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WAJAH HUKUM
Published by Universitas Batanghari Jambi
ISSN : -     EISSN : 2598604X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : -
Articles 41 Documents
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Search results for , issue "Vol 7, No 2 (2023): Oktober" : 41 Documents clear
Analisis Yuridis Penerbitan Surat Persetujuan Berlayar Mt. Sea Tanker Ii di Kantor Kesyahbandaran dan Otoritas Pelabuhan Batam Rahma, Isnawati Azizatul; Situmeang, Ampuan; Girsang, Junimart
Wajah Hukum Vol 7, No 2 (2023): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v7i2.1259

Abstract

MT. Sea Tanker II, which was going to docking to Surabaya, was hampered by its departure due to the non-issuance of a Sailing Approval Letter by the KSOP Batam Region, on the grounds that the owner MT. Sea Tanker II was reported by other parties regarding MT. Sea Tanker II at the Riau Islands Police. MT. Sea Tanker II has carried out its obligations to pay the fees for anchoring services, mooring services, guide-in services, and delay-in services, as well as completing the required documents for the issuance of the Sailing Approval Letter, but the Special KSOP Batam Region is not willing to issue the SPB for fear of being investigated by investigators from the Regional Police. Riau Islands. The actions taken were not in accordance with the KSOP authority contained in articles 207 and 208 point (g) of Law Number 17 of 2008 concerning Shipping, which states that KSOP Batam Region can only detain ships with a written order from the Court. This research is a legal research, namely the process of finding legal rules, legal principles, or legal doctrine in order to answer legal issues and analyze court decisions.
Perlindungan Data Pribadi Mengenai Kebocoran Data Dalam Lingkup Cyber Crime Sebagai Kejahatan Transnasional Silalahi, Putri Hasian; Dameria, Fiorella Angella
Wajah Hukum Vol 7, No 2 (2023): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v7i2.1244

Abstract

In this era of globalization, internet technology is growing rapidly from time to time. The right to privacy data is part of the privacy rights inherent in every individual. Until now the internet can be used as a new tool to commit a crime, especially cyber crime. The network is broad and can break through the barriers of national borders, enabling the occurrence of a cyber crime that can be carried out by crossing national borders or better known as transnational crime. This cyber crime can cause great losses both material and non-material. Moreover, cyber crime that is transnational in nature makes cyber crime require special treatment to handle it. Indonesia carried out two handlings both externally and internally. Externally, Indonesia and the National Police cooperate with the Australian Federal Police. Meanwhile, internally Indonesia formed institutions such as Id-SIRTII, Trust+positive, the birth of the European Union Convention On Cybercrime Bill, Cyber Defense Competition, Development of Cyber Defense. External handling is carried out by the Indonesian government to overcome Cyber crime that is across national borders.
Pencatatan Sita Sertifikat Hak Atas Tanah di Kantor Pertanahan Kota Bandar Lampung Pattikraton, Muhammad Aditya; Silviana, Ana
Wajah Hukum Vol 7, No 2 (2023): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v7i2.1223

Abstract

This study aims to determine the recording of confiscation of certificates of land rights in the defense office of the city of Bandar Lampung. The method in this study uses a normative and empirical approach. The results of this study indicate that the legal implication of confiscation of land title certificates based on the Regulation of the Minister of Agrarian and Spatial Planning / Land Agency Number 13 Year 2017 Regarding the Procedure of Blocking and Confiscating is resulting the certificate holder temporarily unable to make the transfer of rights or the imposition of rights on his land until the revocation of the certificate of seizure of the land. Confiscation of certificates results in the suspension of land rights for the time being and will simultaneously freeze ownership of land. Furthermore, regarding the inhibiting factor for confiscation of land rights certificates, when recording is done manually, it is often the case that confiscation of seizure documents filed by the Ministry of Agriculture is not yet complete. the petitioner, as well as the lack of legal understanding related to legal standing confiscation of criminal, confiscated cases and confiscation due to forced letters. Suggestion of this research is that the Land Office should be more existent in disseminating information regarding the mechanism of confiscation recording at related institutions such as the Regional Police, Prosecutors, Courts and the public because the classification of criminal confiscation, confiscation of cases and confiscation due to forced letters.
Pelaksanaan Pembagian Harta Warisan Di Desa Tuntungan II Kecamatan Pancur Batu Kabupaten Deli Serdang Menurut Hukum Adat Dari, Nayu Triska Wulan; Rani, Diana
Wajah Hukum Vol 7, No 2 (2023): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v7i2.1307

Abstract

This inheritance law cannot be separated from human life itself because this inheritance law is very closely related between parents and children in terms of property that will be owned or given by their children. Therefore, related to the problem of heirs, they should know about who is called an heir, then the rights and obligations that must be accepted by heirs and the grouping of heirs in inheritance law so as to reduce the existence of misunderstandings between heirs with one another in distribution of inheritance in society. In the distribution of inheritance on inheritance in general, it must be fairly regulated based on the law that applies in the inheritance process. Therefore, the distribution of inherited assets should fulfill the elements of justice and achieve peace in the distribution of inherited assets because it is the most important thing so as not to cause legal consequences in the future. The research method is empirical legal research type, library data sources and field research. The sampling technique is used by purposive sampling. Data collection techniques are interviews and library research as well as qualitative analysis. The results of the research are the implementation of the distribution of inheritance in Tuntungan II Village, Pancur Batu District, Deli Serdang Regency according to customary law, the karo village community still uses two applicable laws, namely the national law (KUHPerdata) and customary law where the customary law prioritizes the distribution to male heirs rather than female heirs and the obstacles faced in implementing the distribution of inheritance in Tuntungan II Village, Pancur Batu District, Deli Serdang Regency according to customary law is patrilineal or prioritizing the distribution of heirs to men then raises the greedy nature of male heirs and a sense of unfairness from female heirs, causing disputes / disputes between the two.
Peranan Dinas Perdagangan dan Perindustrian dalam Pengawasan Pasar Talang Banjar di Wilayah Kota Jambi Nuraini, Nuraini; Ansori, Mhd.
Wajah Hukum Vol 7, No 2 (2023): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v7i2.1295

Abstract

This research aims to find out and understand the role of the Department of Trade and Industry in supervising the Talang Banjar Market in the Jambi City area, the obstacles encountered in supervising the Talang Banjar Market in Jambi City, what efforts have been made to overcome these obstacles. This type of research is empirical juridical. The results of the research are the role of the Trade and Industry Service in supervising the Talang Banjar Market in the Jambi City area, namely by arranging street vendors, controlling street vendors, and coaching street vendors. The obstacle encountered in monitoring the Talang Banjar Market in Jambi City was the presence of individuals protecting traders selling on the side of the road. Efforts made to overcome these obstacles are by implementing sanctions against street vendors in the context of organizing and empowering street vendors in Jambi City. So far, the implementation of sanctions has not been optimal. This is because law enforcement officers are not firm in providing sanctions and the level of legal awareness of the community (street vendors) is still not good. This legal awareness is closely related to the formation of a good legal culture.
Penyampaian Akta Pemberian Hak Tanggungan Secara Elektronik Menurut Perspektif Perundang-Undangan Di Indonesia Waffy, Muhammad; Syamsir, Syamsir
Wajah Hukum Vol 7, No 2 (2023): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v7i2.1205

Abstract

The responsibility of the Land Office if there is a problem with the IT system or HT-el application is only technical responsibility by providing access to the PPAT/Bank as the creditor to communicate directly with the local Land Office employees in the Electronic Mortgage registration service section via the Whatsaap application and can also come by. go directly to the land office and Obstacles with PPAT are: 1). Corrections carried out by the Land Office on files that have been uploaded by PPAT often occur in a short time. 2). The HT-el application often experiences problems or server errors which usually occur during working hours. 3). Insynchronization between the physical data of the Certificate and the data in the Land Office's electronic system. 4). The certificate is not ready when it is uploaded, it has not been validated, it has not been deployed. 5). Banks as creditors need to always be reminded to immediately carry out the Mortgage Rights registration process. 6). HT-el services do not provide access to land that has not been certified and the obstacles for banks as creditors are: 1). Server errors often occur in Ht-el partner applications. 2). In the roya process, there is often a lack of synchronization between the roya records on the physical certificate and the records contained in the Land Office's electronic system. 3). In the Roya process, there are many processes that cannot be done with a computer, you have to use a cellphone first.
Analisis Perlindungan Hukum Bagi Pemegang Hak Merek Dagang Ikea Atas Penghapusan Merek Dagang (Antara PT Inter IKEA Swedia vs PT Ratania Khatulistiwa) Harum, Vanessa Mathilde; Lie, Gunardi; Syailendra, Moody R.
Wajah Hukum Vol 7, No 2 (2023): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v7i2.1246

Abstract

Brands play a very important role in the world of marketing because people often associate the quality or reputation of goods and services with certain brands. One of known brands that people are familiar with is IKEA. So the author is interested in analyzing the dispute that occurred between PT Inter IKEA Sweden and PT Ratania Khatulistiwa, especially in the section on When IKEA Sweden Lost Its Brand Rights According to Law Number 15/ 2001 Concerning Brands, and How Legal Protection for the Holders of IKEA Trademark Rights.. Method The approach used in this study is a normative legal approach which refers to the applicable laws and regulations. The protection of the IKEA trademark dispute as a result of not using the IKEA trademark for 3 consecutive years.
Penyelesaian Terhadap Wanprestasi Pengguna Aplikasi Go-Jek Berupa Pembatalan Orderan Sepihak Terhadap Pengemudi (Driver) Go-Food Di Wilayah Kota Payakumbuh Harahap, Ikhyar Rizki; Syuryani, Syuryani; Rusli, Benni
Wajah Hukum Vol 7, No 2 (2023): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v7i2.1202

Abstract

Gojek Indonesia is a technology company, not a transportation company that provides transportation services. The service features available on the go-jek application are go-food, which is a delivery service provided by go-jek companies to buy and deliver food orders to their users. The large number of consumers who use this application always cancel orders unilaterally which results in default in an agreement. This study discusses the settlement of defaults on the use of the gojek application in the form of unilateral cancellation of orders for gofood drivers in the Payakumbuh City area. This research raises two problems, namely What is the process for the birth of an agreement between gojek drivers and go-jek application users in food ordering activities, What is the settlement of compensation for defaults on gojek application users in the form of unilateral cancellation of orders against go-jek drivers? Food. This study uses the Juridical Empirical method. The data sources used are Primary Data through interview studies and document studies and Secondary Data through primary legal materials, secondary legal materials and tertiary legal materials. The results of the study show how the process of the birth of an agreement between go-jek drivers and go-jek application users in food ordering activities and settlement of compensation for defaults on go-jek application users in the form of unilateral cancellation of orders against go-food drivers. The implementation that occurs for consumers purchasing food and drinks through the online ordering application, as mentioned, does not always go well. There are also actions that can harm other parties in their implementation, especially when ordering food and drinks using an online application, in other words, consumers do not come directly to the places where the food and beverage sellers are concerned. Default means negligence, negligence, default, not fulfilling its obligations in the agreement. Based on the Consumer Protection Act, there are rights and obligations held by business actors.
Polemik Hukum Penunjukan Penjabat (PJ) Kepala Daerah Berdasarkan Undang Undang Nomor 10 Tahun 2016 Tentang Pemilihan Gubernur, Bupati dan Walikota Yarni, Meri; Kosariza, Kosariza; Irwandi, Irwandi; Juanson, Juanson; Yanti, Herma; Taufani, A. Yuli
Wajah Hukum Vol 7, No 2 (2023): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v7i2.1333

Abstract

The appointment of acting regional heads to fill the vacancy for definitive regional head officials caused by postponing regional elections in 271 regions in Indonesia has created problems in the administration of government in Indonesia. Regarding Article 201 of Law No. 10 of 2016 concerning the Election of Governors, Regents and Mayors which is the legal basis for the appointment of acting regional heads, a judicial review has been carried out resulting in MKRI Decision Number 67/PUU-XIX/2021 and MKRI Decision Number 15/PUUXX /2022. These legal materials were obtained through literature study and analyzed descriptively-qualitatively. The postponement of the 2022 and 2023 regional elections is still causing polemics. Based on data from the Ministry of Home Affairs in May 2022, the needs for filling regional head officials include 5 provinces, 6 cities and 37 districts. Meanwhile, there are as many as 101 regional heads whose leadership terms will end in 2022 and as many as 170 regional heads and deputy heads in 2023. This means that 271 regional head positions will end before the 2024 simultaneous elections. 
Permasalahan Substansi Hukum Acara Perdata di Peradilan Umum dan Penyelesaiannya Gunawan, Gunawan; Anggraeni, Happy Yulia; Fitri, Rani Lailatul
Wajah Hukum Vol 7, No 2 (2023): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v7i2.1261

Abstract

The substance of the legislation is identified as one of the influential aspects that impact the settlement process of civil matters in the General Court. This particular legal entity encompasses both formal and material aspects of the law. Civil procedural law governs the procedural aspects of case settlement, adhering to formal legal requirements. On the other hand, material law pertains to the substantive legal principles that govern the legal relationship between the parties involved in a dispute. The current state of the Civil Code is incongruent with the prevailing sentiment of public justice, so deviating from the fundamental tenets of national law and dualism. The objective of this study is to gain knowledge and comprehension regarding the issue of legal substance as a contributing factor in the examination of civil cases within the General Court. Furthermore, the aim is to propose a resolution to address the problem of legal substance as a factor impacting the process of examining civil cases in the General Court. The present study constitutes a normative legal research. Based on the outcomes of the discourse, the ensuing deductions may be ascertained: The insufficiency of the existing regulations governing the examination of civil cases in the General Court can be attributed, in part, to the intricate nature of legal substance issues. Consequently, it is imperative to establish a comprehensive legal framework, specifically in the form of the Civil Procedure Code, rather than relying on provisions at a lower hierarchical level, such as Supreme Court Regulations and Supreme Court Circular Letters. Furthermore, in order to garner attention from governmental entities or authorized individuals, such as the House of Representatives of the Republic of Indonesia, the President, and the Supreme Court, it is imperative to seek resolution or settlement in alignment with the enactment of a civil procedure law, specifically a Civil Procedure Code, in accordance with the prescribed legislative procedures.

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