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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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Reformulating National Criminal Law for Protecting Child Victims of Cyberbullying Crimes Iwan Fahmi; 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.v6i2.363

Abstract

The advancement of digital technology has led to the emergence of new types of crime, including cyberbullying, which often targets children as the most vulnerable victims. Indonesia currently lacks specific legal provisions that regulate cyberbullying as a criminal offense against children. This research aims to examine the effectiveness of existing legal protections and the urgency of reformulating a more specific criminal framework. Using a normative legal approach and comparative study with the Philippines and California (USA), the findings indicate the need for comprehensive legal reform in Indonesia to ensure better protection for children against digital violence. The study highlights how the absence of a clear definition and categorization of cyberbullying in Indonesian legislation creates legal uncertainty and hinders law enforcement. Meanwhile, experiences from the Philippines and California show that explicit regulations provide stronger preventive and punitive measures. Therefore, reformulating a progressive legal framework that integrates criminal, civil, and administrative approaches is urgently needed to address the complexity of cyberbullying and safeguard children’s rights in the digital era.
The Legal Dimension of Indigenous Communities Role in Climate Change Mitigation and Adaptation Irwan Kurniawan; Etis Cahyaning Putri
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.v5i3.364

Abstract

Indigenous peoples in Indonesia have a system of values and laws that have been attached to them for a long time. The existence of a system of values and laws that have bound indigenous peoples makes them a strong and empowered society. However, the existence of customary law communities is often placed in a position that is considered an obstacle to progress, even though the rights of customary law communities have been enshrined in the Indonesian constitution. As a group that still preserves the values that have always existed, climate change is also a challenge for indigenous peoples. This study focuses on the gap between constitutional norms and the practice of national climate policy and the state's role in responding to climate change. This research uses normative and socio-legal methods using conceptual, statutory, case and sociological approaches that provide space to read the structural and political dynamics behind the neglect of the role of indigenous peoples in climate policy. The absence of indigenous peoples in climate policy architecture reflects the state's failure to integrate the principles of ecological justice into the legal system and environmental governance.
The Executorial Nature of Fiduciary Guarantee Certificates as Equivalent to Final and Binding Court Decisions Ahmad Badawi; Nikmatul Keumala Nofa Yuwono
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.v5i3.365

Abstract

In the fiduciary guarantee certificate, the phrase “For the Sake of Justice Based on God Almighty” is included, which grants it the same executorial power as a court decision with permanent legal force, as regulated in Article 15 of Law Number 42 of 1999 on Fiduciary Guarantees. This study examines three main problems: first, the function of the principles of publicity and speciality in fiduciary guarantee registration; second, the legal force of the fiduciary guarantee certificate; and third, its position as the basis for execution of fiduciary guarantee objects. The research adopts a doctrinal method aimed at systematically explaining legal rules, analyzing interrelations among them, clarifying obscure aspects, and predicting future developments. The approach combines statutory, conceptual, and historical perspectives, employing both primary and secondary legal materials, alongside non-legal references, analyzed through a deductive-qualitative method. The principle of publicity functions to ensure accessibility in identifying fiduciary objects, while the principle of speciality provides legal certainty to fiduciary recipients. However, the fiduciary guarantee certificate is issued by the Ministry of Law, which does not possess the authority to grant executorial power. Therefore, from a theoretical standpoint, the fiduciary guarantee certificate should not equate to a court decision with permanent legal force but rather serve merely as proof of registration containing the statement “For the Sake of Justice Based on God Almighty.” This reveals a normative contradiction between statutory regulation and the practical interpretation of the certificate’s legal force”.
Legal Protection for Vehicle Owners in Cases of Default in Car Rental Agreements Rizky Perdana Bayu 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.v6i1.367

Abstract

This study investigates the phenomenon of default in car rental agreements and its legal implications for vehicle owners. The research aims to analyze the various forms of default, identify the underlying factors, and evaluate the adequacy of legal protection mechanisms available to owners. Employing an empirical legal research method, the study draws on semi-structured interviews with car rental business owners, vehicle renters, legal practitioners, and law enforcement officers. The findings indicate that the most frequent types of default include delays in returning the vehicle, non-payment of rental fees, misuse of vehicles beyond contractual terms, and, in severe cases, fraudulent conduct resulting in the loss of vehicles. It was also revealed that rental business owners often depend on incomplete or informal agreements, thereby weakening their legal standing in dispute resolution. From a legal perspective, rental agreements are generally treated as civil matters, but circumstances involving fraud or embezzlement may shift the issue into the criminal domain. Law enforcement officers highlight the difficulties in distinguishing between civil default and criminal offenses, often resulting in prolonged legal processes. The study concludes that current legal protection for vehicle owners remains inadequate, both preventively and repressively. Preventive measures require the establishment of comprehensive written agreements with clear provisions regarding obligations, penalties, and dispute resolution mechanisms. Meanwhile, repressive measures necessitate improved coordination between civil and criminal law enforcement. Strengthening contractual clarity and enhancing legal awareness among both owners and renters are critical steps toward reducing default risks and promoting legal certainty in vehicle rental practices.
The Enforcement of Anti-Corruption Laws in Indonesia and Sierra Leone: A Socio-Legal Perspective Thomas Sheku Marah
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.v5i3.369

Abstract

Corruption stands as a major threat that affects governance systems, economic progress, and justice in both Indonesia and Sierra Leone. The anti-corruption legal frameworks, which include Law No. 31 of 1999 and the Sierra Leone Anti-Corruption Act of 2008 (amended in 2019), face major socio-legal Challenges during enforcement. The article utilizes a socio-legal methodology for comparing anti-corruption enforcement performance between Indonesia and Sierra Leone. The paper examines institutional mechanisms through the Indonesian Corruption Eradication Commission (KPK), together with the Sierra Leone Anti-Corruption Commission (ACC), to evaluate their achievements and constraints within their respective political and cultural environments. The research shows that political interference, weak institutions, and low public confidence exist in both countries, whereas enforcement bodies maintain different levels of independence and authority. The research establishes that institutional independence requires strengthening, public participation needs enhancement, and international cooperation should be promoted through a comparison of these two jurisdictions. The article advances knowledge about anti-corruption law enforcement dynamics while providing valuable policy insights for developing democracies which face corruption challenges including Indonesia and Sierra Leone.
Integration of Forest Management Policy and Environmental Law Enforcement in Efforts to Prevent Illegal Logging in Indonesia Ahmad Syahird; Samsul Arifin; Andi Firmansyah; Andi Muhammad Alqadri Syarif
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.v7i1.373

Abstract

Law enforcement against illegal logging in various forest areas in Indonesia remains a persistent challenge in achieving sustainable forest governance. Although Indonesia has enacted Law No. 18 of 2013 concerning the Prevention and Eradication of Forest Destruction, prior studies largely focus on regulatory substance and criminalization, while limited attention has been given to the structural effectiveness of its enforcement mechanisms. This study aims to analyze the effectiveness of environmental law enforcement in preventing illegal logging and to identify the institutional and normative gaps that hinder its implementation. This research employs normative juridical legal research with a statutory, conceptual, and case approach. The analysis is based on legislation, court decisions related to illegal logging, and relevant scholarly literature to evaluate the coherence between regulatory design and enforcement practice. The findings indicate that despite a relatively comprehensive legal framework, enforcement remains suboptimal due to fragmented inter-agency coordination, limited institutional capacity, and systemic corruption risks within forestry governance. Moreover, the existing regulatory framework has not been fully supported by integrated monitoring and accountability mechanisms. This study contributes to the discourse on environmental law enforcement by proposing the strengthening of cross-sectoral supervision, institutional integration, and community-based monitoring as key reform directions for improving the effectiveness of illegal logging prevention in Indonesia.
Legal Certainty in the Criminalization of Directors Misusing Corporate Social Responsibility (CSR) Funds Ade Irma Suryani; I Gede Widhiana Suarda; Y. A Triana Ohoiwutun
Rechtenstudent Vol. 6 No. 3 (2025): Rechtenstudent December 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.v6i3.374

Abstract

Corporate Social Responsibility (CSR) is a legal obligation for companies as regulated in Article 74 of Law No. 40 of 2007 concerning Limited Liability Companies (PT Law). However, in practice, misuse of CSR funds remains common in both private companies and State-Owned Enterprises (BUMN), creating adverse impacts on society and the government. This study aims to examine the legal framework governing the criminal liability of directors for the misuse of CSR funds within the Indonesian criminal law system and to analyze the application of the principle of legal certainty. Using a normative juridical method with statutory, conceptual, and case approaches, the study finds that directors may be held criminally liable under Article 488 of the Criminal Code when CSR funds are misused in private companies, while similar acts in BUMN may be categorized as corruption under Articles 2 and 3 of the Corruption Law. Nonetheless, ambiguity within Article 74 of the PT Law continues to generate multiple interpretations, potentially hindering legal enforcement and conflicting with the principles of legality and legal certainty. Therefore, a specific regulation (lex specialis) addressing directors’ criminal liability in CSR fund management is required to enhance legal certainty and strengthen accountable and transparent corporate governance.
Examining Disparities in Religious Court Decisions on Voluntary Itsbat Nikah and Underage Siri Marriages Hadi Nur Ikhwan; Y. A Triana Ohowaitun; Dominikus Rato
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.v5i2.377

Abstract

This study examines two Religious Court decisions in Indonesia, Case Number 9/Pdt.P/2025/Pa.Ngr and Case Number 23/Pdt.P/2025/Pa.Klp, both concerning applications for marriage validation (itsbat nikah). The two cases share similar characteristics because the marriages were unregistered and the wife was underage at the time of marriage. Although both cases were decided by a single judge, their rulings and legal considerations differ, offering insight into judicial discretion and legal interpretation in voluntary cases. This research uses a normative juridical approach focusing on the analysis of Indonesian positive law, including legislation, judicial decisions, and literature. The study aims to identify the legal basis, reasoning, and implications behind the different judicial outcomes. Findings show that in cases of unregistered marriages, judges may either grant or reject marriage validation requests depending on their interpretation of legal norms and the specific circumstances. These differences may create legal uncertainty and disadvantage parties seeking recognition of their marital status. Therefore, it is important for individuals to comply with the legal marriage age requirement of 19 years to ensure the legality and protection of their marital rights under Indonesian law.
International Migration and State Sovereignty: Reconciling Human Rights Obligations with Border Control Kudakwashe Zhou; Thomas Sheku Marah
Rechtenstudent Vol. 6 No. 3 (2025): Rechtenstudent December 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.v6i3.379

Abstract

The movement of people across borders has become one of the most contested issues in contemporary international law, as the sovereign prerogative of states to regulate entry, exit, and residence increasingly collides with obligations arising from international human rights and refugee law. Global migration flows driven by armed conflict, poverty, environmental degradation, and political instability have intensified this tension, placing states under pressure to manage borders while upholding the dignity and fundamental rights of migrants. This study examines the legal and political challenges that emerge when states attempt to balance border control with international human rights commitments, with particular focus on asylum seekers, refugees, and irregular migrants. It analyzes the evolving interpretation of two core international instruments the 1951 Refugee Convention and the International Covenant on Civil and Political Rights alongside relevant regional frameworks, drawing on the jurisprudence of international courts and treaty bodies. The research further explores the interaction between domestic legal systems and international treaty obligations in shaping migration governance. Key areas of legal controversy, including the principle of non-refoulement, offshore processing, and the externalization of border controls, are critically assessed. Ultimately, this study seeks to contribute to the development of legal frameworks capable of reconciling state sovereignty with the protection of migrant rights in an increasingly fragmented yet interconnected global order.
Trends in Juvenile Crime: Assessing the Justice System and the Shift Toward Restorative Solutions Fella Rezza Silviana; Nabila Luthvita Rahma
Rechtenstudent Vol. 6 No. 3 (2025): Rechtenstudent December 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.v6i3.384

Abstract

Diversion is an out-of-court solution for children in conflict with the law, or children as perpetrators of crimes. The increasing number of crimes committed by children has become an evaluation of the diversion system currently used in the juvenile criminal justice system as stipulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. This study aims to evaluate and provide solutions for the juvenile criminal justice system by combining restorative justice and integral policies. This study is library research with primary legal materials in the form of the SPPA Law, the Criminal Code, and secondary legal materials in the form of scientific articles, books, and news related to the research topic. Data were analyzed using statutory, case, and conceptual approaches, and using grammatical legal interpretation. The results of the study indicate that the evaluation of the diversion system includes a lack of adequate resources, a lack of training and awareness of law enforcement officers, especially regarding child psychology, delays in the judicial process, and the existence of social stigma that influences victims' reluctance to report to the authorities. Recommendations for improving the diversion system need to be implemented through penal mediation between victims and perpetrators through a restorative justice approach, as well as integral efforts starting from the role of the family, school, and the environment.

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