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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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Protecting Migrant Workers: The Legal Role of Village Governments Through Service Centers Sutrisno RS; Moh. Ali Syaifudin Zuhri
Rechtenstudent Vol. 5 No. 3 (2024): Rechtenstudent December 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.v5i3.354

Abstract

This study aims to analyze the role of village autonomy in providing protection for migrant workers through local policies based on community needs. Villages, as the smallest government entities, have the original authority to regulate and manage community interests based on local social and cultural conditions. Within the framework of decentralization as stipulated in Law Number 23 of 2014, villages have complete autonomy and are not delegated to the central government. However, the implementation of village autonomy faces structural challenges, particularly in the aspect of village finances, which are unbalanced between income and expenditure. This study highlights the Village Regulation policy on the Integrated Service Center for Migrant Worker Villages (Desbumi) as a form of local innovation in protecting migrant workers, especially female workers. Desbumi emerged from a collective awareness of the importance of village involvement from the early phases of labor migration. This study uses a descriptive qualitative approach with case studies of Desbumi implementing villages. The results show that this initiative increases the active role of villages in documentation, assistance, and advocacy for migrant workers. Collaboration between village governments, civil society organizations, and migrant worker communities is key to the policy's success in strengthening social protection functions at the village level.
Religious Pluralism and Legal Dimensions of Interfaith Living in Besuki Village Situbondo Ahmad Hoiri
Rechtenstudent Vol. 5 No. 3 (2024): Rechtenstudent December 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.v5i3.355

Abstract

This study examines the socio-religious harmony between Muslims, Christians, and Tionghoa in Besuki Village, Situbondo Regency. Despite their different religious, cultural, and ethnic backgrounds, the people of this village are able to build a harmonious and respectful life together. This harmony is realized through inclusive social interactions, tolerance, and the understanding and practice of religious teachings that uphold universal humanitarian and spiritual values. Factors supporting this harmony include an inclusive understanding of religion, religious teachings that emphasize peace, a sense of love for the homeland, and an attitude of tolerance between religious communities. However, challenges remain, such as conflicts over the establishment of houses of worship, interfaith marriages, and a weak understanding of diversity among the younger generation. This study shows that socio-religious harmony is not something that occurs naturally, but rather the result of joint efforts, collective awareness, and a commitment to living peacefully in diversity.
Legal Protection for Financial Technology Peer to Peer Lending Debtors Against Doxing Actions by Creditors Muhammad Fatoni Kurniawan; Fendi Setyawan; Dyah Ochtorina Susanti
Rechtenstudent Vol. 5 No. 3 (2024): Rechtenstudent December 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.v5i3.356

Abstract

Technological advancements have increased financial access through financial technology (fintech) services, particularly peer-to-peer (P2P) lending, yet these developments also present significant risks. Illegal online lenders (pinjol) often misuse personal data and employ intimidating debt collection practices, while large-scale data breaches, such as those involving BPJS Kesehatan, Tokopedia, and Kredit Plus where 890,000 customer records were allegedly leaked and sold highlight the urgent need for effective debtor protection. This research employs a normative juridical method using statutory, conceptual, and historical approaches to examine the legal framework for debtor protection against doxing practices. The findings show that legal protection is crucial to maintaining stability, security, and user trust in fintech services. Protection mechanisms are divided into internal measures, which regulate transparency, fair treatment, confidentiality, and risk management, and external measures provided by authorities through law enforcement, administrative sanctions, and dispute resolution. Despite the existence of the Personal Data Protection Law (PDP Law), the Information and Electronic Transactions Law (ITE Law), and Financial Services Authority (OJK) regulations, regulatory disharmony, weak supervision, and low public awareness hinder effective protection. Strengthening PDP Law enforcement and explicitly prohibiting doxing practices in OJK regulations are recommended.
Market Needs and Regulatory Impact on the Development of Islamic Economic Law: Strategic Quality Improvement Measures Freddy Hidayat; Martoyo Martoyo; Afrik Yunari; Syifa'ul Hisan
Rechtenstudent Vol. 5 No. 3 (2024): Rechtenstudent December 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.v5i3.357

Abstract

The development of Islamic economic law education is strongly influenced by market dynamics and regulatory frameworks, positioning law as an essential engineering tool for economic development. This paper examines how these factors shape the Islamic Economic Law program at UIN Kiai Haji Achmad Siddiq Jember, focusing on its role in producing legal experts capable of designing and supporting sharia-compliant economic systems. By integrating the socio-legal perspective, the study highlights how law operates not only as a normative framework but also as an instrument to engineer financial stability, facilitate Islamic market transactions, and foster innovation in sharia-based industries. Using international best practices in curriculum design, governance, and graduate competency development, the paper proposes strategic measures to elevate program quality toward superior accreditation standards. Recommendations include curriculum reform aligned with evolving financial technologies, faculty capacity-building, and industry collaboration, ensuring graduates are equipped to meet national and global demands in Islamic economic jurisprudence.
Legal Responsibilities of Educational Institutions in Ensuring Data Protection and Quality Learning in Digital Education Using Smartcampus Amrin Nurfieni; Dian Ferricha; Ahmad Gelora Mahardika
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.v6i1.358

Abstract

The digital transformation in education has driven the increased use of digital platforms across higher education institutions. The COVID-19 pandemic accelerated the adoption of technologies such as the Internet, big data, artificial intelligence (AI), and cloud computing in educational services, facilitating accessibility and innovation in learning. However, this development also presents significant challenges regarding the legal responsibilities of educational institutions, particularly in safeguarding personal data privacy and maintaining the quality of digital education. This study aims to identify and analyze the legal responsibilities of educational institutions in using digital platforms. A normative legal research method was applied to examine the applicable regulations, including Law No. 20 of 2003 on the National Education System, Law No. 11 of 2008 on Electronic Information and Transactions, and Law No. 27 of 2022 on Personal Data Protection. The findings reveal that educational institutions are legally obligated to ensure data privacy, uphold quality standards in education, and adhere to relevant regulations. The study recommends policies to enhance data security, develop quality content, and provide continuous training for educators to support legal compliance in digital-based learning.
Shifting Meaning of State Losses in BUMN Based on the Business Judgment Rule Principle Fona Kartika Listiyapuji; Dyah Ochtorina Susanti; Firman Floranta Adonara
Rechtenstudent Vol. 6 No. 2 (2025): Rechtenstudent August 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.v6i2.361

Abstract

State-owned enterprise faces complex business dynamics, including the risk of state losses due to managerial decisions. The Business Judgment Rule (BJR) principle serves as the basis for legal protection for the direction to make business decisions with professional freedom, as long as the decisions are made in good faith, with caution, and without conflict of interest. However, the application of this principle in Indonesia is still inconsistent, as seen from cases such as Pertamina and Merpati Nusantara Airlines which show heterogeneity in the assessment of the legal responsibility of directors. The focus of this study is: first, to find the meaning of state losses in the context of State-owned enterprise based on the BJR principle; and to formulate a concept so that the BJR doctrine is not misused. The study uses a normative juridical method (research law) with a doctrinal approach to examine changes in the meaning of state losses in State-owned enterprise based on the Business Judgement Rule.
Issuance of Environmental Approvals Based on the Precautionary Principle: A Legal Study Nuril Firdausiah; Iwan Rachmad Soetijono; Galuh Puspaningrum
Rechtenstudent Vol. 6 No. 2 (2025): Rechtenstudent August 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.v6i2.362

Abstract

On October 5 2020 the government and the people's representative council passed a new law, namely Law Number 11 of 2020 concerning Job Creation which raises pros and cons. These changes are based on simplifying licensing. Which changes the nomenclature of environmental permits to environmental approval. Permits are clearly a state administration decision as regulated in Law Number 30 of 2014 concerning Government Administration, whereas normative approval does not have an explicit meaning as a state administration decision. Furthermore, the change in norms is also accompanied by the elimination of the community's right to responsibility towards the government as the permit giver which was originally stipulated in Article 38 of Law Number 32 of 2009 concerning environmental protection and management. Environmental permit violations that occur do not have any impact on the business permit. The government only provides punishment in the form of a warning to violators.
Reformulating National Criminal Law for Protecting Child Victims of Cyberbullying Crimes Iwan Fahmi; Fanny Tanuwijaya
Rechtenstudent Vol. 6 No. 2 (2025): Rechtenstudent August 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.v6i2.363

Abstract

The advancement of digital technology has led to the emergence of new types of crime, including cyberbullying, which often targets children as the most vulnerable victims. Indonesia currently lacks specific legal provisions that regulate cyberbullying as a criminal offense against children. This research aims to examine the effectiveness of existing legal protections and the urgency of reformulating a more specific criminal framework. Using a normative legal approach and comparative study with the Philippines and California (USA), the findings indicate the need for comprehensive legal reform in Indonesia to ensure better protection for children against digital violence. The study highlights how the absence of a clear definition and categorization of cyberbullying in Indonesian legislation creates legal uncertainty and hinders law enforcement. Meanwhile, experiences from the Philippines and California show that explicit regulations provide stronger preventive and punitive measures. Therefore, reformulating a progressive legal framework that integrates criminal, civil, and administrative approaches is urgently needed to address the complexity of cyberbullying and safeguard children’s rights in the digital era.
The Legal Dimension of Indigenous Communities Role in Climate Change Mitigation and Adaptation Irwan Kurniawan; Etis Cahyaning Putri
Rechtenstudent Vol. 5 No. 3 (2024): Rechtenstudent December 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.v5i3.364

Abstract

Indigenous peoples in Indonesia have a system of values and laws that have been attached to them for a long time. The existence of a system of values and laws that have bound indigenous peoples makes them a strong and empowered society. However, the existence of customary law communities is often placed in a position that is considered an obstacle to progress, even though the rights of customary law communities have been enshrined in the Indonesian constitution. As a group that still preserves the values that have always existed, climate change is also a challenge for indigenous peoples. This study focuses on the gap between constitutional norms and the practice of national climate policy and the state's role in responding to climate change. This research uses normative and socio-legal methods using conceptual, statutory, case and sociological approaches that provide space to read the structural and political dynamics behind the neglect of the role of indigenous peoples in climate policy. The absence of indigenous peoples in climate policy architecture reflects the state's failure to integrate the principles of ecological justice into the legal system and environmental governance.
The Executorial Nature of Fiduciary Guarantee Certificates as Equivalent to Final and Binding Court Decisions Ahmad Badawi; Nikmatul Keumala Nofa Yuwono
Rechtenstudent Vol. 5 No. 3 (2024): Rechtenstudent December 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.v5i3.365

Abstract

In the fiduciary guarantee certificate, the phrase “For the Sake of Justice Based on God Almighty” is included, which grants it the same executorial power as a court decision with permanent legal force, as regulated in Article 15 of Law Number 42 of 1999 on Fiduciary Guarantees. This study examines three main problems: first, the function of the principles of publicity and speciality in fiduciary guarantee registration; second, the legal force of the fiduciary guarantee certificate; and third, its position as the basis for execution of fiduciary guarantee objects. The research adopts a doctrinal method aimed at systematically explaining legal rules, analyzing interrelations among them, clarifying obscure aspects, and predicting future developments. The approach combines statutory, conceptual, and historical perspectives, employing both primary and secondary legal materials, alongside non-legal references, analyzed through a deductive-qualitative method. The principle of publicity functions to ensure accessibility in identifying fiduciary objects, while the principle of speciality provides legal certainty to fiduciary recipients. However, the fiduciary guarantee certificate is issued by the Ministry of Law, which does not possess the authority to grant executorial power. Therefore, from a theoretical standpoint, the fiduciary guarantee certificate should not equate to a court decision with permanent legal force but rather serve merely as proof of registration containing the statement “For the Sake of Justice Based on God Almighty.” This reveals a normative contradiction between statutory regulation and the practical interpretation of the certificate’s legal force”.

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