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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<![CDATA[Tinjauan Yuridis Akibat Hukum Perjanjian Harta Bersama yang Dibuat Oleh Suami Istri Setelah Perkawinan Berdasarkan Putusan Mahkamah Konstitusi Nomor 69/PUU-XIII/2015 ]]>
<![CDATA[Abdul Hariss]]>;
<![CDATA[Nurul Wulan Kasmara]]>
<![CDATA[ Wajah Hukum Vol 3, No 1 (2019): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v3i1.56
<![CDATA[A marriage is a commitment between two people, in this case a man and woman, with material purpose to build a happy and everlasting family (household) based on Belief in the one and only God which is the first principle of Pancasila(Five Principles). Asset/property issue may arise due to marriage. The development of society’s mindset lead them to enter into a prenuptial agreement before they get married considering that both husband and wife are able to earn asset/property. Besides that, there are many other reasons to enter into a prenuptial agreement. Basically there is no mixture of wealth in marriage between husband and wife. The bconcept of shared assets originally came from customsnor traditions that developed in indonesia. This concept is then suported by islamic law and positive laws that apply in our country. Then a joint proprty agreement was made. Prenuptial Agreement is an agreement which is made by two people (betrothed couple) before they get married. Prenuptial Agreement had been stipulated in Article 29 Law No. 1 of 1974. However, since the Constitutional Court issued the Decision No. 69/PUU-XIII/2015, Prenuptial Agreement has several modifications which are presently being pros and cons in society. The matter which is being researched in this thesis is: what is the legal consequence of a prenuptial agreement which is made after marriage and based on the Decision of Constitutional Court No. 69/PUU-XIII/2015. The approach method which is used herein is normative legal research. The law material sources are primary law material and secondary law material in form of books and Legislation. Data analyses used in this research are processing and analyzing the data qualitatively andthen descriptively drawn up. The result of this research found the differences between Prenuptial Agreement which is stipulated in Article 29 Law No. 1 of 1974 and the Prenuptial Agreement which is stipulated in the Decision of Constitutional Court No. 69/PUU-XIII/2015]]>
<![CDATA[Kedudukan Asas Hukum dalam Penyelesaian Sengketa Melalui Arbitrase Berdasarkan Undang-Undang Nomor 30 Tahun 1999 ]]>
<![CDATA[Supeno Supeno]]>;
<![CDATA[Muhtar Dahri]]>;
<![CDATA[Hafid Zakariya]]>
<![CDATA[ Wajah Hukum Vol 3, No 1 (2019): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v3i1.45
<![CDATA[The enactment of Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution is a step forward in dispute resolution in Indonesia, especially the settlement of disputes in the field of trade in response to the deadlock in the settlement of trade disputes that require resolutions quickly, cheaply, informally, and maintained interests and the secrets of the parties. However, there are still some rules and practices that are not in line with the principle of arbitration law itself. In this paper will be reviewed and analyzed the position of the legal principle used in resolving disputes through arbitration, so it is hoped that these legal principles can be upheld by all interested parties, if there are legal rules and legal practices that are contrary to this legal principle, they can be ruled out.]]>
<![CDATA[Kebijakan Formulasi Hukum Pidana Terkait Wajib Menyalakan Lampu Utama pada Siang Hari Dalam Pasal 107 Ayat (2) Undang-Undang Nomor 22 Tahun 2009 Tentang Lalu Lintas dan Angkutan Jalan ]]>
<![CDATA[Reza Iswanto]]>
<![CDATA[ Wajah Hukum Vol 3, No 1 (2019): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v3i1.51
<![CDATA[Current traffic accidents continue to occur on the highway so it does not rule out the possibility of casualties. For this reason, Law Number 22 Year 2009 concerning Traffic and Road Transportation has been issued as amended by Law Number 14 of 1992 concerning Road Traffic and Transportation. In Law Number 22 of 2009 concerning Road Traffic and Transportation there are more specific arrangements regarding requiring motorbike riders to turn on their main motorbike lights during the day, namely Article 107 Paragraph (2) of Law Number 22 2009 concerning Road Traffic and Transportation. The background of the policy on the formulation of criminal law Article 107 Paragraph (2) of Law Number 22 Year 2009 concerning Road Traffic and Transportation is that Law Number 14 of 1992 concerning Road Traffic and Transportation is no longer compatible with conditions, strategic environmental changes and the need to carry out Road Traffic and Transportation at this time and to realize security and reduce the number of accidents that always increase every year. However, the implication of Article 107 Paragraph (2) of Law Number 22 Year 2009 concerning Road Traffic and Transportation is the greater loss obtained than the benefits generated. Therefore, the impending formulation of criminal law policy related to Article 107 Paragraph (2) of Law Number 22 Year 2009 concerning Road Traffic and Transportation is the abolition of Article 107 Paragraph (2) Law Number 22 Year 2009 concerning Traffic and Road Transportation. To get the results of this study, the normative legal approach is used by prioritizing library materials or secondary data which is carried out by analyzing Article 107 Paragraph (2) of Law Number 22 Year 2009 concerning Road Traffic and Transportation and then associated with expert opinion]]>
<![CDATA[Penyelesaian Sengketa Pemilihan Umum di Indonesia ]]>
<![CDATA[Mhd Ansori]]>
<![CDATA[ Wajah Hukum Vol 3, No 1 (2019): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v3i1.57
<![CDATA[The realization of democracy in Indonesia is one of which is carried out by general elections, this is a political contestation which often present disputes.There is a general understanding that effective electoral dispute resolution mechanisms and processes are a “sine qua non” for fair and fair elections.As well as the implementation of the general election system is designed in there is alwayas a possibility of violations that can reduce the quality of general elections, for that as well as the implementation of the general election system, within it is always available a trusted istitutional mechanism to resolve various types of general election objections and disputes.Disputes or disputes can be divided into two, that is (1) disputes in the electoral process (especially those that occur between participants in the general election or between candidates) which have been handled by the election supervisory committee and election results disputes or disputes. This paper aims to find out and analyze the dispute resolution of elections in Indonesia.The type of research used is normative juridical research, using conceptual approach, legislation approach, and historical approach]]>
<![CDATA[Plea Bargaining dalam Sistem Peradilan Pidana di Beberapa Negara ]]>
<![CDATA[Nella Octaviany Siregar]]>
<![CDATA[ Wajah Hukum Vol 3, No 1 (2019): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v3i1.46
<![CDATA[Plea Bargaining System is widely interpreted as a statement of guilt of a suspect or defendant. Plea Bargaining practised in many countries that have embraced the Common Law legal system. Plea Bargaining that was developed in the common law "legal system" has inspired the emergence of "mediation" in the practice of the judiciary based on the criminal law in the Netherlands and France, known as "transactie". Plea Bargaining is categorized as a settling outside the hearing and their users is also based on specific reasons. Even in the renewal of law criminal justice events in Indonesia, has also picked up the basic concept of plea bargaining that was adopted in the RUU KUHAP with the concept of "Jalur Khusus". That with the presence of the concept of "Jalur Khusus", is also a concern when viewed can enactment back recognition of guilt of the defendant as the basis of the judge's verdict is dropping. The purpose of this paper is to find out, analyze the plea bargaining in some countries. The type of research used is the juridical normative research, using a conceptual approach, comparative approach, historical approach.]]>
<![CDATA[Pemberantasan Pungutan Liar pada Pelayanan Publik dari Perspektif Sosiologi Hukum ]]>
<![CDATA[Eko Budi S]]>
<![CDATA[ Wajah Hukum Vol 3, No 1 (2019): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v3i1.52
<![CDATA[The phenomenon of illegal levies that occur in Government Institutions/Institutions involves individuals and society, which makes a social culture maintained so that it becomes a natural thing. This greatly tarnished the Institutions/Institutions that provided services to the community. The issue of public service is very complex so that people in need and providers of public services tend to perpetuate these illegal levies. Current practices of illegal levies have damaged the joints of community life and caused harm to the people who need them. Like an iceberg phenomenon, illegal fees only appear if caught after legal complaints / actions by law enforcement officials, but there are still many that have not been reported / revealed. The purpose of this study is to contribute ideas in the context of eradicating illegal levies in the public service sector through a legal sociology approach. The type used in the study is normative juridical using the statutory approach.]]>
<![CDATA[Faktor Penyebab Pengguna Narkotika di Kalangan Masyarakat ]]>
<![CDATA[Oktir Nebi]]>
<![CDATA[ Wajah Hukum Vol 3, No 1 (2019): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v3i1.59
<![CDATA[Drug abuse also affects the body and mental-emotional of its users. If it is consumed more often, especially in excess amounts it will damage the health of the body, psyche and social functions in the community. The influence of drugs on adolescents can even have more fatal consequences, because it inhibits his personality development. Narcotics can damage one's potential, because it is considered a "reasonable" way for someone to deal with and solve problems in daily life. Not apart from the various problems faced are seen from several factors 1) Frustration because they do not get a job 2) Lack of information about the danger of sabu-sabu abuse 3) The nature of adolescents who are easily influenced by friends or the environment. In this scientific writing research, the type of research used is normative juridical research. The approach used is the conceptual approach (conceptual approach) and the legal approach (statute approach). Prevention that can be done with Primary Prevention (Primary Prevention), Secondary Prevention (Secondary Prevention), Tertiary Prevention (Tertiary Prevention).]]>
<![CDATA[Kajian Kriminologi dan Hukum Pidana terhadap Perilaku Vigilantisme pada Masyarakat ]]>
<![CDATA[Beridiansyah Beridiansyah]]>
<![CDATA[ Wajah Hukum Vol 3, No 1 (2019): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v3i1.47
<![CDATA[The ongoing construction companies currently carry a wide range of impacts both positive or negative influence, these effects also impacted the habits on society in addressing any social problems that happen to be settled quickly and instantly, so the imposition of the will is not uncommon accompanied by acts of violence in the form of vigilantism and perform other unlawful acts by ignoring the presumption of innocence that we have adopted in the law enforcement system in our country. The purpose of writing this journal to find the cause of vigilantism on society. To know more about this then vigilantism in question is what is meant by vigilantism and crime and how the approach of criminology and criminal law against vigilantism. Act of vigilantism is a form of public disappointment against careless law enforcement agencies in addressing the problems faced by the community]]>
<![CDATA[Perbedaan Pemahaman Konsep Ikrar Talak Menurut Putusan Pengadilan Agama dengan Syariat Islam ]]>
<![CDATA[Nourma Dewi]]>;
<![CDATA[Femmy Silaswaty]]>
<![CDATA[ Wajah Hukum Vol 3, No 1 (2019): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v3i1.53
<![CDATA[This study aims to determine the differences in understanding the concept of talaq pledges according to the decisions of religious courts with Islamic Shari'a. This research is normative legal research. The research approach used in this study is the legislative approach and the conceptual approach. Based on the results of the research and discussion it can be concluded that there is a concept inconsistency between the religious courts that adhere to the Compilation of Islamic law with Islamic Shari'a which includes the fall of divorce, legal remedies, and the enactment of the Islamic period.]]>
<![CDATA[Analisa Ekonomi Atas Hukum Pidana terhadap Penanggulangan Tindak Pidana Korupsi ]]>
<![CDATA[Dedy Syaputra]]>
<![CDATA[ Wajah Hukum Vol 3, No 1 (2019): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v3i1.48
<![CDATA[Life in the community will not be far from economic problems, so even economic problems will become a legal problem if the aspect of fulfilling daily needs suffers. Then criminal problems will arise such as theft, and others. Even on a larger scale can the white collar crime arise. The purpose of this study aims to analyze economics of law, or commonly known as "Economic Analysis of Law" will test systemically how people act against legal incentives and analyze them according to social welfare measures. The method used is a normative juridical approach, which is to find the legal norms and norms for dealing with corruption]]>
