Rechtenstudent Journal
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.
Articles
96 Documents
<![CDATA[Physical Neglect and Mental Violence Towards Children by Parents: An Analysis of Criminal Law ]]>
<![CDATA[Dewi Magfirotul Akbar]]>
<![CDATA[ Rechtenstudent Journal UIN KHAS Jember Vol. 3 No. 3 (2022): Rechtenstudent December 2022 ]]>
Publisher : <![CDATA[Sharia Faculty, KH. Achmad Siddiq State Islamic University of Jember ]]>
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DOI: 10.35719/rch.v3i3.189
<![CDATA[Physical neglect and mental violence are types of violence against children whose provisions are regulated in several articles in the Criminal Code and Law No. 35 of 2014 concerning Child Protection. In the articles that regulate acts of physical neglect and mental violence, it is necessary to explain specifically regarding the types of acts of violence concerned so that efforts to protect victims can be carried out optimally. However, there are several articles in the Criminal Code and in the Child Protection Law that experience blurred norms due to limited explanations regarding the types of acts of violence. This study aims to find out how the systematic protection and views of positive law and Islamic criminal law regarding acts of physical neglect and mental violence against children committed by both biological parents. The method used is to use a type of normative juridical research through statutory and conceptual approaches. The conclusions of this study are: 1) Acts of physical neglect in the Criminal Code are regulated in articles 305, 306 and 307 and in Law No. 35 of 2014 are regulated in article 76B. The prohibition on acts of mental violence is regulated in Article 1 paragraph (15a). Meanwhile, according to Islamic criminal law, the act of violence is punishable by ta'zir because it is not regulated by the text. 2) Protection for victims of physical neglect has been regulated in article 71 of the Law on Child Protection and for victims of mental violence has been explained in article 69 of the Law on Child Protection. Meanwhile, according to Islamic criminal law, the nature of child protection is to fulfill all children's rights and provide treatment and protection from all things that can harm children, including life, property and so on.]]>
<![CDATA[Sanctions for Criminal Act of Fishing with Explosives: Islamic Law Perspective ]]>
<![CDATA[Nur Khovidatur Rohma]]>;
<![CDATA[Rumawi Rumawi]]>
<![CDATA[ Rechtenstudent Journal UIN KHAS Jember Vol. 3 No. 3 (2022): Rechtenstudent December 2022 ]]>
Publisher : <![CDATA[Sharia Faculty, KH. Achmad Siddiq State Islamic University of Jember ]]>
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DOI: 10.35719/rch.v3i3.192
<![CDATA[The state loss of 30 trillion rupiah is part of the negative impact of the crime of fishing with explosives in Indonesia. A more severe negative impact is damage to marine habitats and ecosystems. This includes fishing with explosives accompanied by destruction to the environment. If this natural damage is not repaired immediately, then the threat of greater losses will haunt the Indonesian state which will also have a major impact on the earth's environment and global climate change. Islamic law does not tolerate any crime that harms the nation and society, which is very suitable to be a source of Indonesian law. So that the crime of fishing with explosives can be studied using Islamic law in its entirety. Then, the Qiyas method is used to analogize it to Islamic law which textually does not mention the term criminal act of fishing with explosives. Finally, the authors come to the conclusion that the crime of fishing with explosives is included in the ta'zir crime, namely a crime that does not fulfill the head or qi?as diy?t requirements perfectly. However, with this ta'zir punishment, the strict attitude of Islamic law towards the perpetrators does not disappear, in fact, these strict sanctions can be in the form of death penalty, imprisonment, exile, and fines. The party authorized to impose the sentence is Ulil-Amri, who of course must be supported by all of society, so that the sanctions imposed can be effective. Hopefully the strictness of Islamic law can become a source of positive Indonesian law in the future.]]>
<![CDATA[Tindak Pidana Pembunuhan Karena Membela Diri Perspektif Hukum Pidana Islam dan Hukum Pidana Nasional ]]>
<![CDATA[Dwi Dodik Romadoni Wijaya]]>;
<![CDATA[Helmi Zaki Mardinasyah]]>
<![CDATA[ Rechtenstudent Journal UIN KHAS Jember Vol. 3 No. 3 (2022): Rechtenstudent December 2022 ]]>
Publisher : <![CDATA[Sharia Faculty, KH. Achmad Siddiq State Islamic University of Jember ]]>
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DOI: 10.35719/rch.v3i3.178
<![CDATA[The crime of murder is a legal event that is forbidden in Islamic law. In criminal law in Indonesia it is regulated in Article 340 of the Criminal Code. However, there are legal consequences if a person commits a criminal act of forced murder because in self-defense one's efforts are to defend oneself against other people's criminal attacks in order to protect life, honor and property, namely by defending oneself when a person is attacked or deprived of his rights. This research is a library research, the materials and data obtained from the library and various other descriptions that are relevant to the problem of the writing topic. The results of the study are that there are similarities and differences in the terms of forced defense in Islamic criminal law and positive law. The equation for these conditions is the protected object (life, honor and property of oneself and others). The fundamental difference is that it exceeds the permissible defense limit. If in positive law it is permissible to go beyond the limits of forced defense on condition that there must be a cause for great mental disturbance (Article 49 paragraph 2) which is casuistic in nature and determined by a psychiatrist. Whereas the view of Islamic Criminal Law in carrying out acts of defense may not exceed the specified limit, if that happens then the excess must be accounted for by the person who committed the act.]]>
<![CDATA[Analisis Kritis Konstruksi Pengaturan Autopsi dalam Proses Penyidikan Tindak Pidana Pembunuhan di Indonesia ]]>
<![CDATA[Wahyu Dwi Nur Cahyo]]>;
<![CDATA[Asyharul Muala]]>
<![CDATA[ Rechtenstudent Journal UIN KHAS Jember Vol. 3 No. 3 (2022): Rechtenstudent December 2022 ]]>
Publisher : <![CDATA[Sharia Faculty, KH. Achmad Siddiq State Islamic University of Jember ]]>
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DOI: 10.35719/rch.v3i3.179
<![CDATA[Autopsy is a surgical examination of a corpse to determine the cause of death. In practice, the autopsy is often rejected by the victim's family based on religion or culture reasons. Article 222 of the Criminal Code said anyone who obstructs the autopsy is subject to criminal penalties. However, in Article 134 of the Code a quo, family rejection is implicitly permissible because in the formulation of the article there is no further information regarding family rejection. This study discusses the problems of autopsy regulations, and the urgency of autopsy implementation in Indonesia legal system. Through normative juridical methods, two research results were found: The implementation of forensic autopsies in Indonesia has a weakness because of ambiguity seen in articles 133 and 134 KUHAP which regulate notification to the victim's family to perform an autopsy. Thus, it creates legal uncertainty because there aren’t autopsy technical regulations. In addition, explanatory of victim's family regarding the results of the autopsy and the influence of law enforcement can be an obstacle due to discretion of the investigator by canceling the autopsy at the request. The urgency of an autopsy is to reveal unnatural death of a person, determine whether there was a murder or not and seek material truth, so that it can be linked to the purpose of law. Through the autopsy process, the reason for the victim's death can be explained in the visum et repertum. Then a clear conclusion is drawn about the reason for the death of the victim.]]>
<![CDATA[Pandangan Hukum Islam terhadap Ketentuan Hilangnya Kekuatan Hukum Surat Wasiat pada Pandemi Covid-19 ]]>
<![CDATA[M. Agustia Maradika Wildan]]>;
<![CDATA[Inayatul Anisah]]>
<![CDATA[ Rechtenstudent Journal UIN KHAS Jember Vol. 3 No. 3 (2022): Rechtenstudent December 2022 ]]>
Publisher : <![CDATA[Sharia Faculty, KH. Achmad Siddiq State Islamic University of Jember ]]>
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DOI: 10.35719/rch.v3i3.180
<![CDATA[A will is a form of gift whose implementation is carried out when the giver of the will dies. The implementation of a will can be done using oral or written methods. The purpose of a will is to make it known to other people, but in the Civil Code there is a rule that a will made during a pandemic suddenly becomes invalid, although in practice this rule does not apply to Muslims in Indonesia. The focus of the problems studied are: 1) What are the provisions for the loss of legal force in a will made during the Covid-19 pandemic based on the Civil Code Article 950 Paragraph 1?; 2) How does Islamic Law regulate the loss of legal force in a will made during the Covid-19 pandemic based on the Civil Code Article 950 Paragraph 1? This study uses a qualitative approach with a normative juridical type of research which aims to obtain views of Islamic Law regarding provisions regarding the loss of legal force in wills made during the Covid-19 pandemic in the Civil Code. The results of the research are that the validity period of a will made during the Covid-19 pandemic based on Article 950 Paragraph 1 of the Civil Code is 6 (six) months and if it exceeds that time, it loses its legal force. Meanwhile, the view of Islamic law is that a will remains legally enforceable as long as the will is not revoked by the testator.]]>
<![CDATA[Praktik Utang Piutang melalui Aplikasi Peer to Peer Lending Kredit Pintar dalam Perspektif Fatwa Dsn-MUI ]]>
<![CDATA[Tutik Hidayati]]>;
<![CDATA[Ramdan Wagianto]]>;
<![CDATA[Hawa’ Hidayatul Hikmiyah]]>
<![CDATA[ Rechtenstudent Journal UIN KHAS Jember Vol. 3 No. 3 (2022): Rechtenstudent December 2022 ]]>
Publisher : <![CDATA[Sharia Faculty, KH. Achmad Siddiq State Islamic University of Jember ]]>
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DOI: 10.35719/rch.v3i3.182
<![CDATA[Online loans are loans with a system through online media, one of which is the Smart Credit Application. Debt is one of the muamalah activities that is based on mutual cooperation between each other so that Muslims can do it if the debt and credit contracts are fulfilled properly. The focus of the problems in this study are: 1) The loan application process in the Smart Credit Application in Islamic law. 2) Debts that have not been paid off by the due date determined by the Smart Credit application in Islamic law. The type and approach of this research is library research with qualitative methods (library research). The collection technique used is the documentation technique, namely collecting various written sources including books, newspapers, and so on. Analysis of the data used in this study used descriptive qualitative. This study concludes that: 1) The loan process in the Smart Credit application based on the pillars and terms of the qardh contract has met the provisions of the DSN fatwa No: 19/DSN-MUI/IV/2001 concerning Al-Qardh. 2) Debt payments must be in accordance with the agreement, must not exceed the specified maturity limit, if it exceeds the maturity limit a fine will be imposed in accordance with the DSN DSN fatwa No: 17/DSN-MUI/IX/2000 concerning sanctions on capable customers who delay payment of debts.]]>
<![CDATA[Analysis Juridical to Playback Movie Protection Drive-in by Meikarta based on Copyright Law ]]>
<![CDATA[Elisabet Mariyani]]>;
<![CDATA[Yuli Dinata Kusumaningrum]]>
<![CDATA[ Rechtenstudent Journal UIN KHAS Jember Vol. 3 No. 3 (2022): Rechtenstudent December 2022 ]]>
Publisher : <![CDATA[Sharia Faculty, KH. Achmad Siddiq State Islamic University of Jember ]]>
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DOI: 10.35719/rch.v3i3.190
<![CDATA[Intellectual Property Rights are creations or works originating from human ideas. Copyright is one of the rights protected by Intellectual Property Rights. Copyright protects several forms of work, one of which is film. Several months ago Meikarta held a drive -in event . Drive - in is the activity of watching movies via car. Drive -in is not strictly regulated in Law Number 28 of 2014 concerning Copyright. Therefore the author is interested in writing a paper entitled Main problems in this thesis into two, namely; What are the arrangements for drive -in screening of films based on Law Number 28 of 2014 concerning Copyright, and whether Meikarta committed a violation in carrying out drive -in screening of films as stipulated in Law Number 28 of 2014 concerning Copyright. In this study using normative research methods with qualitative data analysis. The results of the study illustrate that setting movie playback with the drive -in method is permissible however still have to ask permission from the Copyright Holder or Creator. And must still pay attention to the provisions of Law Number 28 of 2014 concerning Copyright. Meikarta has violated Article 9 paragraph (2) and (3), as well as Article 113 of Law Number 28 of 2014 concerning Copyright.]]>
<![CDATA[Analisis Implementasi Prinsip Syariah pada Latansa Homestay Kalipuro Kabupaten Banyuwangi berdasarkan Fatwa Dsn-MUI ]]>
<![CDATA[Ika Maulidina Winedar]]>;
<![CDATA[Mahmudah Mahmudah]]>;
<![CDATA[Lutfi Rahmatullah]]>
<![CDATA[ Rechtenstudent Journal UIN KHAS Jember Vol. 3 No. 3 (2022): Rechtenstudent December 2022 ]]>
Publisher : <![CDATA[Sharia Faculty, KH. Achmad Siddiq State Islamic University of Jember ]]>
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DOI: 10.35719/rch.v3i3.181
<![CDATA[The basis for sharia tourist destination regulations is regulated in the DSN MUI Fatwa No: 108/DSN-MUI/X/2016 concerning guidelines for organizing tourism based on sharia principles. The concept of sharia tourism is the process of incorporating sharia values into the prospects of tourism activities. Sharia tourism must review the basic values of Muslims in its services starting from restaurants, lodging, to tourism activities that refer to sharia where halal and haram are used as the main benchmark. Then how is the implementation of the DSN-MUI fatwa on Latansa Homestay which is the object of study in this study. This type of research is field research using a descriptive qualitative approach. Data collection techniques using observation, semi-structured interviews, and documentaries. Qualitative descriptive analysis of Miles, Huberman and Saldana's interactive model. The results of this study indicate: 1) guests are required to submit ID cards, including for guests who bring partners, must be proven by ID cards with the same address, and for couples who are married in unregistered marriage, they are required to show wedding photos. 2) the food and drinks provided at Latansa Homestay are halal because the place is clean, not unclean, does not contain pork, alcohol, the manager cooks for himself and around the Homestay there are no buying and selling transactions of illegal food and drinks.]]>
<![CDATA[Tafsir Hak Asasi Manusia dalam Putusan Mahkamah Konstitusi Tentang Politik Dinasti Perspektif Fiqh Siyasah ]]>
<![CDATA[Lailatul Fitria]]>;
<![CDATA[Muhammad Faisol]]>;
<![CDATA[Badrut Tamam]]>
<![CDATA[ Rechtenstudent Journal UIN KHAS Jember Vol. 3 No. 3 (2022): Rechtenstudent December 2022 ]]>
Publisher : <![CDATA[Sharia Faculty, KH. Achmad Siddiq State Islamic University of Jember ]]>
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DOI: 10.35719/rch.v3i3.185
<![CDATA[Dynastic politics is defined as leadership that only relies on the hands of groups that still have blood ties or kinship. In the Constitutional Court Decision Number 33/PUU-XIII/2015 concerning arrangements related to dynastic politics after a judicial review was carried out by parties who have legal standing and considered the law related to the prohibition of dynastic politics to be contrary to the 1945 Constitution. Because it was considered to formulate new norms and there was a violation of constitutional rights citizens to get equal opportunities in government. The interpretation of human rights following the issuance of the Constitutional Court decision No. 33/PUU-XIII/2015 concerning dynastic politics is that every citizen has the right to be elected and elected in regional head elections, so there is no longer any prohibition for incumbents to participate. in politics. Interpretation of Human Rights in the Constitutional Court Decision No. 33/PUU-XIII/2015 regarding dynastic politics if seen and understood more deeply from the point of view of fiqh principles based on the Constitutional Court's decision, regarding human rights, especially members of the incumbent' family to nominate regional heads, looking at so many data and surveys that show the negative impact of this dynastic politics, one of which often occurs is corruption, so based on fiqh principles it provides recognition that public interests must take precedence over special interests.]]>
<![CDATA[Sanksi Tindak Pidana Pelaku Deelneming Pembunuhan Berencana Terhadap Anak di Pengadilan Negeri Denpasar ]]>
<![CDATA[Azalia Elian Faustina]]>;
<![CDATA[Martoyo Martoyo]]>
<![CDATA[ Rechtenstudent Journal UIN KHAS Jember Vol. 3 No. 3 (2022): Rechtenstudent December 2022 ]]>
Publisher : <![CDATA[Sharia Faculty, KH. Achmad Siddiq State Islamic University of Jember ]]>
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DOI: 10.35719/rch.v3i3.187
<![CDATA[Participation Murder (Delneeming) is a murder that contains various forms of physical or non-physical involvement of a person or group in carrying out a behavior or activity that creates a criminal act. However, in this case, problems often arise regarding accompaniment homicide, especially in court when judges consider the issue of accompaniment homicide from the point of view of the Criminal Law Act. The focus of the problems studied in this study are: 1.) How is the case for the perpetrators of deelneming/involvement of premeditated murder against children in the decision Number 864/PID.B-2015.PN.DPS at the Denpasar Bali District Court? 2.) Ratio Decidendi in the case of the crime of premeditated murder against children in decision number 864/PID.B-2015.PN DPS at the Denpasar Bali District Court 3.) Legal consequences for the establishment of sanctions for perpetrators of premeditated murder against children in decision number 864/ PID.B-2015.PN DPS at the Denpasar Bali District Court. The results of this study include: 1.) The chronology of the motive for assisting the murder carried out by Agustay as the defendant to the victim Angeline with the excuse of helping the main perpetrator Margarieth in exchange for a gift and hiding the problem from anyone. 2.) There is a judge's legal consideration which states that the defendant's brother was sentenced to 10 years in prison for the consideration of helping premeditated murder and burying the body with the intention of concealing the death 3.) In the legal consequences there is the formation of sanctions by the judge which contains irrelevant between the Indonesian judicial system and regulations the applicable legislation, among others, the decisions by the panel of judges and the regulations contained in article 57 of the Criminal Code and the absence of legal certainty because from a logical point of view there is a conflict with legal norms that can cause problems.]]>
