Rechtenstudent Journal
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.
Articles
170 Documents
<![CDATA[Analisis Penyelesaian Perselisihan Hubungan Industrial (PHI) secara Litigasi maupun Non-Litigasi ]]>
<![CDATA[Diah Oktaviani]]>;
<![CDATA[Icha Nur Safitri]]>;
<![CDATA[Rosyita Putri Septiviani]]>;
<![CDATA[Syifatul Wardah Alhumairoh]]>;
<![CDATA[Lutfi Aprilia]]>;
<![CDATA[Badrut Tamam]]>
<![CDATA[ Rechtenstudent Vol. 4 No. 2 (2023): Rechtenstudent August 2023 ]]>
Publisher : <![CDATA[Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember ]]>
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DOI: 10.35719/rch.v4i2.249
<![CDATA[Industrial relations disputes (PHI) are of great concern to the public. In principle, disputes can be resolved by the parties themselves or third parties. One of the industrial relations disputes is a strike. A Work Strike is a planned strike and industrial action carried out to stop or slow down work. This dispute will cause a decrease in company productivity, therefore it is necessary to resolve it so that company activities return to normal. Writing this paper uses the literature review method by browsing literature online consisting of theses, journals and books, relating to the resolution of industrial relations disputes. The result of this paper is that PHI is divided into two types, namely disputes of interest and disputes of rights. PHI resolution must be truly objective and fair. Settlement of PHI can be done in court or outside State court. Cassation is the cancellation of a lower court decision, a decision made on the basis of errors and omissions in the Supreme Court's decision. A work strike is an example of PHI. Striking workers must be warned, must not violate the law, and conditions must be met.]]>
<![CDATA[The Effect of Political Configuration on Legal Products: A Critical Study of Responsive Legal Concepts and Orthodox Conservative Law ]]>
<![CDATA[Uul Fathur Rahmah]]>
<![CDATA[ Rechtenstudent Vol. 4 No. 2 (2023): Rechtenstudent August 2023 ]]>
Publisher : <![CDATA[Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember ]]>
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DOI: 10.35719/rch.v4i2.266
<![CDATA[This research discusses the political implications of the birth of legal products, focusing on the concept of responsive and orthodox conservative law. Discusses in depth both the political configuration and the legal character of the state system. This research uses a normative or doctrinal type of research which uses two approaches, namely a statutory approach and a conceptual approach. Consists of two problem formulations, namely 1) What is meant by the concept of responsive law and the resulting legal products? 2) What is meant by the concept of orthodox conservative law and the resulting legal products?. This research results that 1) Legal products (legislation) are greatly influenced by the political configuration in power, so that law is a political product which is a necessity in a country's system. Characteristics of responsive legal products include, participative creation, the content is aspirational and the content is limitative; 2) on the issue of the concept of orthodox conservative law, it has a centralistic-domistic character, its content is positivist-instrumental, its detailed content is open interpretive.]]>
<![CDATA[Historical Juridical Study on the Amendment of Law Number 32 of 2004 Juncto Law Number 23 of 2014 concerning Regional Government ]]>
<![CDATA[Ahmad Fanani]]>
<![CDATA[ Rechtenstudent Vol. 4 No. 2 (2023): Rechtenstudent August 2023 ]]>
Publisher : <![CDATA[Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember ]]>
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DOI: 10.35719/rch.v4i2.267
<![CDATA[In Each region there is a regional government that has been regulated in the applicable laws and must be obeyed, but in this case the regional government laws and regulations are dynamic. So that the statutory regulations undergo a change from time to time according to developments in their time. The focus of this research is 1) How is the organizational structure and authority of the Change of Law Number 32 of 2004 to Law Number 23 of 2014. 2) How is the political dynamics that occur as a result of the Transition of Law Number 32 of 2004 to Law Number 23 of 2014. 3) What are the positive and negative impacts of changing the law. This research is about regional government, according to article 18 paragraph (1) that Indonesia is a unitary state. Therefore, in each region there is a government that regulates each region. There are provincial and district/city governments. So Law Number 32 of 2004 was formed which regulates regional government. Although in the end it changed to Law Number 23 of 2014 concerning Regional Government. In this case the changes are related to changes in the organizational structure and authority of the local government. Because local government laws are dynamic, the laws and regulations that underlie the procedures for administering regional government also need to be updated and improved. But these changes did not occur significant changes.]]>
<![CDATA[The Fiqh Munakahat Perspective toward Ngalor-Ngulon Tradition in Choosing a Wife Candidate in Banyuwangi Regency ]]>
<![CDATA[Andre Setiyawan]]>;
<![CDATA[Miftah Arifin]]>
<![CDATA[ Rechtenstudent Vol. 4 No. 2 (2023): Rechtenstudent August 2023 ]]>
Publisher : <![CDATA[Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember ]]>
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DOI: 10.35719/rch.v4i2.268
<![CDATA[The ngalor-ngulon tradition of the Javanese people in choosing a wife is a prohibition for the Javanese people, especially (men) not to marry women whose house, if pulled straight, forms the direction of ngalor-ngulon (northwest), because it is believed to cause havoc in the household. The focus of this research are: 1) How is the ngalor-ngulon tradition of the Javanese people in choosing a wife? 2) What are the views of community leaders on the ngalor-ngulon tradition of the Javanese community in choosing a wife? 3) How is the ngalor-ngulon tradition seen from the munakahat fiqh? Researchers used a field research model (qualitative) with a descriptive approach model with data collection techniques using three ways, namely: observation, interviews and documentation. The conclusions from this study include: 1) The ngalor-ngulon tradition is a rule for Javanese men not to marry women whose house is on the northwest corner of their house, meaning that Javanese men can marry any woman except the one whose house is ngalor-ngulon. 2) Of the four informants, three of them chose to keep and obey the rules passed down by the ancestors of the Javanese people because these rules had become public law, even though this was not exemplified in religion. 3) Even though this tradition is not mentioned in munakahat fiqh, it is not a violation of religious norms, it only adds to the rules in marriage and is not a violation. Therefore, obeying or violating the ngalor-ngulon tradition does not make the marriage valid or void.]]>
<![CDATA[Analisis Yuridis Putusan Mahkamah Konstitusi No. 80/PUU-XIV/2016 tentang Kewarganegaraan ]]>
<![CDATA[Anisah Magfiroh]]>;
<![CDATA[Inayatul Anisah]]>
<![CDATA[ Rechtenstudent Vol. 4 No. 2 (2023): Rechtenstudent August 2023 ]]>
Publisher : <![CDATA[Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember ]]>
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DOI: 10.35719/rch.v4i2.269
<![CDATA[In 2016, there was a case regarding the questioning or loss of the citizenship status of a child, which resulted from mixed marriages between Indonesian citizens and foreign nationals (France). A person's citizenship status is very important, because there is legal protection by the state for its citizens both inside and outside the country. The research method of Library Research and the type of research is normative law to arrive at a conclusion and seek information about the basis or legal basis that emphasizes analysis related to the object of study studied by examining Constitutional Court Decisions and journals related to citizenship status. The results of this study include: 1) The issuance of the Constitutional Court Decision Number 80/PUU-XIV/2016 concerning Citizenship was caused by the loss of the constitutional rights of a child from mixed marriages because of the phrase in article 41 of Law Number 12 of 2006 which requires register with the minister 4 years after the law was promulgated, even though it is already known that in article 6 it has also been stated regarding the right to choose citizenship after the age of 18, but it needs to be outlined what the meaning of article 6 only applies if article 41 is done first for children born before 2006. 2) Implications of the Constitutional Court Decision Number 80/PUU-XIV/2016 against mixed marriages in Indonesia eliminates discrimination against women by providing legal protection and clarity for children of mixed marriages.]]>
<![CDATA[Analisis Kebijakan Corporate Social Responsibility PT Telkom Indonesia dalam Upaya Peningkatan Ekonomi Nasional ]]>
<![CDATA[Nisa Masitho]]>;
<![CDATA[Agustine Rossa Diah Utari]]>
<![CDATA[ Rechtenstudent Vol. 4 No. 2 (2023): Rechtenstudent August 2023 ]]>
Publisher : <![CDATA[Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember ]]>
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DOI: 10.35719/rch.v4i2.270
<![CDATA[This research discusses legal certainty in the implementation of Corporate Social Responsibility (CSR) in a normative and conceptual review. An important point in this research is the context of differences in different mechanisms in implementing CSR between State-Owned Enterprises (BUMN), especially PT Telkom Indonesia and private companies which do not have a unified understanding of CSR. This research uses a normative research type with a statutory and conceptual approach supported by legal materials in it. This research consists of two problem formulations, namely 1) How do CSR arrangements in Indonesia improve the national economy? 2) What is the impact of PT Telkom Indonesia's CSR policy on the national economy? This gives rise to two conclusions, namely 1) There is a gap in the implementation of CSR between BUMN and the private sector due to differences in interpretation therein. 2) CSR has a positive impact on society, but of course requires optimization in its implementation. PT Telkom Indonesia is listed as a company with the best CSR management with various awards received.]]>
<![CDATA[Qardh Agreement on Spaylater Limit Loans According to The View of MUI Fatwa About Sharia Electronic Money ]]>
<![CDATA[Hikmatul Komaria]]>
<![CDATA[ Rechtenstudent Vol. 4 No. 2 (2023): Rechtenstudent August 2023 ]]>
Publisher : <![CDATA[Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember ]]>
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DOI: 10.35719/rch.v4i2.271
<![CDATA[SPayLater is a shopping loan provided by Shopee. SPayLater loans can be used by users to buy their needs in installments without a credit card. This SPayLater Limit Loan uses the Qardh contract. A Qardh contract is a loan given by one person to another with the condition that the borrower must return the value of what was borrowed. The issue of this legal research is: what is the mechanism for the SPayLater limit loan at Shopee and what is the Qardh contract for the SPayLater limit loan according to the view of DSN-MUI Fatwa No: 116/DSN-MUI /IX/2017 concerning Sharia Electronic Money. The research method used is an empirical research method with a qualitative approach. Data collection techniques that researchers use are structured interviews, participatory observation and document study. This research obtained results in the form of. 1). The SPayLater feature does not appear in every Shopee user account, only selected Shopee user accounts can register SPayLater. The SPayLater limit loan cannot be disbursed and can only be used for transactions on the Shopee application. 2). The provision of SPayLater limit loans provided by Shopee to its users has fulfilled the principles of the Qardh contract, because the pillars and conditions in the Qardh contract have been fulfilled. Furthermore, according to the view of the DSN-MUI Fatwa regarding Islamic Electronic Money, the Qardh contract provisions are not related. Because the conditions aqidnya not met.]]>
<![CDATA[The Urgency of Wage Regulation for Gig Economy Workers in Indonesia ]]>
<![CDATA[Encik Lukmanul Hakim]]>
<![CDATA[ Rechtenstudent Vol. 6 No. 1 (2025): Rechtenstudent April 2025 ]]>
Publisher : <![CDATA[Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember ]]>
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DOI: 10.35719/rch.v6i1.284
<![CDATA[The advancement of digital technology has driven the emergence of a new work model known as the gig economy, particularly in Indonesia, characterized by the increasing number of freelance workers based on digital platforms. Despite offering flexibility, gig workers face serious challenges related to legal protection and fulfillment of labor rights, such as the lack of recognition of formal employment status and uncertainty of wage guarantees. This study examines the legal protection for gig workers from the perspective of labor law in Indonesia, comparing national regulations and practices in countries such as the United Kingdom and the Netherlands. The findings show that Indonesian regulations are inadequate to ensure fair protection for gig workers, thus policies regulating employment status, minimum wages, and inclusive social security are needed. Proper enforcement of legal protection is expected to create a fair and sustainable work ecosystem in the digital economy era.]]>
<![CDATA[Human Rights Protection in Interfaith Marriages: Comparative Study of Indonesia and Singapore ]]>
<![CDATA[Muhammad Ihab Ramadhan]]>;
<![CDATA[Safira Wijaya]]>;
<![CDATA[Anggi Rachma Zakia Fitri]]>;
<![CDATA[Ghea Tyagita Cahyasabrina]]>;
<![CDATA[Bunga Cantika]]>;
<![CDATA[Dwi Aryanti Ramadhani]]>
<![CDATA[ Rechtenstudent Vol. 4 No. 3 (2023): Rechtenstudent December 2023 ]]>
Publisher : <![CDATA[Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember ]]>
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DOI: 10.35719/rch.v4i3.291
<![CDATA[This research aims to determine the registration of interfaith marriages in Indonesia and Singapore after the issuance of SEMA Number 2 of 2023 and the protection of human rights regarding the registration of interfaith marriages in Indonesia after the issuance of SEMA Number 2 of 2023. In Indonesia, marriage is regulated in Law Number 1 of 1974 and KHI , while in Singapore marriage is regulated in the AMLA and Women's Charters. This research uses normative legal research methods with the type of library research and uses a statutory approach and a comparative approach. The research results show that before the issuance of SEMA number 2 of 2023, the District Court can ratify applications for registering interfaith marriages. However, after the issuance of SEMA number 2, it was firmly stated that interfaith marriages may not be determined by any District Court. As for the protection of human rights for citizens regarding the registration of interfaith marriages in Indonesia after the issuance of SEMA Number 2, if it is related to human rights, Indonesia can be said to have limited the human rights of every citizen to have a family. This is different from Singapore, which facilitates interfaith marriages as regulated in the Women's Charter.]]>
<![CDATA[Comparative Study of the General Election Commission (KPU) in the United States and South Korea ]]>
<![CDATA[Sinta Alfi Rosyida]]>;
<![CDATA[Basuki Kurniawan]]>
<![CDATA[ Rechtenstudent Vol. 4 No. 3 (2023): Rechtenstudent December 2023 ]]>
Publisher : <![CDATA[Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember ]]>
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DOI: 10.35719/rch.v4i3.292
<![CDATA[According to Article 22 E of the 1945 Constitution of the Republic of Indonesia, Indonesia is a democratic country where the people hold the highest power with a representative system, namely general elections. General elections are one way for people to participate in politics. The type of research used is library research, where the research is centered in the library to obtain data without carrying out field research. So the data source is obtained using literature or regulations and norms related to the problem to be studied, namely in the form of books that examine the Position and Authority of the General Election Commission (KPU). The results of the research are 1) That the Juridical Study of the Position and Authority of the General Election Commission (KPU) in the perspective of the State Administration of the Republic of Indonesia is to realize the instrument of popular sovereignty, which aims to create a legitimate government and provide a way for the people to express their ambitions and interests. 2) That the comparison of the position and authority of the General Election Commission (KPU) in the United States and South Korea is that the United States has two general election commissions, namely the Electoral College and the Federal Election Commission (FEC).]]>
