cover
Contact Name
Suphia
Contact Email
suphia@uij.ac.id
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Journal Mail Official
jurnalrechtens@gmail.com
Editorial Address
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Location
Kab. jember,
Jawa timur
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.
Arjuna Subject : -
Articles 136 Documents
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.
Upaya Hukum Perlawanan Pihak Ketiga ( Derden Verzet ) terhadap Putusan Pengadilan yang Berkekuatan Hukum Tetap dalam Perkara Perdata Bendesa Made Cintia Buana
JURNAL RECHTENS Vol. 3 No. 2 (2014): Desember
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (232.136 KB) | DOI: 10.36835/rechtens.v3i2.96

Abstract

In any civil activity always bore legal consequences for the parties concerned. But there are times when the parties are not able to carry out the legal consequences. So that there arises a civil case that later settled in the district court where the legal events that occurred. Starting from the existence of a lawsuit filed by the plaintiff, then the plaintiff and defendant mutually upfront faced trial. From this civil proceedings conducted until the final stage of the court decision.
Kebijakan Integral Hukum Pidana dengan Technology Prevention dalam Upaya Pencegahan Kejahatan Cyberbullying Firda Laily Mufid
JURNAL RECHTENS Vol. 7 No. 2 (2018): Desember
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (300.779 KB) | DOI: 10.36835/rechtens.v7i2.378

Abstract

Cybercrime is human activity in the world mayantara who has made the computer as the evil deeds for example illegal access, to the destruction of the site , the interception of illegal , and the activities of humans which uses computers as the evil of the target credit card forgery for example, pornography via the internet. One of evil in the world mayantara namely cyberbullying that is a form of intimidation the guilty person or more to pigeonhole, discredit, to men through cyberspace. This intimidation do not haphazardly as a result, it was not uncommon death be the end of cyberbullying. Cyberbullying too are defined as a form of intimidation to which the offender do to harass his victims through technology device. Investors want to see someone gets hurt , there are a lot of the way they do to strike the victim with a message cruel and pictures of a disturbing and disseminated in order to embarrass incense to anyone Keywords: Cybercrime, cyberbullying, intimidation, technology 
Peran Pemangku Adat Suku Tengger dalam Menjalankan Sistem Hukum Adat Fatmawati Fatmawati
JURNAL RECHTENS Vol. 5 No. 1 (2016): Juni
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (202.034 KB) | DOI: 10.36835/rechtens.v5i1.126

Abstract

Advances in science and technology has led to erosion of the values of the authenticity of the Indonesian nation, known as the number of local wisdom. Indigenous peoples Tengger Wonokitri Village is a village where people are obedient to the positive law in Indonesia as well as keep the Law of indigenous patrimony. They were led by a Shaman or customary holders who chaired the Tengger community as a big family led social life, maintain and protect the lives of law to run it properly. Chairman of the joint indigenous people routinely hold salvation always known by the village or ceremonial "Entas-Entas" and "Indigenous Mayu" that has always existed existence until hereditary. Traditional authorities play a role over the actions of the customs and worship, as well as the legal act that is a crime, marriage, inheritance and land affairs related to the close affinity between the land and indigenous peoples. Customary law society Tengger tribe is able to synchronize and synergize well against positive law in Indonesia. The society is able to open up and adopt its rules of customary law from the outside if a positive impact on society. Activities traditional authorities aided by assistants (comprised of elderly or legen wong) the problems that occur in the community.
Upaya Hukum Keberatan terhadap Putusan Badan Penyelesaian Sengketa Konsumen (BPSK) Supianto Supianto
JURNAL RECHTENS Vol. 2 No. 2 (2013): Desember
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (203.842 KB) | DOI: 10.36835/rechtens.v2i2.86

Abstract

One of the efforts to resolve disputes that arise between businesses and the consumers, the government established the Consumer Dispute Settlement Body (BPSK). BPSK formed to handle the settlement of consumer disputes based on the principle of efficient, fast, inexpensive and professional. Any consumer who feels aggrieved by the business can file complaints through Consumer Dispute Settlement Body (BPSK). Settlement of consumer disputes filed with the BPSK must be completed no later than twenty-one working days after the claim is received by BPSK. At the end of the settlement process, the results are set forth in a BPSK decision which is final and binding. Against this decision, the parties do not accept or not satisfied with the content of BPSK decision may appeal to the District Court.
Perlindungan Hukum Pekerja Pemegang Saham di PT. Bank Central Asia Tbk Sidi Alkahfi Setiawan
JURNAL RECHTENS Vol. 2 No. 1 (2013): Juni
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (298.411 KB) | DOI: 10.36835/rechtens.v2i1.76

Abstract

Looking at the existing problems in the business world, (including in the label industry company engaged in the field of banking services) as a symbol of the dominant economic system, became inherently clear, structure and function is an anti-thesis of a law for the protection of workers, both always contradictory, found the gap between das sollen (must) with das sein (reality) and always appeared discrepancy (gap) between the law in the books and law in action. The gap between das sein das sollen and is due to the difference in perspective between the interests and principles of law (protection of workers) and economic interests (corporate profits), while the law requires the fulfillment of the rights of workers to the maximum, on the corporate side, it actually felt as a barrier because it would reduce the profit or gain. Based on the fact that the authors formulate the problem, which then could conclude as the root of the problem concerning the Legal Protection of Shareholders Workers in PT Bank Central Asia Tbk. Therefore, the need for revision of the package of labor legislation, in order to be able to walk up to the expectations of the presence of packet rules existing labor regulations empower Labour / Trade Unions to be able to carry out the purposes and functions well, the fight for workers' welfare.
Peran Pemerintah Kabupaten Jember dalam Rangka Pembinaan, Pengawasan Kegiatan Tambang di Kabupaten Jember Yuli Winiari Wahyuningtyas
JURNAL RECHTENS Vol. 7 No. 1 (2018): Juni
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (297.213 KB) | DOI: 10.36835/rechtens.v7i1.369

Abstract

In addition to the great potential in agriculture, Jember Regency also has another potential, one of which is in the mining sector. According to data sources from the Jember Information Center, the potential for mining in both sand, iron, manga and mines in Jember Regency is spread in several districts, namely: Puger, Wuluhan, Ambulu, Silo, Pakusari, Ledokombo and Sukowono Subdistricts. The existence of various regional potentials initiated the Jember Regency Government to make Regional Regulations namely Regional Regulation No. 1 of 2015 concerning the Jember Regency Spatial Planning as an effort to regulate the Jember area both in the infrastructure and potential sectors of the local area. Related to licensing, Regional Regulation No. 1 of 2015 concerning the Regional Spatial Planning of the Jember Regency RTRW states under the direction of licensing in the form of licenses related to space utilization permits which must be held according to the provisions of legislation before the implementation of spatial utilization.
Formulasi Delik dalam Tindak Pidana Korupsi Gatot - Triyanto
JURNAL RECHTENS Vol. 6 No. 2 (2017): Desember
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (217.024 KB) | DOI: 10.36835/rechtens.v6i2.202

Abstract

In the context of law enforcement, judges are often confronted with two options for article 2 and article 3 of Law No.31 of 1999 jo. Law no. 20 of 2001 on the Eradication of Corruption. in that provision which of course depends on the criminal acts that occur and the facts revealed in the hearing. Article 2 is broader than Article 3 in the effort to ensnare the perpetrators of corruption. It is this option space that potentially creates legal uncertainty. Moreover, in the elucidation of Article 2 it is said that although the criminal act of corruption is a formal offense and material but social norms are also used as a basis even though it is not regulated in legislation. Even the size to ensnare the offender is enough with the fulfillment of the elements of the deed done, not on the consequences. If legal uncertainty becomes a problem in the law enforcement process to combat corruption then of course such a reality would hurt human rights values.
Analisis Yuridis Penjatuhan Pidana terhadap Anak Pelaku Pidana yang Diancam dengan Ketentuan Pidana yang Memiliki Ketentuan Ancaman Minimal Khusus Samuel Saut Martua Samosir
JURNAL RECHTENS Vol. 3 No. 2 (2014): Desember
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (166.192 KB) | DOI: 10.36835/rechtens.v3i2.103

Abstract

One of the criminal provisions that have specific minimum criminal sanctions and can only be done by a child actor is the provision referred to in Article 81 of Law No. 23 of 2002 on the Protection of the Child which states that any person who knowingly commit violence or threats of violence to force children sexual intercourse with him or with another person, shall be punished with imprisonment of fifteen (15) years and a minimum of 3 (three) years ....., but the laws of the criminal justice system in addition to providing kakhususan for child actors, namely as under the provisions of 81, paragraph 2 of Law criminal Justice System Child which states that imprisonment can be imposed on the longest Son 1/2 (one half) of a maximum penalty of imprisonment for adults, it is based on the principle of lex specialis derogat legi generali, rules general no longer have the force of law when there are specific rules, which in this case is the set of criminal punishment for child offenders.
Pertanggungjawaban Direktur atas Kewenangan Mewakili Perseroan Terbatas yang telah Habis Masa Kepengurusannya Eduard Rudy Suharto
JURNAL RECHTENS Vol. 8 No. 1 (2019): Juni
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (281.043 KB) | DOI: 10.36835/rechtens.v8i1.488

Abstract

The Board of Directors is the only organ of the company that has power, authority and is fullyresponsible for managing the company solely for the interests of a company, in accordancewith the company's goals and objectives, and has the power, authority and responsibility torepresent the company both inside and outside the court with the provisions of the articles ofassociation that have been made. Directors in the Company have a term of office as stated inthe Deed of Establishment of a Limited Liability Company. If the term of office of the Board ofDirectors is exhausted, then it must be done by the GMS. If the Board of Directors does nothold a GMS, then the position of the Board of Directors is not valid before the Law and doesnot have an interest in representing the Company either inside or outside the Court.Keywords : Directors, RUPS, Court

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