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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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Deconstructing Village Law through Maqasid al-Shari'ah: An Indonesian Legislative Study Risqi Dafiro; Busriyanti Busriyanti
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.v5i2.332

Abstract

This study employs a library research method to examine the formulation of Law Number 6 of 2014 concerning Villages through the lens of Maqashid Syariah, the objectives of Islamic law. The law is recognized as reflecting strong Islamic values, consistent with the perspective of Imam Al-Ghazali, who emphasized that Islamic law aims to achieve the well-being and happiness of humanity both in this world and the hereafter. The five key components of Maqashid Syariah protection of religion (hifdz ad-din), life (hifdz an-nafs), intellect (hifdz al-‘aql), lineage (hifdz an-nasb), and property (hifdz al-maal) serve as the evaluative framework in this analysis. The research findings indicate that the establishment of Law Number 6 of 2014 was intended to enhance the effectiveness of village governance, improve public service delivery, strengthen community empowerment, and encourage active citizen participation in national development. The law provides maslahah (public benefit) by addressing the universal needs of society and aligning with the principles of Maqashid Syariah. Additionally, the study affirms that the law not only benefits Muslims but also serves the interests of non-Muslim communities, thereby reinforcing the universal applicability of Islamic legal values. The analysis concludes that the integration of Maqashid Syariah into legislative processes, as demonstrated by this law, supports the development of regulations that are comprehensive, inclusive, and beneficial to society. It also underscores the role of Islamic legal philosophy as a valuable standard for law-making aimed at achieving sustainable and widespread societal welfare.
Legal Force Certificate of The Right of Depedency in Destruction of The Object Guarantee Due to Natural Disasters: A Juridical Study Ferdiansyah Putra Manggala; Dyah Ochtorina Susanti
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.v6i1.336

Abstract

Shelter is a fundamental human need, essential for safety, stability, and well-being. The right to adequate housing encompasses not only the physical structure but also the legal assurance of ownership and the ability to exercise rights over it. Today, fulfilling the need for housing has become increasingly difficult due to the high cost of land and the complexity of residential construction, which, although sometimes affordable, involves intricate legal and administrative procedures. For individuals or communities who already own land, it is imperative to ensure legal protection and certainty regarding their ownership. A Certificate of Ownership provides formal legal recognition and allows the holder to undertake legal actions related to the land, including using it as collateral. One such legal instrument is the Mortgage Rights Certificate, which holds executorial legal force and serves as strong evidence of a creditor’s legal claim. However, complications emerge when the object of collateral is destroyed by natural disasters. In such cases, the legal position of both the debtor and creditor becomes unclear, as current regulations do not address this issue explicitly. Neither the Basic Agrarian Law (Law No. 5 of 1960) nor the Mortgage Rights Law (Law No. 4 of 1996) provide clear provisions regarding the legal force of mortgage rights under such circumstances. Therefore, this study employs a normative juridical approach, using legal literature, statutory regulations, and scholarly analysis to examine the legal consequences of collateral destruction and to explore protective mechanisms for the affected parties.
Juridical Review for Buyers in Sale and Purchase Agreements Via E-Commerce when A Default Occurs Ricky Indoladeshi; Puguh Aji Hari Setiawan; Tarmudi Tarmudi
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.v5i2.337

Abstract

The issues discussed are regarding regulations regarding consumer protection in electronics transactions in Indonesia, legal protection for consumers who suffer losses in purchasing and selling transactions on line shopping sites, responsibility of shopping site managers for losses experienced by consumers when making purchase and selling transactions through on-line shopping sites. The data collection method is data from various reading sources, such as legislation, books, scientific journals, and the internet whose value is relevant to the problems discussed. Based on the research results obtained, it shows that regulations regarding consumer protection in electronics transactions in Indonesia can be properly accommodated by the Consumer Protection Law and the Information and Electronic Transactions Law which is realized through the protection of consumer personal data, conditions for the validity of e- commerce transactions, standard clauses, and regulations regarding e-commerce transactions objects.
Resignation Requirements for Elected Legislative Candidates Baharuddin Riqiey; Moh. Syahfudin; Firyal Azelia Nasera
Rechtenstudent Vol. 6 No. 2 (2025): Rechtenstudent August 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.v6i2.340

Abstract

General elections are one of the indicators that Indonesia is a democratic country, this recognition is strengthened by Article 1 paragraph (2) of the 1945 Constitution of the Republic of Indonesia which emphasizes that sovereignty lies in the hands of the people. In holding general elections, Indonesia faces various challenges, including the phenomenon of the resignation of elected legislative candidates. This action has a negative impact on the health of democracy and causes disappointment among constituents who hope that their representatives can represent their voices in the legislature. In dealing with this problem, a judicial review was carried out at the Constitutional Court regarding Article 426 paragraph (1) letter b of Law No. 7 of 2017, which is the basis for resignation. The Constitutional Court, through Decision Number 176/PUU-XXII/2024, annulled the provision. This annulment provides new hope for democracy in Indonesia, and this study aims to analyze the decision and its implications for the development of the democratic system and the construction of sanctions for political parties that order the resignation of elected legislative candidates. The research findings show that the Constitutional Court, as the guardian of democracy, plays an important role in affirming the sovereignty of the people. If the practice of inappropriate resignation still occurs, sanctions in the form of fines, restrictions on the number of candidates in the next election, and the obligation to take political education can be applied. The imposition of sanctions must still take into account the principles of justice and democracy.
State Financial Losses Recovery Through Asset Forfeiture Raden Yudhi Teguh Santoso; Ainul Azizah; Gautama Budi Arundhati
Rechtenstudent Vol. 6 No. 2 (2025): Rechtenstudent August 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.v6i2.342

Abstract

Indonesia, as a state governed by law (rechtstaat), guarantees the protection of its citizens' constitutional rights, including economic rights. However, the existence of corruption classified as an extraordinary crime has undermined the nation’s economic foundations and deprived the people of their economic entitlements. Law enforcement against corruption must not only focus on punishing perpetrators but also prioritize the recovery of state losses through the mechanism of asset forfeiture derived from criminal acts. This study examines the urgency and dynamics of asset forfeiture within the framework of Indonesia's positive law, including the relevance of Law No. 31 of 1999 in conjunction with Law No. 20 of 2001, and the Indonesian Penal Code (KUHP) of 2023. Furthermore, it discusses the concept of non-conviction based asset forfeiture and the need for a specific Asset Forfeiture Law as a manifestation of the state's commitment to restoring state finances and upholding the rule of law. This research also analyzes the strategic role of the Prosecutor's Office in the asset recovery process, as well as institutional challenges and inter-agency coordination issues in its implementation.
Indonesia's Involvement in the Paris Agreement on Low Carbon Development Agenda in Indonesia: A Social Legal Study Thoriq Al Hakim Faizy; Radian Salman; Arif Rahman Hakim
Rechtenstudent Vol. 6 No. 2 (2025): Rechtenstudent August 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.v6i2.343

Abstract

Indonesia's participation in the Paris Agreement has created opportunities for international cooperation that can support the progress of low-carbon development at the national level. The participation, along with the strong global commitment to help developing countries achieve their emission reduction targets under the Paris Agreement, brings several benefits for Indonesia in obtaining international support for climate change adaptation and mitigation, including climate finance, technology transfer, and capacity building. This research aims to analyse the strategic role of the Paris Agreement towards a low-carbon development agenda in the energy sector in Indonesia. This research is based on regime theory and neoliberal institutionalism paradigm as the theoretical framework for analysing the issues addressed. Furthermore, this research applies the literature study method by using sociolegal approach. The findings of this research indicate that the Paris Agreement has contributed to the progress of low-carbon development in Indonesia particularly in the energy sector. However, its implementation has been sluggish in meeting the targets for climate change mitigation and adaptation.
The Implementation of BAN-PT Regulations Regarding Accreditation Toward An Excellent Study Program Sholikul Hadi; Badrut Tamam; Busriyanti Busriyanti; St. Sariroh
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.v6i1.345

Abstract

Accreditation is a fundamental mechanism for evaluating the standard of higher education programs. The Constitutional Law Study Program within the Sharia Faculty at UIN Khas Jember has undertaken this process under the framework of BAN-PT, following the nine core criteria specified in BAN-PT Regulation No. 2 of 2019. This study investigates the challenges, hindrances, and potential solutions in implementing BAN-PT regulations to achieve superior accreditation status. Using an empirical legal research approach, the study collected data through interviews, direct observation, and document analysis. The accreditation process includes stages such as planning, submission, evaluation, and post-evaluation follow-up, involving various stakeholders lecturers, students, and administrative staff. Factors contributing to successful accreditation include qualified faculty, curriculum alignment, adequate infrastructure, and external partnerships. However, a significant challenge remains: limited international collaboration, which restricts access to research resources and funding. Achieving top-tier accreditation requires strategic planning, the formation of a competent accreditation drafting team, structured compliance with standards, and consistent application of the PPEPP quality cycle. Ultimately, excellent accreditation enhances institutional credibility and supports the advancement of legal education in Indonesia.
Legal Framework and Criminal Sanctions for Bitcoin-Based Narcotics Transactions Maria Dona Kristina Wati; Ainul Azizah; Fanny Tanuwijaya
Rechtenstudent Vol. 6 No. 2 (2025): Rechtenstudent August 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.v6i2.347

Abstract

The rapid development of digital technology has transformed the global financial landscape with the emergence of virtual currencies such as Bitcoin. As a decentralized digital asset based on blockchain technology, Bitcoin enables fast, anonymous, and cross-border transactions without central authority intervention. While these features offer convenience, they also pose risks of abuse in illegal activities, including narcotics transactions. In Indonesia, the use of Bitcoin in drug-related offenses presents complex legal challenges due to the absence of explicit criminal regulations governing such usage. This study examines the criminal liability of narcotics offenders who utilize Bitcoin, focusing on three core issues: the juridical basis for punishment, the characteristics of punishment under Indonesia’s legal system, and an ideal penal concept for the future. The research employs a normative juridical method with statutory, conceptual, and case study approaches. Findings indicate that punishment remains based on Law No. 35 of 2009 on Narcotics, with Bitcoin regarded as a means rather than a core element of the crime. Although it does not constitute a new offense, its use may aggravate punishment through individualized sentencing. Sanctions involving digital assets remain suboptimal due to regulatory gaps. Therefore, this study recommends revising criminal laws to explicitly regulate Bitcoin use in drug crimes, developing sentencing guidelines that consider technological factors, and formulating responsive penal policies, including asset seizure and inter-agency collaboration through blockchain forensic technology.
Reconfiguring Local Leadership: Legal Policy Analysis of Village Head Term Extension under Law No. 3 of 2024 Wasil Wasil
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.v5i3.349

Abstract

The term of office of the village head is already long, there is still dissatisfaction expressed by the village head. The Indonesian Village Government Association and the Indonesian Village Apparatus Association (PPDI) have extended the term of office of the village head to 9 years per period for 3 periods. The demand for an extension of the term of office of the village head is based on several reasons, one of which is the need for stable and sustainable leadership. In some cases, village heads who have experience and in-depth knowledge of local conditions are considered capable of leading the village more effectively, especially in facing complex challenges. So that in the latest Law, namely Law Number 3 of 2024, the term of office of the village head was changed to eight years with two terms. Thus, the focus of this research is how the legal policy is regarding the addition of the term of office of the village head in Law Number 3 of 2024 concerning Villages. With the type of library research with primary legal materials, namely Laws, while secondary legal materials are books regarding the addition of the term of office of the Village Head. The results of this study indicate that the current term of office and period of the village head are considered insufficient to develop the village due to tension and polarization of society after the village head election, the term of office of the village head is too short will cause failure to achieve the vision and mission. The addition of a long term of office for the village head does not guarantee that a development climate will be built.
The Digital Notary: Harnessing Artificial Intelligence in the Transition to Society 5.0 Ahmad Muhajir Firrizqi Mubaroq; Auliya Safira Putri
Rechtenstudent Vol. 6 No. 2 (2025): Rechtenstudent August 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.v6i2.350

Abstract

The rapid development of digital technology has propelled humanity from the era of the Industrial Revolution 4.0 into Society 5.0, which adopts a human-focused approach aiming for a synergy between technology, humanity, and data. The sophistication of technology has led to the creation of artificial intelligence (AI), which is designed to enable computer systems to simulate several functions of the human brain. The utilization of AI has been adopted across various professional sectors, including the legal profession. Notaries, as public officials authorized to draw up authentic deeds, perform their duties in accordance with the Notary Position Act. This statutory obligation, which requires a physical meeting for the execution of authentic deeds, has hindered notaries from fully utilizing digital media in the process of deed-making. Therefore, this study aims to analyze the development of AI as a catalyst for the emergence of Digital Notaries in the future. The result of this analysis indicates that the development of Digital Notaries utilizing AI can be realized through legal reforms that offer both preventive and repressive legal protections, as well as through the readiness and creativity of notaries to compete globally in the digital realm.

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