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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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Implementasi Wakaf Produktif Masjid Roudhotul Muchlisin Jember Perspektif KHI dan UU No. 41 Tahun 2004 Ridho Syahbibi; Muhammad Faisol
Rechtenstudent Vol. 1 No. 2 (2020): Rechtenstudent August 2020
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.v1i2.19

Abstract

The implementation of productive waqf for the Roudhotul Muchlisin Mosque, Kaliwates District, Jember Regency is a very important thing to do, because the mosque, which was built on this waqf land, is now a new religious tourism icon in Jember Regency. With typical Middle Eastern architecture and in recent years, it has experienced significant developments in the physical construction of mosques, public facilities, and a food corner. This research uses a qualitative approach with descriptive research type. The research data were collected using three techniques, namely: observation, in-depth interviews, and documentation. The management of the mosque's waqf uses the idarah system which means governance in regulating and managing the mosque. As for what is regulated in the Idarah system, among others: management, finance, and administration or secretarial. The implementation of productive waqf for the Roudhotul Muchlisin Mosque is following the Compilation of Islamic Law and Law Number 41 of 2004 concerning Waqf. Because it has developed TPQ Education, the establishment and development of a food corner to empower the economy of the people. The takmir of the Roudhotul Muchlisin Mosque, Kaliwates Subdistrict, Jember Regency, also plans to build a health clinic that aims to make the congregation's and the surrounding community's access to health easier and more beneficial for the people.
Pemberlakuan Diversi terhadap Anak di Pengadilan Negeri Jember dalam Perspektif UUPA dan Fiqh Jinayah Aisyah Fitri Kholifah
Rechtenstudent Vol. 1 No. 2 (2020): Rechtenstudent August 2020
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.v1i2.20

Abstract

Children are an inseparable part of the sustainability of a nation and state. Therefore children need to receive protection from any social changes that significantly affect children's values, behavior, and development. Not infrequently, there are cases where a child commits a crime. The concept of restorative justice through diversion has a vital role in legal certainty and guarantee for children not only in the present but also in the future for the welfare of the child's life. This is in line with the Islamic Sharia, which views that small children do not have the ability to think perfectly in the actions they take. So in his motions, a small child cannot be punished like an adult who commits a crime or offense. Therefore, even in Islamic law, the perpetrators of child crimes also receive forgiveness with specified conditions and criteria. This research was conducted at the Jember District Court. Research shows that; The implementation of the application of the approach through the concept of restorative justice has been very effective in preventing bad possibilities that will happen to the child's future or psychological trauma to the child. However, this concept certainly still protects the interests and justice of victims. In the research on the implementation of the restorative justice concept that the writer did in the field, there were still several obstacles in terms of victim diversion agreement so that the case was continued to the criminal justice Criminal acts committed by children that can be resolved with diversion are criminal acts that carry a sentence of fewer than seven years and are not a repetition of the criminal act.
Implementasi Peraturan Daerah (Perda) Nomor 12 Tahun 2008 tentang Retribusi Parkir Kendaraan Kabupaten Jember terhadap Sistem Retribusi Parkir Berlangganan Musa Hidin; Abdul Jabar
Rechtenstudent Vol. 1 No. 2 (2020): Rechtenstudent August 2020
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.v1i2.22

Abstract

An implementation is a form seen after a policy is issued. Policy implementation emphasizes that change, act control, and compliance are important concepts in the implementation procedure. Whereas the process of establishing regional regulations regarding vehicle parking fees is not in accordance with legal usefulness, and the implementation of the Regional Regulation on Vehicle Parking Charges for the Regency of Jember which was stipulated and promulgated on October 22, 2008, turned out to be ineffective, the community should be able to benefit from this regulation by regulating a subscription parking system. However, the community is in fact disadvantaged by the double withdrawal when they want to use parking, there are many irregularities in the Perda on Vehicle Parking Charges, especially in the formation and application of Subscribed Parking Charges.
Studi Komparasi Penyebaran Berita Bohong (Hoax) Perspektif UU ITE dan Hukum Pidana Islam Rofiatul Maghfiroh; Raffid Abbas
Rechtenstudent Vol. 1 No. 2 (2020): Rechtenstudent August 2020
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.v1i2.23

Abstract

A large number of internet users in Indonesia and the high frequency of accessing information and news content on social media do not necessarily guarantee the maturity of their users. A lot of hoax content that is rife happened because of the absence of news selection. The purpose of this study was to determine the comparison of the sanctions for the perpetrators of spreading fake news on social media in Law Number 19 of 2016 concerning Information and Electronic Transactions and Islamic Criminal Law. The author uses a normative approach (statute approach) which is carried out with a statutory approach, a conceptual approach (conceptual approach), and an analytical approach (analytical approach). The spread of fake news (hoax) is prohibited in positive law and Islamic law. In positive law regulated in Law Number 19 of 2016, amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions are contained in Article 28 paragraph (1) and (2), 27 paragraph (3) and Article 45A paragraph (1 ) and (2) with the threat of a maximum imprisonment of 6 (six) years and / or a maximum fine of Rp. 1,000,000,000.00 (one billion). Meanwhile, in Islamic criminal law, the spread of fake news (hoax) is not allowed. Islam advises its followers to speak well and truthfully (shiddiq), not someone who is in a hurry to share news and not one who reverses the facts. In Islamic Criminal Law itself, the sanction given to perpetrators who spread fake news is Ta'zir.
Kesadaran Hukum Masyarakat Pemalang Terhadap Pilkada Serentak Tahun 2020 di Era Pandemi Covid-19 Imaro Sidqi
Rechtenstudent Vol. 1 No. 2 (2020): Rechtenstudent August 2020
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.v1i2.24

Abstract

This paper aims to seek or develop public legal awareness and efforts to develop the Pilkada in the Covid-19 Pandemi Era. The research method used in this paper uses juridical empirical, with a qualitative approach. The data technique uses observation, interviews, and literature studies. Data checking techniques used triangulation and analysis using interactive models. The results showed that the awareness of Pemalang Regency people in the middle to lower category was still low, while people with the middle to upper category had started to have knowledge and understanding of the simultaneous regional elections and their policies and how the considerations for choosing, exercising their rights and obligations, and procedures were in the era of the Covid-19 pandemi. In addition, the attitudes and behavior of the middle to upper class society have begun to be structured, reprimanding officers who underestimate their duties. The factors that influence the legal awareness of Pemalang Regency society, namely: education, economy, religion, and socio-cultural factors. Then, efforts to build their awareness through counseling and campaigns about simultaneous regional elections, especially during the Covid- 19 pandemic.
Analisis Yuridis Qanun Jinayat dalam Strukturisasi Hukum Pidana Nasional Erfin Dermawan Surbakti; Endang Agoestian
Rechtenstudent Vol. 1 No. 2 (2020): Rechtenstudent August 2020
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.v1i2.25

Abstract

The Nanggroe Aceh Darussalam is a city that is thick with Islamic law. It has a population of around 5,281,891 people, the majority of whom are Muslim. Particular regions that have special autonomy. Evidenced by the existence of Law No.4 of 1999 regarding the implementation of Special Autonomy for Aceh province. As regulated in 1999 to 2004, it has allowed local governments to issue (PERDA) regional regulations. The PERDA launched by the Aceh government is the Qanun Jinayah, but by issuing regional regulations, it must not conflict with existing laws or higher laws. The existence of this study aims to analyze the Qanun Jinayah in the structuring of criminal law. To know the presence, implementation, and reflection of the Qanun Jinayah. The method used is using a qualitative descriptive analysis approach with data collection techniques by triangulation. The results of this study confirm that the existence of Qanun Jinayah is recognized as a national parent. There is no conflict between the contents of the Qanun Jinayah and the National Criminal Law. The implementation carried out can provide output that Aceh has a new law. However, the existence of Qanun Jinayah cannot be separated from the reflection of society, which leads to a sociological, philosophical, and juridical foundation.
Perlindungan Hukum bagi Montir di Bengkel Fallen Motor Situbondo Perspektif Undang-Undang Ketenagakerjaan dan Hukum Islam Muhammad Najib Amrullah; Sutrisno RS
Rechtenstudent Vol. 1 No. 2 (2020): Rechtenstudent August 2020
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.v1i2.26

Abstract

Human life is inseparable from law, law has an important role in the effort to create conditions that enable humans to feel safe, peaceful, and their rights and existence are protected. Law Number 13 of 2003 concerning Manpower regulates legal protection for workers that must be fulfilled by employers as well as in Islamic law which also requires the fulfilment of rights to workers following what has been done. Likewise in the automotive business world, employers are obliged to protect their workers. However, the Fallen Motor Workshop in Besuki sub-district, Situbondo district, in the implementation of its business, neglects the rights of its workers a little. The purpose of this study is to determine the legal protection regulations for mechanics according to Law Number 13 of 2003 concerning Manpower and its implementation of legal protection for mechanics at the Fallen Motor Workshop, Besuki sub-district, Situbondo district according to the Manpower Act and Islamic Law. This research is a type of qualitative research using a case approach.  
Analisis Pembubaran Ormas Tanpa Proses Peradilan Pasca Penetapan UU No. 16 Tahun 2017 Tentang Ormas Nur Aji Pratama
Rechtenstudent Vol. 1 No. 2 (2020): Rechtenstudent August 2020
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.v1i2.27

Abstract

The background of the amendment to the Law on Community Organization was due to the inadequacy of regulations regarding the problems that existed at that time. Changes in the regulation of the dissolution of community organizations without due process of law which are replaced by the principle of contrario actus constitute a matter that needs to be reviewed on a constitutional basis in a state that declares a state of law (rechtstaat) and not a power state (machtstaat). The focus of the problems examined in this thesis are: 1) What is the background of the emergence of Law Number 16 of 2017 concerning Community Organizations? 2) What is the constitutionality of the authority to dissolve community organizations without a judicial process? The objectives of this study are: 1) Describe the background of the emergence of the Law on Community Organization and the critical analysis of researchers towards this Law. 2) Describe the analysis of the constitutionality of the authority to dissolve community organizations without a judicial process. To identify these problems, this study uses normative legal research which is a qualitative analysis using a statute approach, a conceptual approach, and a case approach. This research draws the following conclusions: 1) The old regulation is no longer adequate, so it demands an amendment to the Law. 2) The policy to dissolve the organization without a judicial process is an unconstitutional policy.   
Studi Komparatif Tindak Pidana Aborsi dalam Perspektif Hukum Positif dan Hukum Pidana Islam (Imam Madzhab) Moh. Faqih
Rechtenstudent Vol. 1 No. 2 (2020): Rechtenstudent August 2020
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.v1i2.28

Abstract

The rise of promiscuity and free sex is the reason for a large number of abortion perpetrators in Indonesia. In the enactment of the law stipulated in the Criminal Code (KUHP) regarding abortion, it is very clear that abortion is prohibited as well as from the perspective of Islamic law it is forbidden to abort the fetus unless there is a medical reason that an abortion must be performed. However, in the opinion of Madzhab, there is still a classification of permissibility before the blowing of the spirit and the scholars agree that it is haram to abort the fetus after blowing the spirit. The research approach used in this study is the Normative Juridical Research Method, namely the approach method used in this study is the normative juridical approach or doctrinal legal research, which is legal research that uses secondary data sources. The results of the research conducted by the author are to provide insight to readers so that they better understand the meaning of abortion and also the punishment of the perpetrators of the crime of abortion both in terms of positive law and Islamic criminal law. In finding the comparison of the punishment between positive law and Islamic criminal law lies in the age limit of the fetus that is in the content of the sanction based on Islamic criminal law, the punishment is to pay ghurrah or diyat Kamilah Dari before the blowing of the spirit or after the blowing of the spirit.
Studi Komparasi Pemikiran Elly Risman dan Konsep Perkawinan Islam dalam Pola Ketahanan Keluarga untuk Mencegah Kenakalan Remaja Ely Muawanah
Rechtenstudent Vol. 1 No. 2 (2020): Rechtenstudent August 2020
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.v1i2.29

Abstract

Family resilience consists of three things, namely physical, social, and psychological resilience. So, the application of this resilience pattern will lead to interactions between family members, so that happiness or family crises can emerge, such as juvenile delinquency. Thus the researcher is interested in comparing Elly Risman's thoughts and the concept of Islamic marriage. The focus of the studies examined in this article are: 1) What is the Pattern of Family Resilience to Prevent Juvenile Delinquency According to Elly Risman? 2) What is the pattern of family resilience to prevent juvenile delinquency according to the concept of an Islamic marriage? 3) How is the comparison between Elly Risman's thoughts and the concept of Islamic marriage in the pattern of family resilience to prevent juvenile delinquency? In this study, the authors took normative legal research. Based on the results and conclusions of research conducted by researchers, among others: 1) the concept of family resilience according to Elly Risman includes tips for being able to adapt and survive, factors of weakening family resilience, the impact of weakening family resilience, and efforts to maintain the family. 2) the concept of family resilience according to Islamic marriage includes the urgency of having a family, family goals, family wisdom, rights and obligations of family members, factors needed in family resilience as well as managing conflict and building family resilience. 3) The comparison of Elly Risman's thoughts and the concept of Islamic marriage in family resilience includes, Elly Risman's view on family resilience puts forward feelings that have an impact on psychology and family resilience that will have an impact on children's growth. Elly Risman also revealed the important role of parents in childcare. Whereas in the concept of Islamic marriage, it includes considering the purpose of having a family, prioritizing the rights and obligations of family members, and paying attention to equality.

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