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[Analisis Yuridis Kontrak Pembiayaan Modal Ventura Dengan Pola Bagi Hasil Pada Pelaku Usaha Kecil dan Menengah ]]>
<![CDATA[Indrajaya Indrajaya]]>
<![CDATA[ Wajah Hukum Vol 5, No 2 (2021): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i2.713
<![CDATA[In the business world, capital is an obstacle that is often faced by business actors, especially for small businesses. In order to solve this problem, the government issued regulations related to this problem. Among them through PP No. 9 of 2009 which regulates Financing Institutions and Minister of Finance Regulation No. 18/PMK.010/2012 Regarding Venture Capital Companies. In practice, this company in its capital participation with its business partner company is stated in the form of a written agreement (contract). The purpose of this study was to analyze the contents of the venture capital financing contract with a profit-sharing pattern at PT. South Sumatra SPV. Meanwhile, the problem of this research is how is the financing contract with the profit-sharing pattern applied by PMV with small and medium business actors in South Sumatra. This type of legal research is normative in nature, the legal materials used are primary, secondary and tertiary. It is carried out with a statutory approach and the conclusion of this research is that the financing contract carried out by the parties both formally and materially has fulfilled the legal requirements of a contract as regulated in Article 1320 and Article 1338 of the Civil Code Pdt and made before a Notary and signed by the business partner company and PMV represented by the management, namely the Board of Directors.]]>
<![CDATA[Konstitusionalitas Ancaman Pidana Terhadap Kejari (Penetapan Status Barang Sitaan dan Prekursor Narkotika) ]]>
<![CDATA[Emir Ardiansyah]]>;
<![CDATA[Ulya Kencana]]>;
<![CDATA[Romli SA]]>
<![CDATA[ Wajah Hukum Vol 5, No 2 (2021): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i2.540
<![CDATA[Studies on the constitutionality of criminal threats against the Attorney General's Office (Head of the State Prosecutor's Office) in determining the status of confiscated narcotics and narcotic precursors, based on the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics, it is very necessary to do so. The regulation has an over-criminalization nuance that is detrimental to the constitutional rights of the Kejari. The research aims to analyze the role of the state in protecting the constitutional rights of the Kejari within the rule of law framework. The scope of the research describes the structure of values or norms in statutory regulations and the principles it adheres to. Legal principles are used in interpreting the Narcotics Law by linking it to the rule of law framework. The research method is normative legal research using secondary data. The results of the research revealed that the provisions in Article 141 and Article 91 paragraph (1) of the Narcotics Law have the potential to violate the constitutional rights of the Kejari. because it is not in accordance with the protection of constitutional rights in the institutional structure of the prosecutor's office, which may not be intervened in criminal law enforcement. In conclusion, the state plays a major role in implementing the protection of the constitutional rights of citizens and Kejari officials. The state is obliged to fulfill, respect and protect the constitutional rights of citizens. Institutionally, the state synergizes with the prosecutor's office must affirm the ethical and administrative areas concretely and limitatively, so as not to cause obscurity of norms and excessive criminalization of non-criminal acts to become criminal acts.]]>
<![CDATA[Tanggung Jawab Direksi dalam Meningkatkan Citra Bank (Suatu Telaah Yuridis Normatif) ]]>
<![CDATA[Sriayu Indah Puspita]]>
<![CDATA[ Wajah Hukum Vol 5, No 2 (2021): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i2.762
<![CDATA[At this time the banking world has a very important function in the Indonesian economy. Banking is an institution that functions to collect and distribute public funds. For this reason, in order to maintain public trust in the bank, the government continues to try to protect or protect the public from irresponsible persons who can damage public trust in the bank. The issue of civil liability for negligence or carelessness that occurs in a bank can be related to the management of the bank. In order to increase the function of common awareness towards banking institutions, regulations regarding bank secrecy which have been very secretive must be revised immediately. The bank secrecy in question is one of the elements that every bank needs to have as an institution of public trust. Banking practices that violate the laws and regulations in the banking sector as long as these regulations are considered a weakness that can harm their interests, even the owner or management of the bank uses the existing regulatory loopholes so that in the end the bank is in an unhealthy condition. For that we need to know and understand how the bank can improve its image and the role of the board of directors in overcoming the problems faced and how to overcome these problems. The Board of Directors has an important role in the management of the bank, the board of directors is also required to regulate the bank according to its authority and responsibility as stipulated in the articles of association and the provisions of the applicable regulations. The image of the bank is built through communication programs and combined with customer experiences interacting with the bank. ]]>
<![CDATA[Implementasi Alokasi Dana Desa dalam Pemberdayaan Masyarakat Di Desa Mudung Darat Kecamatan Maro Sebo Kabupaten Muaro Jambi ]]>
<![CDATA[Masriyani Masriyani]]>;
<![CDATA[Hisbah Hisbah]]>;
<![CDATA[Feri Setiawan]]>
<![CDATA[ Wajah Hukum Vol 5, No 2 (2021): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i2.738
<![CDATA[According to the results of observations made by the author in the village of Mudung Darat, Maro Sebo District, Muaro Jambi Regency, the management of village funds, especially the Village Fund Allocation, has not been implemented optimally, especially in the planning and implementation stages of the village fund allocation. This study aims to determine and analyze the Implementation of Village Fund Allocation in Community Empowerment in Mudung Darat Village, Muaro Jambi Regency, to identify and analyze the constraints of Village Fund Allocation Implementation in Community Empowerment in Mudung Darat Village, Muaro Jambi Regency and to identify and analyze the efforts made to overcome the obstacles in implementing Village Fund Allocation in Community Empowerment in Mudung Darat Village, Muaro Regency. This type of research used in this paper is empirical juridical research. The implementation of ADD in carrying out Public Expenditures and community empowerment has not been carried out optimally. The obstacles faced in implementing the allocation are the lack of understanding of the Village Government apparatus regarding the main tasks and functions and the lack of information and socialization to the community. Quality of Human Resources (HR) That Has Not Supported the Management and Implementation of Village Fund Allocation. The culture of mutual cooperation among the people of Mudung Darat Village is starting to fade, and the culture of mutual cooperation is the hallmark of a village.]]>
<![CDATA[Pengawasan Dewan Perwakilan Rakyat Daerah Terhadap Anggaran Pendapatan dan Belanja Daerah di Indonesia ]]>
<![CDATA[Mhd Ansori]]>;
<![CDATA[Nuraini Nuraini]]>
<![CDATA[ Wajah Hukum Vol 5, No 2 (2021): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i2.694
<![CDATA[The Regional People's Representative Council (DPRD) as a regional people's representative institution as well as an element of regional government administration that functions as a supervisor, however, has not run optimally the supervisory function of the DPRD so that the mission and goals set by the regional government can be achieved. The relationship between the executive and the legislature tends to be “troublesome”, these two institutions often do not understand their respective powers and functions. In order to carry out its functions, one of which is carried out by the DPRD by carrying out supervision, supervision by the DPRD on the administration of government is very important to maintain effective and efficient development and harmony in the implementation of government tasks. There has been an overlapping authority related to the supervision of the Regional Revenue and Expenditure Budget (APBD), and it is not even clear how DPRD members supervise the APBD, this makes DPRD members not optimal in carrying out supervision. The purpose of this paper is to find out and analyze the DPRD's oversight of the APBD, so this type of research is normative juridical research, meaning research that focuses on examining the application of positive legal norms and rules. The approach used in this research is conceptual, legal approach and historical approach.]]>
<![CDATA[Pertimbangan Hakim Atas Penghadiran Bukti Digital Forensik dalam Perkara Kejahatan Fraud ]]>
<![CDATA[Wahdah Prasetya]]>;
<![CDATA[Puti Priyana]]>
<![CDATA[ Wajah Hukum Vol 5, No 2 (2021): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i2.472
<![CDATA[The problems in this research are regulate digital forensic law in proving crime in Indonesia, judges consider the presence of digital forensic evidence in fraud crime. This research uses normative juridical approach, by examining and interpreting matters relating theoretical principles, conceptions, doctrines and legal norms relating to the presence of forensic digital evidence. The result showed that digital Forensic Arrangements in analyzing digital evidence in terms of proving criminal acts are not specifically regulated in the Criminal Procedure Code (KUHAP) because exceptions to electronic / digital evidence are regulated in the Information and Electronic Transaction (ITE) Act so that can be a legal basis for digital forensics. Law No. 11 of 2008 on Information and Electronic Transactions on Article 5 has been clearly stated that electronic information is a valid legal evidence in the form of electronic information and / or electronic documents and / or printout. The rise of data fraud requires a legal arrangement that is expected to be able to prevent and reduce these crimes. For this reason, it is important to elaborate legal arrangements for both implementation and criminal sanctions related to data fraud in Indonesia.]]>
<![CDATA[Tindak Pidana Pencurian yang dilakukan Anak Usia 14 Tahun dalam Konteks Islam Menghapuskan Tindak Pidana Berdasarkan Pasal 69 Ayat 2 Undang-undang Nomor 11 Tahun 2012 Perihal Sistem Peradilan Pidana Anak (SPPA) ]]>
<![CDATA[Citra Ayu Ramadhanti]]>;
<![CDATA[Uu Idjuddin Solihin]]>
<![CDATA[ Wajah Hukum Vol 5, No 2 (2021): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i2.449
<![CDATA[Kids who carry out criminal demonstrations should be dealt with altruistically, went with, gave uncommon offices and foundation, sanctions given to kids as per the guideline of the wellbeing of the kid, family connections are kept up with implying that youngsters who face the law in the event that they can not be confined or detained whenever detained or confined, should be remembered for an extraordinary kid confinement room and not with grown-ups. To guarantee the assurance of youngsters who are confronted with the law is assigned collectively of kids who need unique security. In the preliminary of the adjudicator, the public examiner, specialist or other official doesn't wear robe or administration garments, shut hearings, and with a solitary judge.The creator utilizes regularizing juridical exploration strategies, specifically: a methodology that depends on the arrangements of the laws and guidelines, with the information assortment procedures in this review is to utilize the investigation of reports and every one of the information got, can be broke down efficiently to additionally dissect deliberately portraying the job of judges as far as looking at and choosing youngsters' cases with reasonable decisions, by focusing and considering the condition of the family of his folks and the natural conditions of the kid worried about the point that the kid can meet his future as well as could be expected.]]>
<![CDATA[Telaah Yuridis terhadap Pengaturan Restorative Justice di Kepolisian ]]>
<![CDATA[Rena Yulia]]>;
<![CDATA[Aliyth Prakarsa]]>
<![CDATA[ Wajah Hukum Vol 5, No 2 (2021): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i2.716
<![CDATA[Police institutions are the first and main gate in law enforcement efforts. First, the police institution in charge of carrying out each criminal case’s enforcement, then the next stage will be determined by the police. The practice of law enforcement so far tends to be retributive justice, so that only a few cases can be resolved in the police investigation process. Restorative justice appears by offering various advantages, including a simple settlement process, involving both parties, both perpetrators and victims, and the role of a third party to mediate, so that cases can be resolved according to the agreement. The police, as the first institution in the law enforcement process, had already issued regulations regarding the application of restorative justice, as a form of law enforcement efforts to change retributive law enforcement. The purpose of this research judicially examined the regulation of restorative justice at the police investigation phase in line with the enactment of the regulation of the Chief of Police Number: SE/8/VII/2018 concerning the Application of Restorative Justice in the Settlement of Criminal Cases and the Regulation of the Chief of the Indonesian Police Number 6 of 2019 concerning Criminal Investigation. This research used a qualitative research method with the type of normative legal research through a statutory approach]]>
<![CDATA[Negoisasi Sebagai Upaya Alternative Penyelesaian Kredit Macet di Bidang Perbankan Secara Win-Win Solution ]]>
<![CDATA[Dede Suana Ependi]]>;
<![CDATA[Devi Siti Hamzah Marpaung]]>
<![CDATA[ Wajah Hukum Vol 5, No 2 (2021): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i2.542
<![CDATA[Banking is one of the sources of funds, including in the form of credit for the community. Banks in providing credit will be very careful and will go through a more in-depth analysis. However, in providing credit, often the credit given to the debtor cannot be returned on time. This condition is called bad credit. The purpose of this study is to determine what factors cause bad credit in the banking sector and how to solve it in non-litigation ways. The method used in this research is the juridical-normative method, in which the research is carried out by means of literature study of law books, statutory regulations, literature and other references. The results of this study indicate that the factors causing the occurrence of bad credit in the banking sector include failure to accept the debtor's business, bad faith from the debtor, the discovery of credit loans without the knowledge of the family which can lead to a lack of responsibility, credit abuse by debtors and the presence of debtors. debtors who work as laborers, farmers, fishermen so that their finances cannot be guaranteed at all times, but only at certain times. As for the way to settle bad credit through non-litigation channels, namely by negotiation which can be done in three ways including rescheduling, reconditioning, and restructuring.]]>
<![CDATA[Pertimbangan Hakim dalam Penerapan Sanksi Pidana Bagi Pelaku Tindak Pidana Perdagangan Orang (Studi Putusan Nomor: 782/Pid.Sus/2020/PN.Mtr) ]]>
<![CDATA[Arief Barani]]>;
<![CDATA[Indra Yudha Koswara]]>
<![CDATA[ Wajah Hukum Vol 5, No 2 (2021): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i2.528
<![CDATA[In the preface of the 1945 Constitution of the Republic Indonesia it has been stressed that the Indonesian state government was framed to ensure the whole Indonesian country, to advance public government assistance, teach the country's life and execute world request, everlasting harmony and civil rights for every single Indonesian individual. Indeed, Indonesian culture, from kids to adulthood, are survivors of dealing with people and there are additionally ladies who become tainted with HIV/AIDS in the wake of becoming traveler laborers. The wrongdoing of illegal exploitation has been efficient and has even entered the worldwide exchange organization, upheld by present day offices and framework and moderately limitless wellsprings of assets. This exploration was gotten normatively and afterward depicted to portray the information gathered methodicallly. The information utilized as the principle information source are optional information sources, to be specific information acquired from a writing study comprising of essential and auxiliary lawful materials. The outcomes showed that the use of assents given by the Panel of Judges was not as per the social parts of mankind and basic liberties by applying the idea of lawful targets. Remembering that the reason for discipline isn't counter against the culprit of the wrongdoing yet as a result is one of the means and endeavors to teach and make the litigant mindful of his activities and keep others from carrying out comparable demonstrations.]]>
