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[Pengaturan Penjatuhan Sanksi terhadap Pelanggaran Berat yang Dilakukan oleh Notaris dalam Perspektif Peraturan Perundang-Undangan ]]>
<![CDATA[Ratih Novitasari]]>;
<![CDATA[Yetniwati Yetniwati]]>;
<![CDATA[Dwi Suryahartati]]>
<![CDATA[ Wajah Hukum Vol 6, No 2 (2022): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i2.821
<![CDATA[Sanction about violations that commited by Notary are regulated in Notary position regulation and ethics code of Notary. But, there is no further explanation regarding the form of violations such as what can be said as a minor violation to a serious violation in the imposition of a Notary sanction cause the ambiguity of norms in Article 9 paragraph (1) letter d regarding Notary violations and Article 12 letter d regarding gross violations by Notary. The purpose of this study is to find out and analyze the arrangements of sanctions imposition for gross violations committed by Notary and Notary legal efforts that are sanctioned for gross violations in the perspective of laws and regulations by using the type of normative juridical law research. To determine the types of violations or classification of notary violations, based on the review and policy of the Notary Supervisory Assembly as an authorized official with reference to applicable laws and regulations because there is no further explanation of the classification of notary violations. If the Notary feels the objection to being sanctioned for gross violations, then the Notary can file a legal effort that is to file a lawsuit with the State Administrative Court.]]>
<![CDATA[Problem Hakim Mediasi dalam Melaksanakan Mediasi terhadap Kasus Perceraian pada Masa Pandemi Covid-19 di Pengadilan Agama Kelas 1B Kayuagung ]]>
<![CDATA[Qodariah Barkah]]>;
<![CDATA[Abi Tandore]]>
<![CDATA[ Wajah Hukum Vol 6, No 2 (2022): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i2.1003
<![CDATA[The implementation of divorce mediation at the Kayuagung Class IB Religious Court during the pandemic has not been successful, so the author aims to find the problems of the mediator judge in conducting the mediation. This research uses the type of field research. Field data were obtained through direct interviews with mediator judges at Pengadilan Agama Kelas 1B Kayuagung. The approach method uses an empirical juridical approach. The results of this study found that there are two things that become the problem of the mediator, namely technical and non-technical aspects. The technical aspect is related to the limitations of experts and time, while the non-technical aspect lies in the determination, absence of the parties, less active participation in the mediation process, lack of openness in conveying problems and the ego nature of each party. Thus, what can be done is to add a special certified mediator and not from a judge; seek training and coaching related to marriage as well as mediator skills in conducting mediation.]]>
<![CDATA[Upaya Polisi Lalu Lintas Polres Tanjung Jabung Barat dalam Restorasi Fungsi Helm ]]>
<![CDATA[Ryan Aditama]]>
<![CDATA[ Wajah Hukum Vol 6, No 2 (2022): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i2.1086
<![CDATA[Traffic violations that do not use helmets at the Tanjung Jabung Barat Police are increasing. The West Tanjung Jabung Police have taken countermeasures, one of which is the enforcement of Law No. 22 of 2009 concerning Road Traffic and Transportation. Therefore, this type of research is empirical juridical research, carried out directly in the field and the data sources are research and literature so that the approach is a sociology of law approach. Data collection techniques used interviews and data analysis and were carried out qualitatively. The results of the study are the efforts of the Traffic Police in reducing the impact caused by not using helmets in traffic accidents in the jurisdiction of the Tanjung Jabung Barat Police, namely preventive and repressive efforts. Preventive efforts are just socialization that is carried out directly to the community, schools and employee agencies. In addition, using mass media such as radio, newspapers and banners. Meanwhile, repressive efforts are in the form of conducting routine raids every day to find out the use of standard helmets and the obstacles faced such as there is no public awareness of the use of motorbikes and there are still alternative roads so that motorbike violators can pass through the raids conducted by the Tanjung Jabung Traffic Police. ]]>
<![CDATA[Efektifitas Perizinan Berusaha Berbasis Risiko dalam Rangka Kemudahan Berusaha ]]>
<![CDATA[Erni Erni]]>;
<![CDATA[Febri Jaya]]>
<![CDATA[ Wajah Hukum Vol 6, No 2 (2022): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i2.927
<![CDATA[Every businessmen in Indonesia, both individuals and legal entities, is required to have legality in the form of a business license before starting or running a business activity. Based on Law Number 11 of 2020 concerning Job Creation, the current business license is risk-based business license, namely a business license based on the level of business scale and risk determination of business activities. The Online Single Submission Risk Based Approach (OSS-RBA) system is a system that integrated with the OSS institution which functions to administer risk-based business licensing. The implementation of risk-based business licensing through OSS-RBA system is expected to provide speed, certainty, convenience and transparency for businessman. As a result, it creates ease of doing business that can increased investment in Indonesia. This study aims to determine how the implementation and effectiveness of risk-based business licensing in providing ease of doing business from perspective of businessmen. This research used non-doctrinal or empirical legal method. The result of this study is that risk-based business licensing through OSS-RBA system still has obstacles where the system and its application are still in the process of being improved so the effectiveness of the new business licensing arrangements and systems are still not optimal.]]>
<![CDATA[Analisis Hukum Penyelesaian Sengketa Kepailitan Syariah di indonesia ]]>
<![CDATA[Mona Wulandari]]>;
<![CDATA[Saifullah Basri]]>
<![CDATA[ Wajah Hukum Vol 6, No 2 (2022): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i2.1081
<![CDATA[After the issuance of the Constitutional Court Decision Number 093/PUU-X/2012, the quo vadis regarding the dualism of the authority to settle sharia economic disputes has ended. The Religious Courts are legally constitutional as the only institution authorized to resolve sharia economic disputes through litigation. However, this authority is not fully implemented, there are still other sharia economic disputes whose resolution is decided by the Commercial Court within the scope of the General Courts, namely bankruptcy disputes and PKPU (Debt Payment Obligations Suspension) in Islamic financial institutions. So after the decision of the Constitutional Court Number 93/PUU-X/2012, the litigation resolution of sharia banking disputes is handled by the Religious Courts, while non-litigation is handled by arbitration and other alternative dispute resolutions. Arbitration in this case is the National Sharia Arbitration Board (BASYARNAS) while other alternative dispute resolutions are resolved through dispute resolution agreements based on good faith.]]>
<![CDATA[Tinjauan Yuridis Bukti Ilmiah Penyelesaian Perkara Kebakaran Hutan dalam Persfektif Hukum Lingkungan ]]>
<![CDATA[Octa Vera]]>;
<![CDATA[Serlika Aprita]]>;
<![CDATA[Kurniati Kurniati]]>
<![CDATA[ Wajah Hukum Vol 6, No 2 (2022): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i2.915
<![CDATA[Exploration of the natural world is becoming more and more popular since it is seen as being for human benefit. One illustration of how certain reckless elements inflict damage is forest fires. The Kalimantan and Sumatra forest fires had a significant negative impact on ecosystems, society, and the economy. In this journal, the problem of forest fires will be studied from the perspective of environmental ethics theory, namely Anthropocentrism and Biocentrism, where the two views contradict each other related to exploitation that should not be carried out by humans as kholifatul fil Ard. This journal uses the library method using scientific article journals and theses. From the second paradigm on environmental ethics, this study will produce the right perspective in this era regarding the relationship between humans and nature, so that the perspective of society in general can change and can take advantage of this nature according to its portion. Because in the Qur'an it has been explained that some of the damage that exists on earth comes from humans.]]>
<![CDATA[Sanksi Adat Penyelesaian Kasus Pelecehan Seksual di Desa Kungkai Kabupaten Merangin Jambi ]]>
<![CDATA[Anggi Purnama Harahap]]>;
<![CDATA[Devrian Ali Putra]]>;
<![CDATA[Ardian Kurniawan]]>;
<![CDATA[Muhammad Aiman]]>
<![CDATA[ Wajah Hukum Vol 6, No 2 (2022): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i2.1004
<![CDATA[The threat of criminal sanctions in Indonesian state law does not have a major impact on reducing sexual harassment cases. In some places, efforts to sanction cases of sexual harassment using adat law can be another alternative, because of the unique relationship between traditional communities and adat law. This research examines the existence and implementation of adat law sanctions to solve the problem of sexual harassment in Kungkai Village, Merangin, Jambi Province. The type research is field research or empirical juridical research using a legal anthropological approach. The data collection instrument is through observation, interviews with indigenous peoples, and literature review. Adat sanctions for perpetrators of sexual harassment crimes in Kungkai Village are called “utang adat”. This sanction was given by the adat party in Kungkai Village for perpetrators of sexual crimes to pay compensation. The application of Islamic values in the Jambi Malay traditional seloko, adat bersendi syarak, syarak bersendi Kitabullah can be found from the addition of punishment by assessing the marital status of the perpetrator or victim such as the jarimah zina in Islamic criminal law. The existence of adat law has an urgency to maintain community compliance with legal values and norms.]]>
<![CDATA[Tinjauan Yuridis terhadap Nelayan Pelaku Pengeboman Ikan Diwilayah Perairan Labuhan Bajo Berdasarkan UU No 31 Tahun 2004 Hukum Lingkungan (Studi Kasus Putusan No.02/Pid.Sus/2013/Pn.Lbj) ]]>
<![CDATA[Tito Rahmadani]]>;
<![CDATA[Aryo Fadlian]]>
<![CDATA[ Wajah Hukum Vol 6, No 2 (2022): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i2.874
<![CDATA[The existence of laws in the life of people in a country, basically can not only be said to be an effort to regulate activities in people's lives, but can also be an effort that can change behavior and thinking in an individual or community group. Indonesia as a country surrounded by the ocean, has a lot of fishery resources that are still not explored and exploited optimally. This fishery regulation is regulated in the Law of the Republic of Indonesia No. 31 of 2004 concerning Fisheries. This research is a means for humans to discover facts, existence and develop science. Meanwhile, in this research, which is legal research, it is one of the activities based on certain systematics, methods and thoughts with the aim of being able to study and gain an understanding of the symptoms of the law, and also the path and analysis in depth regarding facts with the law which are then solved with problems derived from the symptoms of the law. The results of this study show that the criminal act of bombing fish is in accordance with what has been considered by the Judge. Fisheries crimes are caused by economic factors, weak morality, weak morals and creeds. The use of explosives used by the defendant is regulated in Ri Law No. 45 of 2009 concerning amendments to RI Law No. 31 of 2004 concerning Fisheries.]]>
<![CDATA[Kajian Yuridis Permenkumham Nomor 10 Tahun 2020 Sebagai Upaya Pencegahan Covid-19 ]]>
<![CDATA[Helda Rahmasari]]>;
<![CDATA[Stevri Iskandar]]>;
<![CDATA[Lidia Br Karo]]>
<![CDATA[ Wajah Hukum Vol 6, No 2 (2022): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i2.1014
<![CDATA[Assimilation is the process of fostering prisoners and children carried out by blending prisoners and children in community life, this is regulated in Article 1 number 4 of the Regulation of the Minister of Law and Human Rights Number 03 of 2018. The focus of this research is on assimilation given to children. To break the chain of spread of Covid-19, the Minister of Law and Human Rights has also issued Minister of Law and Human Rights Regulation Number 10 of 2020 concerning Conditions for Providing Assimilation and Integration Rights for Prisoners and Children in the Context of Prevention and Control of the Spread of Covid-19 which was promulgated in dated March 30, 2020. The research approach uses normative legal research because it is carried out by researching library materials or secondary data in this case researching and analysing Minister of Law and Human Rights Regulation Number 10 of 2020 through a statutory approach, conceptual approach and philosophical approach by collecting data through document studies and qualitative analysis. The results of the study indicate that assimilation in the Covid-19 pandemic is not an appropriate policy, this is based on unstable social and economic conditions to support the implementation of this. Because as long as prisoners are still state-guided citizens, it should be the state's obligation to fulfilling the prisoners' rights as regulated in Article 14 of Law Number 12 of 1995.]]>
<![CDATA[Penegakan Hukum Oleh Kepolisian Resor Tanjung Jabung Barat terhadap Pelaku Tindak Pidana Penadahan ]]>
<![CDATA[Retno Kusumawardani Wardani]]>;
<![CDATA[Setly Selva Yuneida]]>
<![CDATA[ Wajah Hukum Vol 6, No 2 (2022): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i2.1087
<![CDATA[Nowadays, there are many criminal acts committed by humans to achieve the desired goals, including committing criminal acts of holding goods resulting from criminal acts. The research method used in this study is empirical juridical so that it examines first related to the occurrence of criminal acts of detention in Tanjung Jabung Barat, then linked to the legal rules regarding detention, namely Article 480 of the Criminal Code (KUHP) is descriptive and the source is library research (liberty research) and field research (field research). In this study, the approach used is socio-legal research and the data analysis is qualitative analysis. The results of this study explain that law enforcement by the Tanjung Jabung Barat Resort Police against perpetrators of criminal acts of detention is not maximally carried out in accordance with the provisions/procedures of law enforcement officers, both at the level of investigation, prosecution and at the level of court judge decisions. Because it involves actors with a well-organized network. The obstacle faced is the provisions of Article 12 paragraph (2) of the Criminal Code which only regulates the general maximum law and the general minimum law which causes the judge's decision to be weak (depending on the judge only) so that the possibility of a sense of deterrence for the perpetrators of detention is very far away and due to factors it is difficult to find and identify places of detention, the detention is carried out because it has a hidden or hidden network and has a very neat cooperation, making it difficult to uncover and trace it and the efforts made to overcome the obstacles are to take strict action by law who is proven to have held detention, by seek to provide a more severe punishment, conduct raids in places/shops suspected of buying stolen goods, pawnshops and so on, approaches through religion, counseling in the field of law and so on.]]>
