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[Mengkaji Kebijakan Hukum Pidana Pencegahan Penyebaran Virus Covid-19 di Indonesia ]]>
<![CDATA[Hasanal Mulkan]]>;
<![CDATA[Susiana Kifli]]>
<![CDATA[ Wajah Hukum Vol 6, No 2 (2022): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i2.1015
<![CDATA[The right of the community to live in peace and prosperity was guaranteed by the government in the Republic of Indonesia's 1945 Constitution. The government must coordinate better and convene all necessary stakeholders in order to stop the Covid-19 virus from spreading throughout Indonesia. The current issue is the criminal law policy. To battle the epidemic, this kind of normative legal research takes an analytical, conceptual, and legislative approach. When laws or regulations have been passed into legal products by government organizations, law enforcement is a technique to put the will into action. When enforcing laws during a time of emergency, the police will apply criminal punishments; however, they must also educate the public and protect them legally when they use repressive measures. This will be done through the Chief of Police's Declaration.]]>
<![CDATA[Kebijakan Non Penal Oleh Kepolisian Sektor Kota Baru terhadap Pelaku Tindak Pidana Perjudian Jenis Sabung Ayam ]]>
<![CDATA[Islah Islah]]>
<![CDATA[ Wajah Hukum Vol 6, No 2 (2022): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i2.1089
<![CDATA[Gambling is a social disease that threatens real or potential social norms so that it can threaten the continuity of the social order. The purpose of this study was to determine the non-penal policy against the criminal act of cockfighting in the current and future jurisdiction of the Kota Baru Police to determine the applicable police policy to eradicate it. In this study the author uses empirical juridical research methods. The type of research in this research is empirical juridical which is carried out directly to the Kota Baru Police Office with the research specification being descriptive. Sources of data are field research and literature. This study uses a legal approach with data collection techniques using interviews and qualitative data analysis. The results of this study are that the non-penal policy by the Kota Baru Sector Police against perpetrators of criminal acts of cockfighting gambling is carried out through pre-emptive efforts, a focused effort to encourage cockfighting gamblers to raise awareness and refrain from further gambling, which may disturb the security and order of the surrounding community. Then take preventive action as the basis for eradicating gambling crimes in the jurisdiction of the Kota Baru Police. Furthermore, through repressive efforts, direct action is taken to eradicate crime, by providing measures to deter perpetrators from repeating their crimes]]>
<![CDATA[Perspektif Hukum Perdata Internasional terhadap Perkawinan Beda Agama Bagi Warga Negara Indonesia ]]>
<![CDATA[Insarullah Insarullah]]>;
<![CDATA[Rahmia Rachman]]>;
<![CDATA[Erlan Ardiansyah]]>
<![CDATA[ Wajah Hukum Vol 6, No 2 (2022): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i2.932
<![CDATA[The goal of this study is to determine how international private law perceives the legality of interfaith marriages performed by citizens outside of Indonesia in compliance with the Law of Marriage as well as the execution of such marriages. This study employs the normative research methodology, specifically: Academic articles and books with a legal theme, and other sources pertaining to interfaith marriage are used in library research together with primary legal documents such as laws and regulations. Tertiary legal materials are obtained through the internet. The gathered legal materials were then qualitatively examined and given in the form of descriptive and explanatory information. The study's findings demonstrated that because there is a foreign component, interfaith marriage performed by citizens outside of Indonesia is regarded as a part of international private law, specifically because of the domicile, but not in absolute terms because if it violates public order, then foreign elements can be ruled out and it is also regarded as smuggling law because there is the element of intent since it seeks to circumvent the national law, which is then normatively declared invalid and null and void because Indonesian marriage law is based on religious law.]]>
<![CDATA[Implementasi Penyelesain Sengketa Informasi Publik pada Komisi Informasi Provinsi Jambi ]]>
<![CDATA[Herma Yanti]]>
<![CDATA[ Wajah Hukum Vol 6, No 2 (2022): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i2.1085
<![CDATA[The existence of the Jambi Provincial Information Commission is expected to be able to resolve public information disputes effectively and efficiently so that the information disclosure mandated by Law Number 14 of 2008 concerning Public Information Disclosure can be realized. However, as an institution that was newly formed in 2014, of course, it cannot be separated from various limitations that affect the implementation of the Information Commission's functions. Therefore, this study aims to further examine how the implementation of public information dispute resolution at the Information Commission in Jambi Province. According to this purpose, this research is an empirical legal research with a socio legal research approach. The data used in this study are dispute resolutions carried out for the last 3 (three) years from 2019 to 2021. These data were collected through interviews with members of the Information Commission who were related and who understood the problem under study and conducted studies on various documents relevant. From the results of the study, it is known that the Jambi Information Commission has carried out the resolution of the information dispute as determined, but in its implementation it can be said that it has not been carried out effectively and efficiently, because only a small part can be resolved quickly through mediation, most of the others must be resolved further through the process. non-litigation adjudication which consists of several stages so it requires more time. In addition, because not all decisions handed down by the Commission can be accepted by the disputing parties, they will proceed to court. ]]>
<![CDATA[Kewajiban Notaris dalam Pembuatan Akta Guna Mewujudkan Notaris yang Berintegritas di Era Globalisasi ]]>
<![CDATA[Agustin Rifiana]]>;
<![CDATA[Yetniwati Yetniwati]]>;
<![CDATA[Diana Amir]]>
<![CDATA[ Wajah Hukum Vol 6, No 2 (2022): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i2.812
<![CDATA[The purpose of this study was to know and analyze a notary setting that grits are reviewed in terms of UUJN and the prospect of notary who the grits are faced with the era of globalization. This research uses normative method. The approach used is statute approach and conceptual approach. The results of this study are carry out legal tasks and positions in conducting legal actions such as making authentic deed and privately made deed must with UUJN, code of ethics and other regulations regarding the task of the notary as a public official. The most important thing for a notary is to cary out his duties properly in accordance with UUJN, and has not carried out the forbidden act listed in UUJN and other regulations regarding his duties. The development in the globalization of a notary still has to carry out their jobs according to the profession. The era of notary publicization that is gritted also has to have a wide insight into, not only makes deeds but must be intelligent in responding to clients in making deeds, having high moralitys, and not prioritized personal interests, notary jobs should be more careful.]]>
<![CDATA[Badan Pengawas Rumah Sakit (BPRS) Sebagai Badan Penyelesaian Sengketa Medik Secara Mediasi ]]>
<![CDATA[Supeno Supeno]]>
<![CDATA[ Wajah Hukum Vol 6, No 2 (2022): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i2.1099
<![CDATA[In Article 60 of Law Number 44 of 2009 concerning Hospitals it is regulated that one of the duties of the Hospital Supervisory Board is to receive complaints and resolve disputes through mediation while the membership of a Provincial BPRS consists of elements of the government, professional organizations, hospital associations, and community leaders. . The purpose of this study was to assess the elements of professional organizations as members of the BPRS, the type of research used was normative juridical using a statutory approach, the results showed that the membership structure of the BPRS from the elements of professional organizations was not neutral, independent and impartial, the principle of mediation that a mediator is required to be able to act neutrally, independently and impartially, thus professional organizations as one of the elements of a BPRS to resolve medical disputes through mediation need to be reviewed.]]>
<![CDATA[Penyelesaian Tindak Pidana Penganiayaan di Wilayah Hukum Kepolisian Sektor Pasar Jambi (Studi LP No: B/32/X/2021/Polsek Pasar Jambi/Polresta Jambi/Polda Jambi) ]]>
<![CDATA[M. Rudi Hartono]]>;
<![CDATA[Karina Karina]]>
<![CDATA[ Wajah Hukum Vol 6, No 2 (2022): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i2.1069
<![CDATA[The act of persecution is a prohibited act and this is not justified according to the Criminal Code as regulated in Article 351 of the Criminal Code. Persecution is an act that is intended to cause pain or injury to another person, the perpetrator intends to cause pain or torture as a result of the act such as hitting, kicking, kicking, scratching and others. This study aims to obtain a more in-depth picture of the factors causing the occurrence of criminal acts of persecution that occurred in the jurisdiction of the Jambi market sector police department, Jambi City with Police Report Study No: B/32/X/2021/Polsek Pasar Jambi/Polresta Jambi/Polda Jambi, efforts to resolve criminal acts and obstacles found in the process of resolving criminal acts of persecution. The method used in this study is an empirical research method with the type of case study research. The subjects in this study were 1 head of crime department, 1 investigator, 1 perpetrator, and 1 victim. Data collection methods in this study used interviews and observation. The conclusion in this thesis is that the persecution that occurred in the Jambi Market Police Sector Law was influenced by the factor that the perpetrator felt annoyed and angry with his girlfriend and his ego was too high, so that the perpetrator carried out the abuse. The process of resolving the persecution case in the Jambi Market Police Sector Legal Area is carried out through an investigation, by asking for information between the perpetrator and the victim, because this problem is a complaint offense, meaning that this case can be stopped and withdrawn by the reporting party and peaceful.]]>
<![CDATA[Benarkah Praperadilan Menguji Aspek Formil (Analisis Hukum Penetapan Tersangka dalam Putusan Nomor: 01/Pid.Pra//2021/PN.Tob) ]]>
<![CDATA[Ernest Sengi]]>
<![CDATA[ Wajah Hukum Vol 6, No 2 (2022): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i2.901
<![CDATA[The determination of the suspect is the object of pretrial after the decision of the Constitutional Court Number 21/PUU-XII/2014. Pretrial only examines formal aspects; however the object of the pretrial relating to the determination of the suspect, the pretrial examination becomes a dilemma because it is always related to the examination of the fulfillment of the evidence which has actually entered the area of examination of the case material. In this paper, the legal issue being studied is the Pretrial Decision Number 01/Pid.Pra/2021/PN.Tob. who decides to reject the applicant’s pretrial application. On the other hand, the alleged criminal case can’t be tried until now because the Public Prosecutor continuously returns the file (P-19) on the grounds that there is not enough evidence. To answer these legal issues, a normative legal research method with a case approach is used. This approach is to analyze the basis of judgesconsiderations in making decisions. The results of the study show that the Pretrial Decision Number 01/Pid.Pra/2021/PN.Tob. did not consider in detail the Determination Of The Suspect. The judge does that so as not to get cought up in the examination of the case material; even though the determination of the suspect should have checked the fulfillment of the evidence in the framework of the formal aspect of the examination.]]>
<![CDATA[Politik Hukum Kekuasaan Kehakiman di Indonesia ]]>
<![CDATA[Nuraini Nuraini]]>;
<![CDATA[Mhd Ansori]]>
<![CDATA[ Wajah Hukum Vol 6, No 2 (2022): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i2.1075
<![CDATA[Judicial power is a branch of power in every country, whether in a democratic state, a state towards a democracy, or an undemocratic state. This happened on the influence of the doctrine of separation of powers which wanted the branches of power to be divided over the legislature, executive, and judiciary. Judicial power in Indonesia at the beginning of independence was intended as a separate branch of power from political institutions, the power of an independent judiciary must still be upheld both as a principle in the state based on law and to allow judicial power to ensure that government is not carried out arbitrarily. The development of judicial power is inseparable from the legal politics of judicial power itself. Because legal politics is subtantively about the friction between politics and law, to examine legal politics is to discuss policies related to the state system. The purpose of the writing is to find out and analyze the political dynamics of judicial power in Indonesia. This type of writing is normative juridical, meaning that this article focuses on the study of the implementation of all positive legal norms and rules. In this research, the approach is conceptual, legal and historical approach.]]>
<![CDATA[Kebijakan Nonpenal Oleh Kepolisian Resor Batanghari terhadap Tindak Pidana Kekerasan dalam Rumah Tangga di Kabupaten Batanghari ]]>
<![CDATA[Dedy Syaputra]]>
<![CDATA[ Wajah Hukum Vol 6, No 2 (2022): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i2.1094
<![CDATA[In the case of criminal acts of domestic violence in Batanghari Regency, the Batanghari Resort Police has resolved cases of criminal acts of domestic violence using non-penal channels. However, the obstacle that occurs is that there is no understanding from the people of Batangahri Regency regarding non-penal settlements and the Batanghari Resort Police also does not have a special place for non-penal settlement of cases of domestic violence. The research method used is empirical law so that the research is descriptive, the data sources are primary and secondary sources, the research approach is a case approach, the data collection method is a documentary study and the data analysis in this study is qualitative. The results of the study indicate that the non-penal policy by the Batanghari Police for domestic violence in Batanghari Regency is that non-penal applications have been carried out against perpetrators and newspapers of domestic violence by means of mediation which is directly carried out by the Head of the Women and Children Service Unit as a mediator and obstacle. The obstacle faced by the non-penal policy by the Batanghari Resort Police against domestic violence crimes in Batanghari Regency is the minimum number of personnel in the Women and Children Service Unit and there is no special place for non-penal settlement at the Batanghari Resort Police.]]>
