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[Pendataan dan Penyaluran Bantuan Langsung Tunai Dana Desa Penanggulangan Covid 19 oleh Pemerintah Desa Di Kecamatan Depati VII Kabupaten Kerinci ]]>
<![CDATA[M Muslih]]>;
<![CDATA[Herma Yanti]]>
<![CDATA[ Wajah Hukum Vol 5, No 2 (2021): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i2.742
<![CDATA[The data collection and distribution of the Village Fund Direct Cash Assistance (BLT) by the Village Head is the implementation of the Central Government program in order to help ease the economic burden of the poor who are affected by the Covid-19 outbreak. The data collection and distribution of Village Funds is carried out through the respective Village Heads so that the assistance can be distributed smoothly and on target according to the goals that have been set, including in the District of Depati VII, Kerinci Regency. However, in its implementation, data collection and distribution activities are in the spotlight because there are discrepancies with the expected goals. Therefore, this study aims to further discuss the implementation of data collection and distribution of the Village Fund BLT Fund in the District of Depati VII, Kerinci Regency and the problems encountered in it.]]>
<![CDATA[Kebijakan Formulasi Sanksi Pidana Kerja Sosial terhadap Orang Membuang Sampah Dari Kendaraan di Kota Jambi ]]>
<![CDATA[Reza Iswanto]]>
<![CDATA[ Wajah Hukum Vol 5, No 2 (2021): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i2.695
<![CDATA[Garbage is a problem in people's lives, especially in the people of Jambi city, so it is necessary to deal with waste related to the waste itself. For this reason, there should be a re-arrangement related to sanctions for people who dispose of waste from vehicles. When viewed from the problem, the research method is normative legal research with a statutory approach and a conceptual approach. The research materials are primary, secondary and tertiary legal materials with data collection techniques using documentary studies and qualitative analysis techniques. The regulation of fines for people throwing garbage from vehicles is regulated in Article 46 paragraph (3) letter c Jambi City Regional Regulation Number 5 of 2020 concerning Waste Management. Then the implication of social work criminal sanctions for people throwing garbage from vehicles, namely providing a deterrent effect as well as giving lessons to perpetrators and the policy of formulating social work criminal sanctions for the future is that social work criminal sanctions should be applied in Jambi City Regional Regulation Number 5 of 2020 concerning Management Garbage because it is an effort to overcome so that in the future there will be no more people in the city of Jambi who throw garbage from their vehicles.]]>
<![CDATA[Penegakan Kode Etik Kejaksaan terhadap Jaksa Yang Melakukan Tindak Pidana Narkotika ]]>
<![CDATA[Nurhadisyah Mulqi Putri]]>;
<![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.v5i2.508
<![CDATA[As indicated by Article 30 passage 1 letter b of the Prosecutor's Law, the Public Prosecutor as a public investigator has the power to indict instances of criminal demonstrations. For this situation, particularly opiates wrongdoings as managed in the Law on Narcotics and can't be isolated from the criminal equity framework. The job of the investigator's office in arraigning opiates crooks is to facilitate with other policemen, particularly BNN officials, the Police, and PPNS. This review utilizes a regularizing juridical methodology, by looking at and deciphering hypothetical issue concerning the standards, originations, precepts and legitimate standards identifying with law requirement against investigators who carry out opiates violations. The outcomes show that the Narcotics Law doesn't manage the examiner's office in opiates cases; they just endorse the beginning of the examination and get the minutes of the examination. The most prevailing deterrent is knowing current realities on the ground considering the way that the Public Prosecutor can't explore opiates cases in the field. opiates wrongdoing cases since opiates are identified with the public interest. The law on opiates should give the examiner the position to become agents.]]>
<![CDATA[Analisis Yuridis terhadap Tindak Pidana Pembunuhan Berencana Dan Penganiayaan terhadap Anak yang Mengakibatkan Luka Berat (Studi Putusan No. 36/Pid.B/2016/PN.MLL) ]]>
<![CDATA[Pajriniah Dwi Napanti]]>;
<![CDATA[Raden Yulia Kartika]]>
<![CDATA[ Wajah Hukum Vol 5, No 2 (2021): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i2.462
<![CDATA[This review inspects the use of the law to the wrongdoing of planned homicide and judges' contemplations in taking care of the wrongdoing of planned homicide and youngster misuse that outcomes in genuine wounds. This exploration is a regulating juridical examination. The regularizing juridical methodology is a methodology that inspects speculations, ideas, lawful standards and legal guidelines. The strategy of gathering essential lawful materials and optional legitimate materials utilizes the strategies of gathering lawful materials with writing study. The outcomes showed that the utilization of the law against the wrongdoing of planned homicide and abuse of kids bringing about genuine wounds disregards Article 340 of the Criminal Code and Article 80 Paragraph (2) of Law Number 23 of 2002 concerning Child Protection, demonstrating that the respondent perpetrated the wrongdoing of planned homicide. What's more, youngster misuse bringing about genuine wounds. The appointed authority's thought in dealing with this wrongdoing, forces a daily existence detainment. The respondent was accused of having perpetrated a wrongdoing of planned homicide which brought about the passing of casualty Christina Tandioga and youngster misuse which brought about genuine injury to Sestika Santika. For instance, the essential incrimination of the Public Prosecutor, Article 340 of the Criminal Code and the second prime incrimination of the Public Prosecutor, Article 80 Paragraph (2) of Law Number 23 Year 2002.]]>
<![CDATA[Perlindungan Konsumen oleh Otoritas Jasa Keuangan Terhadap Nasabah Asuransi yang Dirugikan ]]>
<![CDATA[Ahmad Nazori]]>
<![CDATA[ Wajah Hukum Vol 5, No 2 (2021): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i2.720
<![CDATA[Insurance is an institution to invest funds with a specific purpose so that if in the future it is needed by the insurance customer, the funds can be withdrawn by the insurance customer. However, in reality, many insurance customers suffer losses because the funds they have invested in the insurance company are not disbursed by the insurance company. This is the subject of discussion in this study so that the research method is carried out with an analytical approach and a statutory approach. The research materials are primary, secondary and tertiary legal materials so that the data collection techniques use literature studies and qualitative analysis techniques. In this case, discussing the regulation of the duties of the Financial Services Authority in overcoming the occurrence of a loss insurance customers is regulated in Law Number 21 of 2011 concerning the Financial Services Authority, Regulation of the Financial Services Authority Number 1/POJK.07/2013 concerning Consumer Protection Sector Financial Services and OJK Circular Letter Number 2/SEOJK.07/2014 Regarding Consumer Complaint Service and Settlement and consumer protection by the Financial Services Authority for insurance customers who are harmed is that there is no consumer protection carried out by Financial Services cooperatives for insurance customers who are harmed by the company insurance]]>
<![CDATA[Tinjauan Yuridis terhadap Perlindungan Nasabah Perbankan Yang Menggunakan Layanan Internet Banking ]]>
<![CDATA[Indriana Syiffa Fauziah]]>;
<![CDATA[Rani Apriani]]>
<![CDATA[ Wajah Hukum Vol 5, No 2 (2021): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i2.557
<![CDATA[Nowadays technology is experiencing very rapid development, especially in conducting transactions and communication, namely by utilizing the internet as a medium, one of which is banking that uses the role of the internet or also called internet banking. The purpose of this study is to find out how the security of banking information is to uphold the principle of confidentiality in protecting the identity of customers who useproducts or services Internet banking, legal protection against the use of Internet banking, and the responsibility of banks to customers who suffer losses due to the use of internet banking. The research method used is normative juridical with analytical descriptive approach, through qualitative analysis techniques and data collection techniques through literature study using secondary data derived from primary legal materials, secondary legal materials and tertiary legal materials. From the results of this study found that the security protection of banking information by implementing a mechanism that has the purpose to avoid the various cybercrime or adverse impact on the security or confidentiality of customer informationusers, internet bankinglegal protections, regulated in Law Number 10 of 1998 concerning Banking and Law Number 11 of 2008 which was amended to Law Number 19 of 2016 concerning Electronic Information and Transactions, Law Number 8 of 1999 concerning Consumer Protection, Law Number 36 of 1999 concerning Telecommunications and Electronic Transactions, as well as in In terms of responsibility, the bank provides compensation as agreed with the customer through prior checking.]]>
<![CDATA[Pertanggungjawaban Pidana Nakhoda Kapal Asing Terhadap Pelanggaran Hukum di Wilayah Teritorial Indonesia ]]>
<![CDATA[Eko Budi S]]>
<![CDATA[ Wajah Hukum Vol 5, No 2 (2021): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i2.761
<![CDATA[As a very large archipelagic country, Indonesia is very strategically located on world trade routes, making Indonesian waters have several problems including problems of maritime environmental pollution and shipping safety. This problem is due to the presence of oil from ships, either from fuel, from the engine room or oil as cargo that pollutes the marine environment. This study aims to determine the criminal responsibility of foreign ship captains who have violated the rules regarding the protection and management of the maritime environment and shipping in Indonesia, while the benefit of this research is to increase understanding for users of Indonesian archipelagic sea lanes so that they can sail safely and safely. The research method used is normative juridical while solving the problem with a concept approach and case approach to analyze the Batam District Court Decision Number 234/Pid.Sus/2021/PN. Btm is related to the implementation of criminal liability for foreign ship captains who violate the law in the Indonesian territory. The result of this research is that foreign ship captains can be held accountable for violating the law based on the principles of criminal law applied in Indonesia. So it can be concluded that a foreign ship captain who has made a mistake can be punished and accounted for his actions because there are criminal elements that are fulfilled and proven to have violated the law in the Indonesian territory.]]>
<![CDATA[Sanksi Pidana Adat terhadap Pelaku Tindak Pidana Melarikan Anak Perempuan Dibawah Umur di Desa Selat Kabupaten Batanghari ]]>
<![CDATA[Islah Islah]]>;
<![CDATA[Nella Octaviany Siregar]]>;
<![CDATA[Ade Ardinata]]>
<![CDATA[ Wajah Hukum Vol 5, No 2 (2021): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i2.703
<![CDATA[Special customary law of customary criminal comes from the custom of the community so it is referred to as the law born from below. Customary law as an unwritten law is the basis in determining good and bad behavior in a particular traditional society. Customary law, especially customary criminal law, has certain sanctions if one or more members of the traditional community commit irregularities or actions that are not in accordance with the norms and rules of decency (Adat Law). Article 332 of the Penal Code is understood to be taking away an immature woman with a view to mastering it, by our society is often associated with the term eloping. Eloping itself when it is interpreted simply is between a man and a woman who performs marriage without being approved by his parents or guardians. Taking away an underage woman or child abduction is again widely talked about by the public. Cases of fleeing underage women are spread almost all over Indonesia, our concerns are becoming even greater because the victims of child abduction are the majority of underage girls. To investigate, investigate and dismantle the chain of cases that are quite complicated it takes "extra energy and spirit" because of the problems of unemployment, poverty, education, gender inequality, patriarchy culture, as well as the lack of rule of law, public awareness, and the role of the authorities in addressing the problem.]]>
<![CDATA[Ketentuan Hukum Mengenai Mangkir dalam Omnibus Law ]]>
<![CDATA[Febri Jaya]]>;
<![CDATA[Alvin Lauw]]>
<![CDATA[ Wajah Hukum Vol 5, No 2 (2021): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i2.515
<![CDATA[The number of existing regulations in Indonesia often has the effect of reducing the effectiveness of implementing laws and regulations due to the overlap between regulations. With the enactment of Act Number 11 of 2020 on Job Creation, many labor regulation have been changed, one of which is related to a specific time work agreement. Therefore, this study aims to conduct a study on change to the provision in the employment agreement for a certain period of time, which certainly affects the rights and obligation between worker and employment, this change must be understood by both worker and employment. Through normative legal research, it can be seen that there are a number of things that need to be discussed in relation to the enactment of Act Number 11 of 2020 on Job Creation. As a result of discussion, this study describes absenteeism and the rights of employment if the worker terminates the employment agreement for a certain period of time before the end of the agreement.]]>
<![CDATA[Tinjauan Yuridis Dissenting Opinion terhadap Hakim Anggota Atas Perkara Tindak Pidana Penipuan ]]>
<![CDATA[M Jordy Dwipayana]]>;
<![CDATA[Maharani Nurdin]]>
<![CDATA[ Wajah Hukum Vol 5, No 2 (2021): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i2.471
<![CDATA[Contradicting judges' gathering in settling on legal choices is the embodiment of the appointed authority's individual flexibility to discover material truth. A definitive opportunity of presence is, not opportunity unbounded, but rather opportunity with a feeling of obligation and obligation. The review USES standardizing regularizing juridical strategies for study in which this kind of lawful exploration is normally alluded to as doctrinal law or library research. Since this review depends entirely on composed guidelines, it is firmly identified with libraries since it would require auxiliary information on the library. The 1981 law on criminal occasions (kuhap) decided that a court administering ought to be represented by a consistent agreement of the individuals from the adjudicators when such consistent agreement was unrealistic and the decision depended on the larger part by focusing on the "most productive" rule. The clarification of 182 stanzas (6) kuhap additionally states that it was recorded in the private program of the get together. Also, in this decision the outcome is a particular translation between the board of judges in seeing whether it is seen as proceeding or as an infringement of asas nebis in idem.]]>
