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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 50 Documents
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Search results for , issue "Vol 9, No 2 (2025): Oktober" : 50 Documents clear
Legalisasi Aborsi Bagi Korban Perkosaan dalam Perspektif Hak Asasi Manusia (HAM) Guntara, Bima
Wajah Hukum Vol 9, No 2 (2025): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v9i2.1996

Abstract

Legalizing abortion for rape victims is meant to improve the legal policy and enforcement of better and more accommodative to the protection of the victims of rape. Unborn babies also have the right to life. These differing perspectives on these two human rights have sparked much debate in society. This research is a normative legal analysis aimed at identifying legal concepts and doctrines related to the legalization of abortion for rape victims from a human rights perspective. The research approaches used in this study are the statute approach and the conceptual approach. The research approach used in this study is a statute approach and a conceptual approach. Research results (1) the government has issued regulations regarding the legalization of abortion for rape victims but does not have strong legal certainty. (2) The rights of women and the right of the fetus to life are equally protected by the laws of Indonesia. In the case of legalization of abortion for rape victims, the State applies the concept of limitation to the fulfilment of the right to life of the fetus, under the terms and conditions established by the Act governing the conditions and conditions permitted for abortions for the victims of rape.
Aspek Hukum Peran TNI Mengatasi Serangan Siber dalam Rangka Pertahanan Keamanan Nasional Qisty, Fauziah Nauri; Setiawan, Bayu; Utama, Anang Puji
Wajah Hukum Vol 9, No 2 (2025): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v9i2.1949

Abstract

Cyberattacks are a growing and increasingly threatening form of non-traditional threat that endangers national security stability in the digital age. In this context, cybersecurity has become an integral part of the nation's defense system, making the role of the Indonesian National Army (TNI) in facing cyberattacks increasingly relevant and urgent. However, the legal aspects governing the authority of the Indonesian National Armed Forces (TNI) in the cyber domain still raise debate, particularly due to the lack of comprehensive and specific regulations. This research aims to examine and understand the legal basis governing the role of the Indonesian National Armed Forces (TNI) in addressing cyber threats, analyze the limits of its legal authority within the context of national cyber defense, and evaluate the implementation of existing policies. This research uses a normative juridical method, as well as relevant legislation (statute approach) and conceptual (conceptual approach) approaches. The research results indicate that although the role of the Indonesian National Armed Forces (TNI) is highly strategic in facing covert and high-risk cyber threats to national sovereignty, the involvement of the TNI must be based on a clear and firm legal framework, carried out through effective coordination with relevant institutions, and always uphold applicable legal principles.
Analisis Yuridis Pelaksanaan Corporate Social Responsibility (CSR) Pasca Pertambangan Indonesia Nurmala, Sheila Adi; Utami, Ikawati
Wajah Hukum Vol 9, No 2 (2025): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v9i2.1925

Abstract

The implementation of post-mining Social Responsibility of Corporations (CSR) in Indonesia has become a major concern along with increasing awareness of sustainability and Social Responsibility of Corporations. The mining sector does contribute significantly to the national economy, but it also has negative impacts on the environment and surrounding communities. This investigation uses a normative juridical approach by analyzing various regulations, including Regulation Point 40 per 2007 concerning Limited Liability Companies, Regulation Point 4 per 2009 in conjunction with Regulation Point 3 per 2020 concerning Mineral and Coal Mining, Regulation Point 25 per 2007 concerning Investment, Regulation Point 32 per 2009 concerning Environmental Protection and Management, and Government Regulation Poin 47 per 2012 and Government Regulation Poin 96 per 2021. This study is based on the concept of sustainable CSR (Triple Bottom Line) and the theory of corporate responsibility, which emphasizes the balance of economic, social, and environmental aspects. A case study of corruption at PT Timah Tbk serves as an illustration to assess the gap between legal norms and practice in the field. The analysis shows that despite fairly comprehensive regulations, the implementation of post-mining CSR still faces various obstacles, such as legal uncertainty, weak oversight, limited human resource capacity, small budgets, low community contributions, and the absence of strict sanctions for violators. Therefore, CSR management reform is needed through strengthening regulations, increasing supervisory capacity, transparency in fund use, and active community involvement. The government is expected to play a more active role as a regulator, facilitator, and supervisor so that post-mining CSR can be implemented effectively, sustainably, and equitably.
Peranan Komite Olahraga Nasional Indonesia Provinsi Jambi dalam Pembinaan dan Pengembangan Olahraga Panahan Masriyani, Masriyani; Nuraini, Nuraini; Putri, Rizky
Wajah Hukum Vol 9, No 2 (2025): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v9i2.1986

Abstract

Sport is a basic need for every human being and plays an important role in life. Physical activity is a characteristic of life, indicating that every individual needs movement for health and well-being. In this context, the role of the Indonesian National Sports Committee (KONI) in developing sports activities. One of the sports that cannot be ignored is archery, which has the potential to achieve proud achievements at the national and international levels. This study aims to analyze the role of KONI in developing archery athletes in Jambi Province, to unravel the obstacles faced in the coaching process, and to find solutions to overcome these obstacles. In this study, the method used is empirical juridical with a Socio-legal research approach. From the results of the study, it was concluded that KONI has made efforts to develop archery athletes, but has not been optimal. The obstacles faced are limited training facilities and infrastructure, which are caused by a lack of budget and minimal funding, less than optimal program assistance. Efforts made by KONI Jambi Province are to improve the budget system by submitting a budget plan in accordance with Regional Regulations, so that the needs of sports facilities and infrastructure can be met properly, it is important to plan independent funding sources for KONI. This study also recommends several strategic steps for KONI to support its role in the development and development of archery in an effort to increase the achievements and number of athletes at various levels, so that the achievements can be maximized.
Analisis Kepastian Hukum Atas Kepemilikan Tanah Dago Elos terhadap Hak Para Pihak Eugenia, Frederika; Nalle, Victor Imanuel Williamson
Wajah Hukum Vol 9, No 2 (2025): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v9i2.1940

Abstract

Previous studies on agrarian conflict in Indonesia largely emphasized the weak conversion of colonial land rights and the uncertainty of land status but have yet to examine contemporary cases involving document forgery and inconsistent court rulings. The articlee highlights the Dago Elos land dispute as a modern urban agrarian conflict that reflects the fragility of legal certainty. Using an empirical juridical method through analysis of Basic Agrarian Law (UUPA), court decisions, and community interviews, the study finds that expired eigendom verponding claims and forged documents intensified legal insecurity for residents. The findings reveal that land rights protection in Indonesia remains vulnerable, while the state of the art of this research lies in integrating colonial legal legacies, administrative manipulation, and the effectiveness of legal protection in contemporary land disputes.
Kepastian Hukum terhadap Pembeli yang Beretikad Baik dalam Proses Balik Nama Sertipikat Tanah Ahmadi, Ahmadi; Amelia, Risky
Wajah Hukum Vol 9, No 2 (2025): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v9i2.1955

Abstract

Land sale and purchase transactions that are not carried out through legal procedures according to statutory regulations are often used by the general public. The law in the area is not using a Sale and Purchase Deed made by a Land Deed Making Officer (PPAT) or Temporary PPAT (PPATS). This is often used by some people so that non-compliance with legal procedures results in the transfer of land rights not being able to be registered at the land office, so that the buyer does not obtain legal status as a legitimate land owner. Therefore, in this article, what will be reviewed is how the procedure so that the buyer can carry out a Change of Name according to the procedure and the legal impact if the transaction process is not carried out correctly. Normative and empirical Juridical Methods, namely by emphasizing secondary data by studying and reviewing the principles of positive law derived from library data and legal comparisons, as well as elements or factors related to the research object as part of field research. Underhand transfer of rights transactions in this case there is a defect or flaw, however, the buyer is considered to have good intentions by checking and taking care of the validity of the documents owned, therefore the change of name can be carried out based on an authentic letter made by a non-PPAT in this case a Court Decision that has permanent legal force. In this case, the Community is considered to be more careful, thorough and careful regarding the land object and can check the history of the land at the BPN.
Perlindungan Hukum Konsumen Atas Praktik Overclaim Iklan Produk Skincare di E-Commerce Dihubungkan dengan Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen Andriani, Nina; Rahmatiar, Yuniar; Abas, Muhamad; Sanjaya, Suyono
Wajah Hukum Vol 9, No 2 (2025): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v9i2.1876

Abstract

Overclaim occurs when business actors convey excessive or factual information in product promotions, thus misleading consumers and violating the principles of transparency and honesty in trade. In the skincare industry on e-commerce platforms, this practice is increasingly widespread along with high market competition. Consumers are often disadvantaged because they do not have adequate ability to verify the truth of product claims. This study aims to examine the form of legal protection provided to consumers, as well as to examine the responsibilities of business actors based on the provisions of Law Number 8 of 1999 concerning Consumer Protection. The method used is qualitative with a normative legal approach, which focuses on literature studies and analysis of relevant laws and regulations. The findings in this study indicate the need to strengthen the legal protection system, both preventively through advertising monitoring mechanisms, and repressively through the application of strict legal sanctions. The active involvement of e-commerce platforms is also key to creating effective consumer protection in the digital space.
Pengaturan Hukum Pidana terhadap Pelaku Pertambangan Ilegal di Indonesia Dwi Ratmaja, I Gede Sadia; Rusmana, I Putu Edi
Wajah Hukum Vol 9, No 2 (2025): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v9i2.1953

Abstract

Illegal mining in Indonesia has become a serious issue with widespread environmental, economic, and social impacts. This study aims to analyze the criminal law regulations regarding illegal mining offenses and the sanctions imposed on perpetrators based on Indonesian positive law. The research method used is normative juridical, with a descriptive-analytical approach. The findings indicate that the primary regulation governing illegal mining offenses is Law Number 3 of 2020 on Mineral and Coal Mining (UU Minerba), which imposes a maximum prison sentence of 5 years and fines up to Rp100.000.000.000 (one hundred billion rupiah). Additionally, illegal mining activities causing environmental damage may be subject to additional sanctions under Law Number 32 of 2009 on Environmental Protection and Management and Law Number 18 of 2013 on the Prevention and Eradication of Forest Destruction. Although the regulations are clear, challenges in law enforcement remain a major obstacle. Therefore, synergy between the government, law enforcement agencies, and the community is needed to effectively eradicate illegal mining.
Penegakan Hukum Pidana terhadap Penyalahgunaan Ganja oleh Pelaku yang Mengalami Gangguan Jiwa (Studi Putusan No. 1/Pid.Sus/2022/PT SMG) Wijaya, Adhitya Katon; Rochmani, Rochmani
Wajah Hukum Vol 9, No 2 (2025): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v9i2.1972

Abstract

The author’s research for the thesis entitled “Criminal Law Enforcement Against Cannabis Abuse by Offenders with Mental Disorders (Case Study of Decision No. 1/Pid.Sus/2022/PT SMG)” focuses on examining how criminal law is applied to offenders who abuse cannabis while suffering from mental disorders, as well as reviewing the judge’s considerations in delivering criminal verdicts. This research employs a library research method, legal document collection, and descriptive qualitative data analysis. The data sources include official court decisions, statutory regulations, and relevant legal literature, which are used to provide a descriptive account of the application of criminal law to cannabis abuse committed by offenders with mental disorders. The findings reveal that the implementation of Article 44 of the Indonesian Criminal Code (KUHP) in such cases remains inconsistent. Law enforcement tends to prioritize repressive punishment over rehabilitative measures, even when there is strong medical and psychological evidence supporting the offender’s mental disorder. This situation indicates the need for policy and procedural reforms to ensure that the human rights and mental health care needs of the offenders are adequately protected. Furthermore, the study offers deeper insights into the importance of a legal approach that is not solely repressive but also takes into account the psychological condition and human rights of the offenders.
Analisis Peran Polri Saat Negara dalam Keadaan Darurat Militer Kharisma, M. Zendi; Prastopo, Prastopo; Makbul, A.
Wajah Hukum Vol 9, No 2 (2025): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v9i2.1863

Abstract

Polri's main responsibilities are to uphold public security and order, enforce the law, and provide protection and services to the public. During martial law and wartime, Polri functions as a State Defense Resource to carry out state defense operations. This study seeks to explain the function of Polri during Martial Law, drawing lessons from the implementation of Martial Law in Aceh. The Polri has a dual role, particularly a special function in assisting military operations, with deployment through mobilization to augment and improve the strength and capabilities of the TNI. Polri's role is to enforce the law and maintain security in areas under martial law, by ensuring compliance with applicable laws and regulations. This research utilizes a data collection strategy that involves information gathered through interviews and document analysis from various relevant sources. The conclusion that can be drawn is that it is imperative to consider the future role of Polri in the context of martial law and states of emergency, with regard to the regulation of duties, powers, and responsibilities, as well as the strategies employed by Polri. Effective law enforcement can provide a deterrent effect, suppress insurgents, and simultaneously gain legitimacy and public support. This research aims to enable Polri to participate in the implementation of Military Operations in the future.

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