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[Peranan Badan Permusyawaratan Desa Telago ]]>
<![CDATA[Nuraini Nuraini]]>;
<![CDATA[Mhd Ansori]]>
<![CDATA[ Wajah Hukum Vol 6, No 1 (2022): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i1.894
<![CDATA[The village government is an inseparable part in the administration of the Republic of Indonesia. The Village Government as the spearhead in the village government system will come into contact and deal directly with the community. The Village Consultative Body functions to accommodate and channel the aspirations of the community. The Village Consultative Body and the Village Government together make a draft village regulation which will be stipulated as a Village Regulation. The filling of the Village Consultative Body members can be processed through direct elections and or through representative deliberation. Based on observations and information obtained by the Telago Village Consultative Body, it has not been going well. This can be seen from the supervisory task of the Village Consultative Body in Telago Village, which seems to be only a formality, because there are complaints about village government administration such as village activities, socialization and lack of communication between communities that are not going well. This paper aims to analyze the role of the Village Consultative Body in the Implementation of Village Government in Telago Village, Keliling Danau District, Kerinci Regency. The type of research used is a sociological juridical research type and uses a socio-legal research approach. Then the sample is determined by purposive sampling, and the data is analyzed qualitatively.]]>
<![CDATA[Tugas dan Kewenangan Vts Batam dalam Pengawasan Lalu Lintas Pelayaran Di Selat Singapura ]]>
<![CDATA[Adhitia Adhitia]]>;
<![CDATA[Idham Idham]]>;
<![CDATA[Fadlan Fadlan]]>
<![CDATA[ Wajah Hukum Vol 6, No 1 (2022): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i1.706
<![CDATA[The government, as well as all of us as rulers, managers and users of the sea, are responsible for regulating the flow of traffic to ensure that maritime activities run smoothly and safely. This requires defining channel and crossing functions, which can be done through the use of navigational hazard labeling and updating of water level conditions. The purpose of this study is to find out how the VTS legal duties and authorities are arranged in the supervision of shipping traffic in the Singapore strait, how the VTS Batam duties and authorities are carried out, and what factors hinder the VTS legal duties and authority in supervising shipping traffic in the strait. Singapore. This study collects primary data through fieldwork using a normative and sociological research approach. To collect primary data, descriptive technique is combined with a normative approach (legal research). For marine activities, some locations must be equipped with a Vessel Traffic Information System (VTS) or Radar Beacons for security and strategic considerations. The decision will be announced by the Minister as soon as all the shipping lane requirements have been met, and will be communicated to the maritime world through the International Maritime Organization (IMO), in accordance with the convention that has adopted the standard for the use of shipping lanes. reporting system of ships at sea to operators on land traffic monitoring. This equipment has a VTIS attached to it, enabling it to detect the ship's name, position, speed and course. This data is then entered into the system and continuously monitored.]]>
<![CDATA[Kedudukan Alat Bukti Forensik dalam Proses Pembuktian Perkara Pidana Aborsi ]]>
<![CDATA[Thania Khairunisa]]>;
<![CDATA[Puti Priyana]]>
<![CDATA[ Wajah Hukum Vol 6, No 1 (2022): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i1.614
<![CDATA[Crimes that often occur in Indonesia has become a sure thing to happen every day, so in uncovering criminal cases such as theft, murder and others, there needs to be evidence to uncover the cause of a crime which is necessary to examine a criminal case in which forensic medical science is very helpful to law enforcement officials to uncover a criminal act , both the examination of the living and the dead. So what needs to be understood here is the role of any and the strength of forensic legal evidence in the settlement of criminal cases. using normative methods, the specifications of this study are used that are descriptive. In the future, we can find out what are the roles of forensic medicine and the legal force of forensic evidence in the process of proof of criminal acts, especially in abortion crimes that often occur in Indonesia.]]>
<![CDATA[Pelaksanaan Pendaftaran Tanah Sistematis Lengkap Di Kantor Pertanahan Kota Jambi ]]>
<![CDATA[Nazifah Nazifah]]>;
<![CDATA[Herma Yanti]]>;
<![CDATA[M Iqbal]]>
<![CDATA[ Wajah Hukum Vol 6, No 1 (2022): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i1.1027
<![CDATA[Land registration is an important and basic activity in land management. For this reason, a number of provisions and policies related to land registration have been issued, but in reality there are still many land registration problems. The Basic Agrarian Law (UUPA) mandates that all land be registered to ensure legal certainty over land. In order to support economic growth, create legal certainty over land and avoid land conflicts, the Ministry of ATR/BPN carries out a Mapping, Registration and Certification program. Based on the above facts, a policy reconstruction of accelerated-based land registration implementation has been carried out with the target of all registered areas through the implementation of Complete Systematic Land Registration (hereinafter referred to as PTSL). Through the PTSL program, it is hoped that all community land parcels are measurable and have legality in the form of land certificates. In order for the acceleration target to be achieved, a strategy and measurable settlement steps are needed given the time constraints and with the hope that the guarantee of legal certainty will still be achieved. The experience of land certificates that prioritizes acceleration and neglects accuracy has the potential to cause data at the land office to be invalid. The purpose of this study was to determine the implementation of Complete Systematic Land Registration at the Jambi City Land Office, the obstacles and efforts to solve it in the Complete Systematic Land Registration at the Jambi City Land Office. The research method used is an empirical juridical research type, with a socio legal research approach. Sources of data used in this study are field data with interviews with related parties and library data from laws and regulations, books, journals and others related to this research. Then a descriptive-analytic data analysis was performed. So it is hoped that the results of a complete systematic land registration study at the Jambi city land office can provide guarantees of legal certainty over land. Through the PTSL program, it is hoped that all community land parcels are measurable and have legality in the form of land certificates.]]>
<![CDATA[Urgensi Pembubuhan Meterai Pada Salinan Akta Sebagai Alat Bukti Berdasarkan Undang-Undang Nomor 10 Tahun 2020 ]]>
<![CDATA[Andra Tanady]]>;
<![CDATA[Elita Rahmi]]>;
<![CDATA[Fauzy Syam]]>
<![CDATA[ Wajah Hukum Vol 6, No 1 (2022): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i1.814
<![CDATA[Stamps in documents of a civil nature are very important for legal certainty in fulfilling evidence to be submitted to court. Therefore, stamp duty is very important in terms of proof in court so that in the use of stamp duty there are of course legal rules that regulate it. Even though there are legal rules that regulate it, often the Land Deed Making Officer violates the applicable legal rules. The problem to be studied is the regulation of the use of stamp duty on the copy of the deed of the Land Deed Official and the validity of the copy of the deed of the Land Deed Maker who uses stamp duty as evidence in court. The research method used is normative juridical so that the research is descriptive and the data source comes from secondary data, then this study uses a legal approach and a conceptual approach and analyzes the data using qualitative analysis. As for the results of the research, namely the regulation of the use of stamp duty on the copy of the deed of the Land Deed Official is regulated in Law Number 13 of 1985 concerning Stamp Duty, Draft Law of 2016, Law Number 10 of 2020 concerning Stamp Duty and the validity of the copy. Land Deed Officials who use stamps as evidence in court are regulated in Law Number 10 of 2020 concerning Stamp Duty that must put stamps on the signatures of Land Deed Making Officials so that they have legal force and fulfill legal certainty in order to be used as evidence. in the court.]]>
<![CDATA[Alternatif Penyelesaian Sengketa Lelang Lebak, Lebung dan Sungai di Kabupaten Ogan Ilir ]]>
<![CDATA[Indrajaya Indrajaya]]>
<![CDATA[ Wajah Hukum Vol 6, No 1 (2022): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i1.909
<![CDATA[For a long time, people in several sub-districts of Ogan Ilir Regency who live on the banks of the river have used flooded areas or puddles of water around the river due to river overflow to become one of the sources of PAD in the field of fisheries. Utilization is carried out by conducting auctions in lebak, lebung and rivers which are regulated in the Regent's Regulation on the management of fishery resources. In addition to being the legal basis, this regional regulation also aims to protect the environment in the Lebak, Lebung and river areas from damage caused by fishing by the Manager (the winner of the auction). Managers who do not carry out the management of lebak, lebung and rivers according to the rules may be subject to criminal sanctions or fines. This study aims to find out how the dispute resolution of the lebak lebung auction between the parties in practice is carried out. The problem in this study is how the forms of dispute resolution in the Lebak Lebung auction are carried out by the parties in practice. This type of research is normative legal research using a statutory approach. From the results of the study, it can be concluded that the settlement of disputes between the management committee and the management of lebak lebung and rivers is in practice mostly resolved by deliberation mediated by the village head or local village head, but if no agreement is found then the settlement is through the courts.]]>
<![CDATA[Implementasi Pembinaan Kepribadian dan Keterampilan terhadap Narapidana pada Lembaga Pemasyarakatan Kelas II A Jambi ]]>
<![CDATA[Herma Yanti]]>;
<![CDATA[Maryati Maryati]]>;
<![CDATA[Andika Yusriansyah]]>
<![CDATA[ Wajah Hukum Vol 6, No 1 (2022): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i1.916
<![CDATA[Guidance of prisoners in Correctional Institutions is an important process in shaping personality as well as providing skills so that the stated coaching goals can be realized. For this reason, these coaching activities need to be carried out optimally according to the pattern of coaching as stipulated in the Decree of the Minister of Justice Number M.02-PK.04.10 of 1990, which includes personality development and skills development. Considering the large number of prisoners who are accommodated in the Jambi Class IIA Institute, this study aims to discuss how the implementation of personality development and skills development for these prisoners and other factors that also influence its implementation. Therefore, this study uses a socio legal research approach. To obtain field data, it was conducted through interviews with several correctional officers respondents who were considered relevant to the problem being studied. From the results of the study, it is known that the implementation of the guidance has not been optimally carried out. In addition to the main factor, the number of prisoners that far exceeds the capacity of the Correctional Institution so that it affects the availability of coaching facilities, it is also influenced by the staff's resource factor, and no less important is the quality of the resources involved in providing materials for some of the coaching activities carried out.]]>
<![CDATA[Efektifitas Penyelesaian Sengketa Konsumen Melalui Proses di Luar Pengadilan (Melalui Jalur Mediasi) ]]>
<![CDATA[Apriliani Kusnadi]]>;
<![CDATA[Devi Siti Hamzah Marpaung]]>
<![CDATA[ Wajah Hukum Vol 6, No 1 (2022): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i1.710
<![CDATA[A civil dispute in an agreement is a case that arises from an agreement that has been previously agreed upon by the parties. An agreement that starts from negotiation to produce an agreement that is written on a trading contract. The current condition shows that dispute resolution in court is no longer the main choice because it is considered not effective and efficient enough. The choice of dispute resolution through an arbitration institution is considered to provide its own advantages over going through a national court. And the neglect of consumer rights can invite losses that lead to consumer disputes. So the purpose of this main discussion is how the process of resolving consumer disputes based on UUPK and the process of resolving disputes through mediation channels. The research method is normative law, and obtains data by using secondary data based on legal provisions and periodic legal developments. The choice of dispute resolution through the UUPK can be resolved through court (litigation) and out-of-court (non-litigation) channels. And it has been explained in Article 48 of the UUPK that "the litigation path can be taken through filing a lawsuit through the court, looking at the provisions regarding the applicable general court". "Arbitration and Alternative Dispute Resolution" is "a civil dispute resolution institution that can be resolved through a procedure agreed upon by the parties, namely an out-of-court settlement through consultation, negotiation, mediation, conciliation or expert judgment". Then arbitration is a dispute resolution out of court based on an arbitration agreement as well. Mediation is a method of resolving disputes that has a main scope such as a private/civil law area. Mediation is "a settlement through the assistance of a third party, but the role of the mediator is only to bridge the parties without giving an opinion on dispute resolution".]]>
<![CDATA[Korelasi Praktek Sukuk Ijarah dengan Investasi di Indonesia: Bentuk Perspektif Hukum Syariah ]]>
<![CDATA[Winda Fitri]]>
<![CDATA[ Wajah Hukum Vol 6, No 1 (2022): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i1.870
<![CDATA[At this time, there were many investors interested in sukuk in investing because sukuk gave higher returns than deposit rates with a clearly smaller risk. Sukuk with the type of ijarah contract are the most popular types of sukuk, both since they were first issued and until now during this Covid-19 pandemic. This is sufficient from the good market absorption of sukuk where in 2020 there will be 162 sukuk series issued and 64% Ijarah contracts. However, in practice this sukuk was found to be incompatible with the sharia principles that were implanted at the beginning, where the sukuk showed a direction similar to the practice of conventional bonds. From the existing background, the purpose of this research are the concept of sukuk as an investment, Islamic principles that apply in Ijarah Islamic bonds. The discussion of this problem uses normative juridical research methods and descriptive qualitative analysis through secondary data. The results of data analysis show that in society, the practice of Ijarah contracts that are not pure and leads to the muntahiya bi al-tamlik contract is similar to the mechanism offered in conventional bonds in general so that it does not run in accordance with sharia principles.]]>
<![CDATA[Kedudukan Ombudsman Dan Kepatuhan Penyelenggara Negara Dalam Melaksanakan Rekomendasi Ombudsman (Study OMBUDSMAN Perwakilan Maluku Utara) ]]>
<![CDATA[Sukitman Asgar]]>;
<![CDATA[Sahrestia Kartianti]]>
<![CDATA[ Wajah Hukum Vol 6, No 1 (2022): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i1.815
<![CDATA[The Ombudsman is one of the state agencies authorized to oversee public services in Indonesia based on the provisions of law number 37 of 2008. Therefore, this study aims to examine the position of the Ombudsman in the perspective of Constitutional Law as an external government supervisory agency and to determine the compliance of state administrators in carry out the recommendations of the Ombudsman Representative of North Maluku Province. To obtain accurate research results, a good and correct flow and method is needed, so this research was carried out using a normative empirical research type which was analyzed in a juridical perspective based on statutory provisions and observed directly in the field in order to determine the existence and existence of the Ombudsman as an institution. External Supervisors as well as the effectiveness of the implementation of the law and the compliance of the State Organizers on the Recommendations issued by the North Maluku Ombudsman. After conducting the study and analysis results, it was found that the existence of the Ombudsman is very necessary to avoid and prevent the Corrupt Behavior of state administrators and in order to maintain the constitutional rights of citizens to get good and excellent service, it's just that there needs to be an expansion of authority by forwarding the findings to the public. repressive law enforcement agencies. Another thing is the low propriety of state officials against the recommendations of the Ombudsman due to the absence of strict sanctions. On the other hand, the authority of the Central Ombudsman does not apply mutandically in regions that can only issue suggestions and opinions that differ from the Central Ombudsman who is authorized to issue recommendations. ]]>
