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[Penyelesaian Ganti Rugi Tanah Milik dan Tanam Tumbuh Pengadaan Tanah Lahan Pengembangan Cagar Budaya Nasional Kabupaten Muaro Jambi ]]>
<![CDATA[Hariss, Abdul]]>;
<![CDATA[Fauzia, Nur]]>
<![CDATA[ Wajah Hukum Vol 9, No 1 (2025): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v9i1.1822
<![CDATA[Procurement of land for public purposes is the implementation of the social function of land rights. Therefore, every person who has rights to land is required to relinquish his rights to land for the sake of the public interest, including the interests of the nation and state as well as the common interests of the people. For the procurement of land for public purposes, each person is entitled to compensation from the state as occurred in the procurement of land for development of the National Cultural Heritage of Muaro Jambi Regency. Every person whose land, whether in the form of property rights or planting rights, grows into and/or is affected by the object of procurement must be given compensation. However, in reality, the process of land acquisition for public purposes is not free from many obstacles because it is related to the interests of many people. The study in this scientific work relates to forms of compensation for the community, obstacles in the compensation process and the efforts made by the government to overcome the obstacles present in the compensation process for freehold land and growing planting land for land acquisition for cultural heritage development in Muaro Jambi. The research approach was carried out socio-legally with primary data and secondary data.]]>
<![CDATA[Pembagian Harta Bersama dalam Perkawinan Poligami Berdasarkan Kompilasi Hukum Islam ]]>
<![CDATA[Mayva, Verandha]]>;
<![CDATA[Prihatini, Farida]]>
<![CDATA[ Wajah Hukum Vol 9, No 1 (2025): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v9i1.1729
<![CDATA[Marriage according to Law Number. 1 of 1974 and the Compilation of Islamic Law (KHI) is based on the principle of monogamy, which allows the practice of polygamy under certain conditions. In polygamous marriages, the division of shared property is regulated by Islamic law and legislation to ensure justice and protect the rights of the parties involved. However, the division of joint property often causes problems due to the lack of clarity in the mechanisms for calculation and proof of ownership. This research aims to analyze the mechanism of joint property division in polygamous marriages based on the KHI, with a primary focus on Decision Number 555/K/AG/2012. The approach used is normative juridical with a qualitative analysis method, referring to the analysis of legislation, namely Law Number 1 of 1974 on Marriage and the KHI. The analysis results show that the division of joint property in polygamous marriages is determined based on the time of acquisition, where property obtained during the marriage with the first wife becomes the joint right of the husband and the first wife. Meanwhile, property acquired in subsequent marriages involves the next wives in its ownership. The case study of Decision Number 555/K/AG/2012 emphasizes the importance of proving the period of asset acquisition to ensure fairness in the distribution.]]>
<![CDATA[Konstruksi Kuasa dalam Praktik Jual Beli Tanah ]]>
<![CDATA[Faradiba, Laetetia Sekar]]>;
<![CDATA[Umar, H.]]>;
<![CDATA[Putra, Akbar Kurnia]]>
<![CDATA[ Wajah Hukum Vol 9, No 1 (2025): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v9i1.1671
<![CDATA[The purpose of this research is to analyze the use of power of attorney in land sale and purchase practices. According to KUHPerdata, Article 1792 of the Civil Code governs the delegation of power to sell in the context of real estate transactions in Indonesia. The transfer of land rights can only be executed by the actual owner, whereas this power of attorney is solely for management purposes. Several things can cause the power of attorney to be terminated, including the grantor's withdrawal, the grantee's or the grantor's bankruptcy, or the grantee's notification of termination. The normative juridical approach is utilised for the research. Since the Absolute Power of Attorney deed fails to fulfil the objective requirements according to Article 1320 of the Civil Code, as regulated in the Minister of Home Affairs Instruction No. 14 of 1982, the author argues that it cannot be used to transfer land rights and is thus null and void by law. Government Regulation No. 24 of 1997, Article 39, Paragraph 1, Letter d, forbids the use of absolute power of attorney to transfer land rights; this regulation is still frequently cited even though the instruction is no longer in effect.]]>
<![CDATA[Perjanjian Nominee Antara Warga Negara Asing dengan Warga Negara Indonesia dalam Praktik Jual Beli Satuan Rumah Susun ]]>
<![CDATA[Mahfi, Richi Al]]>;
<![CDATA[Anggoro, Teddy]]>
<![CDATA[ Wajah Hukum Vol 9, No 1 (2025): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v9i1.1773
<![CDATA[The practice of nominee agreements in the sale and purchase of apartment units between foreign nationals (WNA) and Indonesian citizens (WNI) which is based on the limited ownership of apartment units by WNA. And then it becomes a significant legal issue because when viewed from the legal aspect, it is found that the Nominee Agreement does not meet the objective requirements for the validity of an agreement, which results in the agreement being null and void according to the provisions of the laws and regulations in force in Indonesia. This also has a serious impact and is detrimental to many related parties, and provides legal uncertainty for the parties involved. WNA are not recognized as legal owners, while WNI who are nominees are vulnerable to legal sanctions. Nominee agreements also conflict with the principle of land sovereignty. Unclear regulations and weak law enforcement also worsen the situation. The purpose of this study is to analyze and determine the legality of nominee agreements based on legal regulations in Indonesia, as well as the impact of ownership of apartment units for the parties. Thus, it is known that to overcome this problem, comprehensive legal reform is needed, including regulations that provide legal certainty for all parties in carrying out legal actions, especially agreements, so that they remain within the appropriate legal corridor, without setting aside the principle of freedom of contract.]]>
<![CDATA[Implikasi Kekeliruan Substansi Permohonan Penetapan Pengadilan terhadap Kedudukan Hukum Anak Luar Kawin ]]>
<![CDATA[Rachmadhiva, Affra Sabilla]]>;
<![CDATA[Setyorini, Hening Hapsari]]>
<![CDATA[ Wajah Hukum Vol 9, No 1 (2025): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v9i1.1708
<![CDATA[This study analyzes the implications of substantive errors in court petitions regarding the recognition and legitimization of extramarital children, focusing on enhancing their legal status following the death of the biological father. Based on a case study of Pontianak District Court Determination No. 246/Pdt.P/2021/PN Ptk, it was found that inaccuracies in the substance of the petition can result in ambiguous legal determinations, particularly regarding the child’s status as a recognized but not fully legitimate child. This ambiguity impacts the civil rights of extramarital children, including inheritance rights from their biological father. This research employs doctrinal legal methodology with a descriptive-analytical approach through a literature review, aiming to comprehensively explain the court’s essential role in ensuring the completeness of petition substance from the initial stages, especially at Meja I (Desk I). The findings emphasize the importance of legitimizing extramarital children to secure a stronger legal status equivalent to legitimate children, ensuring the protection of civil rights and reducing the potential for future legal conflicts.]]>
<![CDATA[Klausula Eksonerasi: Akibat Hukum Perjanjian Baku dalam Perjanjian Pengikatan Jual Beli Perumahan ]]>
<![CDATA[Junaidi, Junaidi]]>
<![CDATA[ Wajah Hukum Vol 9, No 1 (2025): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v9i1.1616
<![CDATA[The principle of freedom of contract allows standardised contracts to be used. However, businesses usually use standard contracts that include exoneration or exclusion clauses because they are in a different position. This can be detrimental to consumers if these clauses limit their obligations and responsibilities. The practice of using standard agreements often occurs when the situation is unstable. Manufacturers change the standard rules. The agreement usually favours the business actors. Although the Consumer Protection Law is already in force in Indonesia, business agreements still use exoneration clauses. However, the existence of such exoneration clauses is still debated in the field of law, according to academic research from legal experts. This study uses a normative legal research approach. Research in the field of normative law focuses on the collection and analysis of current law, legal foundations and ideas, analysis of specific cases, the structure of the legal system, the degree of parallels, comparisons between laws, and the historical development of law. The purpose of this research is to study and provide legal results of the application of exoneration clauses in the binding agreement for the sale and purchase of houses and to resolve default disputes that arise because of housing sale and purchase agreements containing exoneration clauses. The presence of this standard model agreement is still a legal issue, especially in civil law in the field of agreements. Conversely, this new draft agreement may violate consumer rights and even violate the legal rules governing consumer protection. The result is that this research is considered interesting and important to conduct.]]>
<![CDATA[Pembaharuan Hukum dalam Transaksi Asuransi pada Marketplace Asuransi Online di Indonesia ]]>
<![CDATA[Anugerah, Fiqqih]]>;
<![CDATA[Nurlaily, Nurlaily]]>;
<![CDATA[Seroja, Triana Dewi]]>
<![CDATA[ Wajah Hukum Vol 9, No 1 (2025): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v9i1.1806
<![CDATA[The phenomenon of personal data misuse has become increasingly prevalent in today's society. Data breach cases in Indonesia are common due to weak regulations specifically designed to protect the personal data of online marketplace users. This study aims to investigate and analyze the phenomenon and implications of the development of insurance transactions within the scope of online marketplaces in Indonesia, as well as to provide recommendations for legal improvements or enhancements that are appropriate and can support healthy growth in Indonesia's online insurance industry. This research employs a normative legal approach by utilizing library research techniques to examine various guidelines. Secondary data collected through library research were analyzed using a qualitative juridical approach. The study is also supported by primary legal materials such as legislation. The findings of this study indicate that insurance agreements can be utilized to protect the confidentiality of personal data, ensure the certainty and security of transactions, and minimize the risks of digital transactions, such as fraud, delivery failures, and financial losses. Legal regulations related to online insurance marketplace businesses in Indonesia require adjustments and revisions to accommodate the rapid development of technology and e-commerce.]]>
<![CDATA[Kewenangan Pemerintah Kabupaten dalam Pengelolaan Hutan Mangrove ]]>
<![CDATA[Saddat, Anwar]]>;
<![CDATA[Hartati, Hartati]]>;
<![CDATA[Priskap, Ridham]]>
<![CDATA[ Wajah Hukum Vol 9, No 1 (2025): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v9i1.1680
<![CDATA[The government's authority in the field of forest conservation as stated in Article 27 paragraph (3) above is further emphasized in Law Number 14 of 1999 concerning Forestry, namely in Article 4. Meanwhile, the authority of the regional government regarding forest management is regulated in Law Number 41 of 1999 concerning Forestry in Articles 59 to 65. From Article 59 to Article 65 of Law Number 41 of 1999 concerning Forestry, the regional government also has authority in managing mangrove forests. The objectives of this study are 1) to determine and analyze the authority of the Regency government in managing Mangrove forests 2) to determine and analyze the Regency Government's Policy on mangrove forest management. This study uses normative legal research using the approach, legislation, conceptual approach), historical approach with an 8-month activity plan and the scope or object in this study regarding the authority of the district government in managing mangrove forests based on legal provisions related to legal issues, Collection of primary legal materials, secondary legal materials, and tertiary legal materials using a card system and supported by a computerization system via the internet. There are 3 data collection techniques, namely 1) inventory technique, 2) systematization technique, and 3) interpretation technique. Results: Mangrove damage caused by land conversion, from mangrove forests to settlements and trade, as well as illegal logging and uncontrolled utilization of resources by the surrounding community. The lack of maximum supervision of mangrove forests so that the local government takes a local government policy or the authority to control conversion in a top-down manner (firm policy) through socialization and providing incentives and disincentives for violators. As well as the policy of managing mangroves as coastal protectors so that the number of mangroves is maintained or even increased.]]>
<![CDATA[Kedudukan Perjanjian Perkawinan Yang Dibuat Setelah Perkawinan Sebelum Putusan Nomor 69/PUU-XIII/2015 Berlaku (Studi Kasus Putusan Nomor 15/ Pdt.G/2019/PN Purwokerto) ]]>
<![CDATA[Wirjono, Nadira Ratunanda]]>
<![CDATA[ Wajah Hukum Vol 9, No 1 (2025): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v9i1.1563
<![CDATA[Marriage Agreement is a contract between a husband and wife concerning property or other matters; however, an agreement made after marriage, known as a postnuptial agreement, becomes a dispute if made before the Constitutional Court Decision No. 69/2015 came into effect. This study aims to examine and analyze the legal consequences of marriage agreements made during the marriage and legalized by a Notary. The research method employed is normative, with an approach based on legislative regulations. The findings indicate that Decision No. 15/Pdt.G/2019/PN Purwokerto considers marriage agreements made during the marriage and legalized by a Notary to be valid. However, further analysis reveals that this contradicts Article 29 paragraph (1) of Law No. 1 of 1974 on Marriage prior to the enactment of Constitutional Court Decision No. 69/2015.]]>
<![CDATA[Menakar Aktualisasi Hak Partisipasi Anak melalui Pelibatan Anak dalam Law-Making Process Mitigasi Iklim ]]>
<![CDATA[Azaria, Davilla Prawidya]]>;
<![CDATA[Nasution, Ali Imran]]>;
<![CDATA[Simanjuntak, Anni Alvionita]]>;
<![CDATA[Puspitarini, Nabilah]]>;
<![CDATA[Ferdianty, Shavina Putri]]>
<![CDATA[ Wajah Hukum Vol 9, No 1 (2025): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v9i1.1724
<![CDATA[Children’s right of participation legitimized in national and international instruments. It is giving children right be hear, to express their views and opinios in matters affecting them significantly, such as the climate crisis. However, exercising this rights still faces various obstacles. This study will describe an analysis of restrictions on children's participation as obstacles to fulfilling children's rights in the law-making process to assuring child involvement can be implemented. As a normative research, this study will examine legal literature materials. The finding shows that children's participation in the policy-making process is faced with the assumption of adults who use age and maturity as benchmarks. This is not in line with the meaning in the Convention on the Rights of the Child which has legally provided legal certainty for children to have the right to participate and make decisions without limiting them solely by age. The Convention only states that children are given the right to participate with a weight that is appropriate for the child. Therefore, policy makers should be able to provide a broader interpretation to children so that these restrictions do not become obstacles. It is necessary to take into account the perspectives of children and uphold the best interests of the child premise to achieve intergenerational equity as a whole.]]>
