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Moh. Abd. Rauf
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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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Penetapan Suku Bunga pada Bank Perkreditan Rakyat Jawa Timur Cabang Jember Perspektif Hukum Ekonomi Islam Ervina Maftuhatun Nurul Qomariah; Nina Agus Hariarti; Puput Lestari
Rechtenstudent Journal UIN KHAS Jember Vol. 4 No. 1 (2023): Rechtenstudent April 2023
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.v4i1.206

Abstract

Bank interest or usury is simply interpreted as an expression of remuneration for the use of money lent or the use of funds. Communities who need funds for business will provide remuneration to banks that have provided loans in the form of credit for additional business capital, investment and working capital in trade. The aims of this study are: 1) To find out the determination of interest rates at BPR Jember branches. and 2). Knowing the perspective of Islamic economic law on the determination of interest rates at the East Java BPR Jember branch. Research method The type of research used by researchers is empirical research, namely where the empirical legal research method originates from facts quoted directly from the words and behavior levels of research informants, by conducting interviews while conducting direct observation of research locations. This empirical research is used to directly identify the informants and retrieve data from the results of their research directly and in the form of direct documentation as data to strengthen the results of the research. The purpose of this research is to study in depth about the determination of interest rates at the Madani Blooms National Capital Bank in Panti Jember District. Then from the results of this study, there are conclusions from researchers regarding the determination of interest rates in BPR Jember.
Upaya Polri Memberikan Perlindungan Hukum bagi Konsumen dalam Perjanjian Pinjaman Online Ilegal di Surakarta Risma Dewi Hermawan; Aris Prio Agus Santoso; Kresna Agung Yudhianto
Rechtenstudent Journal UIN KHAS Jember Vol. 4 No. 1 (2023): Rechtenstudent April 2023
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.v4i1.220

Abstract

Technology and information are currently experiencing developments in carrying out activities in all fields with the help of technology. One of them is that online-based lending has not only positive but negative impacts, namely online loan practice services that are not registered with the Financial Services Authority (OJK) or illegal online loans which are services that have caused many cases in society. Perpetrators of illegal online loans can be subject to article 32 paragraph 1 of the Electronic Information and Transaction law. However, even though there are legal regulations, cases of illegal online loans are still found in the field. The problem in this research is how is legal protection for consumers of illegal online loans and the obstacles faced in tackling illegal online loans. This type of research is empirical juridical where data is obtained from interviews and also from literature studies. Data collection techniques were carried out by interviews at the research location after obtaining the data and then the data were analyzed qualitatively. The results of this study are that legal protection is provided for consumers in a preventive and repressive manner. Preventive legal protection is contained in Law no. 8 of 1999 concerning consumer protection, while repressive legal protection is contained in the Financial Services Authority Regulation Number 77/POJK.01/2016 of 2016 concerning Information Technology-Based Money Lending Services.
Status Nasab dan Kewarisan Anak Hasil Sewa Rahim Perspektif Hukum Islam Honainah Honainah; Dominikus Rato; Dyah Ochtorina Susanti
Rechtenstudent Journal UIN KHAS Jember Vol. 4 No. 1 (2023): Rechtenstudent April 2023
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.v4i1.225

Abstract

This study discusses the intricacies of renting a uterus, starting from the law on renting a uterus, the status of children from renting a uterus to inheritance to children from renting a uterus. This research includes the type of normative legal research (legal research) or also known as doctrinal research. The approach used in this study is a statutory approach and a conceptual approach. Analysis of legal material sources is carried out descriptively by not testing theory, but analyzing legal concepts that include legal understanding, legal norms and the legal system. The results of the study concluded that the lineage status of children born by renting a womb is that there are differences of opinion among scholars, some define the mother who owns the ovum as the real mother (nasab) and the mother who owns the uterus as a suckling mother, some other Ulama define the mother who owns the uterus as the lineage mother and the surrogate mother. owner of the uterus as a nursing mother. The inheritance of IVF children through uterine rent in Islamic law still has differences, including some Islamic law experts who say that IVF children through uterine rent are invalid because basically IVF is unlawful and as a result the child's lineage is only related to the mother who gave birth to him, after his ancestry is known, then by law inheritance follows the mother who gave birth, then between children born through IVF through renting a uterus and the mother who gave birth can inherit each other, on the basis that the woman who is pregnant and gives birth.
Islamic Criminal Law Principles in Regulation of Misuse Information on Social Media Victims Mayada Afriga Arum Dari; Nadya Melinda Oktarina
Rechtenstudent Journal UIN KHAS Jember Vol. 4 No. 1 (2023): Rechtenstudent April 2023
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.v4i1.226

Abstract

Law Number 11 of 2008 has an important role in the realization of building a cyber regime. Cases of data misuse on social media are rife along with the development of technology. According to the detikinet page, at least 14 million social media accounts were affected by personal data leaks. In Islam, abuse of identity without the consent of the party is one of the actions that prohibited by Allah SWT, this is because it’s an act that damages and causes harm to other people. The purpose of this study is to find out the form of handling cybercrime in Indonesia, to find out the perpetrators accountability of data misuse according to the ITE Law, and to find out the responsibility for misusing information data on social media according to Islamic Criminal Law. The research method used is a qualitative approach with library research, the data sources used are primary and secondary data sources. Technical data collection by collecting data from primary and secondary sources, namely with a conceptual approach. Research results 1) The form of handling Cybercrime can be carried out with the obligation of operators to provide education to users 2) ITE crimes are regulated in 9 Articles, from Article 27 to Article 35. In these 9 articles, 20 forms are formulated/ type of ITE crime. 3) Accountability for data misuse on social media included in the ta'zir category for violations. The appropriate sanction according Islamic law is imprisonment, also additional punishment in the form of a fine.
Ratio Decidendi of Judges toward Divorce Cases Due to Domestic Violence (KDRT) at the Jember Religious Court Lailia Nailur Rahma Dani; Dwi Hastuti
Rechtenstudent Journal UIN KHAS Jember Vol. 4 No. 1 (2023): Rechtenstudent April 2023
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.v4i1.228

Abstract

The Jember Religious Court accepts quite a number of divorce cases and the divorce rate is getting higher. Until 2021, there were 1,544 divorce cases and 4,289 cases of divorce. Related to this, there are 31 cases of divorce caused by domestic violence (KDRT) in 2021. The number of divorce cases caused by domestic violence, the author is interested in analyzing how the judges consider (ratio decidendi) in deciding divorce cases due to domestic violence at the Jember Religious Court. This research is a type of empirical legal research. The results of this study are: 1. Judges' considerations in deciding divorce cases caused by domestic violence at the Jember Religious Court are in accordance with applicable legal provisions; 2. The legal consequence of the Jember Religious Court judge's decision in the divorce case against the domestic violence case was dropping raj'i divorce, with the condition that the defendant must be responsible for providing maintenance in the form of living iddah to the ex-wife and living for the children.
Analysis of Legal Unification toward the National Legislation Program in Indonesia Ahmad Althof 'Athooillah; Muhammad Faisol
Rechtenstudent Journal UIN KHAS Jember Vol. 4 No. 1 (2023): Rechtenstudent April 2023
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.v4i1.230

Abstract

This study aims to identify and reconstruct various national legal issues. The results of the study were obtained by emphasizing that national law reform is a political process whose success depends on the balance of power between actors within it so that a dialectical process involving all components is carried out by improving legislation. The type of research used is library research which focuses on the library. Data sources are obtained by tracing the literature as well as regulations and norms related to the issues to be studied which originate from books on legal politics, the development of national law, and the science of legislation. The results of this study are (1) That the concept of legal unification in the National Legislation Program is that it must ensure the integration of the nation and state both territorially and ideologically as well as integrating nomocracy (2) because legal unification has succeeded in producing a legal building with modern characteristics with the characteristic of accelerating the integration process, namely development, unity & unity (3) That the conception of legal unification in the future amidst legal pluralism is through the mechanism of harmonization and synchronization of laws and regulations by taking into account several aspects namely legal substance, legal structure, legal culture, and supporting infrastructure.

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