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Badrut Tamam
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Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University Jember Jl. Mataram No. 1 Mangli, Jember 68136, East Java, Indonesia
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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 of the Legal Justice Concept in Indonesia: Study of John Locke's Perspective Abdul Haris Alifianto; Belva Vidaloka Chrisari; Dominikus Rato; Fendi Setyawan
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.v5i1.321

Abstract

Law serves as the fundamental cornerstone of society, crucial for maintaining order and addressing societal challenges. Within a rule of law framework, the availability of legal sources facilitates the exploration and understanding of legal principles. However, the concept of justice, inherent to human existence, remains elusive and multifaceted, defying simple translation. This study aims to delve into the essence of justice from a legal philosophical perspective. Employing a normative juridical approach, data collection includes diverse scholarly materials and legal documents. The findings underscore the significance of justice as a pivotal concept in human affairs, transcending disciplinary boundaries. Moreover, within legal philosophy, justice emerges as a guiding principle embedded in the fabric of law, grounded in righteousness, fairness, and accountability.
Punishment of Child Perpetrators in the Crime of Sexual Intercourse Helen Tessalonika Yoci; Echwan Iriyanto; Sapti Prihatmini
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.v5i1.322

Abstract

As time goes by, children who do not grow and develop like children in general have the potential to commit criminal acts, such as sexual intercourse. In this decision, the public prosecutor has charged 3 (three) articles in Law Number 17 of 2016 concerning the Stipulation of Government Regulations in place of Law Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection with alternative forms. However, the alternative indictment raises questions regarding the accuracy in drafting the articles used, because if the judge cannot prove the child defendant's actions, then he could be released from inaccurate indictment articles. In addition, the child defendant in this decision was sentenced to a crime that was far from the maximum provisions stated in the article on the proven indictment. The judge's actions were deemed to have deviated from the laws and regulations used, namely Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, created legal uncertainty, and reduced the public's sense of distrust towards Law Enforcement Officials.
Responsibility of Companies Declared Bankrupt for Employee Wages Adiyata Segara Pradhana; Iswi Hariyani; Firman Floranta Adonora
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.v5i1.323

Abstract

Employment or labor problems never end over time, from issues of protection, wages, welfare, industrial relations disputes, guidance and labor inspections, companies along the way do not always experience stable growth and a company can even experience bankruptcy. This research will focus on discussing what is the status of employee wages when the company is declared bankrupt?; Can objects with collateral rights to third parties be included as bankruptcy assets? Using normative juridical research methods and collaborating with the statutory approach and case approach, the answer was found, namely the judge's consideration at the cassation level in decision Number 625 K/Pdt.Sus-Pailit/2021 when correlated with article 102 paragraph 1 of Law Number 40 of 2007 concerning Limited Liability Companies. Every company must comply with the requirements of the company law and its implementing regulations. This element shows that the company adheres to a closed system. Apart from its unique characteristics, a Limited Liability Company also has advantages, including: As a result of limited liability, if the company has debt, shareholders are only responsible for the amount of capital they have paid in. A limited liability company is a legal entity. So that the continuity of the company as a legal entity is guaranteed even though the owner has changed.
Criminal Responsibility in Documents Forgery of Applying Credit Card Silvia Anggraini; Y. A Triana Ohowaitun; Ainul Azizah
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.v5i1.324

Abstract

This research discusses criminal liability in cases of forgery of documents in credit card applications which contain an element of inclusion. Forgery of documents in Articles 263 to 276 of the Criminal Code. This research uses a normative juridical research method using three approaches, namely the statutory approach, conceptual approach, and case approach. Consisting of two problem formulations, namely 1) What is the article alleged by the Public Prosecutor in Decision no. 357/Pid.B/2019/PN.Jkt.Pst and Decision No. 358/Pid.B/2019/PN.Jkt.Pst are in accordance with the acts of participation carried out by the defendant? 2) What is the judge's consideration in handing down a decision against the perpetrator of the crime of document forgery in Decision No. 357/Pid.B/2019/PN.Jkt.Pst and Decision No. 358/Pid.B/2019/PN.Jkt.Pst are in accordance with the defendant's guilt? This research results that 1) the element of inclusion in the indictment made by the public prosecutor is not clear about the direction of participation, because the articles being targeted are different, so the indictment must be statedobsciuur libel. 2) the judge's considerations in handing down a decision regarding the criminal act of forgery of documents in decision no. 357/Pid.B/2019/PN.Jkt.Pst is in accordance with the defendant's error, namely fulfilling the element of error by intentionally falsifying a letter, and decision no. 358/Pid.B/2019/PN.Jkt.Pst has fulfilled the element of error by deliberately using a fake letter. However, because one of the elements of the indictment, namely the inclusion element, is considered unclear, one of the decisions must be null and void.
Disparity in Child Custody Decisions from the Perspective of the Marriage Law and KHI Ahdie Atid Dzikra; Kamarusdiana Kamarusdiana; Yassardin Yassardin
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.v5i1.325

Abstract

This research is a study that focuses on the disparity of decisions in child custody cases. The difference in decisions given by the Tangerang Religious Court in the same case. This study focuses on the factors in the granting of custody from the analysis and consideration of the panel of judges in case No. 967/Pdt.G/2014/PA.Tng and No. 2539/Pdt.G/2016/PA.Tng. The research method used is descriptive analysis. The factors that cause different decisions. In the first case the father as the defendant was unable to properly care for, educate and look after the child, and in the second case the mother as the respondent had left the applicant for more than two years and never returned. In the perspective of the law of marriage and the Compilation of Islamic Law (KHI) "the thing that must be considered is the interest of the child to provide security to children who are victims of divorce, in this case the Panel of Judges prioritizes how to provide protection and good for the child for the benefit and avoid things that are not desired by his parents.
Copyright Protection in Philosophical View as A Natural Right Krisna Mukti Pradana; Bayu Abdillah; Dominikus Rato; Fendy Setiawan
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.v5i1.326

Abstract

Copyright is intellectual property that needs to be protected in order to encourage respect for creative works and prevent copyright infringement. The aim of this research is to analyze the form of legal protection for copyright as a natural right from a philosophical perspective. The research method used is normative juridical with a philosophy approach. The results of this research are that the philosophy of copyright recognition refers to two theories, namely based on natural law theory and utilitarianism theory. Based on natural law theory, copyright is natural right after the creative work is completed, so the protection is automatic, there is no need for registration or enrollment. Recognition of copyright to creators as a moral right is adopted by Indonesia and France. Meanwhile, based on the Utilitarian theory, recognition of copyright in works, as an economic right, which requires registration, so that recognition and protection is given by the state through law, this theory is followed by America, England and Australia.
Analysis of The Implementation toward Employee Social Security at BPJS Employment Novi Indraswari; Robiatul Arofa; Anggita Cahyaning Pratiwi; Badrut Tamam
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.v5i1.327

Abstract

The Implementation of Social Security has been regulated in Law Number 24 of 2011 concerning the Employment Social Security Organizing Agency. BPJS Employment is the institution responsible for administering worker social security programs in Indonesia. BPJS Employment aims to provide social protection to workers and their families and promote the welfare of workers in this country. Analysis of the implementation of worker social security at BPJS Employment in the context of Law no. 24 of 2011 involves research into the policies, procedures and mechanisms used by BPJS Employment to provide social security to workers. The purpose of this analysis is to evaluate the extent to which BPJS Employment has implemented the provisions contained in the Employment Law and to identify potential problems or challenges in its implementation. Analysis of the implementation of worker social security at BPJS Employment in the context of Law no. 24 of 2011 provides a deeper understanding of the effectiveness and challenges faced in the worker social security system in Indonesia. The research method used in this paper is normative legal research. With the help of social security, these workers can minimize the poverty of working class families who are experiencing an economic crisis, as well as termination of employment.
Deconstructing Village Law through Maqasid al-Shari'ah: An Indonesian Legislative Study Risqi Dafiro; Busriyanti Busriyanti
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.v5i2.332

Abstract

This study employs a library research method to examine the formulation of Law Number 6 of 2014 concerning Villages through the lens of Maqashid Syariah, the objectives of Islamic law. The law is recognized as reflecting strong Islamic values, consistent with the perspective of Imam Al-Ghazali, who emphasized that Islamic law aims to achieve the well-being and happiness of humanity both in this world and the hereafter. The five key components of Maqashid Syariah protection of religion (hifdz ad-din), life (hifdz an-nafs), intellect (hifdz al-‘aql), lineage (hifdz an-nasb), and property (hifdz al-maal) serve as the evaluative framework in this analysis. The research findings indicate that the establishment of Law Number 6 of 2014 was intended to enhance the effectiveness of village governance, improve public service delivery, strengthen community empowerment, and encourage active citizen participation in national development. The law provides maslahah (public benefit) by addressing the universal needs of society and aligning with the principles of Maqashid Syariah. Additionally, the study affirms that the law not only benefits Muslims but also serves the interests of non-Muslim communities, thereby reinforcing the universal applicability of Islamic legal values. The analysis concludes that the integration of Maqashid Syariah into legislative processes, as demonstrated by this law, supports the development of regulations that are comprehensive, inclusive, and beneficial to society. It also underscores the role of Islamic legal philosophy as a valuable standard for law-making aimed at achieving sustainable and widespread societal welfare.
Legal Force Certificate of The Right of Depedency in Destruction of The Object Guarantee Due to Natural Disasters: A Juridical Study Ferdiansyah Putra Manggala; Dyah Ochtorina Susanti
Rechtenstudent Vol. 6 No. 1 (2025): Rechtenstudent April 2025
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.v6i1.336

Abstract

Shelter is a fundamental human need, essential for safety, stability, and well-being. The right to adequate housing encompasses not only the physical structure but also the legal assurance of ownership and the ability to exercise rights over it. Today, fulfilling the need for housing has become increasingly difficult due to the high cost of land and the complexity of residential construction, which, although sometimes affordable, involves intricate legal and administrative procedures. For individuals or communities who already own land, it is imperative to ensure legal protection and certainty regarding their ownership. A Certificate of Ownership provides formal legal recognition and allows the holder to undertake legal actions related to the land, including using it as collateral. One such legal instrument is the Mortgage Rights Certificate, which holds executorial legal force and serves as strong evidence of a creditor’s legal claim. However, complications emerge when the object of collateral is destroyed by natural disasters. In such cases, the legal position of both the debtor and creditor becomes unclear, as current regulations do not address this issue explicitly. Neither the Basic Agrarian Law (Law No. 5 of 1960) nor the Mortgage Rights Law (Law No. 4 of 1996) provide clear provisions regarding the legal force of mortgage rights under such circumstances. Therefore, this study employs a normative juridical approach, using legal literature, statutory regulations, and scholarly analysis to examine the legal consequences of collateral destruction and to explore protective mechanisms for the affected parties.
Juridical Review for Buyers in Sale and Purchase Agreements Via E-Commerce when A Default Occurs Ricky Indoladeshi; Puguh Aji Hari Setiawan; Tarmudi Tarmudi
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.v5i2.337

Abstract

The issues discussed are regarding regulations regarding consumer protection in electronics transactions in Indonesia, legal protection for consumers who suffer losses in purchasing and selling transactions on line shopping sites, responsibility of shopping site managers for losses experienced by consumers when making purchase and selling transactions through on-line shopping sites. The data collection method is data from various reading sources, such as legislation, books, scientific journals, and the internet whose value is relevant to the problems discussed. Based on the research results obtained, it shows that regulations regarding consumer protection in electronics transactions in Indonesia can be properly accommodated by the Consumer Protection Law and the Information and Electronic Transactions Law which is realized through the protection of consumer personal data, conditions for the validity of e- commerce transactions, standard clauses, and regulations regarding e-commerce transactions objects.

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