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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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Analysis of Law Enforcement Components in Human Trafficking Cases in Indonesia Noor Rahmad; Annisa Dwi Rahma Septiani
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.v7i1.386

Abstract

This study aims to analyze how factors in law enforcement are applied in handling cases of human trafficking in Indonesia. Human trafficking is a highly complex criminal act, as it involves networks that spread across various regions and parties. This makes the effectiveness of law enforcement very important. This study uses a normative-empirical legal method with an approach in the form of a review of legislation and case studies. The data used was obtained through analysis of legal regulations, court decisions, and reports from institutions such as the Ministry of Women's Empowerment and Child Protection, the Indonesian National Police, and the Indonesian Migrant Workers Protection Agency. The results of the study show that the enforcement of laws against TPPO has not been optimal due to several factors, such as lack of coordination and integrity among law enforcement officials, limited facilities and infrastructure to support investigations, low public awareness of the law, and cultural and social factors that still look down on the role of women and migrant workers. Problems such as corruption, inadequate protection of victims, and a lack of training for officials also exacerbate this situation. The study concludes that effective law enforcement against TPPO can only be achieved through cooperation between legal factors, increased professionalism among officials, and increased institutional and social support for victims.
The Role of Land Registration in Spatial Planning: A Comparative Study of Indonesia and USA Brian Mochamad Fahmi; Handar Subhandi Bakhtiar
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.v6i3.390

Abstract

The government holds the obligation to ensure legal certainty over land ownership, control, and utilization through a structured land registration system. The state bears the interest in regulating the relationship between land rights and spatial planning as the foundation for sustainable land use control. This research examines the relationship between the land registration system and spatial planning policies in the practice of land administration in Indonesia and the United States. This study also analyzes the effectiveness of the land registration system as an instrument to support the implementation of spatial planning. The method used in this research is normative juridical, based on legal literature, statutory regulations, and comparative law approaches. The results show that the land registration system in Indonesia remains declarative and has not been substantially integrated with the spatial planning system. The Indonesian government has not yet established a technical mechanism to functionally align land data with spatial plans. The United States government has developed institutional integration between land registration and zoning regulations. The legal system in the United States demonstrates a higher degree of effectiveness in using land registration as a tool to control land use. The Indonesian government needs to strengthen its legal and institutional framework to enable land registration to function as a legal instrument for efficient and sustainable spatial planning.
The Paradigm Shift in Law Enforcement in State-Owned Enterprises: An Analysis of the Restrictions on the Role of KPK Pujiwati Wiantin; Gautama Budi Arundhati; Al Khanif
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.v6i3.391

Abstract

This study is motivated by the dual role of State-Owned Enterprises (BUMN) as business actors and agents of national development, which makes them vulnerable to governance issues, including corruption and abuse of authority. The supervision by the Corruption Eradication Commission (KPK), which has been crucial, becomes limited after the removal of the status of state administrators for SOE officials based on Law No. 1 of 2025. This creates new challenges in maintaining SOE accountability, thus requiring strengthening of supervisory mechanisms through civil law and the application of Good Corporate Governance principles. This study uses a normative legal approach with doctrinal legal research, focusing on normative-conceptual analysis of the paradigm shift in law enforcement in State-Owned Enterprises (BUMN), particularly the limitation of the Corruption Eradication Commission’s (KPK) authority from a civil law perspective. The research method combines three approaches: the statutory approach to review relevant regulations, the conceptual approach to explore applicable legal principles and theories, and the case approach to analyze court decisions related to law enforcement against SOE officials.
Assessing the Impact of Cultural Integration on the Indonesian Legal System from Multicultural Perspective Andika Ronggo Gumuruh; Moh. Farhan
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.v6i3.392

Abstract

Legal analysis in the context of multiculturalism in Indonesia is essential to understand how cultural diversity influences and shapes the national legal system. Indonesia’s rich plurality of ethnicities, traditions, and belief systems presents both opportunities and challenges in harmonizing state law with local values. The development of legal pluralism demonstrates that Indonesian law is not solely built upon positive law, but is also influenced by social norms and cultural practices embedded within society. This condition highlights the importance of examining how law can function as a tool of integration in a multicultural environment while simultaneously ensuring the protection of individual rights. One of the key challenges in legal compliance arises from deeply rooted cultural patterns, particularly patriarchal norms that continue to affect legal interpretation and implementation. Using a library research method combined with normative legal analysis, this study draws upon statutory regulations, official legal documents, and academic literature to explore the relationship between multiculturalism and the legal system. The study concludes that, first, cultural integration significantly affects the Indonesian legal system, contributing both positive developments and complex challenges. Second, the main difficulty lies in balancing cultural autonomy with adherence to universal national legal principles. Third, the Indonesian legal system has progressively adapted to accommodate multicultural realities, although continuous refinement remains necessary.
The Politics Behind Omnibus Legislation: Flexibility and Power in Indonesia’s Lawmaking Process Torik Abdul Aziz Wibowo
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.v6i3.393

Abstract

The adoption of the omnibus method as a legislative strategy to address regulatory complexity in Indonesia has sparked considerable debate, given that it constitutes an entirely new approach within the country’s legal framework. This article seeks to examine two key dimensions. First, the political configuration underpinning the enactment of Law No. 11 of 2020 on Job Creation; and second, the subsequent incorporation of the omnibus method into Law No. 13 of 2022 on the Formation of Legislation, alongside the role of the Constitutional Court in adjudicating its constitutionality through judicial review. Methodologically, the analysis employs both historical and conceptual perspectives. The findings reveal, first, that an elitist political configuration significantly shaped the adoption of the omnibus method in the Job Creation Law. The asymmetrical composition of parliament, marked by the dominance of pro-government coalitions, enabled a highly flexible regulatory framework for its implementation. Second, the Constitutional Court, through its ruling, failed to provide clear constitutional guidance on the legitimacy of the omnibus method, thereby allowing the legislature and the president to amend the Job Creation Law via a Government Regulation in Lieu of Law (Perpu) a mechanism that effectively bypassed the constitutional mandate set forth in the Court’s own decision.
Restorative Justice-Based Law Enforcement of Corruption by Village Officials: A State Loss Returns Perspective I Made Bagus; Kiki Kristanto; Claudia Yuni Pramita
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.v6i3.394

Abstract

The increase in Village Fund allocation since 2015 aims to accelerate development and empower rural communities. However, this has also triggered rampant corruption by village officials, which has had a serious impact on state financial losses and hampered development. To date, the law enforcement approach used has been retributive, focusing on criminalizing perpetrators without providing optimal solutions for recovering state losses. This study aims to examine the relevance of implementing restorative justice as an alternative law enforcement approach to corruption by village officials, with a focus on actually recovering state losses. The research method used is normative juridical with a statutory and conceptual approach, and examines the principles of restorative justice and the theory of economic analysis of law. The results of the discussion indicate that the implementation of restorative justice can be a more responsive legal strategy to the need for recovery of state losses, as long as it is carried out within the corridors of positive law, transparency, and community participation.
Shaping Green Investment Pathways to Accelerate Sustainable Development Goals (SDGs) Achievement in Indonesia Nurul Hasanah; Moh. Bahrul Ulum; Firman Floranta Adonara; Khoidin Khoidin
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.v7i1.412

Abstract

The transformation toward sustainable development requires the renewal of the investment law system so that it aligns with environmental, social, and economic principles as mandated in the Sustainable Development Goals (SDGs). This study analyzes the direction of green investment law formation in Indonesia through three main focuses: the existing regulatory framework, juridical barriers in its implementation, and the ideal normative model to strengthen the legal resilience of sustainable investment. The results show that green investment regulations remain sectoral and fragmented across various laws, such as the Investment Law, the Environmental Protection Law, and technical policies like the OJK Green Taxonomy. This fragmentation creates legal uncertainty, overlapping authorities, and gaps between technocratic policies and formal legal norms. These obstacles are exacerbated by weak institutional coordination, the absence of a legal definition of green investment, and the lack of binding incentive and supervision mechanisms. This study recommends the establishment of a lex specialis on green investment, strengthening the legal status of the Green Taxonomy, creating an integrated green licensing system, and reinforcing ecological protection obligations as a mechanism for intergenerational justice. Therefore, the formation of a comprehensive and integrated green investment legal framework is necessary to create legal certainty, enhance the attractiveness of sustainable investment, and strengthen Indonesia’s commitment to achieving the SDGs.
Legal Legitimacy and Effectiveness of the KMPMDP Program in Preventing Maladministration Through Policy Cycle Roshe Adeltha Hendri; Jatmiko Yogopriyatno; Nursanty Nursanty
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.v7i1.414

Abstract

This study analyzes the implementation of the Community Group Concerned with Maladministration (KMPMDP) program conducted by the Ombudsman of the Republic of Indonesia Bengkulu Representative using Jann and Wegrich's (2007) Policy Cycle Theory integrated with Administrative Law perspectives. The KMPMDP program represents a strategic innovation in public service oversight based on community participation that implements principles of administrative democratization and governmental accountability. Using a qualitative approach with an interpretive paradigm, this research examines how the program is implemented through five policy cycle stages while considering dimensions of legality, legitimacy, and general principles of good governance (AUPB). Data were collected through in-depth interviews with key actors, participatory observation of program activities, and documentary studies. Findings reveal that the KMPMDP program has a strong legal foundation based on Law No. 37/2008 on the Ombudsman RI and fulfills administrative law principles at each policy cycle stage. However, implementation faces technical constraints, particularly in edu-visit coordination, impacting effectiveness and efficiency as part of AUPB. The study shows a gap between formal rechtmatigheid (legal validity) and substantive doelmatigheid (effectiveness), with only 50% of planned edu-visits executed. This research contributes theoretically to participatory policy implementation studies from an administrative law perspective and provides practical recommendations for optimizing legitimate and accountable community-based oversight programs.
Dynamics of Islamic Legal Ijtihad Toward the Unification of the Global Hijri Calendar Taufiqurrahman Kurniawan; Lutfiyatun Nikmah
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.v5i2.416

Abstract

Efforts to realize a globally applicable calendar to unite Muslims in the world have been carried out for a long time. This is done so that there is no longer a difference for Muslims in starting the beginning of the month, thus minimizing conflicts that occur among Muslims.The idea of these efforts not only reaches unification locally, but also internationally. One example of efforts to realize the global Islamic calendar is two calendar system concepts, namely the local hijri calendar with a single global hijri calendar. In this regard, Muslims differ in their views in response to the idea of the concept of unification. using theoretical studies from library research materials including astronomical theories and the results of the thoughts of astronomers or Falak, the decision of the world isbath trial. From the results of this study, it can be concluded that efforts to realize an established Islamic calendar and unite the ummah. The new Indonesian Hisab Rukyat criteria need to be proposed based on Indonesian rukyat data supported by international astronomical criteria based on consideration of the main confounding factors, namely the contrast of light around the sun and twilight light above the horizon. The unification of the Single Global Hijri calendar is needed with significance for reasons including, uniting the world community in the form of an Islamic calendar in terms of the schedule of worship times, so as to realize harmony with one another even in different containers and countries.
The Ombudsman of Indonesia’s Own-Initiative Investigations in State Administrative Law and Horizontal Accountability Riska Jenni Astriani; Jatmiko Yogopriyatno; Nursanty Nursanty
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.v7i1.419

Abstract

Own Initiative Investigation (IAPS) is a constitutional authority of Indonesia's Ombudsman based on Law No. 37/2008 as a proactive public service oversight mechanism. However, its implementation remains low, including in Ombudsman RI Bengkulu Representative which has only conducted 1 IAPS since 2025 despite a 7,1% increase in maladministration cases. This study analyzes IAPS practice from an administrative law perspective as a manifestation of proactive horizontal accountability based on Mark Bovens' theory. Descriptive qualitative research with juridical-empirical approach. Data collected through in-depth interviews with 6 key informants, observations, and legal documentation studies. Analysis uses Miles & Huberman model with Bovens' public accountability framework. IAPS practice in Bengkulu Representative meets formal legality criteria but faces operational constraints in fulfilling Bovens' effective accountability criteria, particularly: (1) Independence constrained by coordination with reported institutions; (2) Transparency limited to LHI publication; (3) Evidence credibility depends on investigator competence; (4) Recommendation consequences weak due to lack of binding sanctions. Juridically, IAPS has strong constitutional legitimacy but its effectiveness is hampered by absence of administrative sanctions for institutions failing to follow up recommendations. IAPS as proactive horizontal accountability instrument requires strengthening of derivative regulations providing stronger binding power to Ombudsman recommendations, including administrative sanctions for non-compliant institutions.

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