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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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Digital Journalism and Press Freedom: The Relevance of the Press Law in the Era of Social Media Platforms Tenang Haryanto; Syarafina Dyah Amalia; Manunggal Kusuma Wardaya
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.v6i1.351

Abstract

Advances in digital technology have significantly changed the face of journalism and press freedom. Today, people can easily create and disseminate information through digital platforms, such as social media, without the need to be part of the official media. This phenomenon raises legal issues, especially with regard to the relevance of Law No. 40/1999 on the Press in the context of digital journalism. This research applies the normative juridical method with a regulative and conceptual approach to analyse the compatibility of the norms in the Press Law with the practice of journalism in the digital era. The research findings show that many current journalistic activities  including the creation and dissemination of news by non-press persons or institutions are not expressly regulated in the Press Law. As a result, supervision is less effective, the risk of spreading misinformation and disinformation increases, and legal protection for digital journalism actors is blurred. The current Press Law only covers a small part of modern journalism practices and is not responsive to the challenges of press freedom in the decentralised digital space. Therefore, it is necessary to update regulations or develop supporting norms that can deal with the realities of today's digital media without compromising the principle of press freedom.
The Concept of Endogamous Marriage in Islamic Law: Study of Tafsir Al-Misbah by Quraish Shihab Moh Syarifuddin; Jatim Jatim
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.v6i1.352

Abstract

Marriage is a sunnatullah for the entire universe. Allah SWT gave humans reason and heart, which makes them different from other loving creatures. Therefore, in human life there is something called marriage, which is recommended for every Muslim man and woman to avoid falling into sin. This is recommended for Muslims who are physically and mentally able to marry, so as not to fall into sin. In the modern era, endogamous marriage is rarely found in society. This is due to the development of the times. This study aims to determine the views of Quraish Shihab regarding endogamous marriage in the interpretation of Al-Misbah QS An-Nisa' verse 23. The research method used is a qualitative method by searching for data from several books and journals that are in accordance with the study of endogamous marriage.
Freedom of Contract in Sharia Banking for Non-Muslim: Sharia Banking Law Perspective Ana Laela Fatikhatul Choiriyah; M. Khoidin; Candra Irawan; Yudha Bagus Tunggala Putra
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.v6i1.353

Abstract

Islamic banking in Indonesia has experienced rapid growth as an alternative financial service grounded in justice, transparency, and sharia principles. Interestingly, an increasing number of non-Muslim customers are utilizing Islamic banking products due to their perceived fairness and ethical practices. This phenomenon raises important legal questions, particularly regarding the validity and legal certainty of contracts involving non-Muslim customers from the perspective of fiqh muamalah. The principle of freedom of contract in Islamic law allows for contractual agreements with anyone, as long as the content and structure do not contradict sharia principles. This study aims to examine the legal validity, certainty, and practical application of this principle for non-Muslim customers within Islamic banking. By exploring how Islamic financial institutions accommodate inclusivity without compromising core religious values, the research seeks to contribute to the development of a more inclusive and just financial system in Indonesia that respects both religious norms and pluralistic societal realities.
Protecting Migrant Workers: The Legal Role of Village Governments Through Service Centers Sutrisno RS; Moh. Ali Syaifudin Zuhri
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.v5i3.354

Abstract

This study aims to analyze the role of village autonomy in providing protection for migrant workers through local policies based on community needs. Villages, as the smallest government entities, have the original authority to regulate and manage community interests based on local social and cultural conditions. Within the framework of decentralization as stipulated in Law Number 23 of 2014, villages have complete autonomy and are not delegated to the central government. However, the implementation of village autonomy faces structural challenges, particularly in the aspect of village finances, which are unbalanced between income and expenditure. This study highlights the Village Regulation policy on the Integrated Service Center for Migrant Worker Villages (Desbumi) as a form of local innovation in protecting migrant workers, especially female workers. Desbumi emerged from a collective awareness of the importance of village involvement from the early phases of labor migration. This study uses a descriptive qualitative approach with case studies of Desbumi implementing villages. The results show that this initiative increases the active role of villages in documentation, assistance, and advocacy for migrant workers. Collaboration between village governments, civil society organizations, and migrant worker communities is key to the policy's success in strengthening social protection functions at the village level.
Religious Pluralism and Legal Dimensions of Interfaith Living in Besuki Village Situbondo Ahmad Hoiri
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.v5i3.355

Abstract

This study examines the socio-religious harmony between Muslims, Christians, and Tionghoa in Besuki Village, Situbondo Regency. Despite their different religious, cultural, and ethnic backgrounds, the people of this village are able to build a harmonious and respectful life together. This harmony is realized through inclusive social interactions, tolerance, and the understanding and practice of religious teachings that uphold universal humanitarian and spiritual values. Factors supporting this harmony include an inclusive understanding of religion, religious teachings that emphasize peace, a sense of love for the homeland, and an attitude of tolerance between religious communities. However, challenges remain, such as conflicts over the establishment of houses of worship, interfaith marriages, and a weak understanding of diversity among the younger generation. This study shows that socio-religious harmony is not something that occurs naturally, but rather the result of joint efforts, collective awareness, and a commitment to living peacefully in diversity.
Legal Protection for Financial Technology Peer to Peer Lending Debtors Against Doxing Actions by Creditors Muhammad Fatoni Kurniawan; Fendi Setyawan; Dyah Ochtorina Susanti
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.v5i3.356

Abstract

Technological advancements have increased financial access through financial technology (fintech) services, particularly peer-to-peer (P2P) lending, yet these developments also present significant risks. Illegal online lenders (pinjol) often misuse personal data and employ intimidating debt collection practices, while large-scale data breaches, such as those involving BPJS Kesehatan, Tokopedia, and Kredit Plus where 890,000 customer records were allegedly leaked and sold highlight the urgent need for effective debtor protection. This research employs a normative juridical method using statutory, conceptual, and historical approaches to examine the legal framework for debtor protection against doxing practices. The findings show that legal protection is crucial to maintaining stability, security, and user trust in fintech services. Protection mechanisms are divided into internal measures, which regulate transparency, fair treatment, confidentiality, and risk management, and external measures provided by authorities through law enforcement, administrative sanctions, and dispute resolution. Despite the existence of the Personal Data Protection Law (PDP Law), the Information and Electronic Transactions Law (ITE Law), and Financial Services Authority (OJK) regulations, regulatory disharmony, weak supervision, and low public awareness hinder effective protection. Strengthening PDP Law enforcement and explicitly prohibiting doxing practices in OJK regulations are recommended.
Market Needs and Regulatory Impact on the Development of Islamic Economic Law: Strategic Quality Improvement Measures Freddy Hidayat; Martoyo Martoyo; Afrik Yunari; Syifa'ul Hisan
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.v5i3.357

Abstract

The development of Islamic economic law education is strongly influenced by market dynamics and regulatory frameworks, positioning law as an essential engineering tool for economic development. This paper examines how these factors shape the Islamic Economic Law program at UIN Kiai Haji Achmad Siddiq Jember, focusing on its role in producing legal experts capable of designing and supporting sharia-compliant economic systems. By integrating the socio-legal perspective, the study highlights how law operates not only as a normative framework but also as an instrument to engineer financial stability, facilitate Islamic market transactions, and foster innovation in sharia-based industries. Using international best practices in curriculum design, governance, and graduate competency development, the paper proposes strategic measures to elevate program quality toward superior accreditation standards. Recommendations include curriculum reform aligned with evolving financial technologies, faculty capacity-building, and industry collaboration, ensuring graduates are equipped to meet national and global demands in Islamic economic jurisprudence.
Legal Responsibilities of Educational Institutions in Ensuring Data Protection and Quality Learning in Digital Education Using Smartcampus Amrin Nurfieni; Dian Ferricha; Ahmad Gelora Mahardika
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.v6i1.358

Abstract

The digital transformation in education has driven the increased use of digital platforms across higher education institutions. The COVID-19 pandemic accelerated the adoption of technologies such as the Internet, big data, artificial intelligence (AI), and cloud computing in educational services, facilitating accessibility and innovation in learning. However, this development also presents significant challenges regarding the legal responsibilities of educational institutions, particularly in safeguarding personal data privacy and maintaining the quality of digital education. This study aims to identify and analyze the legal responsibilities of educational institutions in using digital platforms. A normative legal research method was applied to examine the applicable regulations, including Law No. 20 of 2003 on the National Education System, Law No. 11 of 2008 on Electronic Information and Transactions, and Law No. 27 of 2022 on Personal Data Protection. The findings reveal that educational institutions are legally obligated to ensure data privacy, uphold quality standards in education, and adhere to relevant regulations. The study recommends policies to enhance data security, develop quality content, and provide continuous training for educators to support legal compliance in digital-based learning.
Shifting Meaning of State Losses in BUMN Based on the Business Judgment Rule Principle Fona Kartika Listiyapuji; Dyah Ochtorina Susanti; Firman Floranta Adonara
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.v6i2.361

Abstract

State-owned enterprise faces complex business dynamics, including the risk of state losses due to managerial decisions. The Business Judgment Rule (BJR) principle serves as the basis for legal protection for the direction to make business decisions with professional freedom, as long as the decisions are made in good faith, with caution, and without conflict of interest. However, the application of this principle in Indonesia is still inconsistent, as seen from cases such as Pertamina and Merpati Nusantara Airlines which show heterogeneity in the assessment of the legal responsibility of directors. The focus of this study is: first, to find the meaning of state losses in the context of State-owned enterprise based on the BJR principle; and to formulate a concept so that the BJR doctrine is not misused. The study uses a normative juridical method (research law) with a doctrinal approach to examine changes in the meaning of state losses in State-owned enterprise based on the Business Judgement Rule.
Issuance of Environmental Approvals Based on the Precautionary Principle: A Legal Study Nuril Firdausiah; Iwan Rachmad Soetijono; Galuh Puspaningrum
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.v6i2.362

Abstract

On October 5 2020 the government and the people's representative council passed a new law, namely Law Number 11 of 2020 concerning Job Creation which raises pros and cons. These changes are based on simplifying licensing. Which changes the nomenclature of environmental permits to environmental approval. Permits are clearly a state administration decision as regulated in Law Number 30 of 2014 concerning Government Administration, whereas normative approval does not have an explicit meaning as a state administration decision. Furthermore, the change in norms is also accompanied by the elimination of the community's right to responsibility towards the government as the permit giver which was originally stipulated in Article 38 of Law Number 32 of 2009 concerning environmental protection and management. Environmental permit violations that occur do not have any impact on the business permit. The government only provides punishment in the form of a warning to violators.

Page 21 of 24 | Total Record : 232

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