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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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Asuransi Pertanian dalam Perspektif Undang-Undang No 19 Tahun 2013 Tentang Perlindungan dan Pemberdayaan Petani Arifatul Uyun; Busriyanti Busriyanti
Rechtenstudent Vol. 1 No. 3 (2020): Rechtenstudent December 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.v1i3.30

Abstract

Indonesia is an agricultural country that has a tropical climate, with two seasons. This condition makes the agricultural sector in Indonesia very dependent on natural conditions. As a measure to protect farmers, the government undertakes protection measures with agricultural insurance as a step towards shifting the risk of possible losses due to certain factors. Agricultural insurance which is regulated in Law No. 19 of 2013 concerning the protection and empowerment of farmers regulates rice farming insurance and cow/ buffalo business insurance. This research uses normative legal research. The purpose of this study is to examine the concept of the agreement as well as aspects of protection and empowerment for farmers according to Law No. 19 of 2013. Agricultural insurance is a government program regulated in Law No. 19 of 2013 concerning Protection and Empowerment of Farmers to protect farmers from losses caused by due to natural factors, in which there is also a big role for the community and the government in implementing agricultural insurance.
Persepsi Guru Al Amien Prenduan tentang Akad Mudharabah di BNI Syari’ah Sumenep Ning Kholisotul Ilmi; Ridho Sugiyono
Rechtenstudent Vol. 1 No. 3 (2020): Rechtenstudent December 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.v1i3.31

Abstract

The development of sharia banking has become a measure of the success of the sharia economy. Syharia banks have a function as channeling funds to the community and collecting funds from the community. In sharia banking, there are several contracts that have been implemented, one of which is mudharabah contract. Mudharabah contract is a business cooperation between two parties where the first party (shahibul maal) provides the capital while the second party becomes the manager (mudharib). The purpose of this study is to find out more about the teacher Al Amien Prenduan's perceptions of the mudharabah contract that has been implemented at BNI Sharia Sumenep. The researchers use a case study qualitative research. The methods used are interview and documentation methods. The results show, the majority of teachers at Al Amien Prenduan used savings at the BNI Sharia Sumenep bank. Knowledge of the existence of sharia banks is evident in the form of savings which are mostly used by Al Amien Prenduan teachers. However, the promotion carried out by the sharia bank is felt by the teacher Al Amien Prenduan. The Al Amien Prenduan teachers’ understanding of mudharabah contract is felt to be less influencing perceptions of the operational system and also the way of services provided. Meanwhile, Al Amien's teacher do not understand more deeply about mudharabah contract, among others, due to lack of information and lack of socialization from the financial institution.
Konsep Waris Anak Angkat dalam Wasiat Wajibah Perspektif KHI dan Prof. Wahbah Zuhaili Nur Farikha; M. Ali Syaifudin Zuhri
Rechtenstudent Vol. 1 No. 3 (2020): Rechtenstudent December 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.v1i3.32

Abstract

When a human couple performs a marriage, then both are not blessed with a child. One way for the couple is to adopt a child, the law is fine as long as it fulfills the conditions prescribed by religion. This was done by the Prophet Muhammad. Adoption of children must meet state requirements, namely through court channels. Because something related to the rules certainly has a positive impact on the public, namely maslahah ummah. There are several legal consequences when someone is adopted as a child, one of which is if one of the adoptive parents or the adopted child has died there is an appreciation given by one of them. The author conducted this research to describe the concept of wills for adopted children in the distribution of inheritance according to KHI and Prof. Wahbah Zuhaili. The author in this study uses the analytical approach research method, namely an approach that is carried out by analyzing the thoughts of a character in this case Prof. Zuhaili, and its comparison with KHI. The conclusion found in this study is the wills of the compulsory will be something very new in Islam, especially when it comes to adopted children. Therefore, the concept of inheritance for adopted children is in the form of a mandatory will, which has been stipulated in the Islamic Law Compilation that a will when it is not disclosed by the adoptive parents, the adopted child will still receive a will, at most a third of the assets of the adoptive parents. Meanwhile, Prof. Wahbah Zuhaili stated that the will is obligatory for relatives and parents (people who are related by blood) because they are prevented from inheriting.
Dampak Medioker di Era Jokowi-Jk terhadap Welfare State Berdasarkan UU No. 17 Tahun 2007 tentang RPJP Nasional Maulida Maulaya Hubbah
Rechtenstudent Vol. 1 No. 3 (2020): Rechtenstudent December 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.v1i3.33

Abstract

President Joko Widodo and his deputy Jusuf Kalla after being inaugurated to form and inaugurate his cabinet on October 27, 2014, however, there are several names of ministers whose capacity is still in doubt, because they still involve ministers indicated in corruption cases as reported by the People's Decree Movement and the Civil Coalition to the Commission Corruption Eradication (KPK). Therefore, in the end, it raises public concern regarding its work ethic which will have an impact on the vision of the welfare state of the Indonesian State based on Law Number 17 of 2007 concerning the National Long-Term Development Plan (RPJPN). The focus of the problems examined in this thesis are 1). How is the process of preparing the Cabinet for the Jokowi-JK era for the 2014-2019 period. 2). What is the mediocre impact of the Jokowi-JK administration on the vision of the welfare state based on Law Number 17 of 2007 concerning the National Long-Term Development Plan (RPJPN)? This research is carried out by reviewing and examining written sources relevant to the object of discussion so that clear data can be obtained, the object of study includes basic norms or rules, legal principles, laws, and regulations so that it is termed normative legal research. or also known as library law research, library research.
Transformasi Pemikiran Hukum Pidana Islam Terhadap Hukum Pidana Nasional (Analisis Implementatif Jarimah Hudud, Qishash dan Ta’zir) Budi Dermawan; M. Noor Harisudin
Rechtenstudent Vol. 1 No. 3 (2020): Rechtenstudent December 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.v1i3.34

Abstract

National Criminal Law is currently felt that it does not fulfil the value of justice, certainty and legal usefulness in people's lives because of the number of criminal acts. That has recently occurred makes the law no longer a social control but instead uses the law as an opportunity to take action. Criminal law, this can be due to the lack of a deterrent effect caused by the criminal law itself. Many attempts have been made to implement Islamic criminal law in Indonesia. Still, it is poorly considered by the community because it is understood that Islamic criminal law is only partially understood. Whereas the purpose of Islamic criminal law is to maintain religion, reason, soul, descent and property for the sake of achieving justice, certainty and actual legal benefits. The focus of the problems in writing this thesis are 1). What are the concepts of Jarimah Qishash, Hudud, and Ta'zir in Islamic Criminal Law? 2). How is the Transformation of Jarimah Qishash, Hudud, and Ta'zir in Islamic Criminal Law Against National Criminal Law in Indonesia? The purpose of this research is to describe the concept of Jarimah Qishash, Hudud, and Ta'zir regarding Islamic Criminal Law. As well as to explain the Transformation of Jarimah Qishash, Hudud, and Ta'zir Against National Criminal Law. To identify some of these problems, this study uses a comparative approach method by comparing Islamic criminal law to national criminal law. Looking for similarities and differences in the two directions. Then combine it with the concepts used, then connect and dialogue with other ideas and then make interpretations and conclusions as a reflection of the author so that in the end, the research conclusions will be obtained.
Analisis Hukum Islam Terhadap Putusan Pengadilan Agama Jember tentang Penetapan Status Ahli Waris Non Muslim (No.1050/Pdt.G/2016/Pa.Jr) Saddam Husein; Martoyo Martoyo
Rechtenstudent Vol. 1 No. 3 (2020): Rechtenstudent December 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.v1i3.35

Abstract

The Religious Court is a court that has the authority to adjudicate cases for Muslims. In the Jember Religious Court's decision No.1050 / Pdt.G / 2016 / PA.Jr explained that the Plaintiff, who is one of the children of the heir and the other five plaintiffs, filed a lawsuit against four defendants and seven co-defendants regarding inheritance cases; in this case, the inheritance is still not distributed by the heir to the heirs entirely. And the property is still controlled by one defendant. Also, the decision of the panel of judges is interesting. From the inheritance distributed in Islam, there are descendants of heirs who are non-Muslim who also receive a share of the estate. The research method used in this study is a normative research method with two approaches. Those are the case and the statute approach. This study found that: First, the construction of the case on the Jember Religious Court No. 1050 / Pdt.G / 2016 / PA.Jr is the five Plaintiffs against the eleven defendants. The plaintiffs filed the lawsuit because they stated that their parents were Muslims. With this, the plaintiffs want their inheritance to be distributed under Islamic law. Second, the Decidendi Ratio of the Panel of Judges in deciding cases is the provision of Article 49 paragraph (1) letter (b) of Law no. 7 of 1989 the Religious Court's authority to handle Inheritance cases for people who are Muslim.  
Implementasi Peraturan Daerah Nomor 6 Tahun 2008 Tentang Pedagang Kaki Lima Terhadap Pembayaran Retribusi PKL di Jember Cindy Alfin Inayah; Ahmad Junaidi
Rechtenstudent Vol. 1 No. 3 (2020): Rechtenstudent December 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.v1i3.36

Abstract

In fulfilling their daily needs, of course, everyone has different ways. One of them is by trading. There are many types of trade, but we often encounter street vendors (PKL). The facilities and infrastructure chosen by most of the street vendors are shoulder roads and sidewalks. This is a strategy to attract buyers who pass by in the street area. But on the other hand, it can also interfere with the convenience of road users and pedestrians. Therefore, it is for street vendors who are the attention of the local government. To help street vendors, the Regional Government of Jember Regency drafted and ratified Regional Regulation No. 6 of 2008 concerning Street Vendors. One of the points discussed in the regional regulation is the payment of levies. The purpose of this research is to read and analyze the implementation of payments from street vendors and apply it in Jember Regency. This research is qualitative research with a juridical approach and a sociological approach. Keywords: Street Vendors, Levies, Local Government.
Sistem Utang Piutang Pupuk Dibayar Gabah di Jember Perspektif Fiqih Muamalah dan Hukum Positif Siti Muhlisah
Rechtenstudent Vol. 1 No. 3 (2020): Rechtenstudent December 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.v1i3.37

Abstract

Discussing about debt and credit is not foreign to everyone's ears. Accounts receivable is an agreement between one party and another with the agreed object and will be returned within a certain time as agreed. Debt and credit is a form of muamalah which is ta'awun (please help). The fact is that many debts and receivables are not following sharia and law in Indonesia. This study aims to determine and analyze how the practice of fertilizer receivables is paid with grain from the perspective of Fiqh Muamalah and Positive Law. The research method used is descriptive qualitative. The results of this study found that according to Fiqih Muamalah, the fertilizer receivable payable system is paid with grain that the transaction is allowed, but every addition in fertilizer receivables is paid with grain required by the creditor is usury. The practice of the fertilizer debt system being paid with grain also contradicts the principles of the contract, one of which is the divine principle, the principle of justice, and the principle of writing. In the Positive Law, the fertilizer accounts payable system is paid with the grain if it refers to the Supreme Court decision dated December 4, 1975, No. 804 K / Sip / 1973 principal debt plus 6% interest, because 6% interest is the usual interest at the time the agreement was held. And must be stipulated in writing. Meanwhile, the interest in the debt and credit is more than 70%.
Konsep Kafa'ah: Studi Pandangan Habaib di Kabupaten Jember Aba Fahmi Roby
Rechtenstudent Vol. 1 No. 3 (2020): Rechtenstudent December 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.v1i3.38

Abstract

In a marriage, in addition to the terms and conditions that affect whether or not a marriage is legal, there are other rules, including the concept of kafa'ah. Kafa'ah, namely equality between prospective husbands and future wives in various matters including religion (din), descent (nasab), position (hasab) and the like. The term kafa'ah is also known among the Habaib in Jember Regency. Habaib circles, especially in Jember, set specific criteria for the concept of kafa'ah. The existence of the concept of kafa'ah then gave birth to differences of opinion among the Habaib in Jember Regency. This study used a descriptive qualitative research approach, primary data sources were obtained from individuals or individuals such as interviews, while secondary data sources were obtained from scientific publications in the form of books, books, theses, journals, previous research, and related articles. The data source was obtained using interviews and documentation. The data obtained were analyzed using the empirical normative method and tested for its validity by triangulation. The result is a conclusion that a Syarifah is required and attempted to marry Habaib because he is considered sekufu 'as both descendants of the Prophet SAW. Even among some Habaib in Jember Regency that kafa'ah is included in the category of rukun marriage. So that the conclusion that Syarifah married a man not descended from Habaib, apart from being able to break her lineage, also had its social impact.
Implementasi Prinsip-Prinsip Good Governance dalam Memajukan Kabupaten Jember Moh Anwar Nuris
Rechtenstudent Vol. 1 No. 3 (2020): Rechtenstudent December 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.v1i3.39

Abstract

In realizing good governance in government, we need a foundation to make it happened. Good governance is the basis for the value of government administration which is oriented towards restoring the community's dignity in order to rebuild the image of the government as a just servant. This was accompanied by the increasing demands for democracy, recognition of human rights, which resulted in demands for management characterized by good governance. The results show that: (1) The application of the principles of good governance in the Jember Regency Government is still insufficient because of the many violations committed by the government (2) the process of applying the principles of good governance in advancing Jember Regency is still lacking due to the many violations committed by the government. Jember Regency Government in carrying out alleged violations of statutory regulations. Starting from the management of the State Civil Apparatus (ASN), the use of government apparatus authority, and the management of regional finances which have a massive impact on ASN and the community so that the impeachment of the Regent of Jember by the Regional House of Representatives (DPRD Jember) affects the implementation of government in Jember Regency so that it has an impact on the performance of the Regent of Jember. (3). Factors that hinder the preparation of the RAPBD in implementing the principles of good governance in Jember Regency.

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