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Rechtsnormen Journal of Law
Published by Yayasan Pendidikan Islam Daarut Thufulah
ISSN : 29884454     EISSN : 29884462     DOI : 10.70177/rjl
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Rechtsnormen Journal of Law is a leading international journal focused on the global exchange of knowledge in Law as well as advancing research and practice across law disciplines. The journal provides a forum for articles reporting on original research, systematic and scholarly reviews focused on law from around the world. Rechtsnormen Journal of Law publishes national and international research in an attempt to present a reliable and respectable information source for the researchers.
Arjuna Subject : Umum - Umum
Articles 6 Documents
 1 
Search results for , issue "Vol. 1 No. 2 (2023)" : 6 Documents clear
Determination of Custody Rights (Hadhanah) for Children Who Are Not Yet Mumayiz to the Father Asantia Puspita Rohmah; Prahasti Suyaman; Asti Sri Mulyanti
Rechtsnormen Journal of Law Vol. 1 No. 2 (2023)
Publisher : Yayasan Pedidikan Islam Daarul Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v1i2.307

Abstract

Background. One of the legal consequences of the breakdown of marriage due to divorce is the custody of children, which in fiqh literature is called Hadhanah. Purpose. The purpose of this paper is to: (a) provide information on the distribution of hadhanah rights to fathers for children who are not yet Mumayiz due to divorce. Method. The research method used in this research is a qualitative method with the type of normative juridical research based on primary and secondary legal materials, namely research that refers to the norms contained in the legislation. Hadhanah is a right that must be fulfilled by adults who are required to take care of the needs of a child including providing education and support to children who are not old enough. Results. The results of this study indicate that hadhanah in Islamic law prioritizes the best interests of the child. This is in accordance with the basic principles of Islamic law (found in the Qur'an and Hadith), which state that children have inherent rights in relation to both parents. Likewise, it is used in positive law in Indonesia. Parental authority over children after divorce according to the provisions of the two laws (Islamic Law and Indonesian Positive Law) is in line. Both divorced parents must continue to fulfill their children's hadhanah in accordance with the rights of children in the Child Protection Law, namely, the rights to life, growth, protection and participation. Conclusion. Therefore, when a divorce occurs, it will have certain legal consequences, especially the issue of Hadhanah (child custody). Hadhanah itself in fiqh terms is used two words but intended for the same purpose, namely Kafalah and Hadhanah. what is meant by Hadhanah or Kafalah in a simple sense is 'Maintenance or 'Care.
Implementation of Ta'awun and Sadd Dzari'ah concepts in Mutabarok Bunda Sejahtera Financing at PT. BPRS Magetan Wedi Pratanto Rahayu; Muammar Al Fikri; Guijiao Zou; Lie Jie; Cai Jixiong
Rechtsnormen Journal of Law Vol. 1 No. 2 (2023)
Publisher : Yayasan Pedidikan Islam Daarul Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v1i2.346

Abstract

Background. The importance of conducting this research is because the function and role of Islamic banks does not only solves the capital needs of society, but the practice is in accordance with the constitution and to realize the benefit of society. As contained in this Mutabarok Bunda Sejahtera financing. This financing is not only a solution to the capital needs of small traders but also applies the concept of ta’awun and sadd dzari’ah. Purpose. This research aims to know the implementation of the concept of ta’awun and sadd dzari’ah in the practice of Mutabarok Bunda Sejahtera financing at PT BPRS Magetan. Method. The type of research used in this research is a type of qualitative research, namely research that explores the implementation of a concept applied in the field, namely the implementation of the concept of ta'awun and sadd dzari'ah in Mutabarok Bunda Sejahtera Financing at PT. Results. PT BPRS Magetan is one of the banks in the form of a Limited Liability Company in Magetan Regency, East Java Province, which is based on a sharia system with the largest shares owned by the Magetan Regency Government. Conclusion. Its existence is very helpful to the economy of the people of Magetan Regency, through the activities of raising funds and channeling funds, so that the rotation of the economy of the community can run.
Juridical Review of Minimum Service Standards at Manggarai Station Dhina Setyo Oktaria; Xie Guilin; Deng Jiao; Yuanyuan Wang
Rechtsnormen Journal of Law Vol. 1 No. 2 (2023)
Publisher : Yayasan Pedidikan Islam Daarul Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v1i2.375

Abstract

Background. Manggarai Station is a large type A train station which is the busiest station. Manggarai Station is under construction and is divided into several stages. As a result of the change in the transit route, it causes passenger discomfort, which is poured on social media. Purpose. This study aims to evaluate the station's performance on changes in the transit route for train travel via the Manggarai station for passengers by the provisions of the applicable regulations. Method. The method used in this research is an empirical legal research study, which is a type of research study that seeks data directly from the field or looks at law in a real sense and studies how the law works in society.33 of 2011 Types, Classes, and Activities at Railway Stations and PM No 63 of 2019 concerning Minimum Service Standards for the Transport of People by Train. Results. The results obtained based on previous research with Importance Performance Analysis still show passenger dissatisfaction, and according to laws and regulations, the public as users of transportation services have the right to submit input related to rail transportation so that PT KCI can provide minimum service standards at stations consisting of security and safety, accurate information, ticket sales services, good condition of station facilities, accessibility, assistance and complaint services. Conclusion. In Ministerial Regulation No. 63 of 2019 concerning Minimum Service Standards for the Transport of People by Train, PT KCI is responsible for KRL passengers at the Manggarai train station and while traveling on the train. This research only discusses the responsibility of PT KCI in providing minimum service standards at manggarai station.
Legal Analysis of Cryptocurency Utilization in Indonesia Wira Agustian Tri Haryanto; Muhammad Irayadi; Andri Wahyudi
Rechtsnormen Journal of Law Vol. 1 No. 2 (2023)
Publisher : Yayasan Pedidikan Islam Daarul Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v1i2.390

Abstract

Background. Bitcoin is the world's first digital currency that uses the concept of Cryptocurrency, which is a digital asset designed as a medium of exchange using cryptographic techniques to secure transactions and control the administration of its currency units that are likely to continue to grow in the future. Based on Law No. 7 of 2011 on Currency or cryptocurrencies, Bitcoin cannot be considered as legal tender in Indonesia. Purpose. It is said to be a means of payment because the means of payment in Indonesia is the Rupiah, but based on the Regulation of the Minister of Trade of the Republic of Indonesia Number 99 of 2019, crypto assets are one of the commodities that can be used as the subject of futures contracts traded on futures exchanges. Method. his research uses a statute approach. In addition, a case approach is also used to find out the ratio decidendi used by the Constitutional Court judges in deciding cases of judicial review of laws related to indigenous peoples. Results. This type of research is normative juridical research. The nature of research in this research is descriptive analytical. The type of data used in this research is library research. The validity of crypto asset transactions based on Indonesian contract law which refers to the Civil Code is valid because it fulfills the terms of the agreement in article 1320 of the Civil Code and is supported by the principles contained in the Civil Code itself, including the principle of freedom of contract, the principle of consensualism, the principle of pacta sunt servanda, and the principle of good faith. Therefore, crypto asset transactions are also legalized according to Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) because crypto asset transactions are carried out online through the internet network. Conclusion. The Indonesian government then compiled several rules to accommodate interests as guidelines and clarity for the public regarding the government's recognition of the existence of bitcoin and virtual currencies, namely through the policy of the Minister of Trade of the Republic of Indonesia Number 99 of 2019, and based on the rules of the Bappebti Regulation Number 5 of 2019 concerning Technical Provisions for the Implementation of the Crypto Asset Physical Market on the Futures Exchange.
Criminal Sanctions Against Money Laundering Crimes in the Perspective of Economic Analysis of Law Fauzi Yunandi; Arrum Budi Leksono
Rechtsnormen Journal of Law Vol. 1 No. 2 (2023)
Publisher : Yayasan Pedidikan Islam Daarul Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v1i2.391

Abstract

Background. Money laundering as a crime in the economic sphere shows that crime is a consequence of economic activity and sustainable development, which is a challenge for the state. Money laundering is the disguise or attempt to disguise the origin of profits from illegal or legitimate activities. Purpose. The purpose of this research is to analyze the money laundering law "criminal sanctions against money laundering crimes" from the point of view of economic analysis. Method. The research was carried out using a normative juridical approach and an empirical approach. The data used in this study were secondary data obtained from library materials, and field research was carried out by observation and interviews (interviews). The data obtained were analyzed qualitatively and juridically and deductively concluded. Results. The use of Bitcoin as a money laundering tool is rapidly increasing worldwide with the development of technology and Industry 4.0, according to Dean Ediana Ray, Director of the Financial Transaction Reports and Analysis Center (PPATK). In Indonesia, money laundering was initially regulated under Law No. 8 of 2010 on the Prevention and Eradication of Money Laundering. Conclusion. The normative legal approach focuses on analyzing legal normative systems such as principles, norms, legal rules, court decisions and principles.
The Position of Judges in the Indonesian Legal Idea Moh. Mujibur Rohman; Elladdadi Mark; Kailie Maharjan
Rechtsnormen Journal of Law Vol. 1 No. 2 (2023)
Publisher : Yayasan Pedidikan Islam Daarul Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v1i2.392

Abstract

Background. Judges are state judicial officials authorized by law to adjudicate. The role of judges is very important in the judicial order in Indonesia. Purpose. As we know, the Indonesian government system adheres to the trias politica, namely the legislative body as the legislator in this case the DPR, the executive body, namely the government and its cabinet and finally the judicial body, namely the judiciary. Method. The writing of this article cannot be separated from the name of the research method, because in scientific writing the method is a necessity which is the perfect and effective condition of a research result Results. In addition to the government system, the Indonesian legal system is known to follow the European-Continental legal system where the law will be based on the law or what is known as "law in book". Legal issues that are increasingly complex corner the enforcers of justice (read judges) are hit by many problems that are often not found in the law. Judges who must decide based on the law and on the other hand they cannot be absent from their profession in adjudicating, however they must decide for the sake of justice and human truth. Conclusion. In this article, the author seeks to explain the position of judges in finding law by writing articles using a qualitative and normative (doctrinal) approach as a type of research.

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