Latest articles in this journal
rechtenstudent, Volume 1, pp 285-292; doi:10.35719/rch.v1i3.37
Discussing about debt and credit is not foreign to everyone's ears. Accounts receivable is an agreement between one party and another with the agreed object and will be returned within a certain time as agreed. Debt and credit is a form of muamalah which is ta'awun (please help). The fact is that many debts and receivables are not following sharia and law in Indonesia. This study aims to determine and analyze how the practice of fertilizer receivables is paid with grain from the perspective of Fiqh Muamalah and Positive Law. The research method used is descriptive qualitative. The results of this study found that according to Fiqih Muamalah, the fertilizer receivable payable system is paid with grain that the transaction is allowed, but every addition in fertilizer receivables is paid with grain required by the creditor is usury. The practice of the fertilizer debt system being paid with grain also contradicts the principles of the contract, one of which is the divine principle, the principle of justice, and the principle of writing. In the Positive Law, the fertilizer accounts payable system is paid with the grain if it refers to the Supreme Court decision dated December 4, 1975, No. 804 K / Sip / 1973 principal debt plus 6% interest, because 6% interest is the usual interest at the time the agreement was held. And must be stipulated in writing. Meanwhile, the interest in the debt and credit is more than 70%.
rechtenstudent, Volume 1, pp 293-301; doi:10.35719/rch.v1i3.38
In a marriage, in addition to the terms and conditions that affect whether or not a marriage is legal, there are other rules, including the concept of kafa'ah. Kafa'ah, namely equality between prospective husbands and future wives in various matters including religion (din), descent (nasab), position (hasab) and the like. The term kafa'ah is also known among the Habaib in Jember Regency. Habaib circles, especially in Jember, set specific criteria for the concept of kafa'ah. The existence of the concept of kafa'ah then gave birth to differences of opinion among the Habaib in Jember Regency. This study used a descriptive qualitative research approach, primary data sources were obtained from individuals or individuals such as interviews, while secondary data sources were obtained from scientific publications in the form of books, books, theses, journals, previous research, and related articles. The data source was obtained using interviews and documentation. The data obtained were analyzed using the empirical normative method and tested for its validity by triangulation. The result is a conclusion that a Syarifah is required and attempted to marry Habaib because he is considered sekufu 'as both descendants of the Prophet SAW. Even among some Habaib in Jember Regency that kafa'ah is included in the category of rukun marriage. So that the conclusion that Syarifah married a man not descended from Habaib, apart from being able to break her lineage, also had its social impact.
rechtenstudent, Volume 1, pp 274-284; doi:10.35719/rch.v1i3.36
In fulfilling their daily needs, of course, everyone has different ways. One of them is by trading. There are many types of trade, but we often encounter street vendors (PKL). The facilities and infrastructure chosen by most of the street vendors are shoulder roads and sidewalks. This is a strategy to attract buyers who pass by in the street area. But on the other hand, it can also interfere with the convenience of road users and pedestrians. Therefore, it is for street vendors who are the attention of the local government. To help street vendors, the Regional Government of Jember Regency drafted and ratified Regional Regulation No. 6 of 2008 concerning Street Vendors. One of the points discussed in the regional regulation is the payment of levies. The purpose of this research is to read and analyze the implementation of payments from street vendors and apply it in Jember Regency. This research is qualitative research with a juridical approach and a sociological approach. Keywords: Street Vendors, Levies, Local Government.
rechtenstudent, Volume 1, pp 232-239; doi:10.35719/rch.v1i3.32
When a human couple performs a marriage, then both are not blessed with a child. One way for the couple is to adopt a child, the law is fine as long as it fulfills the conditions prescribed by religion. This was done by the Prophet Muhammad. Adoption of children must meet state requirements, namely through court channels. Because something related to the rules certainly has a positive impact on the public, namely maslahah ummah. There are several legal consequences when someone is adopted as a child, one of which is if one of the adoptive parents or the adopted child has died there is an appreciation given by one of them. The author conducted this research to describe the concept of wills for adopted children in the distribution of inheritance according to KHI and Prof. Wahbah Zuhaili. The author in this study uses the analytical approach research method, namely an approach that is carried out by analyzing the thoughts of a character in this case Prof. Zuhaili, and its comparison with KHI. The conclusion found in this study is the wills of the compulsory will be something very new in Islam, especially when it comes to adopted children. Therefore, the concept of inheritance for adopted children is in the form of a mandatory will, which has been stipulated in the Islamic Law Compilation that a will when it is not disclosed by the adoptive parents, the adopted child will still receive a will, at most a third of the assets of the adoptive parents. Meanwhile, Prof. Wahbah Zuhaili stated that the will is obligatory for relatives and parents (people who are related by blood) because they are prevented from inheriting.
rechtenstudent, Volume 1, pp 240-250; doi:10.35719/rch.v1i3.33
President Joko Widodo and his deputy Jusuf Kalla after being inaugurated to form and inaugurate his cabinet on October 27, 2014, however, there are several names of ministers whose capacity is still in doubt, because they still involve ministers indicated in corruption cases as reported by the People's Decree Movement and the Civil Coalition to the Commission Corruption Eradication (KPK). Therefore, in the end, it raises public concern regarding its work ethic which will have an impact on the vision of the welfare state of the Indonesian State based on Law Number 17 of 2007 concerning the National Long-Term Development Plan (RPJPN). The focus of the problems examined in this thesis are 1). How is the process of preparing the Cabinet for the Jokowi-JK era for the 2014-2019 period. 2). What is the mediocre impact of the Jokowi-JK administration on the vision of the welfare state based on Law Number 17 of 2007 concerning the National Long-Term Development Plan (RPJPN)? This research is carried out by reviewing and examining written sources relevant to the object of discussion so that clear data can be obtained, the object of study includes basic norms or rules, legal principles, laws, and regulations so that it is termed normative legal research. or also known as library law research, library research.
rechtenstudent, Volume 1, pp 225-231; doi:10.35719/rch.v1i3.31
The development of sharia banking has become a measure of the success of the sharia economy. Syharia banks have a function as channeling funds to the community and collecting funds from the community. In sharia banking, there are several contracts that have been implemented, one of which is mudharabah contract. Mudharabah contract is a business cooperation between two parties where the first party (shahibul maal) provides the capital while the second party becomes the manager (mudharib). The purpose of this study is to find out more about the teacher Al Amien Prenduan's perceptions of the mudharabah contract that has been implemented at BNI Sharia Sumenep. The researchers use a case study qualitative research. The methods used are interview and documentation methods. The results show, the majority of teachers at Al Amien Prenduan used savings at the BNI Sharia Sumenep bank. Knowledge of the existence of sharia banks is evident in the form of savings which are mostly used by Al Amien Prenduan teachers. However, the promotion carried out by the sharia bank is felt by the teacher Al Amien Prenduan. The Al Amien Prenduan teachers’ understanding of mudharabah contract is felt to be less influencing perceptions of the operational system and also the way of services provided. Meanwhile, Al Amien's teacher do not understand more deeply about mudharabah contract, among others, due to lack of information and lack of socialization from the financial institution.
rechtenstudent, Volume 1, pp 251-263; doi:10.35719/rch.v1i3.34
National Criminal Law is currently felt that it does not fulfil the value of justice, certainty and legal usefulness in people's lives because of the number of criminal acts. That has recently occurred makes the law no longer a social control but instead uses the law as an opportunity to take action. Criminal law, this can be due to the lack of a deterrent effect caused by the criminal law itself. Many attempts have been made to implement Islamic criminal law in Indonesia. Still, it is poorly considered by the community because it is understood that Islamic criminal law is only partially understood. Whereas the purpose of Islamic criminal law is to maintain religion, reason, soul, descent and property for the sake of achieving justice, certainty and actual legal benefits. The focus of the problems in writing this thesis are 1). What are the concepts of Jarimah Qishash, Hudud, and Ta'zir in Islamic Criminal Law? 2). How is the Transformation of Jarimah Qishash, Hudud, and Ta'zir in Islamic Criminal Law Against National Criminal Law in Indonesia? The purpose of this research is to describe the concept of Jarimah Qishash, Hudud, and Ta'zir regarding Islamic Criminal Law. As well as to explain the Transformation of Jarimah Qishash, Hudud, and Ta'zir Against National Criminal Law. To identify some of these problems, this study uses a comparative approach method by comparing Islamic criminal law to national criminal law. Looking for similarities and differences in the two directions. Then combine it with the concepts used, then connect and dialogue with other ideas and then make interpretations and conclusions as a reflection of the author so that in the end, the research conclusions will be obtained.
rechtenstudent, Volume 1, pp 302-310; doi:10.35719/rch.v1i3.39
In realizing good governance in government, we need a foundation to make it happened. Good governance is the basis for the value of government administration which is oriented towards restoring the community's dignity in order to rebuild the image of the government as a just servant. This was accompanied by the increasing demands for democracy, recognition of human rights, which resulted in demands for management characterized by good governance. The results show that: (1) The application of the principles of good governance in the Jember Regency Government is still insufficient because of the many violations committed by the government (2) the process of applying the principles of good governance in advancing Jember Regency is still lacking due to the many violations committed by the government. Jember Regency Government in carrying out alleged violations of statutory regulations. Starting from the management of the State Civil Apparatus (ASN), the use of government apparatus authority, and the management of regional finances which have a massive impact on ASN and the community so that the impeachment of the Regent of Jember by the Regional House of Representatives (DPRD Jember) affects the implementation of government in Jember Regency so that it has an impact on the performance of the Regent of Jember. (3). Factors that hinder the preparation of the RAPBD in implementing the principles of good governance in Jember Regency.
rechtenstudent, Volume 1, pp 110-120; doi:10.35719/rch.v1i2.25
The Nanggroe Aceh Darussalam is a city that is thick with Islamic law. It has a population of around 5,281,891 people, the majority of whom are Muslim. Particular regions that have special autonomy. Evidenced by the existence of Law No.4 of 1999 regarding the implementation of Special Autonomy for Aceh province. As regulated in 1999 to 2004, it has allowed local governments to issue (PERDA) regional regulations. The PERDA launched by the Aceh government is the Qanun Jinayah, but by issuing regional regulations, it must not conflict with existing laws or higher laws. The existence of this study aims to analyze the Qanun Jinayah in the structuring of criminal law. To know the presence, implementation, and reflection of the Qanun Jinayah. The method used is using a qualitative descriptive analysis approach with data collection techniques by triangulation. The results of this study confirm that the existence of Qanun Jinayah is recognized as a national parent. There is no conflict between the contents of the Qanun Jinayah and the National Criminal Law. The implementation carried out can provide output that Aceh has a new law. However, the existence of Qanun Jinayah cannot be separated from the reflection of society, which leads to a sociological, philosophical, and juridical foundation.
rechtenstudent, Volume 1, pp 204-213; doi:10.35719/rch.v1i2.28
The rise of promiscuity and free sex is the reason for a large number of abortion perpetrators in Indonesia. In the enactment of the law stipulated in the Criminal Code (KUHP) regarding abortion, it is very clear that abortion is prohibited as well as from the perspective of Islamic law it is forbidden to abort the fetus unless there is a medical reason that an abortion must be performed. However, in the opinion of Madzhab, there is still a classification of permissibility before the blowing of the spirit and the scholars agree that it is haram to abort the fetus after blowing the spirit. The research approach used in this study is the Normative Juridical Research Method, namely the approach method used in this study is the normative juridical approach or doctrinal legal research, which is legal research that uses secondary data sources. The results of the research conducted by the author are to provide insight to readers so that they better understand the meaning of abortion and also the punishment of the perpetrators of the crime of abortion both in terms of positive law and Islamic criminal law. In finding the comparison of the punishment between positive law and Islamic criminal law lies in the age limit of the fetus that is in the content of the sanction based on Islamic criminal law, the punishment is to pay ghurrah or diyat Kamilah Dari before the blowing of the spirit or after the blowing of the spirit.