JURNAL RECHTENS
Jurnal Rechtens adalah media per-semester yang diterbitkan oleh Fakultas Hukum Universitas Islam Jember (UIJ) sebagai upaya mempublikasikan ide, gagasan dan kajian hukum serta perkembangan hukum baik secara teori maupun praktek. Jurnal Rechtens ditujukan bagi para pakar, akademisi, praktisi, penyelenggara Negara, kalangan pemerhati dan penggiat dalam bidang hukum.
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136 Documents
<![CDATA[Peraturan Delegasi dalam Sistem Peraturan Perundang-Undangan Indonesia ]]>
<![CDATA[Fathorrahman Fathorrahman]]>
<![CDATA[ JURNAL RECHTENS Vol. 7 No. 2 (2018): Desember ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.36835/rechtens.v7i2.376
<![CDATA[Delegation regulations are laws and regulations made by other institutions or authorities which are delegated from the legislature to the executive body. Another meaning of the delegation regulation is the implementing regulations of the Act. As an executor, this authority can occur if the authority is delegated from the law as the parent who gives the delegation. In the Indonesian legislative system, there are many forms and types of delegation regulations, both from the parent side that delegates and the rules that get delegates. Regulations on Regulations Delegates in the Indonesian legal system are still various forms and types. Both from the parent side that delegates and the rules that get delegates. And there are still regulatory delegations to institutions that are not authorized to make legislation, such as delegations to judicial institutions / bodies, even though the institution is an institution that does not have the authority to make a general binding regulation. Keywords : Regulation, Delegation, Regulatory System]]>
<![CDATA[Proses Penyidikan terhadap Tindak Pidana Persetubuhan Terhadap Anak dibawah Umur di Polres Jember (Studi Kasus Perkara No. BP/447/XII/2011/Reskrim) ]]>
<![CDATA[Gatot Triyanto]]>
<![CDATA[ JURNAL RECHTENS Vol. 5 No. 1 (2016): Juni ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.36835/rechtens.v5i1.124
<![CDATA[Duties and authority of the police is not just become an investigator after the case occurred but will also have an important role in preventing the occurrence of felony obscenity against children, since children are so precious asset of the nation, becoming a beacon of hope for the nation's future. In connection with legal proceedings related to the process of investigation of criminal intercourse against minors are facts that the implementation process of the investigation of the crime of sexual intercourse with the accused minors are examined in the office of the Police Resort Jember has been done by the criminal procedural law, it is seen from had done investigator action procedures in conducting the investigation. Although the rights of the child suspects in the investigation process in the Police has been implemented smoothly. But on the contrary the application of the rights of children as victims of crime, has not been fully implemented. The victim if only as a witness and less attention on the state of mental trauma after giving information about the incident before investigators.]]>
<![CDATA[Prinsip Hukum Pengamanan Eksekusi Benda Jaminan Fidusia oleh Kepolisian Negara Republik Indonesia ]]>
<![CDATA[Kukuh Sugiarto Kurniawan]]>
<![CDATA[ JURNAL RECHTENS Vol. 2 No. 2 (2013): Desember ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.36835/rechtens.v2i2.84
<![CDATA[Indonesian National Police are in charge of the state apparatus and serves to maintain security and public order, law enforcement, protection, guidance, and service to the community. Police of the Republic of Indonesia as a country that is authorized to provide security assistance in the implementation or execution of court decisions fiduciary. The fiduciary safeguards provisions contained in the Police Regulation No.8 of 2011. Police Regulation No.8 of 2011 as a guideline for the Indonesian National Police to secure the execution of fiduciary. Fiduciary execution is an integral part of the law of civil procedure, so the Police Regulation 8 of 2011 must not be contrary to the law of civil procedure.]]>
<![CDATA[Kepemilikan Hak Milik atas Satuan Rumah Susun ]]>
<![CDATA[Andy Hartono]]>
<![CDATA[ JURNAL RECHTENS Vol. 2 No. 1 (2013): Juni ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.36835/rechtens.v2i1.74
<![CDATA[Residential flat is an efficient alternative for some circles. there are three kinds of flat are flats, apartments and flats Condominium where the rest of the settings are set in Law 20 of 2011 on the Flats. System ownership flats arranged separately with other home ownership system, in this case the dwelling unit. Characteristics of property rights is the right of ownership of flats that can be owned by individuals and legal entities designated by the government, but ownership is not separate from the ownership and possession of land rights in the apartment units are not fully embrace the principle of horizontal separation because ownership ground on an apartment units with ownership.]]>
<![CDATA[Kebijakan Formulasi Penyidikan Tindak Pidana Terorisme ]]>
<![CDATA[Ahmad Yunus]]>
<![CDATA[ JURNAL RECHTENS Vol. 7 No. 1 (2018): Juni ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.36835/rechtens.v7i1.367
<![CDATA[Terrorism is a crime against humanity and civilization and is one serious threat to the sovereignty of every country. As a manifestation of the handling and handling of terrorist acts of terrorism the Indonesian government established national legislation. Referring to international conventions and legislation relating to terrorism, the government issued Government Regulation in Lieu of Law No. 1 of 2002, which was then approved by the House of Representatives into Law No. 15 of 2003 on Combating Terrorism Crimes. Along with the enactment of the Act on Criminal Acts of Terrorism, it appears that some of the weaknesses of the Act is one of them that is related to the process of investigation in Article 26 Paragraph 2 of the Law on Combating Terrorism Criminal which is considered too long process to the exclusion that the criminal act of terrorism is Extra Ordinary Crime (extraordinary crime). Based on the above description of the issues discussed there are 2 (two), namely: First, Is the formulation of the investigation policy in Law Number 15 Year 2003 on the Eradication of Criminal Acts of Terrorism can prevent the occurrence of criminal acts of terrorism. Second, how is the formulation policy of investigation in the Anti-Terrorism Penal Code in the future.]]>
<![CDATA[Penerapan Undang-Undang Tindak Pidana Korupsi terhadap Pelaku Tindak Pidana Perbankan pada Bank Sulawesi Utara (Studi Putusan Nomor: 383/PID.B/2011/PN.MDO ]]>
<![CDATA[Ahmad Yunus]]>
<![CDATA[ JURNAL RECHTENS Vol. 6 No. 1 (2017): Juni ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.36835/rechtens.v6i1.200
<![CDATA[The birth of new forms of crime are so complex as non-conventional crime is corruption, banking, money laundering, corporate crime, cybercrime and others is a consequence of the development of science and technology that can generate positive and negative impacts. Relating to corruption cases in Indonesia, legally Manado District Court Decision No. 383 / Pid.B / 2011 / PN.MND interesting to study, especially from the aspect of suitability public prosecutor charges that apply Law No. 31 of 1999 as amended by Law No. 20 of 2001 on Corruption Eradication by defendant Anivolvia Damal, SH who commit criminal acts of corruption at the bank where he works and suitability considerations judges in imposing criminal defendant by Article 14 of Law No. 31 of 1999 as amended by Law No. 20 of 2001 on Corruption Eradication. The problems discussed in this paper there are two: the first related to the suitability of the prosecution charges that apply Law No. 31 of 1999 as amended by Law No. 20 Year 2001 on Eradication of Corruption with the actions of the defendant who committed the crime of banking and related conformity second rationale judges in imposing criminal defendant by Article 14 of Law No. 31 of 1999 as amended by Law No. 20 of 2001 on Corruption Eradication.]]>
<![CDATA[Analisis terhadap Alternatif Penyelesaian Sengketa (APS) Ditinjau dari Sosiologi Hukum ]]>
<![CDATA[Harijanto Harijanto]]>
<![CDATA[ JURNAL RECHTENS Vol. 3 No. 2 (2014): Desember ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.36835/rechtens.v3i2.100
<![CDATA[Conflict, dispute, breach or dispute between or related two individuals or more, has been and will continue to be a common phenomenon in society. The situation will be more troublesome world of law and justice when all the conflict, dispute or disputes to be prosecuted by the justice. Most important in the case of a dispute or disagreement is how to be able to resolve the dispute wise, peaceful and civilized. Dispute resolution outside of court actually has noble values and has practiced in the community in Indonesia. The mechanism actually have a legal basis and has had a precedent and never practiced in Indonesia. The mechanism also has the potential for further development in Indonesia.]]>
<![CDATA[Kedudukan Kreditur atas Objek Jaminan Fidusia yang Belum dibagi karena Adanya Perceraian ]]>
<![CDATA[Fandi Septi Riyanto]]>
<![CDATA[ JURNAL RECHTENS Vol. 8 No. 1 (2019): Juni ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.36835/rechtens.v8i1.486
<![CDATA[Fiduciary is the transfer of ownership rights of an object on the basis of trust provided thatthe object whose ownership rights are transferred remains in the possession of the owner ofthe object. Whereas what is meant by Fiduciary Guarantee is the guarantee right for movableobjects both tangible and intangible and immovable objects, especially buildings that cannotbe burdened with mortgages, which remain in the control of the Fiduciary Giver, as certaindebt repayment collateral that gives priority position to Fiduciary Recipients against othercreditors. Items loaded with a Fiduciary Guarantee must be registered. Registration for aFiduciary Guarantee is carried out at the Fiduciary Registration Office. However, if theregistration of Fiduciary Guarantee to be registered with the Office of Fiduciary Registrationis a matter of property that has not been shared with the former creditor's wife against thevehicle due to divorce, it can be said that the agreement can be canceled, so there is no legalcertainty for the recipient of Fiduciary Guarantee. If the Fiduciary Registration Office issuesand submits a Fiduciary Guarantee Certificate to the Fiduciary Recipient on the date that isthe same as the date of receipt of the application for registration. This Fiduciary GuaranteeCertificate is a copy of the Fiduciary Register Book. By obtaining a Fiduciary Guaranteecertificate, the creditor or fiduciary guarantee recipient immediately has the right of directexecution (parate execution). The legal strength of the certificate is the same as the court'sdecision which has permanent legal forceKeywords : Fiduciary Guarantee, Creditors, Execution.]]>
<![CDATA[Aspek Hukum Sewa Rahim (Surrogate Mother) dalam Perspektif Hukum Perdata dan Hukum Pidana ]]>
<![CDATA[Aditiya Wiguna Sanjaya]]>
<![CDATA[ JURNAL RECHTENS Vol. 5 No. 2 (2016): Desember ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.36835/rechtens.v5i2.129
<![CDATA[Technological developments in the field of medicine, have found a new method that is artificial insemination, known as in vitro fertilization or IVF. Surrogate mother has become another alternative for some couples who do not or can not have children through IVF methods namely lease uterus of a woman who was not his wife. Surrogate mother is a woman who is willing to rent her womb, with an agreement to pregnancy, childbirth in exchange for some material and then handed back the baby to couples who can not have children because the wife could not contain, however, in its development it raises ethical issues and legal which is pretty much the previously unthinkable.]]>
<![CDATA[Kajian tentang Kompetensi Peradilan Mahkamah Konstitusi Terkait dengan Penetapan Pasangan Calon Kepala Daerah ]]>
<![CDATA[Muhammad Ridhwan]]>
<![CDATA[ JURNAL RECHTENS Vol. 3 No. 1 (2014): Juni ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.36835/rechtens.v3i1.89
<![CDATA[Amendments to the 1945 Constitution , has resulted in a fundamental change that is putting people's sovereignty in the hands of the people who carried out according to the Constitution . Means that the sovereignty of the people remain in the hands of them, as a real form of sovereignty vested in the people in the implementation of the state . Election systems can be realized through the structuring of the system and the quality of the election. Constitution of 1945 outlines the principles of a free and fair election in held as set forth in the Law. In a change that is governed by the provisions of Article 1 act (2) that are intended to optimize and understand sovereignty that followed in Indonesia . Furthermore, elections that are contained in Article 1 act (2) of the Constitution of 1945, sovereignty in people held upon the Law through democratic election to get representatives with integrity, capability, and moral accountability as public officials. Article 24C asserts that "The Constitutional Court has the authority to hear at the first and the last with a final decision to test the Law towards Constitution of 1945, to decide disputes in state institutions with the authority given by the Constitution of 1945, dissolution of political parties, and decide disputes about the results of elections. The Constitutional Court shall make a decision on the opinion of the House of Representatives regarding the alleged violations by the President /Vice- President according to the Constitution.]]>
