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[Kesiapan Lapas Kelas I Bandar Lampung Dalam Menghadapi Bencana Alam ]]>
<![CDATA[Ganda Aulia Wicaksana]]>;
<![CDATA[Padmono Wibowo]]>
<![CDATA[ Wajah Hukum Vol 5, No 1 (2021): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i1.288
<![CDATA[The condition of correctional institutions in Indonesia which is currently over capacity or overcapacity as well as the geographical location of Indonesia which is surrounded by dozens of active volcanoes which are also in the zone or ring of fire area which makes the condition of the Indonesian state very dangerous and prone to disasters. However, there are still many lack of employee awareness regarding work accidents and a lack of Occupational Safety and Health signs in the correctional Technical Implementation Unit. So that it caused a lot of riots in the correctional institutions because of the disaster. The purpose of this study discusses the factors that cause accidents in prisons, the implementation of evacuation routes in prisons and a review of the implementation of evacuation routes in prisons. The method used in this research is descriptive method with a qualitative approach, the data sources obtained are field observations, interviews and literature studies. Data collection techniques are direct observation and interviews as primary data and literature studies and theory studies as secondary data. This research was conducted at the Class I Correctional Institution in Bandar Lampung. The results of this study are to be able to find out the factors that cause accidents in prisons, to find out the implementation of evacuation routes in prisons and to be able to evaluate the implementation of safety for natural disasters and other disasters based on the results of implementing the evacuation routes in prisons and the mechanisms for implementing evacuation routes. as the readiness of a correctional institution in dealing with, anticipating and preventing disasters. This study discusses the importance of fulfilling occupational safety and health signs in the form of evacuation routes to provide a sense of security and safety at work. This research also discusses the implementation of occupational safety and health signs as the fulfillment of the rights of prisoners. So that this research is expected to make people's views about prisoners not always negative and change people's views on the life of prisoners in prisons.]]>
<![CDATA[Pengakuan terhadap Masyarakat Hukum Adat Marga Sarampas dan Penguasaan Hak Atas Tanahnya ]]>
<![CDATA[Hendra Herman]]>
<![CDATA[ Wajah Hukum Vol 5, No 1 (2021): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i1.340
<![CDATA[The decision of the Constitutional court (MK) Numbere 35/PUU-X/2012 has implications for state recognition of the traditional rights of indigenous peoples in the form of custimary forests which have have been neglected. The study aims to determine the legal position of the indigenous people of Marga Sarampas in controlling their land rights. The formulation of the problems raised in this research are (1) how is the recognition and protection of the indigenous peoples of Marga Sarampas; (2) how the rights to land of the indigenous people of Marga Sarampas.]]>
<![CDATA[Dispensasi Perkawinan Anak Setelah Adanya Perma Nomor 5 Tahun 2019 ]]>
<![CDATA[Allika Fadia Tasya]]>;
<![CDATA[Atik Winanti]]>
<![CDATA[ Wajah Hukum Vol 5, No 1 (2021): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i1.333
<![CDATA[Ratification of Law Number 16 of 2019 which regulates increasing the minimum age of a person to get married is an attempt to prevent child marriage. Because child marriage is a violation of children’s right. However child marriage still often happen in Indonesia and still many parents who apply marriage dispensation with an urgent reason. But in the practice, there is no specific regulation about this marriage dispensation there is no equality in adjudicating dispensation of marriage. This article use normative judicial research metodhs and use statute approach. The purpose of this research is to find answers about how the impact of child marriage on children’s right and analyze about judge’s consideration in adjudicating child marriage dispensation after there is Supreme Court Regulation Number 5 of 2019. Based on the results of this research were found that child marriage make children difficult to get their rights. Because they have new responsibility to take care of their marriage life. Eventhough there was a regulation that regulate about child’s right but it’s implementation not maximal yet, especially for who married in the child age. Then now regulation about marriage dispensation has been specially regulated in Supreme Court Regulation Number 5 of 2019 about guidelines for adjudicating applications for marriage dispensation that can used for every judge in the court which prioritize the best interests of child principle.]]>
<![CDATA[Pelaksaan Perjanjian Terapeutik Antara Pasien dengan Rumah Sakit Jiwa Jambi ]]>
<![CDATA[Supeno Supeno]]>;
<![CDATA[Fachruddin Razi]]>;
<![CDATA[Fauty Intan Faradila]]>
<![CDATA[ Wajah Hukum Vol 5, No 1 (2021): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i1.414
<![CDATA[Generally an agreement is an agreement made by both parties or more about something they agree to, and in the agreement contains the rights and obligations of each party. In this study formulates how the implementation of the agreement in a mental hospital because the patient has a psychiatric disorder so incapable to do the agreement so represented by the family / guardian of the patient and the problem of what happens about rights or obligations that are not obtained or not implemented. when the patient is incapable and competent to approve medical measures. Whether or not a patient with a psychiatric disorder consents, it also affects the obligations of the guardian or the person in charge of the patient, because the guardian is the person in charge of the patient, after agreeing that both parties are bound by the therapeutic agreement. But in the implementation of the therapeutic agreement can not always be implemented properly, the purpose of this study is to find out how the contents of the agreement between the hospital and the mental hospital patient, what problems occur in the implementation of the agreement between the mental hospital and the patient and how to solve the problems that occur between the hospital and the patient of jambi mental hospital. The results showed that the hospital and patients are bound in a standard agreement in which there are each right and obligation of both parties, the problem that occurs is the negative treatment of medical personnel to mental hospital patients, negligence done by the patient's family to the hospital, the resolution of problems that occur solved by musywarah and the hospital directly visit the family who abandoned his family in jambi mental hospital.]]>
<![CDATA[Analisis Pertanggungjawaban Pidana Bagi Pelaku Tenaga Pendidik Dalam Melakukan Kejahatan Pencabulan terhadap Anak (Studi Putusan Nomor 75/PID.SUS/2020/PN Metro) ]]>
<![CDATA[Margaretha Laurinsque L.T]]>;
<![CDATA[Erna Dewi]]>;
<![CDATA[Indah Satria]]>
<![CDATA[ Wajah Hukum Vol 5, No 1 (2021): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i1.373
<![CDATA[Fornication embodies the kufr one comes from sexual tyranny which results from the existence of deformations that give birth to a part in the figure of our audience. Fornication is a form of cruelty that plays very sluggishly, especially in the face of the victim, especially if the victim is a child because the child is the future successor or can be called the successor of the nation because sexual immorality will violate human rights and can damage human dignity, especially for the soul, reason and descendants. The problem in this research is what factors influence the criminal act of child molestation and how the accountability is based on Decision Number 75 / Pid.Sus / 2020 / PN Metro. The research method using this research journal is a normative juridical approach and an empirical approach. Based on the results of the research, the factors causing the perpetrator to commit the crime of sexual immorality against this child include religious factors where the faith of the defendant is shaky and tempted by worldly temptations. the occurrence of sexual immorality.]]>
<![CDATA[Analisis Hukum terhadap Hak Imunitas Advokat Dalam Beracara Memberikan Bantuan Hukum ]]>
<![CDATA[M Rudi Hartono]]>;
<![CDATA[Radi Candra]]>
<![CDATA[ Wajah Hukum Vol 5, No 1 (2021): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i1.350
<![CDATA[The existence of advocates as justice seekers at this time is very much needed and important in the life of the community and nation as well as increasing legal awareness and the complexity of legal problems in society. Advocacy is a profession that provides legal services to the public or its clients who face legal problems, both those related to criminal, civil and state affairs. Legal services provided by Advocates can be in the form of legal consultations, legal assistance, legal advice providers, exercising power, representing, assisting, defending, and performing other legal actions for and on behalf of clients. In providing these legal services, an Advocate can carry out it through a prodeo (Free of charge) or obtain an honorarium or payment for services from the client. In general, the position of an advocate is equal to that of other law enforcers such as the judges, prosecutors, and the police. : "Thus, advocates also play an important role in upholding and protecting the law for the community. The proper role of an advocate has been regulated in Law Number 18 of 2003 concerning "Advocates.]]>
<![CDATA[Penerapan Penjatuhan Hukuman Kebiri Kimia Serta Tata Cara Eksekusinya pada Pelaku Kejahatan Pelecehan Seksual terhadap Anak ]]>
<![CDATA[Nashru Nazar Rosyidi]]>;
<![CDATA[Oci Senjaya]]>
<![CDATA[ Wajah Hukum Vol 5, No 1 (2021): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i1.405
<![CDATA[Nowadays, there are more and more crimes of child sexual abuse in Indonesia. Children should be protected by the government in order to become the nation's next generation. In 2019, the Mojokerto District Court sentenced the defendant Aris (20) who was convicted of a crime of sexual abuse against a child and this verdict was the first verdict in Indonesia to impose chemical castration on perpetrators of crimes of sexual abuse against children. This writing uses the juridical-normative method which looks at empirical data as a reference for writing this journal. For some parties, chemical castration punishment is considered effective in punishing perpetrators of crimes of child sexual abuse so that it becomes a frightening thing for other perpetrators of sexual abuse crimes. This is included in the category of the theory of the purpose of punishment in order to create order and order in society. Perppu Number 1 of 2016 is the legal basis for the application of chemical castration punishment. However, there are many pros and cons to castration. One of the things that has created contra is contrary to the ratification of human rights. Considering that Indonesia is a state based on the rule of law, which is obliged to protect human rights guarantees as stated in Article 28 I of the 1945 Constitution of the Republic of Indonesia.]]>
<![CDATA[Eksistensi Lembaga Mediasi Sebagai Sarana Penyelesaian Sengketa Medis ]]>
<![CDATA[Evalina Alissa]]>;
<![CDATA[Sasmiar Sasmiar]]>
<![CDATA[ Wajah Hukum Vol 5, No 1 (2021): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i1.426
<![CDATA[This article discusses the existence of mediation institutions as a means of resolution in disputes, which discusses the legal basis and position of the mediation institution, the criteria or medical disputes and also the legal power of the mediating institution in the resolution of medical disputes. The research method used by the author is a doctrinal research method which is intended to find a legal principle, rule of law and legal doctrine in order to get answers to legal issues in the discussion in this article. Medical disputes arise due to different interpretations between health services and the patient/ patient's family in providing services to health. However, in the medical practice law, it is stated that the settlement of medical disputes can be done through litigation and submitting complaints to the Honorary Council of Indonesian Medical Disciplines and since the health law and the hospital law, mediation institutions have begun to be recognized as an institution that conducts medical work. the settlement process outside the judiciary and has the legal power of the mediation institution.]]>
<![CDATA[Kajian Hukum Kualifkasi Sanksi Kebiri Kimia Sebagai Sanksi Tindakan dalam Hukum Pidana di Indonesia ]]>
<![CDATA[Tantimin Tantimin]]>
<![CDATA[ Wajah Hukum Vol 5, No 1 (2021): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i1.302
<![CDATA[Castration is an action given to perpetrators of sexual crimes against children, in addition to imprisonment and fines. The purpose of this article is to find out the basic differences between criminal sanctions and action sanctions, to know the position of castration as an action sanction in criminal law and to analyze the castration penalty does not apply to children as perpetrators of sexual crimes. This research uses doctrinal legal research. Sources of legal information use primary legal materials (regulations and relevant documents) for further qualitative analysis. The approach used is statutory, conceptual, and analysis to help solve the problem formulation. The results of the research show that, at first glance, criminal sanctions and sanctions are often vague to distinguish, but at the level of basic ideas, there are very clear differences between the two types of sanctions. The reactive nature of an act is contained in the criminal sanction which connotes giving an affliction, while the anticipatory nature of the perpetrator of the act is contained in the sanction of action which connotes giving a remedy. The position of castration in the criminal system in Indonesia is not a principal, additional or a burden, but includes a sanction of action. Actions in the form of chemical castration are exempted for child offenders.]]>
<![CDATA[Kedudukan Hukum Anak Perusahaan Badan Usaha Milik Daerah ]]>
<![CDATA[Sigit Somadiyono]]>
<![CDATA[ Wajah Hukum Vol 5, No 1 (2021): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i1.428
<![CDATA[Subsidiary is a company that was born due to the transfer or participation of majority shares by another company or it is called the parent company. There are no regulations related to subsidiaries in the laws and regulations related to companies or regarding Regional Owned Enterprises. This has resulted in confusion regarding the position of the regional-owned company subsidiaries, especially the unclear position of state finances in the subsidiary companies. The problem in this research is what is the legal status of ownership of a regional-owned company subsidiary? And what is the responsibility of the holding company of a Regionally Owned Company to its subsidiaries? The purpose of this study was to determine the legal status of the subsidiary and the responsibilities of the Regional Owned Company as the holding company. The research method used is normative juridical analysis of the laws and regulations and the theory of the jurists. From the results of the research, it is found that even though the status is a subsidiary of a Regional Owned Enterprise, the subsidiary is not owned by the Regional Government but has a private or private status, so that there is no special binding legal relationship between the Regional Government as a shareholder of a Regional Owned Enterprise and its owned subsidiary Regional owned enterprises. The responsibility of a Regional Owned Company as the holding company with its subsidiary is limited to the relationship between the shareholders and the company as stipulated in Law Number 40 of 2007 concerning Limited Liability Companies.]]>
