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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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Assessing the Impact of Cultural Integration on the Indonesian Legal System from Multicultural Perspective Andika Ronggo Gumuruh; Moh. Farhan
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.v6i3.392

Abstract

Legal analysis in the context of multiculturalism in Indonesia is essential to understand how cultural diversity influences and shapes the national legal system. Indonesia’s rich plurality of ethnicities, traditions, and belief systems presents both opportunities and challenges in harmonizing state law with local values. The development of legal pluralism demonstrates that Indonesian law is not solely built upon positive law, but is also influenced by social norms and cultural practices embedded within society. This condition highlights the importance of examining how law can function as a tool of integration in a multicultural environment while simultaneously ensuring the protection of individual rights. One of the key challenges in legal compliance arises from deeply rooted cultural patterns, particularly patriarchal norms that continue to affect legal interpretation and implementation. Using a library research method combined with normative legal analysis, this study draws upon statutory regulations, official legal documents, and academic literature to explore the relationship between multiculturalism and the legal system. The study concludes that, first, cultural integration significantly affects the Indonesian legal system, contributing both positive developments and complex challenges. Second, the main difficulty lies in balancing cultural autonomy with adherence to universal national legal principles. Third, the Indonesian legal system has progressively adapted to accommodate multicultural realities, although continuous refinement remains necessary.
The Politics Behind Omnibus Legislation: Flexibility and Power in Indonesia’s Lawmaking Process Torik Abdul Aziz Wibowo
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.v6i3.393

Abstract

The adoption of the omnibus method as a legislative strategy to address regulatory complexity in Indonesia has sparked considerable debate, given that it constitutes an entirely new approach within the country’s legal framework. This article seeks to examine two key dimensions. First, the political configuration underpinning the enactment of Law No. 11 of 2020 on Job Creation; and second, the subsequent incorporation of the omnibus method into Law No. 13 of 2022 on the Formation of Legislation, alongside the role of the Constitutional Court in adjudicating its constitutionality through judicial review. Methodologically, the analysis employs both historical and conceptual perspectives. The findings reveal, first, that an elitist political configuration significantly shaped the adoption of the omnibus method in the Job Creation Law. The asymmetrical composition of parliament, marked by the dominance of pro-government coalitions, enabled a highly flexible regulatory framework for its implementation. Second, the Constitutional Court, through its ruling, failed to provide clear constitutional guidance on the legitimacy of the omnibus method, thereby allowing the legislature and the president to amend the Job Creation Law via a Government Regulation in Lieu of Law (Perpu) a mechanism that effectively bypassed the constitutional mandate set forth in the Court’s own decision.
Restorative Justice-Based Law Enforcement of Corruption by Village Officials: A State Loss Returns Perspective I Made Bagus; Kiki Kristanto; Claudia Yuni Pramita
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.v6i3.394

Abstract

The increase in Village Fund allocation since 2015 aims to accelerate development and empower rural communities. However, this has also triggered rampant corruption by village officials, which has had a serious impact on state financial losses and hampered development. To date, the law enforcement approach used has been retributive, focusing on criminalizing perpetrators without providing optimal solutions for recovering state losses. This study aims to examine the relevance of implementing restorative justice as an alternative law enforcement approach to corruption by village officials, with a focus on actually recovering state losses. The research method used is normative juridical with a statutory and conceptual approach, and examines the principles of restorative justice and the theory of economic analysis of law. The results of the discussion indicate that the implementation of restorative justice can be a more responsive legal strategy to the need for recovery of state losses, as long as it is carried out within the corridors of positive law, transparency, and community participation.
Shaping Green Investment Pathways to Accelerate Sustainable Development Goals (SDGs) Achievement in Indonesia Nurul Hasanah; Moh. Bahrul Ulum; Firman Floranta Adonara; Khoidin Khoidin
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.v7i1.412

Abstract

The transformation toward sustainable development requires the renewal of the investment law system so that it aligns with environmental, social, and economic principles as mandated in the Sustainable Development Goals (SDGs). This study analyzes the direction of green investment law formation in Indonesia through three main focuses: the existing regulatory framework, juridical barriers in its implementation, and the ideal normative model to strengthen the legal resilience of sustainable investment. The results show that green investment regulations remain sectoral and fragmented across various laws, such as the Investment Law, the Environmental Protection Law, and technical policies like the OJK Green Taxonomy. This fragmentation creates legal uncertainty, overlapping authorities, and gaps between technocratic policies and formal legal norms. These obstacles are exacerbated by weak institutional coordination, the absence of a legal definition of green investment, and the lack of binding incentive and supervision mechanisms. This study recommends the establishment of a lex specialis on green investment, strengthening the legal status of the Green Taxonomy, creating an integrated green licensing system, and reinforcing ecological protection obligations as a mechanism for intergenerational justice. Therefore, the formation of a comprehensive and integrated green investment legal framework is necessary to create legal certainty, enhance the attractiveness of sustainable investment, and strengthen Indonesia’s commitment to achieving the SDGs.
Legal Legitimacy and Effectiveness of the KMPMDP Program in Preventing Maladministration Through Policy Cycle Roshe Adeltha Hendri; Jatmiko Yogopriyatno; Nursanty Nursanty
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.v7i1.414

Abstract

This study analyzes the implementation of the Community Group Concerned with Maladministration (KMPMDP) program conducted by the Ombudsman of the Republic of Indonesia Bengkulu Representative using Jann and Wegrich's (2007) Policy Cycle Theory integrated with Administrative Law perspectives. The KMPMDP program represents a strategic innovation in public service oversight based on community participation that implements principles of administrative democratization and governmental accountability. Using a qualitative approach with an interpretive paradigm, this research examines how the program is implemented through five policy cycle stages while considering dimensions of legality, legitimacy, and general principles of good governance (AUPB). Data were collected through in-depth interviews with key actors, participatory observation of program activities, and documentary studies. Findings reveal that the KMPMDP program has a strong legal foundation based on Law No. 37/2008 on the Ombudsman RI and fulfills administrative law principles at each policy cycle stage. However, implementation faces technical constraints, particularly in edu-visit coordination, impacting effectiveness and efficiency as part of AUPB. The study shows a gap between formal rechtmatigheid (legal validity) and substantive doelmatigheid (effectiveness), with only 50% of planned edu-visits executed. This research contributes theoretically to participatory policy implementation studies from an administrative law perspective and provides practical recommendations for optimizing legitimate and accountable community-based oversight programs.
Dynamics of Islamic Legal Ijtihad Toward the Unification of the Global Hijri Calendar Taufiqurrahman Kurniawan; Lutfiyatun Nikmah
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.v5i2.416

Abstract

Efforts to realize a globally applicable calendar to unite Muslims in the world have been carried out for a long time. This is done so that there is no longer a difference for Muslims in starting the beginning of the month, thus minimizing conflicts that occur among Muslims.The idea of these efforts not only reaches unification locally, but also internationally. One example of efforts to realize the global Islamic calendar is two calendar system concepts, namely the local hijri calendar with a single global hijri calendar. In this regard, Muslims differ in their views in response to the idea of the concept of unification. using theoretical studies from library research materials including astronomical theories and the results of the thoughts of astronomers or Falak, the decision of the world isbath trial. From the results of this study, it can be concluded that efforts to realize an established Islamic calendar and unite the ummah. The new Indonesian Hisab Rukyat criteria need to be proposed based on Indonesian rukyat data supported by international astronomical criteria based on consideration of the main confounding factors, namely the contrast of light around the sun and twilight light above the horizon. The unification of the Single Global Hijri calendar is needed with significance for reasons including, uniting the world community in the form of an Islamic calendar in terms of the schedule of worship times, so as to realize harmony with one another even in different containers and countries.
The Ombudsman of Indonesia’s Own-Initiative Investigations in State Administrative Law and Horizontal Accountability Riska Jenni Astriani; Jatmiko Yogopriyatno; Nursanty Nursanty
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.v7i1.419

Abstract

Own Initiative Investigation (IAPS) is a constitutional authority of Indonesia's Ombudsman based on Law No. 37/2008 as a proactive public service oversight mechanism. However, its implementation remains low, including in Ombudsman RI Bengkulu Representative which has only conducted 1 IAPS since 2025 despite a 7,1% increase in maladministration cases. This study analyzes IAPS practice from an administrative law perspective as a manifestation of proactive horizontal accountability based on Mark Bovens' theory. Descriptive qualitative research with juridical-empirical approach. Data collected through in-depth interviews with 6 key informants, observations, and legal documentation studies. Analysis uses Miles & Huberman model with Bovens' public accountability framework. IAPS practice in Bengkulu Representative meets formal legality criteria but faces operational constraints in fulfilling Bovens' effective accountability criteria, particularly: (1) Independence constrained by coordination with reported institutions; (2) Transparency limited to LHI publication; (3) Evidence credibility depends on investigator competence; (4) Recommendation consequences weak due to lack of binding sanctions. Juridically, IAPS has strong constitutional legitimacy but its effectiveness is hampered by absence of administrative sanctions for institutions failing to follow up recommendations. IAPS as proactive horizontal accountability instrument requires strengthening of derivative regulations providing stronger binding power to Ombudsman recommendations, including administrative sanctions for non-compliant institutions.
Optimization of Visa Services through Information Technology at the South Jakarta Immigration Office Based on Immigration Law Abigail Syaqiena Hadinagoro; Muhammad Imam Nasef
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.v7i1.421

Abstract

The use of information technology in visa services can provide convenience; however, it also gives rise to various problems, as experienced at the South Jakarta Immigration Office, including ineffective mechanisms, technical disruptions, and the potential for identity falsification. The research problems addressed in this study concern how information technology is used in visa services at the South Jakarta Immigration Office based on Law Number 63 of 2024 in conjunction with Law Number 6 of 2011, as well as the obstacles encountered in the use of information technology in visa services at the South Jakarta Immigration Office. This study employs a normative research method with a descriptive approach. Data were collected through literature studies and interviews and analyzed qualitatively. The results indicate that visa services at the South Jakarta Immigration Office have implemented information technology through an online-based e-visa system as regulated in Law Number 63 of 2024 in conjunction with Law Number 6 of 2011. All visa application processes are conducted digitally and in real time. The obstacles encountered include internal constraints, such as discrepancies in uploaded data, system validation failures, and technical disruptions, as well as external constraints, including the risk of cyberattacks, potential data breaches, and low levels of users’ digital literacy. These obstacles have been addressed through improvements in technological infrastructure, strengthening of digital security, and the provision of online guidelines to ensure the continuity of optimal services. The Government is expected to enhance continuous evaluation of the electronic visa system.
Economic Crisis and Hajj Registration Cancellation after Covid-19: A Socio-Legal Analysis of Rational Choice and Fiqh Priority in Jember Ahmadiono; Sofkhatin Khumaidah
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.v7i1.422

Abstract

The Covid-19 pandemic triggered a severe economic crisis that significantly affected the legal and social capacity of Indonesian Muslims to fulfill religious obligations, particularly the performance of hajj. In Jember Regency, a substantial number of registered hajj pilgrims cancelled their hajj registration by withdrawing the initial deposit due to economic hardship during and after the pandemic. This study aims to analyze the phenomenon of hajj registration cancellation from a socio-legal perspective by examining the rational considerations of pilgrims and their normative justification within Islamic law, particularly through rational choice theory and fiqh al-awlawiyyat (jurisprudence of priorities). This research employs a qualitative field approach with a phenomenological method. Data were collected through in-depth interviews, observation, and documentation involving pilgrims who cancelled their hajj registration as a result of pandemic-related economic disruption. The findings demonstrate that declining household income caused by the death of family breadwinners, disrupted business cash flow, and a sharp decrease in small-scale enterprise revenues constituted the primary factors behind hajj cancellation. Faced with urgent legal and moral obligations such as debt repayment, employee wages, and daily subsistence needs, pilgrims made rational decisions to prioritize immediate necessities over maintaining their hajj quota. From the perspective of Islamic law, this decision aligns with the principle of fiqh priority, which emphasizes the fulfillment of human rights and obligations before performing acts of worship related to the rights of God. This study contributes to socio-legal scholarship by illustrating how economic rationality, legal consciousness, and Islamic normative reasoning interact in shaping religious decision-making during times of crisis.
Positive Fictitious Lawsuits in the Digital Era: Challenges Executing Administrative Court Decisions in OSS Saan Saan; Tubagus Ahmad Ramadan
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.v7i1.424

Abstract

The introduction of the positive fictitious doctrine through Law Number 30 of 2014 concerning Government Administration is a significant effort to realize legal certainty for the public regarding the silence of bureaucratic authorities. However, the transformation of public services into the Online Single Submission (OSS) system after the Job Creation Law has created a new legal paradox. This study aims to analyze the legal implications of the OSS system on positive fictitious procedures and identify obstacles in executing Administrative Court (PTUN) decisions against algorithm-based systems. Using a normative legal research method with a statutory and conceptual approach, this study finds that the digitalization of bureaucracy tends to reduce official discretion, which is a core element in the Residue Theory. A crucial problem arises when PTUN decisions that have permanent legal force cannot be accommodated by the rigid and automated algorithms of the OSS system, thereby creating legal uncertainty. This study concludes the need for legal reconstruction through the synchronization of the Supreme Court's E-Court system with the OSS system, as well as updating procedural regulations to ensure the effectiveness of decision execution in the era of smart governance.

Page 17 of 17 | Total Record : 170

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