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WAJAH HUKUM
Published by Universitas Batanghari Jambi
ISSN : -     EISSN : 2598604X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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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Articles 34 Documents
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Search results for , issue "Vol 4, No 2 (2020): Oktober" : 34 Documents clear
Hak kekayaan Intelektual pada Bisnis Pariwisata Di Kota Wisata Sungai Penuh dan Kabupaten Kerinci Firya Oktaviarni; Dwi Suryahartati
Wajah Hukum Vol 4, No 2 (2020): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v4i2.244

Abstract

The city of Sungai Penuh and Kerinci Regency rely on tourism as a source of regional income supported by natural beauties and cultural diversity of the local communities. Utilizing the potential of nature and culture as assets of regional financial income requires a variety of supporting business components, including hotels, restaurants, culinary, travel agencies, craft arts and its products, performing arts and natural tourism and so on, where all these components shall be utilized optimally.  Legal protection of Intellectual Property Rights is needed as well. Based on that, the main legal problem raised in this article is the application of Intellectual Property Rights in the tourism business in the city of Sungai Penuh and Kerinci Regency. This article is sociological juridical study using the qualitative analysis method and both primary and secondary data as research materials. It is shown that the existence of intellectual property rights in both regions has not exercised optimally as there are lacks of understanding on the importance of the existence of intellectual property rights as part of legal protection for local assets in the tourism business in Indonesia. The local governments, supported by academics, shall socialise the importance of intellectual property rights to the community by using the local wisdom approach. 
Analisis Kewenangan Penyidik Kepolisian dan Badan Narkotika Nasional Dalam Penegakan Hukum Pidana Narkotika (Studi Kasus pada Polda Kepri dan Badan Narkotika Propinsi Kepulauan Riau) Abdul Muchlis Hutabarat; Idham Idham; Henri Aspan
Wajah Hukum Vol 4, No 2 (2020): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v4i2.225

Abstract

Until now efforts to tackle drugs by formal government institutions (Ministry of Health, Immigration, Customs, Police, Narcotics Agency, etc.) as well as by other non-governmental organizations are still not optimal, are less integrated and tend to act individually sectorally. The problem of drug abuse is not handled optimally, so cases of drug abuse tend to increase both in quality and quantity.The problem in this research is how the Legal Arrangement of the Police and National Narcotics Agency Investigations Against Narcotics Criminals, How to Implement the National Police and Narcotics Agency Investigation Authority Against Narcotics Crimes, and what factors are obstacles, and the solution to the National Police and Narcotics Agency Criminal Investigation Authority Narcotics criminal. This research was conducted to determine the Legal Arrangement of the Police and National Narcotics Agency Investigation of Narcotics Criminals, the Implementation of the National Police and Narcotics Agency Criminal Investigation Authority Against Narcotics Criminal Acts, as well as what factors were constraints, and the solution of the National Narcotics and Police Narcotics Investigation Authority Against Criminal Crimes Narcotics. This study uses a descriptive analytical method with a sociological juridical approach (sociological legal research) to study the laws and regulations relating to the process of investigating and investigating non-criminal drugs. The results of this study indicate that the authority of the National Police and Narcotics Agency Investigators in Narcotics Criminal Law Enforcement has basically been implemented well, although there are still many obstacles, especially conflicts in the implementation of the law.
Urgensi Penerapan Interdependent Airspace Governance Untuk Optimalisasi Tata Kelola Ruang Udara Nasional Sebagai Antisipasi Open Sky Policy Wahyu Beny Mukti Setiyawan; Nurul Hidayah; Andi Chaerul Sofyan
Wajah Hukum Vol 4, No 2 (2020): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v4i2.252

Abstract

Indonesia as an archipelago state has a national airspace of 5,180,053 km². Indonesia's airspace is located in a strategic position between the continents of Asia and Australia which makes Indonesia one of the busiest air routes in the world. Therefore, the management of air space is a vital matter that must be emphasized through various legal instruments. The sovereignty of Indonesian air space is affirmed in Article 49 paragraph (2) of the 1982 International Law of the Sea Convention which was ratified by Law Number 17 of 1985 concerning Ratification of the United Nations Convention on the Law of the Sea. This article explicitly regulates the legal status of archipelagic waters, air space over archipelagic waters and the seabed as well as the land below. So far, territorial sovereignty that is complete and exclusive is regulated in Law Number 1 of 2009 concerning Aviation, but it does not specifically regulate the boundaries of Indonesia's sovereign air space, either vertically or horizontally. The national airspace of a country is completely closed to foreign aircraft, both civilian and military, so it must be with the permission of the underworld, either through bilateral agreements or multilateral agreements, so that a country's national air space can be traversed by foreign aircraft. Such closed nature can be understood considering that air space is a very vulnerable medium of movement when viewed from the point of view of under-state defense and security. Attacks using aircraft have many advantages and conveniences that can exploit the vulnerability of an air space, such as its fast (speed), wide range, surprise, optimal penetration. This is what prompts each country to adopt its national airspace protection standards which are strict and rigid. Flights between countries are fully regulated through the Bilateral Air Transport Agreement (BATA). Without BATA, the state cannot provide air transportation services to a country. BATA itself is a form of implementation of state sovereignty in air space that is complete and exclusive in the midst of globalization challenges, such as aviation liberalization (Open Sky Policy). Referring to the Open Sky Policy, this policy allows air carriers to make decisions on routes, capacities, prices and various options for flight activities.
Perbandingan Sistem Hukum Antara Indonesia dan Malaysia Sigit Somadiyono
Wajah Hukum Vol 4, No 2 (2020): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v4i2.243

Abstract

This research is a comparative study of two laws in the world, Indonesian law and Malaysian law. The second study was conducted by comparing the terms of definition, characteristics, objectives, and legal system in the judicial structure. The study aims to look at comparisons of the two to find possible advantages and disadvantages. By comparatively comparative malaysian legal system, in fact, Indonesia is no worse than in Malaysia, in this study it turns out that Indonesia has many advantages that people who work and work in the field of law, and therefore the possibility of the rule of law in Indonesia is still better because many people are law-abiding. The State of Indonesia must create a good legal system, the structure of the court should consider the culture of society such as Malaysia, because law enforcement will be more effective when in accordance with the values or customs that have been formed in the society itself.
Pengelolaan Coorporate Social Responsibility Menurut Peraturan Perundang-undangan di Indonesia Lili Naili Hidayah; Raffles Raffles; Pahlefi Pahlefi
Wajah Hukum Vol 4, No 2 (2020): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v4i2.241

Abstract

Corporate Social Responsibility (CSR) is one of the obligations that must be carried out by companies in accordance with the contents of article 74 of Law Number 40 of 2007 concerning Perseroan Terbatas. The purpose of this study is to find out about the ideal management of CSR for limited liability companies. This research is a normative study, using a conceptual approach and legislative approach. Based on the results of the study found that the CSR obligation norms for the company seem indecisive, because Social Responsibility has not been explicitly set about CSR mechanisms specifically in regulations, standards "propriety” and “reasonableness” in CSR budgeting, the form of implementation and who is competent in assessing the reasonableness and propriety must be clearly regulated in government regulations so that CSR management is directed and measurable.
Analisis Bentuk Pembinaan Narapidana Di Lembaga Pemasyarakatan Kelas IIA Kalianda Candra Dian Tawawi; Padmono Wibowo
Wajah Hukum Vol 4, No 2 (2020): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v4i2.237

Abstract

Guidance is the state's effort for inmates to realize mistakes, not repeat, be accepted back, be active in the development, and live to be good and responsible citizens, under the function of guidance in prisons in the context of prisons, namely social reintegration. The research method used in the research is through a qualitative research approach where primary and secondary data are analyzed in the form of descriptions based on symptoms, and theory of association with additional/secondary data, the results are guidelines in the Class IIA Prison Kalianda Penitentiary obtained through personality development and independence activities. The stages of development for prisoners consist of initial, advanced, and final stages, the implementation of guidance by determining appropriate guidance for the correctional team session which is determined by the head of the correctional facility. Institutions coordinate with the security section, the constraints for coaching come from within prisoners who are less interested in participating in existing coaching programs or lack of coaching facilities and can be overcome through data collection, approaches, invitations to prisoners and collaboration with third parties as well as coaching results in the form of increased soft skills and can more devoted to God
Peran Dinas Lingkungan Hidup Kota Jambi dalam Penerapan Sanksi Administrasi Denda Berdasarkan Peraturan Daerah Nomor 8 Tahun 2013 Tentang Pengelolaan Sampah Herma Yanti; Dedy Syaputra; Melly Susyandari
Wajah Hukum Vol 4, No 2 (2020): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v4i2.251

Abstract

Based on the Jambi City Regional Regulation Number 8 of 2013 concerning Waste Management, violations of the prohibition on waste disposal are subject to administrative sanctions as the main penalty. The amount of the fine is set at a high amount and is applied by the Jambi City Environment Agency (DLH). However, there are still many violations of the prohibition. This study aims to discuss how to regulate the amount of the fine and how the role of DLH Jambi City in implementing fines for violations that occur. The approach used is the sociological legal approach, and research data consists of primary data and secondary data. The role of DLH is measured by the ability of DLH to apply the amount of fines that have been determined, from the amount and time span of the application of fines and from the types of violations for which fines have been applied. From the research results, it is known that from the ability to apply the amount of fines, the role of DLH is not optimal because the amount of fines applied to violators is not all according to the stipulated provisions. The amount and time span of the application of fines are also not optimal because they are not yet comparable to the intensity of violations that can be seen every day, while the application of fines that are carried out does not always exist every month. From the types of violations that have been subject to fines are also not optimal because not all types of violations that have occurred can be seen the application of the fine sanctions.
Pertanggungjawaban Rumah Sakit terhadap Dokter yang Melakukan Malpraktik Reza Havrian
Wajah Hukum Vol 4, No 2 (2020): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v4i2.255

Abstract

Hospital is a health care institution that organizes individual health services in a plenary that provides inpatient, outpatient, and emergency services. In Indonesia, the practice of hospitals is governed by the law No. 44 year 2009 about hospitals. The law, in addition to being a basic guideline for legal and administrative, is also made to provide legal certainty in the maintenance of health services, as well as provide protection for the Community and protection of resources People in hospitals. Currently, hospitals can be held accountable because the condition of the hospital is no longer an institution that only focuses on the principle to help people only. The hospital slowly changed its function into a profit-oriented corporation. This is because the growing of science and technology are valued so much that doctors and hospitals also need additional costs for survival. The provisions of the hospital are responsible for the loss of a person as a result of the action of health workers, this is a request for the hospital to be responsible for te actions taken by the officers of his subordinates either as the status Fixed or not fixed. Doctors as a party to the agreement by the hospital do have the achievement to seek the healing of the patient through the search for the most appropriate therapy and not on promising healing from the patient. Therefore, doctors have a responsibility for the actions that do not only take the best effort according to the knowledge and experience he possesses. The hospital's accountability to doctors who do malpractice is not absolute and has many gaps. Unlike the damages to civil law, criminal liability can still be made by using the doctrine of corporate accountability.
Penerapan Mashlahah Mursalah Sebagai Pertimbangan Hakim Dalam Memutus Perkara di Pengadilan Agama M Hasbi Umar; Muhammad Muhammad; Warfian Saputra
Wajah Hukum Vol 4, No 2 (2020): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v4i2.228

Abstract

The use of mashlahah mursalah as a basis for legal determination among ulama is still disputed until it is divided into two groups, namely the group that uses mashlahah mursalah and the group that does not use mashlahah mursalah, but the difference of opinion has no effect on religious judges in Indonesia, because there are several decisions of religious judges. Applying mashlahah mursalah as a basis for consideration in his decision. This is as stated in the decision of the Jambi Religious Court judge in the Divorce Case Number 634 / Pdt.G / 2019 / PA.Jmb, Marriage Dispensation Number 40 / Pdt.P / 2020 / PA.Jmb, and Isbat Nikah Number 14 / Pdt. P / 2017 / PA.Jmb. This is based on several legal considerations, namely first, using mashlahah mursalah as argument and legal reasoning based on evidence and facts in court. Second, avoiding the harm that seekers of justice are facing with the aim of achieving the essence of sharia, namely protecting religion, soul, mind, descent and property. 
Pengawasan Pengelolaan Lingkungan Dibidang Pertambangan Berdasarkan Undang-Undang No. 4 Tahun 2009 Tentang Pertambangan Mineral dan Batu Bara Eren Arif Budiman; Ahmad Arif Zulfikar
Wajah Hukum Vol 4, No 2 (2020): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v4i2.240

Abstract

One of the environmental issues that affect the management of natural resources is mining activities. Based on Law No. 4 of 2009 concerning Mineral and Coal Mining began to open new horizons regarding the juridical aspects of mining management from its environmental aspects as well as being discussed about the independence of Indonesian mining. The role of the government in the formulation of environmental management supervisory policies must be optimized because natural resources have a very important role, especially in the context of increasing state revenue through clear and fair mechanisms of taxes, levies and profit sharing, and protection from ecological disasters. In line with regional autonomy, the gradual delegation of authority from the central government to regional governments in natural resource management is intended to increase the role of local communities and maintain environmental functions. The method in this research is normative legal research. The source of law used in this research is secondary legal material obtained by conducting literature review. Data analysis in this research is by qualitative analysis. Based on the contents of the discussion related to the supervision of environmental management in the mining sector based on Law no. 4 of 2009 concerning Mineral and Coal Mining covering environmental management, reclamation and post-mining including environmental management and monitoring in accordance with environmental management documents or environmental permits that are owned and have been approved; arrangement, restoration and improvement of land in accordance with its allocation; stipulation and disbursement of reclamation guarantee; post mining management; stipulation and disbursement of post-mining guarantees; and compliance with environmental quality standards in accordance with statutory provisions.

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