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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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Legal Protection for Vehicle Owners in Cases of Default in Car Rental Agreements Rizky Perdana Bayu Putra
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.v6i1.367

Abstract

This study investigates the phenomenon of default in car rental agreements and its legal implications for vehicle owners. The research aims to analyze the various forms of default, identify the underlying factors, and evaluate the adequacy of legal protection mechanisms available to owners. Employing an empirical legal research method, the study draws on semi-structured interviews with car rental business owners, vehicle renters, legal practitioners, and law enforcement officers. The findings indicate that the most frequent types of default include delays in returning the vehicle, non-payment of rental fees, misuse of vehicles beyond contractual terms, and, in severe cases, fraudulent conduct resulting in the loss of vehicles. It was also revealed that rental business owners often depend on incomplete or informal agreements, thereby weakening their legal standing in dispute resolution. From a legal perspective, rental agreements are generally treated as civil matters, but circumstances involving fraud or embezzlement may shift the issue into the criminal domain. Law enforcement officers highlight the difficulties in distinguishing between civil default and criminal offenses, often resulting in prolonged legal processes. The study concludes that current legal protection for vehicle owners remains inadequate, both preventively and repressively. Preventive measures require the establishment of comprehensive written agreements with clear provisions regarding obligations, penalties, and dispute resolution mechanisms. Meanwhile, repressive measures necessitate improved coordination between civil and criminal law enforcement. Strengthening contractual clarity and enhancing legal awareness among both owners and renters are critical steps toward reducing default risks and promoting legal certainty in vehicle rental practices.
The Enforcement of Anti-Corruption Laws in Indonesia and Sierra Leone: A Socio-Legal Perspective Thomas Sheku Marah
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.v5i3.369

Abstract

Corruption stands as a major threat that affects governance systems, economic progress, and justice in both Indonesia and Sierra Leone. The anti-corruption legal frameworks, which include Law No. 31 of 1999 and the Sierra Leone Anti-Corruption Act of 2008 (amended in 2019), face major socio-legal Challenges during enforcement. The article utilizes a socio-legal methodology for comparing anti-corruption enforcement performance between Indonesia and Sierra Leone. The paper examines institutional mechanisms through the Indonesian Corruption Eradication Commission (KPK), together with the Sierra Leone Anti-Corruption Commission (ACC), to evaluate their achievements and constraints within their respective political and cultural environments. The research shows that political interference, weak institutions, and low public confidence exist in both countries, whereas enforcement bodies maintain different levels of independence and authority. The research establishes that institutional independence requires strengthening, public participation needs enhancement, and international cooperation should be promoted through a comparison of these two jurisdictions. The article advances knowledge about anti-corruption law enforcement dynamics while providing valuable policy insights for developing democracies which face corruption challenges including Indonesia and Sierra Leone.
Integration of Forest Management Policy and Environmental Law Enforcement in Efforts to Prevent Illegal Logging in Indonesia Ahmad Syahird; Samsul Arifin; Andi Firmansyah; Andi Muhammad Alqadri Syarif
Rechtenstudent Vol. 7 No. 1 (2026): Rechtenstudent April 2026
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.v7i1.373

Abstract

Law enforcement against illegal logging in various forest areas in Indonesia remains a persistent challenge in achieving sustainable forest governance. Although Indonesia has enacted Law No. 18 of 2013 concerning the Prevention and Eradication of Forest Destruction, prior studies largely focus on regulatory substance and criminalization, while limited attention has been given to the structural effectiveness of its enforcement mechanisms. This study aims to analyze the effectiveness of environmental law enforcement in preventing illegal logging and to identify the institutional and normative gaps that hinder its implementation. This research employs normative juridical legal research with a statutory, conceptual, and case approach. The analysis is based on legislation, court decisions related to illegal logging, and relevant scholarly literature to evaluate the coherence between regulatory design and enforcement practice. The findings indicate that despite a relatively comprehensive legal framework, enforcement remains suboptimal due to fragmented inter-agency coordination, limited institutional capacity, and systemic corruption risks within forestry governance. Moreover, the existing regulatory framework has not been fully supported by integrated monitoring and accountability mechanisms. This study contributes to the discourse on environmental law enforcement by proposing the strengthening of cross-sectoral supervision, institutional integration, and community-based monitoring as key reform directions for improving the effectiveness of illegal logging prevention in Indonesia.
Legal Certainty in the Criminalization of Directors Misusing Corporate Social Responsibility (CSR) Funds Ade Irma Suryani; I Gede Widhiana Suarda; Y. A Triana Ohoiwutun
Rechtenstudent Vol. 6 No. 3 (2025): Rechtenstudent December 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.v6i3.374

Abstract

Corporate Social Responsibility (CSR) is a legal obligation for companies as regulated in Article 74 of Law No. 40 of 2007 concerning Limited Liability Companies (PT Law). However, in practice, misuse of CSR funds remains common in both private companies and State-Owned Enterprises (BUMN), creating adverse impacts on society and the government. This study aims to examine the legal framework governing the criminal liability of directors for the misuse of CSR funds within the Indonesian criminal law system and to analyze the application of the principle of legal certainty. Using a normative juridical method with statutory, conceptual, and case approaches, the study finds that directors may be held criminally liable under Article 488 of the Criminal Code when CSR funds are misused in private companies, while similar acts in BUMN may be categorized as corruption under Articles 2 and 3 of the Corruption Law. Nonetheless, ambiguity within Article 74 of the PT Law continues to generate multiple interpretations, potentially hindering legal enforcement and conflicting with the principles of legality and legal certainty. Therefore, a specific regulation (lex specialis) addressing directors’ criminal liability in CSR fund management is required to enhance legal certainty and strengthen accountable and transparent corporate governance.
Examining Disparities in Religious Court Decisions on Voluntary Itsbat Nikah and Underage Siri Marriages Hadi Nur Ikhwan; Y. A Triana Ohowaitun; Dominikus Rato
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.v5i2.377

Abstract

This study examines two Religious Court decisions in Indonesia, Case Number 9/Pdt.P/2025/Pa.Ngr and Case Number 23/Pdt.P/2025/Pa.Klp, both concerning applications for marriage validation (itsbat nikah). The two cases share similar characteristics because the marriages were unregistered and the wife was underage at the time of marriage. Although both cases were decided by a single judge, their rulings and legal considerations differ, offering insight into judicial discretion and legal interpretation in voluntary cases. This research uses a normative juridical approach focusing on the analysis of Indonesian positive law, including legislation, judicial decisions, and literature. The study aims to identify the legal basis, reasoning, and implications behind the different judicial outcomes. Findings show that in cases of unregistered marriages, judges may either grant or reject marriage validation requests depending on their interpretation of legal norms and the specific circumstances. These differences may create legal uncertainty and disadvantage parties seeking recognition of their marital status. Therefore, it is important for individuals to comply with the legal marriage age requirement of 19 years to ensure the legality and protection of their marital rights under Indonesian law.
International Migration and State Sovereignty: Reconciling Human Rights Obligations with Border Control Kudakwashe Zhou; Thomas Sheku Marah
Rechtenstudent Vol. 6 No. 3 (2025): Rechtenstudent December 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.v6i3.379

Abstract

The movement of people across borders has become one of the most contested issues in contemporary international law, as the sovereign prerogative of states to regulate entry, exit, and residence increasingly collides with obligations arising from international human rights and refugee law. Global migration flows driven by armed conflict, poverty, environmental degradation, and political instability have intensified this tension, placing states under pressure to manage borders while upholding the dignity and fundamental rights of migrants. This study examines the legal and political challenges that emerge when states attempt to balance border control with international human rights commitments, with particular focus on asylum seekers, refugees, and irregular migrants. It analyzes the evolving interpretation of two core international instruments the 1951 Refugee Convention and the International Covenant on Civil and Political Rights alongside relevant regional frameworks, drawing on the jurisprudence of international courts and treaty bodies. The research further explores the interaction between domestic legal systems and international treaty obligations in shaping migration governance. Key areas of legal controversy, including the principle of non-refoulement, offshore processing, and the externalization of border controls, are critically assessed. Ultimately, this study seeks to contribute to the development of legal frameworks capable of reconciling state sovereignty with the protection of migrant rights in an increasingly fragmented yet interconnected global order.
Trends in Juvenile Crime: Assessing the Justice System and the Shift Toward Restorative Solutions Fella Rezza Silviana; Nabila Luthvita Rahma
Rechtenstudent Vol. 6 No. 3 (2025): Rechtenstudent December 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.v6i3.384

Abstract

Diversion is an out-of-court solution for children in conflict with the law, or children as perpetrators of crimes. The increasing number of crimes committed by children has become an evaluation of the diversion system currently used in the juvenile criminal justice system as stipulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. This study aims to evaluate and provide solutions for the juvenile criminal justice system by combining restorative justice and integral policies. This study is library research with primary legal materials in the form of the SPPA Law, the Criminal Code, and secondary legal materials in the form of scientific articles, books, and news related to the research topic. Data were analyzed using statutory, case, and conceptual approaches, and using grammatical legal interpretation. The results of the study indicate that the evaluation of the diversion system includes a lack of adequate resources, a lack of training and awareness of law enforcement officers, especially regarding child psychology, delays in the judicial process, and the existence of social stigma that influences victims' reluctance to report to the authorities. Recommendations for improving the diversion system need to be implemented through penal mediation between victims and perpetrators through a restorative justice approach, as well as integral efforts starting from the role of the family, school, and the environment.
Analysis of Law Enforcement Components in Human Trafficking Cases in Indonesia Noor Rahmad; Annisa Dwi Rahma Septiani
Rechtenstudent Vol. 7 No. 1 (2026): Rechtenstudent April 2026
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.v7i1.386

Abstract

This study aims to analyze how factors in law enforcement are applied in handling cases of human trafficking in Indonesia. Human trafficking is a highly complex criminal act, as it involves networks that spread across various regions and parties. This makes the effectiveness of law enforcement very important. This study uses a normative-empirical legal method with an approach in the form of a review of legislation and case studies. The data used was obtained through analysis of legal regulations, court decisions, and reports from institutions such as the Ministry of Women's Empowerment and Child Protection, the Indonesian National Police, and the Indonesian Migrant Workers Protection Agency. The results of the study show that the enforcement of laws against TPPO has not been optimal due to several factors, such as lack of coordination and integrity among law enforcement officials, limited facilities and infrastructure to support investigations, low public awareness of the law, and cultural and social factors that still look down on the role of women and migrant workers. Problems such as corruption, inadequate protection of victims, and a lack of training for officials also exacerbate this situation. The study concludes that effective law enforcement against TPPO can only be achieved through cooperation between legal factors, increased professionalism among officials, and increased institutional and social support for victims.
The Role of Land Registration in Spatial Planning: A Comparative Study of Indonesia and USA Brian Mochamad Fahmi; Handar Subhandi Bakhtiar
Rechtenstudent Vol. 6 No. 3 (2025): Rechtenstudent December 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.v6i3.390

Abstract

The government holds the obligation to ensure legal certainty over land ownership, control, and utilization through a structured land registration system. The state bears the interest in regulating the relationship between land rights and spatial planning as the foundation for sustainable land use control. This research examines the relationship between the land registration system and spatial planning policies in the practice of land administration in Indonesia and the United States. This study also analyzes the effectiveness of the land registration system as an instrument to support the implementation of spatial planning. The method used in this research is normative juridical, based on legal literature, statutory regulations, and comparative law approaches. The results show that the land registration system in Indonesia remains declarative and has not been substantially integrated with the spatial planning system. The Indonesian government has not yet established a technical mechanism to functionally align land data with spatial plans. The United States government has developed institutional integration between land registration and zoning regulations. The legal system in the United States demonstrates a higher degree of effectiveness in using land registration as a tool to control land use. The Indonesian government needs to strengthen its legal and institutional framework to enable land registration to function as a legal instrument for efficient and sustainable spatial planning.
The Paradigm Shift in Law Enforcement in State-Owned Enterprises: An Analysis of the Restrictions on the Role of KPK Pujiwati Wiantin; Gautama Budi Arundhati; Al Khanif
Rechtenstudent Vol. 6 No. 3 (2025): Rechtenstudent December 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.v6i3.391

Abstract

This study is motivated by the dual role of State-Owned Enterprises (BUMN) as business actors and agents of national development, which makes them vulnerable to governance issues, including corruption and abuse of authority. The supervision by the Corruption Eradication Commission (KPK), which has been crucial, becomes limited after the removal of the status of state administrators for SOE officials based on Law No. 1 of 2025. This creates new challenges in maintaining SOE accountability, thus requiring strengthening of supervisory mechanisms through civil law and the application of Good Corporate Governance principles. This study uses a normative legal approach with doctrinal legal research, focusing on normative-conceptual analysis of the paradigm shift in law enforcement in State-Owned Enterprises (BUMN), particularly the limitation of the Corruption Eradication Commission’s (KPK) authority from a civil law perspective. The research method combines three approaches: the statutory approach to review relevant regulations, the conceptual approach to explore applicable legal principles and theories, and the case approach to analyze court decisions related to law enforcement against SOE officials.

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