WAJAH HUKUM
Wajah Hukum ISSN 2598-604X (Online) adalah peer-review jurnal akses terbuka yang bertujuan untuk berbagi dan diskusi mengenai isu dan hasil penelitian yang lagi hangat pada saat ini. Jurnal ini diterbitkan oleh Fakultas Hukum Universitas Batanghari Jambi, Wajah Hukum memuat hasil-hasil penelitian, artikel review, kajian ilmiah dari akademisi praktisi hukum meliputi berbagai bidang ilmu hukum yaitu hukum pidana, hukum perdata, hukum administrasi, hukum tata negara, hukum bisnis dan hukum islam dan bidang kajian lain yang berkaitan dengan hukum dalam arti luas. Jurnal ini diterbitkan dua kali setahun (april dan oktober), naskah yang masuk hendaknya bukan hasil dari plagiat dan naskah artikel akan direview oleh reviewer yang memiliki kompetensi di bidangnya masing-masing, naskah yang lolos akan dipublikasikan secara on-line.
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Hak Cipta dalam Perspektif Hukum Islam
Supeno Supeno
Wajah Hukum Vol 2, No 1 (2018): April
Publisher : Universitas Batanghari Jambi
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DOI: 10.33087/wjh.v2i1.32
Intellectual property (HKI) is one of the rights that have been getting protection by law in Indonesia, there are some regulations that govern on rights that are included in the scope of intellectual kekayan as copyrights, patent rights, trademark rights, trade secret rights and so on. To know more deeply is how copyright in the perspective of Islamic law because Indonesia as the country's largest Islamic religion will greatly affect the understanding and awareness of the importance of the protection of the population of Indonesia against intellectual property.
Peranan Kedutaan Besar Republik Indonesia dalam Menanggulangi Persoalan Tenaga Kerja Indonesia di Malaysia
Abdul Hariss
Wajah Hukum Vol 2, No 1 (2018): April
Publisher : Universitas Batanghari Jambi
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DOI: 10.33087/wjh.v2i1.23
The Government of the Republic of Indonesia that is obliged to protect its citizens wherever they are located, with negarannya commissioned the Embassy to address problems encountered. The one that needs to be done is legal protection for the workforce of Indonesia in particular who are in Malaysia, the role of the Embassy of Indonesia in Malaysia of which commissioned the Consular Affairs to handle Immigration Attaches correspondence ( Indonesia's labor Administration) in Malaysia as both travelers (tourists) as well as Indonesia's labor. When livelihoods work in the country's increasingly narrow then becomes one of a promising option in menompang a living life out to seek livelihoods abroad, one of which was Malaysia which became one of the main goals for the community Indonesia in search of a decent livelihood. Livelihood that promises to work outside the country raises many of the benefits of kindness as well as problems that arise either channelling legally or illegally, for the workforce in addition in the menafkahi family for labor Indonesia working outside the country will add to his family's prosperity for the regions in addition can also add defisa to the country so that workers who work outside of the country became the hero of the defisa for the State, then the labor should be given good legal protection. Because the State must be present to protect all the citizens of the respective countries anywhere.
Fungsi Badan Pertanahan Nasional Dalam Pengawasan Pejabat Pembuat Akta Tanah Di Kabupaten Tanjung Jabung Barat
Masriyani Masriyani
Wajah Hukum Vol 2, No 1 (2018): April
Publisher : Universitas Batanghari Jambi
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DOI: 10.33087/wjh.v2i1.28
In the national land Agency Chief Regulation No.1 Year 2006 as modified by regulation the head of BPN number 23-year 2009 on implementation of the provisions of the Government Regulation Number 37 Year 1998, head of the Office of land do coaching and surveillance against a land deed official (PPAT). Starting on the dotted the legal basis and see the development as well as the needs of the ground then for the validity of the ownership of the land, should be are published through the certificate of property rights. For it is necessary supervision against the authorized officials as a PPAT in the deed of the land pembuatak. As for the problems in this research is how the functions of the national land Agency in the construction and supervision of land deed official Tanjung Jabung Barat region. The type of research that is in use is the empirical research. Data on use is the primary data and the data of skunder. Data collection was done through the research library and field research. The research describes the construction and supervision on Land against the head of the Office to do the task in Tanjung Jabung PPAT West, running as it should be in accordance with article 65 of the regulation of the Republic of Indonesia head of BPN No. 1 year 2006 regarding the implementation of the provisions of REGULATION No. 37 Year 1998 Of Regulations Office of the PPAT in coaching and supervision is quite optimal. It can be seen that for the year 2016 year 2017 until the violations perpetrated PPAT decreased. Surveillance against PPAT performed by the Head Office of land is to provide direction to all stakeholders associated with the PPAT's, conducting surveillance over the organisation of the profession of PPAT to keep running in accordance with the direction and the goal, run other actions deemed necessary to ensure the service of PPAT continue to run properly and to conduct surveillance against a PPAT and PPAT in order to run the code of ethics of the profession, the PPAT Tanjung Jabung West land in cooperation with the relevant parties especially the IPPAT code of ethics watchdogs and PPAT.
Pergeseran Fungsi Legislasi DPRD dalam Pembentukan Peraturan Daerah Untuk Memperkuat Kedudukan DPRD dalam Penyelenggaraan Pemerintahan Daerah
Dasril Radjab
Wajah Hukum Vol 2, No 1 (2018): April
Publisher : Universitas Batanghari Jambi
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DOI: 10.33087/wjh.v2i1.24
That with the presence of refomasi against the holding of the Government of the Republic of Indonesia, there was a significant change towards the function of legislation. If prior to the reformation by the UU No. 5 of the year 1974 the main legislation function is in the hands of the head Area, then after the Reformation was gradually shifted to the functions of DPRD, while the head of the Region carry out the Change was discussed along with Representatives The People Of The Region. Peregeseran the function of legislation to DPRD, then the seat of DPRD from both the political and juridical aspects become increasingly powerful as the element that organizes local governance. Disaran implementation of the function of legislation should run properly in the full sense of responsibility as well as follow all stages of the formation of local regulations that cover the stages of planning, drafting, discussion, enactment, assignment, and peyebarluasan
Peranan Pemerintah Daerah di Era Reformasi
Mhd Ansori
Wajah Hukum Vol 2, No 1 (2018): April
Publisher : Universitas Batanghari Jambi
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DOI: 10.33087/wjh.v2i1.29
The republic of Indonesia as a unitary state embraces the principle of decentralization in the administration of goverment, by providing opportunies and freedom to the region to organize regional autonomy. Thus, regional autonomy is a policy that is in accordance with the principle of decentralization within the framework of the unitary state of the Indonesian republic. The real autonomy is the flexibility of the region to exercise the authority of the goverment in certain areas that are real and necessary and growing, living and developing in the regions. Of course this is to realize independence, autonomy is closely related to the pattern of relation between the central and regional which includes various aspects of the relationship of authority, supervisory relations, financial relations, and so forth traditional. Soewargono and Djohan stated that one of the main functions of goverment is to make public policy. The role of goverment is more as a servant of society that does not aim to gain profit rather than fulfill what the bureaucracy’s own will. The purpose of this paper to know the role of local goverment in the current era of reformasi. The type of research used is normative juridical research, using conceptual approach, legislation approach, and historical approach.
Implikasi Prinsip Most Favoured Nation terhadap Pengaturan Tarif Impor Di Indonesia
Dony Yusra Pebrianto
Wajah Hukum Vol 2, No 1 (2018): April
Publisher : Universitas Batanghari Jambi
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DOI: 10.33087/wjh.v2i1.25
The existence of trade liberalization are faced with the fact that competition in the trade of countries particularly in this export and import kian feels very rapidly. The existence of instruments of international law contained in the General Agreement on the set fee and Trade (GATT) becomes an important point in the conception of international trade arrangements for States parties who joined GATT in the World Trade Organization (WTO). So the principles inherent in the preparation of the concept of a national law for countries that have ratified GATT. Indonesia one of the countries that have ratified GATT would of course be bound by those principles, one of which is the principle of Most Favoured Nation tariff arrangements that implicates to import in Indonesia. So the protection of local commodities closed chances though limited to keep the continuity of the national production.
Pelaksanaan Perjanjian Jual Beli Beras Antara Petani dengan Perum Dolog di Kabupaten Tanjung Jabung Barat
Nur Fauzia
Wajah Hukum Vol 2, No 1 (2018): April
Publisher : Universitas Batanghari Jambi
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DOI: 10.33087/wjh.v2i1.30
To the implementation of the Government program and the terangkatnya farmers ' livelihood, then Perum Dolog rice farmers making a purchase price that is adequate and not detrimental to the farmers themselves. Legally, buy sell rice is a unity of works which can be called the deeds of the law. It is said so, because with the buy sell the rice poses a legal relationship (the Alliance) between the seller (the farmer) and buyer (Perum Dolog). Among the sale and purchase agreement between rice farmers with Perum Dolog, also occur in the West, where the Jabung Cape farmers selling berasnya to Tanjung Jabung Regency Dolog Perum West. In practice, the purchase agreement between rice farmers with Perum Dolog, Tanjung Jabung Barat there happens a tort committed by the seller, which the seller's late delivery of rice to the buyer, even though the maturity Rice deliveries in accordance with the contents of the agreement has been passing time and there is also a tort committed by the purchaser, where the buyer is late in payment. The existence of the tort that occurs is not a possibility with the constraints faced in the implementation of the agreement and selling the rice itself.
Kebijakan Kriminal terhadap Eksploitasi Seksual Sebagai Tindak Pidana Perdagangan Orang dalam Perspektif Kriminologi
Eko Budi S
Wajah Hukum Vol 2, No 1 (2018): April
Publisher : Universitas Batanghari Jambi
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DOI: 10.33087/wjh.v2i1.26
Sexual exploitation is one form of trafficking in person as a modern enslavement that occurs in many countries. The groups that are most victims of sexual exploitation are women and children. The modus operandi is done varies between country one with other country different. The causes of these crimes are also different according to the characteristics of the country. Criminal law policy in the prevention of sexual exploitation can be done with two approaches: non penal and penal policies. Type of research used is normative juridical by using approach of legislation and concept of criminology. The purpose of this study is to contribute thoughts in the prevention of trafficking in the form of sexual exploitation in the future.
Tipologi Hukum di Indonesia (Melihat Penggunaan Hukum Prosedural Pada Sistem Peradilan Pidana)
S Sahabuddin
Wajah Hukum Vol 2, No 1 (2018): April
Publisher : Universitas Batanghari Jambi
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DOI: 10.33087/wjh.v2i1.31
Autonomous legal typology which is still very lumpy tasted in order of life laws in Indonesia highlighted on legal activities conducted by the Organization/institution of the law by revealing the face of the legitimate. Pay close attention to the patterns of law enforcement carried out by the institution of law criminal justice system in Indonesia, reflected the application of one law of the intermediate gradations, typology, namely patterns of law enforcement procedural indeed characterizes and autonomous legal power (autonomous law). It is important to note how this autonomous legal typology in its characteristics and how it gives the autonomous law implications against the institution of law criminal justice system in Indonesia in ethos and style of work.
Perlindungan Hukum Bagi Peternak Ayam Broiler dalam Pola Kemitraan Inti Plasma dengan PT Ciomas Adisatwa di Kabupaten Kerinci
Maryati Maryati;
Putri Anggela Sari
Wajah Hukum Vol 2, No 1 (2018): April
Publisher : Universitas Batanghari Jambi
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DOI: 10.33087/wjh.v2i1.27
This research aims to find out and analyze the implementation of legal protection of chicken broiler breeders in partnership pattern core plasma with PT Ciomas Adisatwa Kerinci Regency, to know and analyze problems that happens in relationships the partnerships as well as to know and analyze the efforts that can be made to give legal protection to the breeder the plasma. Ciomas Adisatwa PT is a company that conducts business activities engaged in the breeding of the DOC (Day Old Chickhen) and produces various types of medicines and fodder for livestock. The number of breeders who do partnership with this company is as much as 14 farmers. This study is an empirical juridical research, i.e. research intended to find out how the implementation of legal protection of chicken broiler breeders in partnership with PT Ciomas Adisatwa. in Kerinci; whether it has been in accordance with the legislation in force. Primary data in this study were obtained directly from the results of the research field (field research) by doing the interview PT Ciomas Adisatwa employee, energy coaching and counseling in Dinas Farm District Kerinci, and six (6) people Chicken broiler breeders who partnered with PT Ciomas Adisatwa.. The results showed, legal protection of chicken broiler breeders in partnership with PT Ciomas Adisatwa. in Kerinci haven't fulfilled completely. A right that is already being met with a good breeder is a right to receive guidance about chicken farming from PPL sent by parties to the core. The right to the core of the saprodi have not been fulfilled so well because breeders often get DOC quality bad, feed and drug-obatanpun doubt its quality. The right to obtain a guarantee of marketing is indeed being met but the price that the parties set out the core of the breeder is not satisfactory. Whereas rights that have not been met at all was the right to participate in the making of the agreement. Problems occurring in the implementation of the partnership between rancher PT Ciomas Adisatwa with plasma is a low selling price of production results, Division of excess selling price of no obvious calculation breeder plasma just given potluck, the risk of failed harvest is fully charged to the plasma though the cause of the failed panennya are disease outbreaks, often late harvest and the core does not serve a protest from a breeder. Efforts that can be done to protect the ranchers plasma is by increasing the Government's role in the supervision, control and sustainable construction against the operations of the partnership and gave strict sanctions for parties breaking the rules of partnership.