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[Tinjauan Yuridis terhadap Pengalihan Utang (Over Credit) Dibawah Tangan Atas Perjanjian Leasing Kendaraan Mobil ]]>
<![CDATA[Meidah, Nuryanah Tirostiah]]>;
<![CDATA[Hidayat, Anwar]]>;
<![CDATA[Abas, Muhamad]]>
<![CDATA[ Wajah Hukum Vol 7, No 2 (2023): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v7i2.1232
<![CDATA[On the basis of Pancasila's mandate and the 1945 Constitution, numerous economic activities were carried out during the period of national economic development to achieve a just and prosperous society. Leasing is one type of business activity that can be carried out in the financial and non-financial sectors to help the economy grow. A lease is an agreement between the lessor and the lessee to rent a particular kind of capital goods that the lessee chooses. In point of fact, numerous breakthroughs are regarded as in violation of the leasing party's agreements. Where this is known as over credit (obligation move) under the hands or without the information on the important gatherings, in particular renting. The issue lies in the connection between Law Number 42 of 1999 concerning Fiduciary Guarantees and the implementation of over credit (debt transfer) in car leasing agreements as well as the factors that prevent it. The exploration technique utilizes an observational juridical methodology, as per the creators, as the creators make sense of that the presence of these occasions requires a comprehension for the general population about the lawful component of over credit (move of obligation) in credit, particularly for vehicle vehicles. Based on these issues, scientists need to thoroughly analyze the component of over credit (obligation move) in renting (renting) related with Regulation Number 42 of 1999 concerning Trustee Assurances.]]>
<![CDATA[Prinsip Kesamaan Hak Dalam Penguasaan Dan Pemanfaatan Hak Atas Tanah (Studi Kasus Penguasaan Hak Atas Tanah Perkebunan Di Propinsi Jambi) ]]>
<![CDATA[Sarwani, Raden]]>
<![CDATA[ Wajah Hukum Vol 7, No 2 (2023): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v7i2.1313
<![CDATA[The principles of equality of control rights and utilization of land rights, to become plantations which are a source of prosperity for all Indonesian people. to obtain a right to land which gives a mandate to the state to maintain a balance with the authority given to the state in the administration, regulation, management and supervision for the purpose of maximizing the prosperity of the people, thereby ensuring the certainty of fair business opportunities for large business actors, medium and small as well as community use of land for plantations by preventing monopolistic practices.This research has a normative legal nature in the form of written positive legal provisions that are applied to legal events in concreto in society, so that in the research there is always a combination of two stages of study. The first stage, the normative approach (library research) is an approach carried out based on primary legal materials or using secondary data including principles, rules, norms and legal rules contained in laws and other regulations. The second stage is the application of in concreto events in order to achieve the predetermined goals. Obtaining data through secondary data in the form of legal and primary materials through interview techniques is carried out directly by conducting structured in-depth interviews.]]>
<![CDATA[Proses Pelaksanaan Pemberian Hak Restitusi Bagi Anak yang Menjadi Korban Tindak Pidana pada Tahap Penyidikan, Penuntutan dan Putusan Pengadilan ]]>
<![CDATA[Novrianto, M.]]>;
<![CDATA[Indrajaya, Indrajaya]]>
<![CDATA[ Wajah Hukum Vol 7, No 2 (2023): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v7i2.1299
<![CDATA[The form of protection given to children is not optimal, where the law only provides protection in the form of imposing prison sanctions on perpetrators of crimes, while the fundamental rights of children who are victims of crime have not been taken seriously. The form of protection in question is a form of protection after the occurrence of a crime that has a direct effect on the victim, one of which is the granting of the right of restitution. The granting of the right of restitution is a form of compensation for children who are victims of a crime. qualitative in nature to obtain descriptive results.]]>
<![CDATA[Akibat Hukum Merger Bank Syariah Mandiri, BRI Syariah, dan BNI Syariah ]]>
<![CDATA[Usak, Usak]]>
<![CDATA[ Wajah Hukum Vol 7, No 2 (2023): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v7i2.1253
<![CDATA[The purpose of writing this article is to examine legal arrangements for merger of Islamic banking and legal consequences of the merger of Bank Syariah Mandiri, BRI Syariah, and BNI Syariah. The research method used in this research is normative juridical method. Results of this study found that provisions regarding the merger of Islamic Banking are carried out in accordance with the provisions of the legislation as mandated by Article 17 paragraph (3) of Law Number 21 of 2008 concerning Islamic Banking. The legal arrangements for the merger of Islamic Banking in Indonesia can be referred to the Banking Law, Limited Liability Company Law, Islamic Banking Law, Government Regulation Number 28 of 1999, and OJK Regulation Number 41 of 2019. In addition, the merger of Sharia Banks must also pay attention to terms and conditions relating to the prohibition of monopolistic practices and unfair business competition as referred to in Law Number 5 of 1999. The legal consequences of the merger of BRI Syariah, BNI Syariah and Bank Mandiri Syariah may affect the company, shareholders, customers and employee.]]>
<![CDATA[Pelaksanaan Pemberian Asimilasi terhadap Warga Binaan Pemasyarakatan di Rumah Tahanan Negara Kelas IIB Padang Panjang ]]>
<![CDATA[Abdi, Rezki Kurnia]]>;
<![CDATA[Yustrisia, LoLa]]>;
<![CDATA[Munandar, SyaifuL]]>
<![CDATA[ Wajah Hukum Vol 7, No 2 (2023): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v7i2.1226
<![CDATA[AssimiLation is the process of fostering CorrectionaL Assisted Residents and CorrectionaL Students which is carried out by mixing CorrectionaL Assisted Residents and CorrectionaL Students in community Life. This study discusses the impLementation of the provision of assimiLation to prisoners in the Padang Panjang CLass IIB State Detention Center. The issues raised how is the impLementation of the granting of AssimiLation Rights to CorrectionaL Inmates in the Padang Panjang CLass IIB State Detention Center and what are the obstacLes and efforts in impLementing the granting of AssimiLation Rights to CorrectionaL Inmates in CLass IIB Padang Panjang State Detention Center. The type of research used is empiricaL juridicaL research. Sources of data used are primary data and secondary data. The impLementation of the granting of the Right of AssimiLation to CorrectionaL FamiLies in CLass IIB Padang Panjang State Detention Center is in accordance with appLicabLe reguLations. However, there are stiLL a number of obstacLes in the procedure which are stiLL not effective, there is resistance from the community towards prisoners and chiLdren of correctionaL institutions. It is better if there is more sociaLization from correctionaL officers to the inmates so that they are interested in fuLfiLLing their assimiLation rights. There is sociaLization that is more motivating from correctionaL officers to inmates so that they are interested in fuLfiLLing their assimiLation rights so that they avoid new criminaL acts when assimiLation is given.]]>
<![CDATA[Kewenangan Jaksa dalam Melakukan Perampasan Aset Terdakwa Korupsi ]]>
<![CDATA[Irawan, Chandra]]>;
<![CDATA[Sirozi, M.]]>;
<![CDATA[SA, Romli]]>;
<![CDATA[Kencana, Ulya]]>
<![CDATA[ Wajah Hukum Vol 7, No 2 (2023): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v7i2.954
<![CDATA[Research on the authority of prosecutors in confiscating assets of corruption defendants, because returning state assets to Corruption Eradication is difficult. In fact, corruption causes a lot of losses to the country. Even though criminal procedures have been made to save state assets, but it hasn't worked yet. Therefore, returning the assets of Corruption perpetrators can save state assets. The authority of the Prosecutor's Office plays a very important role in this effort. Research problems regarding the authority of prosecutors in confiscating assets of corruption defendants, the authority of the Prosecutor's Office to address the issue of returning state assets. Legal research method with a statutory approach. The result is that after the Corruption Eradication results there is a return of state assets, namely, there is a court decision. The legal basis for return is stated in Article 18 UU.31/1999 jo UU. 20/2001 Corruption Crimes, by summoning the convict, family and legal advisors by the Prosecutor regarding the stages, implementation of the return.]]>
<![CDATA[Sanksi Bagi Warga Binaan Melarikan Diri Di Lapas Kelas IIa Jambi ]]>
<![CDATA[A, Elvi Alfian]]>
<![CDATA[ Wajah Hukum Vol 7, No 2 (2023): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v7i2.1196
<![CDATA[The purpose of this research is to find out the criminal sanctions for fugitive convicts in Class IIA Jambi Correctional Institutions (Lapas), starting from the factors that cause escaped convicts, the sanctions applied to escaped convicts to efforts to prevent inmates from escaping. An empirical juridical approach is applied in this research, the method used is through data collection by means of observation, structured and unstructured interviews and documentation. In drawing conclusions, a qualitative approach is used, data analysis is used to draw conclusions from the answers to the research objectives. The conclusion of this study is that disciplinary enforcement of convicts who run away during their sentence period is carried out in various ways according to the level of the offense. The most serious violations were placed in solitary confinement for 2 (two) to 6 (six) days, loss of remission rights, family visits, parole and assimilation leave until leave before pure release in the form of parole. Efforts to prevent convicts from escaping from the Jambi Class IIA prison have been carried out but have been constrained by the overcapacity of the inmates, the unequal ratio of personnel and weapons from the guards and the physical condition of the prison building which is no longer feasible due to its age and is prone to flooding. To overcome this, the Lapas itself has made various prevention efforts including in the form of a social approach in the form of mental coaching, sanctions if it has happened to escaped convicts and also to Correctional employees with physical and mental coaching as well as disciplinary coaching. ]]>
<![CDATA[Affirmative Action Untuk Penyandang Disabilitas: Memenuhi Hak Pilih dalam Pemilu Yang Adil ]]>
<![CDATA[Razak, Askari]]>
<![CDATA[ Wajah Hukum Vol 7, No 2 (2023): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v7i2.1271
<![CDATA[This research analyzes the fulfillment of voting rights for people with disabilities in elections and the efforts of affirmative action to achieve justice. People with disabilities have equal opportunities in elections according to the Constitutional Court's decision and the Election Law. Although the number of people with disabilities is approximately 1% of the population, it is important for the General Election Commission (KPU) to accurately register them. The fulfillment of voting rights for people with disabilities is in accordance with the 1945 Constitution and the Human Rights Law. People with disabilities are vulnerable groups with special rights guaranteed by the Disability Law. However, their political rights are often neglected due to stigma and discrimination. Through normative legal research, affirmative action becomes important as a temporary policy to provide equal opportunities. Active participation of people with disabilities is key in elections. The government categorizes voters as normal and those with mental disorders, but the difference between mental disabilities and insanity must be understood. Mental disorders and memory impairment are not the only requirements for elections. This research emphasizes the importance of fulfilling the voting rights of people with disabilities and the efforts of affirmative action for justice. Improvements in registration systems, elimination of stigma, and better understanding of political rights are expected to increase participation in the political process.]]>
<![CDATA[Penegakan Hukum Tindak Pidana Penganiayaan Yang Dilakukan Narapidana Di Lembaga Pemasyarakatan Perempuan Kelas II B Jambi ]]>
<![CDATA[Badri, Mhd.]]>;
<![CDATA[Sumaidi, Sumaidi]]>;
<![CDATA[Iswanto, Reza]]>
<![CDATA[ Wajah Hukum Vol 7, No 2 (2023): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v7i2.1301
<![CDATA[Prisons are a place to develop prisoners so that when they leave the prison the prisoner will no longer commit a crime. However, in reality, in prisons there have also been criminal acts committed by the prisoners themselves, namely criminal acts of abuse between prisoners. The research method used in this research is using a legal sociology approach with an activity plan for 6 months and the scope of this research is criminal acts committed by prisoners in prison. The materials used in this research are primary legal materials and secondary legal materials. The place used in this research is the Class II B Jambi Correctional Institution. The data collection technique is in the form of interviews and the analysis technique is qualitative analysis. The results of the discussion of this research are that severe disciplinary penalties have not been strictly enforced against inmates who commit criminal acts of abuse and the obstacles are the small number of prison security officers, the lack of interest of prisoners in participating in coaching programs and the facilities and infrastructure which are still limited.]]>
<![CDATA[Perlindungan Hak Cipta terhadap Pencipta Komik Dalam Platform Digital Tapas Media ]]>
<![CDATA[Gantina, Mochamad Ilham]]>;
<![CDATA[Anggraeni, Happy Yulia]]>
<![CDATA[ Wajah Hukum Vol 7, No 2 (2023): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v7i2.1241
<![CDATA[In this age of disruption, the advancement of information technology brings with it new innovations, opportunities, and challenges. One of the difficulties is the increasingly easy distribution of illegal digital products. Digital comics are one example of a copyright product that is illegally distributed. Unfortunately, the increasing popularity of digital comics is being accompanied by an increase in piracy in Indonesia. This has had a huge impact on digital comic creators, who should have had full rights to their ideas but had them taken away by irresponsible parties. The goal of this research is to learn about the legal protections afforded to digital comic creators, as well as to learn about law enforcement actions taken against perpetrators who illegally distribute digital comics on online sites. This study employs normative legal research methods to provide an overview of the major issues. According to the study's findings, copyright protection for digital comic creators is currently regulated in Copyright Law No. 28 of 2014, so that law enforcement against perpetrators of digital comics distribution on illegal sites can be pursued through mediation, civil lawsuits, criminal complaints, and the closure of content and/or access to sites that violate Copyright.]]>
