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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 232 Documents
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Human Rights Protection in Interfaith Marriages: Comparative Study of Indonesia and Singapore Muhammad Ihab Ramadhan; Safira Wijaya; Anggi Rachma Zakia Fitri; Ghea Tyagita Cahyasabrina; Bunga Cantika; Dwi Aryanti Ramadhani
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.v4i3.291

Abstract

This research aims to determine the registration of interfaith marriages in Indonesia and Singapore after the issuance of SEMA Number 2 of 2023 and the protection of human rights regarding the registration of interfaith marriages in Indonesia after the issuance of SEMA Number 2 of 2023. In Indonesia, marriage is regulated in Law Number 1 of 1974 and KHI , while in Singapore marriage is regulated in the AMLA and Women's Charters. This research uses normative legal research methods with the type of library research and uses a statutory approach and a comparative approach. The research results show that before the issuance of SEMA number 2 of 2023, the District Court can ratify applications for registering interfaith marriages. However, after the issuance of SEMA number 2, it was firmly stated that interfaith marriages may not be determined by any District Court. As for the protection of human rights for citizens regarding the registration of interfaith marriages in Indonesia after the issuance of SEMA Number 2, if it is related to human rights, Indonesia can be said to have limited the human rights of every citizen to have a family. This is different from Singapore, which facilitates interfaith marriages as regulated in the Women's Charter.
Comparative Study of the General Election Commission (KPU) in the United States and South Korea Sinta Alfi Rosyida; Basuki Kurniawan
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.v4i3.292

Abstract

According to Article 22 E of the 1945 Constitution of the Republic of Indonesia, Indonesia is a democratic country where the people hold the highest power with a representative system, namely general elections. General elections are one way for people to participate in politics. The type of research used is library research, where the research is centered in the library to obtain data without carrying out field research. So the data source is obtained using literature or regulations and norms related to the problem to be studied, namely in the form of books that examine the Position and Authority of the General Election Commission (KPU). The results of the research are 1) That the Juridical Study of the Position and Authority of the General Election Commission (KPU) in the perspective of the State Administration of the Republic of Indonesia is to realize the instrument of popular sovereignty, which aims to create a legitimate government and provide a way for the people to express their ambitions and interests. 2) That the comparison of the position and authority of the General Election Commission (KPU) in the United States and South Korea is that the United States has two general election commissions, namely the Electoral College and the Federal Election Commission (FEC).
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.
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.
The Juridical Perspective of Islamic Law on Football Player Transfer Transactions: The Case of Persid Jember FC Achmad Muthiurrohman; Moh. Bahrul Ulum; Y. A Triana Ohowaitun; Dominikus Rato
Rechtenstudent Vol. 7 No. 2 (2026): Rechtenstudent August 2026 (In Progress)
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.v7i2.371

Abstract

This research explores the legal aspects of football player transfer transactions in Indonesia, with a focus on Persid Jember. In practice, many transactions involving professional and semi-professional players lack clear contractual agreements, raising concerns about legal certainty. The study formulates two research questions: (1) How is the mechanism of player transfer conducted in Persid Jember? (2) How does Islamic law view the practice of player transfer at Persid Jember? The purposes of this study are to identify whether the mechanism of player transfers in Persid Jember aligns with valid contractual principles and to analyze the practice from the perspective of Islamic law. Using an empirical legal research method, data were collected through interviews, observations, and documentation. The findings show that Persid Jember recruits players through open selection and by signing players from other clubs whose contracts have expired. From the perspective of Islamic law, this practice is permissible because it follows the principles of ijarah (leasing contract), in which one party acts as the lessor (mu’ājir) and the other as the lessee (musta’jir). The validity of the transaction is reinforced by mutual consent and cooperation, fulfilling the essential elements of ijarah.
Legal Assessment of Default in Treaty Law from the Perspective of Contractual Freedom on the Protection of the Parties' Rights Dahris Siregar
Rechtenstudent Vol. 7 No. 2 (2026): Rechtenstudent August 2026 (In Progress)
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.v7i2.410

Abstract

The concept of contract freedom is one of the cornerstones of treaty law, which has its roots in economic liberalism. Analyzing the connection between default and the freedom of contract concept in Indonesian treaty law is the goal of this study. As long as the agreement does not violate the law, public order, or decency, the parties are free to form agreements that serve their interests under the freedom of contract concept. But in reality, defaults often lead to disagreements and issues with the parties' rights being protected. This research examines how default is seen in the context of contract freedom and the degree to which the law offers the parties assurance and fairness using a normative juridical technique with a conceptual and legislative approach. The study's results demonstrate that while the principle of freedom of contract affords considerable latitude to contracting parties in establishing the terms of their agreements, predicated on the principle of pacta sunt servanda, these freedoms are nevertheless circumscribed by considerations of public policy, morality, and legal stipulations designed to preclude exploitation and inequity. The study's findings indicate that the principle of freedom of contract is not unqualified, but rather is circumscribed by legal standards governing the legal ramifications of breach of contract. Therefore, the safeguarding of the parties' rights must be appropriately balanced to prevent the misuse of the principle of freedom of contract, while still ensuring the fulfillment of the agreement's intended purpose.

Page 18 of 24 | Total Record : 232

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