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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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Implementation the Indonesian Ulema Council Fatwa regarding the Sale and Purchase of Gold in Installments at Sharia Bank of Indonesia Cora Elly Noviati; Ana Laela Fatikhatul Choiriyah; Encik Lukmanul Hakim; Gatot Iriyanto; Frandy Risona Tarigan
Rechtenstudent Vol. 4 No. 3 (2023): Rechtenstudent December 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.v4i3.294

Abstract

Purchasing gold using an installment payment model or in the form of savings has been applied to Sharia Bank of Indonesia (BSI) (BSI) and Pegadaian products. This started with the issuance of MUI Fatwa Number 77/DSN-MUI/V/2010 concerning the Implementation of Gold Installments, even though there were several ulama' who prohibited the practice of buying and selling gold in installments. Based on this, the author is interested in studying the application of gold installments at Sharia Bank of Indonesia (BSI) and its differences with gold savings transactions implemented by pawnshops, both in terms of contracts, payments and comparison of the installments of the two gold installments. The research method used is normative juridical using a statutory approach and a comparative approach. The theory used is the theory of legal benefit. The results of this research show that the transaction model applied by BSI is in the form of gold installments using a murabahah contract and a rahn contract, while Pegadaian is a gold savings account. These two gold installment models can provide benefits for people who want to invest in gold.
The Analysis of Murabahah bil Wakalah Agreements Implementation Consistency toward Sharia Financial Institutions in Indonesia Moh. Wahyu Al Waris; Nuzulia Kumala Sari
Rechtenstudent Vol. 4 No. 3 (2023): Rechtenstudent December 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.v4i3.295

Abstract

Murabahah bil wakalah is buying and selling using the wakalah system. In this buying and selling system, the seller represents his purchase to the customer, thus the first contract is a wakalah contract after the wakalah contract ends which is marked by the delivery of goods from the customer to the Sharia Financial Institution (LKS), then the institution provides a murabahah contract. The practice of murabahah bil wakalah financing in several LKS, namely at PNM Mekaar Syariah West Aceh Branch, Bank BRI Syariah KCP Majayala, KSPPS Istiqamah Padang Panjang, Bank DKI Head Office, and Bank Mualamalat Indonesia Malang Branch . This research is deemed necessary to formulate how the Murabahah bil wakalah agreement should be applied in financing so as not to violate the rules of muamalah fiqh. Meanwhile, this research method uses a normative juridical research type with a statutory approach and a conceptual approach. The results of this research show that the murabahah financing practices in several LKS above do not meet the pillars and requirements of murabahah as stipulated in Islamic law. So it is doubtful that the sharia value of the contract carried out is formally something that is not fulfilled.
Legal Protection for Financial Technology Users Against Fraud and Illegal Acts Muhammad Labib; Rumawi Rumawi
Rechtenstudent Vol. 4 No. 3 (2023): Rechtenstudent December 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.v4i3.296

Abstract

Nowadays, online loan provider companies are increasing rapidly. Ironically, this has negative impacts such as crimes committed by online loan providers. So many users are harmed. This research is normative research, namely research that uses applicable laws and regulations and the approach used is a statutory approach. The results of this research are that in providing legal protection to users of online loan services, the Financial Services Authority (OJK) issued regulations, namely POJK No. 77/POJK.01/2016 concerning technology and information-based lending and borrowing services. And also POJK No.13 /POJK.02/2008 concerning digital financial innovation in the financial services sector. Legal protection can be carried out after a dispute occurs between a user and other users. This regulation is the first regulation issued by the OJK to directly protect fintech issues. The financial services authority has a very important role, namely having the authority to supervise information technology-based companies. OJK itself was formed to impact sustainable and stable economic growth. It is hoped that the OJK was formed to support the interests of the financial services sector as a whole so that it can compete in the economic sector.
Legal Provisions with Basic Principles in Labor Enforcement: Analysis of Effectiveness and Challenges Ririn Sofiana; Uzlifatul Maulidiyah; Ilmi Mufidah; Aisyatul Hasanah; Diah Putri Rusadi
Rechtenstudent Vol. 4 No. 3 (2023): Rechtenstudent December 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.v4i3.297

Abstract

Labor enforcement is an important process in ensuring the protection of workers' rights, ensuring fairness in industrial relations, and promoting worker welfare. This article presents a basic overview of labor enforcement by identifying the main principles, related regulations, and mechanisms used to carry out such enforcement. Through analytical descriptive research, we conclude that labor enforcement plays a crucial role in building a fair and safe work environment for workers in various sectors and job levels. With the existence of principles as a defense of workers' rights regarding work contracts, wages, health standards and union protection. The aim is to guarantee equal protection for all workers and the fulfillment of their rights, these principles must be applied firmly and consistently. The effectiveness is carried out in three stages, namely in the form of educational preventive, non-judicial repressive, and judicial repressive. If there is a dispute over rights or interests, the effort that can be taken is in the form of negotiations. There are also sanctions for company violations of industrial relations rights in the form of administrative, criminal and civil sanctions.
Kerugian Keuangan Negara dalam Undang-Undang Pemberantasan Tindak Pidana Korupsi Perspektif Yuridis Normatif Permata Bela Pertiwi; Muhammad Reyhan Daru Quthni
Rechtenstudent Vol. 4 No. 2 (2023): Rechtenstudent August 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.v4i2.299

Abstract

Handling corruption cases will be less than optimal when state financial losses cannot be recovered. Recovery of state losses is of course necessary to implement development programs that have not been implemented. Handling existing corruption cases, including compensation for state losses, is one of the efforts of law enforcement officials to handle cases of criminal acts of corruption. The main problem of this study is how to apply the calculation of state financial losses before the Constitutional Court decision Number 25/PUU-XIV/2016 and how to apply the calculation of state financial losses afterward. Court No.25/PUU-XIV. 2016. This type of research is included in the legal research category. Although seen from its nature, this research is descriptive analysis. The application of the method for calculating state financial losses in Articles 2 (1) and 3 of Law Number 20 of 2001 amending Law Number 31 of 1999 concerning the Eradication of Corruption Crimes has undergone legal changes. The view regarding the application of state losses because there is no actual or potential state financial loss (potential loss) has changed the view regarding actual state losses (actual loss). After this decision removed phrases that could harm the state, making corruption a material crime, namely a factor that makes state losses absolutely impossible to prove.
Legal Politics of Government Instruments in the Development of State Administrative Law Ahmad Althof 'Athooillah; Alfan Khairul Ichwan
Rechtenstudent Vol. 5 No. 1 (2024): Rechtenstudent April 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.v5i1.300

Abstract

This research aims to identify and reconstruct the supervision and control of Government Instruments, especially in the State Administrative Law (HAN) Corridor. The results of the study were obtained by confirming that how do existing legal rules become the basis for state instruments in carrying out their duties and these legal rules regulate the relationship between citizens and the government. The results of this research are that HAN is an instrument used to carry out government tasks, and involves regulations that regulate interactions between the government and citizens. State Administrative Law plays an important role in regulating relations between the government and citizens and in controlling government tasks. This involves legal norms that regulate the duties and authority of state officials or institutions. The use of discretion or the principle of freies ermessen in HAN provides room for administrators to make contextual decisions. However, discretionary limits must be placed to ensure that the policies adopted do not violate social welfare principles.
The Dynamics of Thrifting Clothing Import Based on Customs Law and Sadd Al-Dzariah in Malang Tajuddin Nur 'Afas
Rechtenstudent Vol. 4 No. 3 (2023): Rechtenstudent December 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.v4i3.303

Abstract

Used imported clothing which is now widespread in Malang apparently does not meet the requirements of the Health Service for sale and purchase. Meanwhile, the aim of this is to ensure the safety and health of consumers so that their physical health is maintained, not only for consumers of imported second-hand clothing but also clothing sellers. This research is empirical juridical with a sociological juridical approach. The data collection method is by conducting interviews and documentation. Then carry out a qualitative descriptive data analysis method to get answers to the problems raised. The aim of the research is to find out the implementation of supervision regarding the prohibition on importing used clothing in Malang, what are the obstacles in carrying out supervision and knowing the implementation of importing used clothing in terms of Islamic Law. First formulation, how to monitor the ban on imports of used clothing in Malang by the Directorate General of Customs and Excise. Second, what are the obstacles in carrying out supervision and how the ban on importing second-hand clothing is implemented from Sadd Dzari'ah's perspective. The results of the research show that with the widespread sale of imported used clothing in Malang, it turns out that there is no action from the Directorate General of Customs and Excise, East Java Region II office in Malang in the form of supervision and the need for coordination between institutions so that this form of supervision and action can be achieved and realized.
Instrument for Protection and Enforcement of Human Rights in Indonesia Rizky Ahadyan Ardyansyah; Saiful Rizal
Rechtenstudent Vol. 4 No. 3 (2023): Rechtenstudent December 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.v4i3.304

Abstract

Human rights are an inseparable component of human life, both in the social, economic, religious, political and even educational fields, because these rights are an integral part of every human being since birth. In addition, the context of the discussion of Human Rights cannot be separated from the scope of the state, because it has become an obligation for a country to guarantee and protect this right under any conditions, Indonesia is also one of the countries that provide guarantees and protection for every right. human rights, although in reality its implementation can still be categorized as not conducive, because this can be seen in the development of cases that allude to the issue of upholding human rights in Indonesia. During the reform era in Indonesia, there were several amendments to the 1945 Constitution. These amendments aimed to improve and strengthen the democratic system and protect human rights. In 1999, the first amendment was made to the 1945 Constitution. This research aims to find out the basic legal concept of protecting and enforcing human rights law in Indonesia, besides that it also aims to increase public insight into the importance of human rights values in the context of state life. In this research the author uses a normative approach by examining several materials or literature data which also discusses the issue of basic legal concepts of protection and enforcement.
NFTs and Intellectual Property: Addressing Legal Certainty for Consumer Protection Alif Ardiansyah; Nuzulia Kumala Sari
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.v5i2.305

Abstract

This paper aims to provide a view regarding NFT transactions in the future to provide legal certainty, especially for IPR by using normative research methods along with supporting theories to find that in fact NFT transactions in Indonesia are far from legal because they do not meet the rules of NFT transactions where PTSE regulations, especially NFT transactions, do not provide legal guarantees to their owners, one of which is the chain of suppliers, namely Opensea, which is not yet optimal, so there is a need for regulations or crypto exchanges, especially NFTs, which not only provide certainty but the crypto market in Indonesia does not experience scams because in terms of analysis NFTs can be categorized as inherity distinctives or as signs that inherently have distinguishing power, immediately if they get protection through use, because some parties often cheat by taking screenshots, but for parties who make legitimate transactions, they have a differentiating way of gaining access to increasing the digitalization of works has reduced the potential value of copyright scarcity, which has become a significant problem in copyright disputes.
TRIP’S Agreement in Legal Protection of Intellectual Property Rights in Indonesia Bayu Abdillah
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.v5i2.306

Abstract

Before Indonesia ratified the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), the national legal system had recognized regulations regarding Intellectual Property Rights (IPR) inherited from the Dutch East Indies colonial era. During that period, the applicable regulations still referred to the Dutch legal system enforced in the colonial territories, including Indonesia. The scope of IPR protection at that time was limited to three main aspects, namely copyright, trademarks and industry, and patents. However, the ratification of the TRIPS Agreement by Indonesia was an important milestone in the transformation of national IPR law. Since then, there has been a significant expansion in the scope, definition, and protection system for various forms of intellectual property. This regulatory update reflects Indonesia's commitment to aligning its legal system with international standards, while strengthening its position in the global trade order. This study aims to analyze the influence of the TRIPS Agreement on the development of IPR legislation in Indonesia, and to assess the extent to which its implementation provides certainty and legal protection for rights owners. Through a normative approach with historical analysis and comparative law, this study emphasizes the importance of harmonizing national law with international instruments in order to support a fair and sustainable investment and trade climate.

Page 12 of 17 | Total Record : 170

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