community self-help and or district / city regional income and expenditure budgets based on an assessment of community needs. In this study, there are two core questions, namely first, how is the participation of the people of Wonosari village, Grujugan sub-district, Bondowoso district in the Musrenbang Perspective of Law Number 6 of 2014 concerning Village Article 80? Second, what factors influence community participation in Musrembang in the village Wonosari? By using observation, interview, and documentation techniques, the results of this research can be obtained, namely: Law Number 14 concerning Villages, seen from Article 80 that Wonosari Village in implementing village Musrenbang, a.) Wonosari Village has implemented the Village Musrenbang as it should have been implemented once a year and held in January. b) Whereas community participation in the Musrenbang in Wonosari village is following regulations that include elements of the community. For all elements in the Law for representation from the community, two factors affect the participation of the Wonosari village community, namely internal and external factors.

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