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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 525 Documents
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Kedudukan Hukum Anak Perusahaan Badan Usaha Milik Daerah Sigit Somadiyono
Wajah Hukum Vol 5, No 1 (2021): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v5i1.428

Abstract

Subsidiary is a company that was born due to the transfer or participation of majority shares by another company or it is called the parent company. There are no regulations related to subsidiaries in the laws and regulations related to companies or regarding Regional Owned Enterprises. This has resulted in confusion regarding the position of the regional-owned company subsidiaries, especially the unclear position of state finances in the subsidiary companies. The problem in this research is what is the legal status of ownership of a regional-owned company subsidiary? And what is the responsibility of the holding company of a Regionally Owned Company to its subsidiaries? The purpose of this study was to determine the legal status of the subsidiary and the responsibilities of the Regional Owned Company as the holding company. The research method used is normative juridical analysis of the laws and regulations and the theory of the jurists. From the results of the research, it is found that even though the status is a subsidiary of a Regional Owned Enterprise, the subsidiary is not owned by the Regional Government but has a private or private status, so that there is no special binding legal relationship between the Regional Government as a shareholder of a Regional Owned Enterprise and its owned subsidiary Regional owned enterprises. The responsibility of a Regional Owned Company as the holding company with its subsidiary is limited to the relationship between the shareholders and the company as stipulated in Law Number 40 of 2007 concerning Limited Liability Companies.
Tinjauan Yuridis Error in Persona dalam Penggadaian Sertifikat Hak Milik Yang Dijaminkan Kepada Koperasi Simpan Pinjam Bina Bersama (Studi Putusan Nomor 8/Pdt.G/2019/PN.Kbu) Dicky Janu Prasetyo; Tami Rusli; Anggalana Anggalana
Wajah Hukum Vol 5, No 1 (2021): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v5i1.388

Abstract

Error in Persona is an error in attracting a party who is considered to have the capacity or legal position to proceed according to the lawsuit filed. The mistake in drawing the party either as a plaintiff or as a defendant will result in the lawsuit containing formal defects. Error in Persona was filed by the defendant on the plaintiff's lawsuit because the lawsuit was directed at the wrong person / party. In a civil suit in the form of contetiosa, contentiosa is a civil suit containing a lawsuit for a dispute between the litigating parties, whose settlement examination is given and submitted to the court where the party filing the lawsuit is called the plaintiff and the party drawn in the lawsuit is called the defendant, the lawsuit is based on the arguments / legal reasons filed. Thus the party filing a lawsuit must be clear and careful in attracting the parties and it must be seen whether the person who is suing and being sued has the capacity and the right legal position.
Peran Dinas Lingkungan Hidup Kota Jambi dalam Penerapan Sanksi Administrasi Denda Berdasarkan Peraturan Daerah Nomor 8 Tahun 2013 Tentang Pengelolaan Sampah Herma Yanti; Dedy Syaputra; Melly Susyandari
Wajah Hukum Vol 4, No 2 (2020): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v4i2.251

Abstract

Based on the Jambi City Regional Regulation Number 8 of 2013 concerning Waste Management, violations of the prohibition on waste disposal are subject to administrative sanctions as the main penalty. The amount of the fine is set at a high amount and is applied by the Jambi City Environment Agency (DLH). However, there are still many violations of the prohibition. This study aims to discuss how to regulate the amount of the fine and how the role of DLH Jambi City in implementing fines for violations that occur. The approach used is the sociological legal approach, and research data consists of primary data and secondary data. The role of DLH is measured by the ability of DLH to apply the amount of fines that have been determined, from the amount and time span of the application of fines and from the types of violations for which fines have been applied. From the research results, it is known that from the ability to apply the amount of fines, the role of DLH is not optimal because the amount of fines applied to violators is not all according to the stipulated provisions. The amount and time span of the application of fines are also not optimal because they are not yet comparable to the intensity of violations that can be seen every day, while the application of fines that are carried out does not always exist every month. From the types of violations that have been subject to fines are also not optimal because not all types of violations that have occurred can be seen the application of the fine sanctions.
Penerapan Asas Mempersulit Proses Perceraian Pada Persidangan di Pengadilan Agama Bengkulu Slamet Muljono; Edytiawarman Edytiawarman; Dimas Dwi Arso; Nurhani Fithriah
Wajah Hukum Vol 5, No 1 (2021): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v5i1.365

Abstract

Marriage is a physical and mental bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the One Godhead. But in reality, there are still many households that end up in divorce. To prevent divorce in the household, positive marriage law in Indonesia adheres to the principle of complicating divorce, the application of which is manifested in the necessity for reasons as regulated in law and divorce can only be made with a decision to file will be implemented at the time of the divorce process in court Religion. This research aims to understand the application of the principle of complicating divorce in the Bengkulu Class 1A Religious Court, with the following problems: What are the factors causing the divorce in the Bengkulu Class 1A Religious Court and, how does the implementation of the principle complicate the divorce process in the divorce trial at the Bengkulu Religious Court. For the purposes of this study, empirical research methods are used, which directly search for data in the field. In analyzing the field data, sociological analysis and normative analysis were used to obtain comprehensive analysis results. Based on the results of field research, it was concluded that divorce in Bengkulu was generally based on economic reasons, and consecutively due to domestic violence, and reasons for having an affair. Of the reasons put forward by the parties who filed for or sue for divorce, most of them are due to economic reasons.
Pertanggungjawaban Rumah Sakit terhadap Dokter yang Melakukan Malpraktik Reza Havrian
Wajah Hukum Vol 4, No 2 (2020): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v4i2.255

Abstract

Hospital is a health care institution that organizes individual health services in a plenary that provides inpatient, outpatient, and emergency services. In Indonesia, the practice of hospitals is governed by the law No. 44 year 2009 about hospitals. The law, in addition to being a basic guideline for legal and administrative, is also made to provide legal certainty in the maintenance of health services, as well as provide protection for the Community and protection of resources People in hospitals. Currently, hospitals can be held accountable because the condition of the hospital is no longer an institution that only focuses on the principle to help people only. The hospital slowly changed its function into a profit-oriented corporation. This is because the growing of science and technology are valued so much that doctors and hospitals also need additional costs for survival. The provisions of the hospital are responsible for the loss of a person as a result of the action of health workers, this is a request for the hospital to be responsible for te actions taken by the officers of his subordinates either as the status Fixed or not fixed. Doctors as a party to the agreement by the hospital do have the achievement to seek the healing of the patient through the search for the most appropriate therapy and not on promising healing from the patient. Therefore, doctors have a responsibility for the actions that do not only take the best effort according to the knowledge and experience he possesses. The hospital's accountability to doctors who do malpractice is not absolute and has many gaps. Unlike the damages to civil law, criminal liability can still be made by using the doctrine of corporate accountability.
Tanggung Jawab Hukum Perjanjian Asuransi Jiwa Unit Link di PT. Prudential Life Assurance Jakarta Christine Magdalena Kurniasih Sena; Suherman Suherman
Wajah Hukum Vol 5, No 1 (2021): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v5i1.342

Abstract

This study aims to determine and understand how the legal liability of the Prudential Life Assurance Company in carrying out and marketing unit-linked life insurance products, namely insurance products that are linked to investment according to the prevailing laws and regulations. In addition, this study also aims to determine how the responsibility of agent who act for and on behalf of the company in entering into unit-linked insurance product agreements and what risks must be borne by the insurer and the insured against the unit-linked life insurance agreement. This research uses normative legal research with a statutory approach and a conceptual approach. The result of this research is that the unit linked insurance agreement is included in the agreement in general which contains the principle of consensualism, namely the existence of a voluntary agreement in this case to enter into an insurance contract agreement between the insurer and the insured. Prudential Indonesia in marketing unit-linked life insurance products has also complied with the provisions in the Financial Services Authority Circular Letter Number /SEOJK.05/2019 concerning Insurance Products Related to Investment.
Penerapan Mashlahah Mursalah Sebagai Pertimbangan Hakim Dalam Memutus Perkara di Pengadilan Agama M Hasbi Umar; Muhammad Muhammad; Warfian Saputra
Wajah Hukum Vol 4, No 2 (2020): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v4i2.228

Abstract

The use of mashlahah mursalah as a basis for legal determination among ulama is still disputed until it is divided into two groups, namely the group that uses mashlahah mursalah and the group that does not use mashlahah mursalah, but the difference of opinion has no effect on religious judges in Indonesia, because there are several decisions of religious judges. Applying mashlahah mursalah as a basis for consideration in his decision. This is as stated in the decision of the Jambi Religious Court judge in the Divorce Case Number 634 / Pdt.G / 2019 / PA.Jmb, Marriage Dispensation Number 40 / Pdt.P / 2020 / PA.Jmb, and Isbat Nikah Number 14 / Pdt. P / 2017 / PA.Jmb. This is based on several legal considerations, namely first, using mashlahah mursalah as argument and legal reasoning based on evidence and facts in court. Second, avoiding the harm that seekers of justice are facing with the aim of achieving the essence of sharia, namely protecting religion, soul, mind, descent and property. 
Perjalanan Omnibus Law dalam Sistem Hukum di Indonesia (Studi Tentang Penolaka Masyarakat Probolinggo Dalam Perspektif Sosiologi Hukum) Delia Intan Hidayah; Agus Machfud Fauzi
Wajah Hukum Vol 5, No 1 (2021): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v5i1.290

Abstract

The Omnibus Law Work Creation Bill was passed by the Indonesian Parliament as a new regulation that has the power to overshadow other statutory regulations. Through this law, the government is considered to be siding with entrepreneurs or investors a lot. It is indicated that the articles in this law make people, especially workers, oppressed. Rejection actions appeared in almost all regions in Indonesia, including in Probolinggo Regency. The demonstration took place on October 8, 2020 at the Probolinggo Regency DPRD building. The mass of the action was dominated by students from the Youth Social Organization (OKP), namely HMI, PMII, GMNI, and IMM. This study is to determine the conflicts that occur in demonstrations against the Job Creation Bill and the responses of employers in responding to government policies. This study uses qualitative methods with data collection techniques for literature studies through secondary data from various sources such as articles and journals. The results of this study are, first, the students who demonstrated their 4 demands on government policies because they are detrimental to society. Second, the actions that took place chaotic, led to conflicts in society resulting in social change with deviant behavior. Third, the response of entrepreneurs to government policies, namely the government urged to focus on alleviating poverty and unemployment.
Pengawasan Pengelolaan Lingkungan Dibidang Pertambangan Berdasarkan Undang-Undang No. 4 Tahun 2009 Tentang Pertambangan Mineral dan Batu Bara Eren Arif Budiman; Ahmad Arif Zulfikar
Wajah Hukum Vol 4, No 2 (2020): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v4i2.240

Abstract

One of the environmental issues that affect the management of natural resources is mining activities. Based on Law No. 4 of 2009 concerning Mineral and Coal Mining began to open new horizons regarding the juridical aspects of mining management from its environmental aspects as well as being discussed about the independence of Indonesian mining. The role of the government in the formulation of environmental management supervisory policies must be optimized because natural resources have a very important role, especially in the context of increasing state revenue through clear and fair mechanisms of taxes, levies and profit sharing, and protection from ecological disasters. In line with regional autonomy, the gradual delegation of authority from the central government to regional governments in natural resource management is intended to increase the role of local communities and maintain environmental functions. The method in this research is normative legal research. The source of law used in this research is secondary legal material obtained by conducting literature review. Data analysis in this research is by qualitative analysis. Based on the contents of the discussion related to the supervision of environmental management in the mining sector based on Law no. 4 of 2009 concerning Mineral and Coal Mining covering environmental management, reclamation and post-mining including environmental management and monitoring in accordance with environmental management documents or environmental permits that are owned and have been approved; arrangement, restoration and improvement of land in accordance with its allocation; stipulation and disbursement of reclamation guarantee; post mining management; stipulation and disbursement of post-mining guarantees; and compliance with environmental quality standards in accordance with statutory provisions.
Akibat Hukum Pengusaha Melakukan Perbuatan Curang pada Masa Pandemi Dikaitkan dengan Perundang-Undangan Yang Berlaku Abraham Radja; Imam Haryanto
Wajah Hukum Vol 5, No 1 (2021): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v5i1.336

Abstract

This writing is written to find out the fraudulent acts committed by business actors during the pandemic and how the legal consequences arise from these fraudulent acts. This research is a juridical normative type with a statutory approach using secondary data collected through literature study. From this writing, it can be concluded that dominant position, Price fixing, and hoarding are a form of fraudulent and interrelated acts committed by business actors in the current pandemic era. Administrative sanctions, fines, imprisonment or additional penalties are given to comply with the applicable provisions for parties who commit several forms of fraud during the pandemic period.

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