JURNAL RECHTENS
type: channel
description: Journal Title Jurnal Rechtens Initials JR Frequency 2 Issues/Year (June, December) Prefix DOI 10.56013 Editor In Chief Supianto Oneline ISSN 2622-1802 Publisher Faculty of Law, Islamic University of Jember Rechtens Journal (p-ISSN: 1907-7114, e-ISSN: 2622-1802) is a fully peer-reviewed journal which welcomes high quality papers a wide range of fields with resperct to law. This journal invites submissions relating to civil law, criminal law, constitutional law, international law, administrative law, Islamic law, economic law, health law, customary law, and environmental law. Issues are published in June and December.
publisher: Fakultas Hukum Universitas Islam Jember
language: en-US
publication name: JURNAL RECHTENS
issn: 1907-7114
items: Perlindungan Hukum Pelaku Pembangunan Atas Perubahan Lahan Untuk Perumahan Menjadi Lahan Sawah Dilindungi
items: Hak Hukum dan Waris Anak Bayi Tabung Dari Pernikahan Tidak Tercatat
items: Kepastian Hukum Pemberian Hak Guna Bangunan Kepada Persekutuan Komanditer
items: Kewenangan Komisi Pengawas Persaingan Usaha Republik Indonesia dalam Sistem Peradilan di Indonesia
items: Konstitusionalitas Efisiensi Anggaran Melalui Instruksi Presiden Nomor 1 Tahun 2025 Terhadap Dana Keistimewaan Yogyakarta Tahun 2025
items: Kewenangan Mahkamah Konstitusi sebagai Positive legislator (Studi Putusan Mahkamah Konstitusi Nomor 135/PUU-XXII/2024)
items: Serakahnomics dalam Perjanjian Kartel pada Kontrak Bisnis dan Risiko Kepailitan Sistemik
items: Prinsip Publisitas dalam Pendafataran Jaminan Fidusia Secara Online
items: Reformulasi Sanksi Pidana pada Tindak Pidana Korupsi yang Merugikan Keuangan Negara
items: Pariwisata Halal di Aceh: Analisis Kepatuhan Pelaku Usaha Terhadap Fatwa MPU Nomor 2 Tahun 2022 di Dataran Tinggi Gayo

Perlindungan Hukum Pelaku Pembangunan Atas Perubahan Lahan Untuk Perumahan Menjadi Lahan Sawah Dilindungi
type: item
description: The state's strategy in designating protected rice fields is to ensure national food security. However, the implementation of this designation overlaps with housing development permits held by housing developers. The purpose of this study is to provide legal certainty for housing developers regarding the conversion of land originally owned by developers for housing to protected rice fields. The methods in this study are a legislative approach, a case approach, and a conceptual approach. The conclusion is that housing developers can protect their land from the designation of protected rice fields by submitting an application to the Ministry of Agrarian Affairs and Spatial Planning to request a change in land use.
creator: Dodi Purnomo
creator: Sadino Sadino
rights: Copyright (c) 2026 Dodi Purnomo, Sadino Sadino https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-05
publication date: 2026-06-05
volume: 15
number: 1
starting page: 1
ending page: 20
doi: 10.56013/rechtens.v15i1.5157

Hak Hukum dan Waris Anak Bayi Tabung Dari Pernikahan Tidak Tercatat
type: item
description: Even though it is considered valid under Islamic law, unregistered marriages are not recognized under positive law because they are not officially recorded. This raises crucial legal issues regarding the status of children born through IVF, which are only considered valid when the sperm and egg come from a legally married couple, as stipulated in Article 58 of Law Number 17 of 2023 concerning Health. This poses a risk of loss of legal and inheritance rights for children born from IVF in unregistered marriages, especially if there is no marriage certificate. This study analyzes two themes, namely IVF and unregistered marriages in Islamic law and positive law, as well as the legal and inheritance rights implications for children born from IVF in unregistered marriages. This study uses library research by examining secondary data sourced from books, journals, legislation, and previous studies. The Miles & Huberman method is used to analyze the data. The results show that: (1) children born from IVF in unregistered marriages are not legally valid under positive law, and their rights are limited unless the marriage is validated; (2) if the child is born from donor sperm without the husband's consent, the child is considered illegitimate. However, once the marriage is validated and the donor's consent is obtained, the child's rights are fully protected by the state.
creator: Habibulloh Habibulloh
creator: Ishaq Ishaq
creator: Muhammad Faisol
rights: Copyright (c) 2026 habibulloh habibulloh, Ishaq Ishaq, Muhammad Faisol https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-05
publication date: 2026-06-05
volume: 15
number: 1
starting page: 21
ending page: 50
doi: 10.56013/rechtens.v15i1.5033

Kepastian Hukum Pemberian Hak Guna Bangunan Kepada Persekutuan Komanditer
type: item
description: The Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) issued a policy in the form of Circular Letter Number 2/SE-HT.02.01/VI/2019 dated June 28, 2019, concerning the granting of Right to Build (Hak Guna Bangunan or HGB) titles to Limited Partnerships (Commanditaire Vennootschap or CV). One of the key provisions therein establishes that a CV is eligible to submit an application for land rights in the form of an HGB. This policy has subsequently given rise to challenges regarding its implementation. The objective of this research is to provide a comprehensive comparison necessary for analyzing the legal certainty of granting HGB titles to CVs, particularly by referencing the Netherlands—a country adhering to the same Civil Law system—which also recognizes the CV business entity form within its corporate legal framework. The research methodology employed in this study is normative juridical research. The findings of this research indicate that the granting of HGB titles to Limited Partnerships (CV) does not satisfy the principle of legal certainty, as its legal basis—governed by Circular Letter Number 2/SE-HT.02.01/VI/2019—contravenes higher statutory regulations. This legal uncertainty impacts the general public and business actors, who frequently face ambiguity regarding the legal status of the land they possess. Furthermore, this situation not only constitutes a violation of agrarian law but also creates the potential for future land disputes.
creator: Marchelo Ivan Darmawan
creator: Andita Atmajaya
creator: Oktafi Mar’atul Mashfufah
rights: Copyright (c) 2026 Marchelo Ivan Darmawan, Andita Atmajaya, Oktafi Mar’atul Mashfufah https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-05
publication date: 2026-06-05
volume: 15
number: 1
starting page: 51
ending page: 84
doi: 10.56013/rechtens.v15i1.4892

Kewenangan Komisi Pengawas Persaingan Usaha Republik Indonesia dalam Sistem Peradilan di Indonesia
type: item
description: The KPPU has the authority to act as an investigator and decision-maker in cases that have the potential to be misused on a large scale. The KPPU's decision-making authority complicates its position in the state system, especially considering its multifunctional role. The objectives of this study are: 1. To explain the KPPU's authority. 2. To describe the KPPU's authority in the judicial system. This study uses a statutory approach and a conceptual approach. The results of the study indicate that 1. Based on the explanation above, the essence of the KPPU's authority, as outlined by Indonesian competition law, is as follows: First, Investigation, Second, Examination, Third, Evidence, Fourth, Sanctions and Decisions, Fifth, Supervision and Law Enforcement. 2. Determining the limits of a state's power has become an important component in running a state system. As explained by Jimly in his research, which mentions the true concept of the separation of powers of a state. Then, regarding the duties and authorities held by the KPPU, the researcher assesses that this does not deviate from the principle of limiting state power. Because the implementation of these authorities and duties falls within the domain of the executive branch of government and administrative functions, the KPPU has extensive authority to decide cases and impose sanctions, which are not far from administrative sanctions
creator: Derin Fernanda Ainun Nisa
creator: Rumawi Rumawi
creator: Ahmad Junaidi
creator: Supianto Supianto
creator: Mohammad Ali
creator: Udiyo Basuki
creator: Sri Astutik
creator: Asmarani Tri Andari
rights: Copyright (c) 2026 Derin Fernanda Ainun Nisa, Rumawi Rumawi, Ahmad Junaidi, Supianto Supianto, Mohammad Ali, Udiyo Basuki, Sri Astutik, Asmarani Tri Andari https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-05
publication date: 2026-06-05
volume: 15
number: 1
starting page: 85
ending page: 112
doi: 10.56013/rechtens.v15i1.4713

Konstitusionalitas Efisiensi Anggaran Melalui Instruksi Presiden Nomor 1 Tahun 2025 Terhadap Dana Keistimewaan Yogyakarta Tahun 2025
type: item
description: The legal issue examined in this study concerns the constitutional limits on using a Presidential Instruction as a policy rule to implement budget efficiency measures when such measures affect Intergovernmental Transfers (TKD) and the Special Fund for the Special Region of Yogyakarta (Dana IS). This study aims to assess the constitutionality of Presidential Instruction No. 1 of 2025 in governing TKD efficiency and its implications for Dana IS. This is a normative legal study. The findings indicate that a Presidential Instruction is justifiable insofar as it regulates the procedures for budget execution without materially altering the TKD configuration stipulated in the State Budget Law. However, implementing the Instruction through subordinate instruments that create a “reserve” scheme may effectively reduce regional fiscal entitlements and function as a concealed budget revision, thereby conflicting with the principle of legality and undermining Parliament’s budgetary authority. Because Dana IS specifically supports asymmetric decentralization, any effective reduction in its funding may also be inconsistent with the constitutional requirement of fair and harmonious central–regional fiscal relations and the statutory commitment to financing Yogyakarta’s special status.
creator: Syifaa Afelyna Suryoputri
creator: Alan Bayu Aji
rights: Copyright (c) 2026 syifaa afelyna suryoputri, Alan Bayu Aji https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-05
publication date: 2026-06-05
volume: 15
number: 1
starting page: 113
ending page: 144
doi: 10.56013/rechtens.v15i1.5321

Kewenangan Mahkamah Konstitusi sebagai Positive legislator (Studi Putusan Mahkamah Konstitusi Nomor 135/PUU-XXII/2024)
type: item
description: Constitutional Court Decision Number 135/PUU-XXII/2024 raises legal issues related to the limits of the Constitutional Court's authority in determining the model for conducting elections. This study aims to analyze the Constitutional Court's authority as a positive legislator in Decision Number 135/PUU-XXII/2024, as well as to explain the legal consequences resulting from that decision. The research method used is normative research with statutory, conceptual, and case approaches. The results of the study show that through this decision, the Constitutional Court has exceeded its capacity in reviewing laws against the 1945 Constitution by creating new norms through constitutional interpretation that determines the separation of the implementation of national and regional elections, along with their schedules. The separation of elections by the Constitutional Court is not based on a legal vacuum or urgent circumstances, but rather on technical and managerial considerations in election administration, which should fall within the legislature's domain as part of open legal policy. The legal consequences of Constitutional Court Decision Number 135/PUU-XXII/2024 raise several constitutional issues, including the potential violation of the principle of five-year election periodicity, the merging of the general election and regional election regimes which are constitutionally regulated differently, the narrowing of the constitutional interpretation of Article 18 paragraph (4) of the 1945 Constitution, and the potential vacancies of regional heads and members of regional representative councils during the transition period.
creator: Deny Setiyo Utomo
creator: Sulaksono Sulaksono
creator: Hananto Widodo
rights: Copyright (c) 2026 Deny Setiyo Utomo, Sulaksono Sulaksono, Hananto Widodo https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-05
publication date: 2026-06-05
volume: 15
number: 1
starting page: 145
ending page: 174
doi: 10.56013/rechtens.v15i1.5447

Serakahnomics dalam Perjanjian Kartel pada Kontrak Bisnis dan Risiko Kepailitan Sistemik
type: item
description: This study examines legal issues regarding the qualification of cartel agreements in the practice of serakahnomics, their mechanism for triggering systemic bankruptcy, and the legal certainty of bankruptcy requirements under Law No. 37 of 2004, to achieve justice. The objective is to analyze the relationship among cartels, serakahnomics, and systemic bankruptcy, and to formulate efforts to achieve justice in such disputes. Using a normative juridical method with a legal and conceptual approach, the results of the study show that cartel agreements are a clear manifestation of serakahnomics that can cause systemic bankruptcy. Therefore, it is necessary to reform Indonesian bankruptcy law, particularly in determining the requirements for filing for bankruptcy, in order to minimize systemic impacts while realizing fair law enforcement for national economic stability.
creator: Asharin Sindy Safirah
creator: Fonnyta Laurenzia Rosiga
rights: Copyright (c) 2026 Asharin Sindy Safirah, Fonnyta https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-05
publication date: 2026-06-05
volume: 15
number: 1
starting page: 175
ending page: 200
doi: 10.56013/rechtens.v15i1.5390

Prinsip Publisitas dalam Pendafataran Jaminan Fidusia Secara Online
type: item
description: Along with the development of information technology, the Fiduciary Guarantee registration mechanism has shifted to an integrated online electronic system. This study aims to analyze whether online fiduciary guarantee registration meets the principles of publicity and is binding on third parties. This study uses a normative legal research method with a statutory approach and a conceptual approach. The conclusion obtained is the principle of publicity which is one of the fundamental principles in online fiduciary guarantee registration. Online fiduciary registration still provides equal legal protection for creditors and remains binding on third parties, as long as the registration process is carried out in accordance with applicable provisions. Legally, online fiduciary registration still fulfills the elements required to bind third parties, namely: registration in the official state register, the existence of a fiduciary guarantee certificate, certainty of the registration date, and legal recognition of electronic documents. With the fulfillment of these elements, there is no fundamental difference between manual registration and online registration in terms of binding on third parties
creator: Dwi Fefri Kurniasari
creator: Dian Alfridha Rosyad
creator: Tenny Pantow Tambariki
creator: Irwansyah Giovani ibrahim
creator: Charisma Adilaga Sugiyanto
rights: Copyright (c) 2026 Dwi Fefri Kurniasari, Dian Alfridha Rosyad , Tenny Pantow Tambariki, Irwansyah Giovani ibrahim, Charisma Adilaga Sugiyanto https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-05
publication date: 2026-06-05
volume: 15
number: 1
starting page: 201
ending page: 220
doi: 10.56013/rechtens.v15i1.5688

Reformulasi Sanksi Pidana pada Tindak Pidana Korupsi yang Merugikan Keuangan Negara
type: item
description: The purpose of this study is to examine and analyze whether the regulation of criminal sanctions for corruption offenses related to state financial losses, as stipulated in Articles 603 and 604 of the Criminal Code, is consistent with the principles of justice. It also aims to explore and formulate an ideal framework for regulating criminal sanctions for corruption offenses involving state financial losses in the future. This research employs a normative legal research method, utilizing both the statute approach and the conceptual approach. The findings of this study indicate that the current regulation of criminal sanctions for corruption offenses related to state financial losses does not yet reflect the values of justice. Furthermore, the ideal formulation of criminal sanctions, as provided in Article 604 of the Criminal Code, needs to be reformulated so that the severity of its sanctions becomes greater than those prescribed under Article 603 of the Criminal Code
creator: Aditya Wiguna Sanjaya
creator: Muhammad Hoiru Nail
rights: Copyright (c) 2026 Aditya Wiguna Sanjaya, Muhammad Hoiru Nail https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-05
publication date: 2026-06-05
volume: 15
number: 1
starting page: 221
ending page: 244
doi: 10.56013/rechtens.v15i1.5622

Pariwisata Halal di Aceh: Analisis Kepatuhan Pelaku Usaha Terhadap Fatwa MPU Nomor 2 Tahun 2022 di Dataran Tinggi Gayo
type: item
description: This study examines the implementation of MPU Aceh Fatwa No. 2 of 2022 concerning Halal Tourism in the Gayo Highlands as a legal instrument regulating tourism activities based on Islamic principles. The study aims to analyze the conformity of halal tourism practices with the provisions of the fatwa and the level of compliance among tourism business actors. This research employs an empirical legal method using statutory and sociological approaches through interviews, observations, and documentation involving tourism business actors, destination managers, and related institutions. The findings reveal that the implementation of halal tourism principles has reached approximately 60–70%, particularly in the provision of halal food, prayer facilities, and Islamic services. However, the implementation remains suboptimal due to limited facilities, weak supervision of tourist activities, and the partial understanding of halal tourism among business actors. The study concludes that MPU Aceh Fatwa No. 2 of 2022 has not been fully effective as a social engineering instrument; therefore, stronger regulations, supervision, and socialization for tourism business actors are necessary
creator: Pinta Febriana
creator: Safwan Safwan
rights: Copyright (c) 2026 Pinta Febriana, Safwan Safwan https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-05
publication date: 2026-06-05
volume: 15
number: 1
starting page: 245
ending page: 264
doi: 10.56013/rechtens.v15i1.5754