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Rechtenstudent Journal
Published by Universitas Islam Negeri Kiai Haji Achmad Siddiq Jember
ISSN : 27230406     EISSN : 27755304     DOI : https://doi.org/10.35719/rch.v6i3
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Rechtenstudent Journal 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. We invite comprehensive observations on the expression of law with various dimensions in particular. This journal, which is a forum for the study of Indonesian law supports studies that are focused on certain themes and interdisciplinary studies related to the subject; so that it becomes a medium for exchanging ideas and research results from various perspectives that have interacted scientifically.
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Articles 170 Documents
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Analysis Juridical to Playback Movie Protection Drive-in by Meikarta based on Copyright Law Elisabet Mariyani; Yuli Dinata Kusumaningrum
Rechtenstudent Vol. 3 No. 3 (2022): Rechtenstudent December 2022
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v3i3.190

Abstract

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.
Sanctions for Criminal Act of Fishing with Explosives: Islamic Law Perspective Nur Khovidatur Rohma; Rumawi Rumawi
Rechtenstudent Vol. 3 No. 3 (2022): Rechtenstudent December 2022
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v3i3.192

Abstract

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.
Penetapan Suku Bunga pada Bank Perkreditan Rakyat Jawa Timur Cabang Jember Perspektif Hukum Ekonomi Islam Ervina Maftuhatun Nurul Qomariah; Rumawi Rumawi; Nina Agus Hariarti; Puput Lestari
Rechtenstudent Vol. 4 No. 1 (2023): Rechtenstudent April 2023
Publisher : Sharia Faculty, Kiai Haji 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 Vol. 4 No. 1 (2023): Rechtenstudent April 2023
Publisher : Sharia Faculty, Kiai Haji 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.
Putusan Pemidanaan dalam Perkara Tindak Pidana Membantu Menyediakan Pornografi Anak: Studi Putusan PN Bandung Lely Lestari; Endah Dwi Nurhayati; Fiska Maulidian Nugroho; Y.A. Triana Ohoiwutun
Rechtenstudent Vol. 4 No. 1 (2023): Rechtenstudent April 2023
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v4i1.223

Abstract

Pornography is an act that causes anxiety and concern for the community. Viewing pornographic videos is increasingly accessible, both through print and electronic media. The development of media with pornographic elements has increased the existence of pornographic crimes among the public. The definition of a pornographic crime is an immoral act related to sex in the form of a picture, sketch, photograph, writing, video or through other media shown in public which violates the norms of decency in society. This study aims to, firstly, analyze the suitability of the Bandung District Court's decision number 517/Pid.Sus/2018/Pn.Bdg regarding the crime of assisting in providing child pornography based on trial facts. Second, analyzing the imposition of weighting for criminal law subjects that are specific in nature. This research method uses normative juridical research methods with statutory and conceptual approaches. The conclusions obtained are, firstly the Judge in his ruling stated that the defendants were proven guilty of committing the crime of helping to provide child pornography which was not in accordance with the facts of the trial as seen from the testimony of witnesses and the testimony of the defendant and in that decision the victim was a child so the actions of the defendants were more in line with the crime allowing children to commit obscene acts, therefore the punishment is heavier than the Pornography Law. Second, the Pornography Law does not regulate the burden of criminal penalties for special criminal law subjects such as those closest to the victim. When compared with the Child Protection Act, this regulates criminal sanctions for legal subjects of special criminal offenses with an additional 1/3 (one third) of the threat of the article. So the punishment for those closest to the child is more severe than for other people who are not the closest person to the child victim.
Status Nasab dan Kewarisan Anak Hasil Sewa Rahim Perspektif Hukum Islam Honainah Honainah; Dominikus Rato; Dyah Ochtorina Susanti
Rechtenstudent Vol. 4 No. 1 (2023): Rechtenstudent April 2023
Publisher : Sharia Faculty, Kiai Haji 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 Vol. 4 No. 1 (2023): Rechtenstudent April 2023
Publisher : Sharia Faculty, Kiai Haji 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 Vol. 4 No. 1 (2023): Rechtenstudent April 2023
Publisher : Sharia Faculty, Kiai Haji 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 Vol. 4 No. 1 (2023): Rechtenstudent April 2023
Publisher : Sharia Faculty, Kiai Haji 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.
Integration of Employment Law Regulations in the Omnibus Law: Impact on Workers' Rights and Obligations Vais Vais; Nanda Agustin; Dini Eka Wardhani; Zahidatun Muti’ah Almina; Badrut Tamam
Rechtenstudent Vol. 5 No. 2 (2024): Rechtenstudent August 2024
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v5i2.248

Abstract

Related to Omnibuslaw currently has been established to be part of the Law, but there are some issues that cause overlap and inconsistency with workers. As well as the existence of the work creation law gives more freedom to entrepreneurs than to workers or workers, one of them is like giving hours of work and giving wages that are only unilaterally discontinued without a joint agreement. This is the problem that is considered serious because so many workers complain about the problem. Therefore, with the existence of the application of omnibuslaw to the law of creation of work to correct the imbalance that has occurred to entrepreneurs and workers. As with the establishment of government regulations replacing the Law No. 2 of 2022 on job creation, these new regulations were enforced with the aim of further maximizing and improving the welfare of workers or entrepreneurs based on Pancasila. Even with the implementation of omnibuslaw to improve the existing employment system in Indonesia.

Page 10 of 17 | Total Record : 170

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