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Contact Name
Suphia
Contact Email
suphia@uij.ac.id
Phone
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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 99 Documents
EKSEKUSI HARTA WARIS DI PENGADILAN AGAMA Muhtarom, Khoirul
JURNAL RECHTENS Vol 3, No 1 (2014): RECHTENS
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Abstract

Execution as an act committed by a court of law to the losing party in a case are the rules and procedures for the continuation of the proceedings. Therefore, the execution is nothing else than the continuous action of the whole process of civil law. Execution is a unity that is not separate from the implementation of procedural rules. Religious Courts as one of Indonesia's judiciary, which is one of handle kewenngannya inheritance disputes. The execution of the estate has been taken based on a procedural stages of execution as set forth in HIR and R.Bg. but in practice the real execution in the field of technical and juridical obstacles occur because of differences between the legal rules governing the execution of personal property with the needs of the practice.
KEWENANGAN MAHKAMAH KONSTITUSI DALAM MENGUJI PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG _, Musfianawati
JURNAL RECHTENS Vol 5, No 2 (2016): RECHTENS
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Abstract

Legal certainty in realizing the President as the head of government as the executive government is mandated to create a Government Regulation in Lieu of Law (PERPPU) when the material existing Act does not regulate the material that is needed in urgent circumstances and in a state of urgency that forces. However, none of the provisions concerning the criteria crunch forcing any good at NRI 1945 Constitution and the law. One of the tasks of the Constitutional Court is to examine the Act that is contrary to the Constitution of 1945. While the regulations under laws that are contrary to the Constitution authorized to conduct testing is the Supreme Court. Position Regulation Legislation is any part of the sort order of legislation-based On invitation State Indonesia Law Number 12 Year 2011 concerning the establishment of legislation-Invite. The Constitutional Court has the authority to conduct testing of the juridical decree though NRI 1945 Constitution does not explicitly grant authority to test it. Consideration used by constitutional judges to examine the decree is teleological and sociological factors as community needs are growing. The new authority is held by the Constitutional Court to examine the decree through its decision, the Constitutional Court can be said to have made changes to the constitution.
ANALISIS YURIDIS PENJATUHAN PIDANA TERHADAP ANAK PELAKU PIDANA YANG DIANCAM DENGAN KETENTUAN PIDANA YANG MEMILIKI KETENTUAN ANCAMAN MINIMAL KHUSUS Samosir, Samuel Saut Martua
JURNAL RECHTENS Vol 3, No 2 (2014): RECHTENS
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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 Suharto, Eduard Rudy
JURNAL RECHTENS Vol 8, No 1 (2019): RECHTENS
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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
FORMULASI DELIK DALAM TINDAK PIDANA KORUPSI Triyanto, Gatot -
JURNAL RECHTENS Vol 6, No 2 (2017): RECHTENS
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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.
PERLINDUNGAN HUKUM PEKERJA PEMEGANG SAHAM DI PT. BANK CENTRAL ASIA TBK Setiawan, Sidi Alkahfi
JURNAL RECHTENS Vol 2, No 1 (2013): RECHTENS
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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 Wahyuningtyas, Yuli Winiari
JURNAL RECHTENS Vol 7, No 1 (2018): RECHTENS
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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.
PRINSIP-PRINSIP PERLINDUNGAN HUKUM YANG SEIMBANG DALAM KONTRAK Arafat, Yassir
JURNAL RECHTENS Vol 4, No 2 (2015): RECHTENS
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Abstract

Protection of law by contracting in the world of business, representing very popular type. However, at other side of opportunity broadness to determine protection of law alone by contracting oftentimes generate loss which do not be anticipated previously. Principal applying of protection of well-balanced law in cooperation agreement, aim to to protect importance of its bearing the parties with arrangement of each rights and obligations which relied on justice principles and rule of law. Freedom ground contract if confronted with agreement which in form of contract standard, or agreement which in making by the parties which do not have is same position bargaining (dimiciling well-balanced) hence can be said that by the cooperation agreement disagree with freedom ground contract even yield an inequitable agreement. Besides disagree with freedom ground contract, there are some other contract principle of justice very have potency to be impinged: good faith, existence of abuse of situation and principle of comtemporaneus.
UPAYA HUKUM KEBERATAN TERHADAP PUTUSAN BADAN PENYELESAIAN SENGKETA KONSUMEN (BPSK) _, Supianto
JURNAL RECHTENS Vol 2, No 2 (2013): RECHTENS
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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.
PERAN PEMANGKU ADAT SUKU TENGGER DALAM MENJALANKAN SISTEM HUKUM ADAT _, Fatmawati
JURNAL RECHTENS Vol 5, No 1 (2016): RECHTENS
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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.

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