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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 232 Documents
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Legal Certainty of Criminal Responsibility for Artificial Intelligence Scam through Electronic Communications in Indonesia Nabila Fajrin; Ade Irma Suryani; Dominikus Rato; Y. A Triana Ohoiwutun
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.v7i2.413

Abstract

The development of Artificial Intelligence (AI) technology has achieved significant progress across various sectors but has also created new challenges in the field of law, particularly regarding the emergence of new methods of fraud (scam) through electronic communication. AI-based scams, such as the use of deepfake technology to mimic the faces and voices of public figures, have opened opportunities for technological misuse that harms society. This study aims to analyze Indonesia’s legal regulations concerning AI-based scam offenses conducted through electronic communication and to examine the legal certainty in determining the criminal liability of perpetrators. This research employs a normative juridical method with statutory and conceptual approaches. The findings indicate that the regulation of such crimes is already established in the Criminal Code (KUHP), the Electronic Information and Transactions Law (UU ITE), and the Personal Data Protection Law (UU PDP). Article 492 of the KUHP remains relevant since the elements of fraud are fulfilled even when committed digitally, while Articles 28 and 35 of the UU ITE regulate the dissemination of false information and electronic data manipulation, and Articles 65–68 of the UU PDP provide protection for victims’ personal data. Based on the legal principle of geen straf zonder schuld (“no punishment without fault”), the use of AI does not eliminate human culpability, as AI merely serves as a tool controlled by the perpetrator. Therefore, Indonesian law has provided a clear foundation of legal certainty in determining criminal liability for perpetrators of AI-based scams conducted through electronic communication.
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.
A Maqasid al-Shariah Evaluation of the Death Penalty for Child Sexual Crimes Alon Maemanah; Ainul Azizah; Moh. Ali
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.v7i2.425

Abstract

Sexual violence, particularly sexual intercourse with children, is a serious crime that causes deep trauma, material and immaterial losses, and threatens the victim’s future. In 2024, Indonesia recorded 8,674 cases. Children, as the weaker party, often become targets, so perpetrators are frequently given severe punishments, including the death penalty. In Islamic law, sexual intercourse with children is equated with the crime of hirabah because it forcibly violates a child’s honor; therefore, harsh punishment, including death, is considered consistent with maqashid shariah in protecting religion, life, intellect, lineage, and property. This study examines the urgency of the death penalty for perpetrators of sexual intercourse with children, the characteristics of this crime, and the future concept of capital punishment within the framework of maqashid shariah. Using a normative juridical method with statutory, conceptual, case, and comparative approaches, the study finds that such acts violate the protection of life, intellect, and lineage, and therefore the death penalty is considered legitimate as protection, prevention, and public benefit, in line with Indonesian law and as a deterrent to this extraordinary crime.
Legal Characteristics of Patents as Collateral Assets in Banking Transactions Habibah Rizqo; Dyah Ochtorina Susanti; Ainul Azizah
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.v7i2.426

Abstract

Patents as part of intellectual property possess economic value that can potentially be utilized as collateral in banking financing. The development of Indonesian positive law has normatively recognized patents as fiduciary collateral, particularly following amendments to patent legislation and the enactment of creative economy regulations. Nevertheless, in banking practice, patents have not yet been fully accepted as loan collateral due to various juridical and technical constraints. This article aims to analyze the legal characteristics of patents as objects of fiduciary security, examine their regulation based on the principle of legal certainty, and propose future regulatory directions to enable the effective operationalization of patents as loan collateral. This research employs normative legal research methods using statutory and conceptual approaches. The findings indicate that although patents normatively qualify as fiduciary collateral, the absence of valuation standards, execution mechanisms, and integrated registration systems results in insufficient legal certainty. Therefore, comprehensive implementing regulations and an integrated legal framework are required to optimize patents as banking collateral instruments.
The Legal Legitimacy of the East Java Indonesian Ulema Council (MUI) Fatwas on COVID-19 in the Regulation of Religious Practices During the COVID-19 Pandemic Muhammad Noor Harisudin; Rohmad Agus Solihin
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.v4i3.443

Abstract

The COVID-19 pandemic has brought about significant social changes that have affected the religious practices of Muslims, particularly in the implementation of worship involving direct interaction within the community. This situation prompted the Indonesian Ulema Council (Majelis Ulama Indonesia/MUI) of East Java Province to issue a series of fatwas as guidelines for Muslims in carrying out religious activities during the pandemic, while maintaining a balance between adherence to Islamic law and the protection of public health. This study aims to analyze the fatwas issued by the East Java Provincial MUI concerning the COVID-19 pandemic and to examine the legal reasoning (istinbāṭ al-aḥkām) employed in formulating these fatwas. This research adopts a qualitative approach using a descriptive qualitative method, with data collected from fatwa documents, relevant academic literature, and applicable legal regulations. The findings reveal that the East Java Provincial MUI issued five major fatwas concerning the use of the AstraZeneca vaccine, COVID-19 testing during fasting, face-to-face learning, the implementation of Friday prayers in two consecutive sessions, and the management of Muslim bodies infected with COVID-19. The fatwas were formulated through both the qauli and manhaji approaches by taking into account the principles of maslahah mursalah, maqāṣid al-sharī‘ah, and prevailing social conditions. These fatwas emphasize the protection of human life (ḥifẓ al-nafs), the prevention of harm, and the realization of public welfare. Consequently, they provide adaptive, contextual, and responsive religious legal guidance in addressing the global health crisis while reinforcing the role of fatwas as instruments of Islamic law in responding to contemporary legal issues.
Abu Hanifah’s Legal Reasoning on Liwath: A Reflection on LGBT in Indonesia Muhammad Sabilal Alif; Abdul Wahab
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.v5i2.122

Abstract

This research explores Imam Abu Hanifah’s legal perspective on liwath (homosexual acts) and assesses its relevance to contemporary LGBT issues in Indonesia. Islam, as a religion of rahmatan lil alamin, clearly prohibits all forms of sexual deviation, with liwath being unanimously declared haram by Islamic scholars. However, there is ikhtilaf (difference of opinion) among scholars regarding the appropriate level of uqubah (punishment) for such acts. Imam Abu Hanifah holds that both the perpetrator and the recipient of liwath should be subjected to ta'zir punishment a discretionary penalty determined by the state or ruling authority rather than the fixed hudud penalties applied to zina (fornication). The study has two main objectives: (1) to explore Imam Abu Hanifah’s opinion and legal method (istinbath) in determining the punishment for liwath; and (2) to examine the relevance of this opinion to Indonesia’s context, especially in light of LGBT rights. Using a normative juridical approach through library research, the study finds that Imam Abu Hanifah based his opinion on hadith and reasoned legal interpretation, avoiding qiyas (analogy) with zina due to fundamental differences in the acts. The thesis concludes that while Imam Abu Hanifah’s views are consistent within the framework of Islamic jurisprudence, their application in Indonesia today is limited. This is due to Indonesia’s identity as a nation-state rather than a religious state, and its constitutional commitment to human rights, including protection for LGBT individuals. Thus, direct implementation of classical ta'zir sanctions would conflict with modern legal and human rights standards.
Integration of Employment Law Regulations in the Omnibus Law: Impact on Workers' Rights and Obligations Vais Vais; Nanda Agustin; Dini Eka Wardhani; Zahidatun Muti’ah Almina; Badrut Tamam
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.v5i2.248

Abstract

Related to Omnibuslaw currently has been established to be part of the Law, but there are some issues that cause overlap and inconsistency with workers. As well as the existence of the work creation law gives more freedom to entrepreneurs than to workers or workers, one of them is like giving hours of work and giving wages that are only unilaterally discontinued without a joint agreement. This is the problem that is considered serious because so many workers complain about the problem. Therefore, with the existence of the application of omnibuslaw to the law of creation of work to correct the imbalance that has occurred to entrepreneurs and workers. As with the establishment of government regulations replacing the Law No. 2 of 2022 on job creation, these new regulations were enforced with the aim of further maximizing and improving the welfare of workers or entrepreneurs based on Pancasila. Even with the implementation of omnibuslaw to improve the existing employment system in Indonesia.
The Urgency of Wage Regulation for Gig Economy Workers in Indonesia Encik Lukmanul Hakim
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.v6i1.284

Abstract

The advancement of digital technology has driven the emergence of a new work model known as the gig economy, particularly in Indonesia, characterized by the increasing number of freelance workers based on digital platforms. Despite offering flexibility, gig workers face serious challenges related to legal protection and fulfillment of labor rights, such as the lack of recognition of formal employment status and uncertainty of wage guarantees. This study examines the legal protection for gig workers from the perspective of labor law in Indonesia, comparing national regulations and practices in countries such as the United Kingdom and the Netherlands. The findings show that Indonesian regulations are inadequate to ensure fair protection for gig workers, thus policies regulating employment status, minimum wages, and inclusive social security are needed. Proper enforcement of legal protection is expected to create a fair and sustainable work ecosystem in the digital economy era.
NFTs and Intellectual Property: Addressing Legal Certainty for Consumer Protection Alif Ardiansyah; Nuzulia Kumala Sari
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.v5i2.305

Abstract

This paper aims to provide a view regarding NFT transactions in the future to provide legal certainty, especially for IPR by using normative research methods along with supporting theories to find that in fact NFT transactions in Indonesia are far from legal because they do not meet the rules of NFT transactions where PTSE regulations, especially NFT transactions, do not provide legal guarantees to their owners, one of which is the chain of suppliers, namely Opensea, which is not yet optimal, so there is a need for regulations or crypto exchanges, especially NFTs, which not only provide certainty but the crypto market in Indonesia does not experience scams because in terms of analysis NFTs can be categorized as inherity distinctives or as signs that inherently have distinguishing power, immediately if they get protection through use, because some parties often cheat by taking screenshots, but for parties who make legitimate transactions, they have a differentiating way of gaining access to increasing the digitalization of works has reduced the potential value of copyright scarcity, which has become a significant problem in copyright disputes.
TRIP’S Agreement in Legal Protection of Intellectual Property Rights in Indonesia Bayu Abdillah
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.v5i2.306

Abstract

Before Indonesia ratified the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), the national legal system had recognized regulations regarding Intellectual Property Rights (IPR) inherited from the Dutch East Indies colonial era. During that period, the applicable regulations still referred to the Dutch legal system enforced in the colonial territories, including Indonesia. The scope of IPR protection at that time was limited to three main aspects, namely copyright, trademarks and industry, and patents. However, the ratification of the TRIPS Agreement by Indonesia was an important milestone in the transformation of national IPR law. Since then, there has been a significant expansion in the scope, definition, and protection system for various forms of intellectual property. This regulatory update reflects Indonesia's commitment to aligning its legal system with international standards, while strengthening its position in the global trade order. This study aims to analyze the influence of the TRIPS Agreement on the development of IPR legislation in Indonesia, and to assess the extent to which its implementation provides certainty and legal protection for rights owners. Through a normative approach with historical analysis and comparative law, this study emphasizes the importance of harmonizing national law with international instruments in order to support a fair and sustainable investment and trade climate.

Page 19 of 24 | Total Record : 232

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