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INDONESIA
JURNAL RECHTENS
ISSN : 19077114     EISSN : 26221802     DOI : -
Core Subject : Social,
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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Articles 6 Documents
Search results for , issue "Vol. 6 No. 1 (2017): Juni" : 6 Documents clear
Penerapan Undang-Undang Tindak Pidana Korupsi terhadap Pelaku Tindak Pidana Perbankan pada Bank Sulawesi Utara (Studi Putusan Nomor: 383/PID.B/2011/PN.MDO Ahmad Yunus
JURNAL RECHTENS Vol. 6 No. 1 (2017): Juni
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (221.455 KB) | DOI: 10.36835/rechtens.v6i1.200

Abstract

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.
Diskresi Pemberhentian Sekretaris Dewan Perwakilan Rakyat Daerah Kabupaten Jember Rudi Adrianus Riri Hena
JURNAL RECHTENS Vol. 6 No. 1 (2017): Juni
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (240.036 KB) | DOI: 10.36835/rechtens.v6i1.196

Abstract

The Regional Government Act does not contain regulatory norms and provides guidance on the submission mechanism of DPRD secretary candidates, including not providing direction for the approval process and the maximum period of approval process. Even Government Regulation No. 18 of 2016 on Regional Devices that should describe more technical Law on Regional Government did not also regulate the mechanism, process or period of time. This certainly causes difficulties in its implementation. Given the uncertainty, the Regent of Faida took discretion to temporarily appoint officials as executors of the secretariat of the DPRD. Faida also mentioned that with the revocation of Local Regulation Number 15 Year 2008 regarding Organization  and  Working  Procedure  of  Jember  Regency,  the  arrangement  of  regional apparatus must adjust Article 3 of Regional Regulation Number 3 Year 2016, effective effective January 2, 2017. The juridical consequence of this adjustment is that All regional apparatuses including Farouq's parliamentary secretary should be first-line. This is because the regional devices are still formed based on perda that have been revoked. Its own discretion of the legal basis is the provision of Law Number 30 Year 2014 on Government Administration.
Penanganan Tindak Pidana di Bidang Perikanan berdasarkan Peraturan Perundang-Undangan di Indonesia Yuli Winiari Wahyuningtiyas
JURNAL RECHTENS Vol. 6 No. 1 (2017): Juni
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (221.106 KB) | DOI: 10.36835/rechtens.v6i1.197

Abstract

Under the regulations of Law No.31 of 2004 JO Act 45 of 2009 on Fisheries. Indonesia is an archipelago of Indonesia's fishery potentials spread almost throughout the region of sea waters, such as the archipelago, the waters of the territorial sea and the exclusive economic zone of the sea periran. However, the management still many frauds committed by persons who are not responsible. In Indonesia alone, especially in the field of fisheries is still a lot of colored lawlessness done in various ways, the use of fishing gear that is not environmentally friendly, transhipment, and violations of fishing ground. Weak law enforcement criminal acts in the field of fisheries, among others because of the lack of adequate legal tools and institutional support is good, the various problems faced among other limitations of Human Resources who have an understanding of cases of criminal acts in the field of fisheries. Court fishery authority to examine, hear and decide the Crime in the field of fisheries., Tribunal  fishery is  intended  to  ensure the implementation  fish  resources  optimally and provide clarity and legal certainty in law enforcement against criminal acts in the field of fisheries and is expected to provide recommendations policies to implement the rules and refine the rules of court fisheries.
Ratio Legis Perbedaan Rumusan Delik Pasal 2 dan Pasal 3 Undang-Undang Nomor 31 Tahun 1999 Jo. Undang-Undang No. 20 Tahun 2001 tentang Pemberantasan Tindak Pidana Korupsi Gatot Triyanto
JURNAL RECHTENS Vol. 6 No. 1 (2017): Juni
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (235.56 KB) | DOI: 10.36835/rechtens.v6i1.198

Abstract

The qualification of criminal acts of corruption is as stated in Article 2 and Article 3 of Law no. 31 year 1999 jo. UU no. Law No. 20 of 2001. In further detail, according to Article 2, the meaning  of  a  criminal  act  of  corruption  has  the  following  elements:  Every  person; Unlawfully; Perform an enriching act of self or another person or a corporation; Which can harm the state finance or state economy. Whereas according to Article 3 the elements of corruption acts, are as follows: Every person; For the purpose of benefiting oneself or others or a corporation; Abuses any authority, opportunity or means available to him due to position or position, which may harm the state's finances or the economy of the country. Article 2 and Article 3 mentioned above, there are differences and similarities. The equality of the two chapters lies in the imposition of the "Everyone" and the Elements "may harm the state economy and state finances". As for the difference lies in the formulation of Article 2 which states the phrase "unlawfully" and "enrich themselves or others or a corporation", while the formulation of article 3 includes the phrase "Abusing the authority, opportunity or means available to him because of position or position "And" to benefit oneself or others or a corporation. "
Telaah Hukum tentang Pembatalan Peraturan Daerah (PERDA) oleh Pemerintah Pasca Putusan Mahkamah Konstitusi Nomor : 56/PUU-XIV/2016 Fathorrahman Fathorrahman
JURNAL RECHTENS Vol. 6 No. 1 (2017): Juni
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (312.594 KB) | DOI: 10.36835/rechtens.v6i1.199

Abstract

After the revocation of several paragraphs in Article 251 of Law Number 23 Year 2014 on Regional Government by the Constitutional Court, the Central Government no longer has the authority in an effort to overrule the Regional Regulations of the Regency / City. The cancellation of the perceived regional regulation must be through the instrument of the judiciary, in which case its cancellation must be through judicial review to the Supreme Court. So the principle of executive review is no longer allowed cancellation of a Perda and Perkada by the government that is above it.
Fungsi Legislasi Badan Permusyawaratan Desa (BPD) dalam Pembentukan Peraturan Desa Dodik Prihatin AN
JURNAL RECHTENS Vol. 6 No. 1 (2017): Juni
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (133.46 KB) | DOI: 10.36835/rechtens.v6i1.195

Abstract

Village regulations are village-level legal products established by the village head along with the Village Consultative Board in the context of the administration of the village administration. Village regulations are a further elaboration of the higher laws by taking into account the socio-cultural conditions of local communities. The Village Consultative Body (BPD), which then called BPD, has the function of establishing village regulations with village heads, accommodating and channeling the aspirations of the community, therefore BPD as a deliberative body originating from the village community, in addition to carrying out its function as a bridge between the village head and the village community, primarily, the function of representation (Representative). The role of the Village Consultative Body is to establish village regulations with village heads, to accommodate and channel the aspirations of the people. The Village Consultative Body is a representative of the villagers determined by deliberation and consensus.

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