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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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Pelaksanaan Program Badan Usaha Milik Desa (BUMDes) Di Kecamatan Jambi Luar Kota Kabupaten Muaro Jambi M Muslih; Masriyani Masriyani; Ryanda Putra Pratama
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.v4i2.269

Abstract

To carry out national development in the smallest area unit called the Village, an effort is needed to achieve the welfare of the Village community by exploring the existing Village Original Opinion sources (PADes). One form of the source of PADes is derived from the profits generated by the Village-Owned Enterprises. Villages can establish village-owned enterprises called BUMDes. It aims to make the village community able to develop assets owned by the village to become one of the sources of the PADes. The implementation of BUMDes activities in the Jambi Luar Kota sub-district became a research in writing this thesis with a focus on the problem of the implementation of BUMDes activities in several villages in the Jambi Luar Kota sub-district namely Sungai Duren Village, Mendalo Laut Village and Senaung Village based on Village Minister Regulation Number 4 of 2015 and factors inhibitors in BUMDes activities in Jambi Luar Kota sub-district. The research method used is empirical juridical, data analysis derived from interviews with respondents / resource persons related to BUMDes activities in Jambi Luar Kota District. So the results of this study will focus on the implementation of BUMDes activities in the Jambi Luar Kota sub-district. 
Proses Penyelesaian Sengketa Gugatan Lelang Kepemilikan Sertifikat Hak Milik Nasabah terhadap PT. Bank Panin Indonesia (Studi Putusan No: 209/Pdt.G/2019/PN Tjk) Erlina Erlina; Risti Dwi Ramasari; Rizky Ananda
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.v5i1.415

Abstract

Bank is a financial institution that plays an important role in a country's economy. Credit is a loan that is submitted to buy something and the borrower makes payments by installments in accordance with applicable regulations. One of the things that is required by banks as creditors in providing credit is protection in the form of guarantees that must be provided by the debtor to ensure repayment of their debts for security and legal certainty. Basically the creditor holding the material guarantee has the right to execute collateral for sale by auction for debtor debt payment if the debtor fails to carry out his obligations based on a credit agreement or commonly referred to as default One of the dispute over a certificate ownership auction between the debtor or customer and the creditor or banking institution to be precise between the customer and PT Bank Panin Indonesia with decision number 209 / Pdt.G / 2019 / PN Tjk. The problem in this research is whether the factors that cause it to occur and how is the process of dispute resolution on the auction claim ownership certificate of customer ownership against PT Bank Panin Indonesia. This study uses a juridical normative and empirical juridical research approach. In this study using secondary data sources and primary data. Data collection techniques used through literature study, observation and interviews. Qualitative juridical data analysis. That the factors causing the dispute over the Auction of Customer's Ownership Certificate Ownership against PT Bank Panin Indonesia studied on Decision Number 209 / Pdt.G / 2019 / PN Tjk in which the Plaintiff was a Debtor to the Defendant As a result of the Plaintiff being unable to pay the Credit that was given by PT Bank Panin Indonesia as the Creditor, an auction was conducted with a limit value of Rp. 1,470,000,000 (one billion four hundred seventy million rupiah). As a result of this, the Plaintiff stated that the Defendant had committed illegal acts which caused the loss of the Plaintiff. The Dispute Resolution process carried out through Non-Litigation does not produce results, then it is carried out through Litigation. The Lawsuit against the Law filed by the Plaintiff against PT Bank Panin Indonesia was declared unacceptable. It is recommended that the public, in particular, be able to better understand and take into account and consider applying for credit to banking institutions because they have the risk of losing assets that are guaranteed to banking institutions. For banking institutions to be able to provide a very clear explanation when a credit agreement is made to avoid a lawsuit due to a misunderstanding between the banking institution as the creditor against the debtor at a later date.
Pembatalan pada Peralihan Hak Milik Atas Dasar Hibah Luna Alifia Khansa; Surahmad Surahmad
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.v5i1.374

Abstract

The grant would be an outright gift from the giver to the gritty and while the giver was still alive. The grant can be poured in 2 deeds which are authentic deeds and under hands which have a different legal certainty. The legality of handheld grants and the reason for the cancellation of many are not specified in the regulations. Although the cancellation of the grant has been emphasized for not being able to return with an exception in article 1688 code civil, there still remains in practice a case requesting the cancellation of the grant for various things. The purpose of this research is to provide information regarding the legality of the grants under the hands and anything that might invalidate the grant. The study method used in this study was normative-juridical with a constitutional approach. The results of this study are under his hands still valid, but at the time of registration according to page no.24 of 1997 still have to use a deed made by ppat. Then the reason for the cancellation of the grant itself is not only admissible in article 1688 code civil, but there is another reason for the cancellation of grants such as administrative law cacies, grants exceeding the limit of legitme portie, and so on.
Jasa Hapus Akun dan Permasalahannya Ditinjau Dari Kekuatan Mengikat Perjanjian Antara Konsumen dengan Pelaku Bisnis Jasa Hapus Akun Supeno Supeno; Fachruddin Razi; Putri Anelia Anmas
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.v4i2.226

Abstract

Cybercrime is an unlawful act that utilizes computer technology based on the sophistication of the development of internet technology. With the development of the times, technology continues to innovate to meet all the needs desired by the community. The sophistication of this technology is often abused on irresponsible people for their own gain, the account delete service is present to prevent the cybercrime from occurring but there are still many problems judging by the binding power of the account delete service agreement. The purpose of this research is to expose the problem of the binding power of account delete services. from the results of the study shows that there are still many problems that occur in the services of deleting accounts especially the lack of binding power of agreements made by the parties in the transaction delete the account.
Wanprestasi dalam Pelaksanaan Perjanjian Pinjam Meminjam Pada Lembaga Keuangan Mikro Syariah Karawang Aam Hernita Sriwulan; Puti Priyana
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.v5i1.354

Abstract

The implementation of lending and borrowing money at the Karawang Islamic Microfinance Institution (LKMS) is based on an agreement between the two parties with the aim of providing capital for business development. However, in the implementation of these loans, problems are still encountered in the form of broken promises or defaults made by the debtor customer. The purpose of this research is to find out how the implementation of the loan and loan agreement at the Islamic Microfinance Institution (LKMS) X in Karawang, what are the forms and factors that cause defaults to occur at the X Sharia Microfinance Institution (LKMS) in Karawang, and how the efforts to resolve default carried out by the X Financial Institution (LKMS) in Karawang. This study uses a normative juridical method. Based on the results of research on the implementation of the lending and borrowing agreement at the Sharia Microfinance Institution (LKMS) X in Karawang, it is bound by a written agreement, the form of default that occurs is in the form of not performing achievements, performing achievements but partly, implementing achievements but too late. Factors occur in default, uncertainty in decision making, lack of coordination, misuse of loan funds, and business not running smoothly. Efforts to solve it include intensive collection, issuance of warning letters, customer summons, extension of loan terms and collateral seizure.
Analisis terhadap Penghentian Penyidikan pada Laporan Polisi Nomor: B.210/VIII/2018/JAMBI/SPKT”C” Tentang Tindak Pidana Pemerkosaan Anak M Rudi Hartono; Lilis winantri
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.v4i2.238

Abstract

Law enforcement efforts by Law Enforcement Officers include a series of actions taken by police officers, Prosecutors, Judges, and Correctional Institutions. However, the spearhead in the handling of criminal cases that occur in the community is basically handled and carried out directly by police officers. In carrying out its duties, the Police have a basic duty as mandated in Article 13 of Law No. 2 of 2002 on the Police of the Republic of Indonesia, namely the Police have the task of maintaining security and public order, enforcing the law, and providing protection, protection, and service to the community. The task of law enforcement relates to the Criminal Justice System where the Police Department is one of its parts in addition to judges and prosecutors, which in the criminal justice system have the authority to make coercive efforts, which include the activities of arrest, detention, search and seizure. In carrying out the task of investigating the perpetrators of crimes or criminal cases, from the beginning of the investigation the case always coordinates with the Public Prosecutor, to avoid going back and forth on a recurring basis. In the police report Number: B.210/VIII/2018/Jambi/SPKT"C", there is a process of termination of investigation where the case of rape of a child is not continued to the stage of further law enforcement, namely the impeachment of the Prosecutor for prosecution, but in this case it is discontinued only to the level of investigation.
Penggalian Tambang Ilegal yang Terjadi di Kecamatan Sukatani Kabupaten Purwakarta Dihubungkan dengan Peraturan Daerah Kabupaten Purwakarta Nomor 6.A Tahun 2009 Tentang Pengelolaan Pertambangan Umum Sri Wahyuni; H. Uu Idjudin Solihin
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.v5i1.411

Abstract

In mining exploitation in Indonesia, every business actor is required to have a Mining Business License prior to carrying out such mining activities and / or businesses. This permit can be obtained from the government, because a permit is a one-sided government act based on statutory regulations to be applied to concrete events according to certain procedures and conditions. However, in fact there are many mining business actors who carry out mining activities without obtaining a permit, so the author is interested in knowing the factors that cause illegal mining to occur. And the research method used in this writing is using the juridical-normative method, where the data collection techniques are researched through literature studies, law books, and other literature. In addition, the authors also use primary data, namely by conducting interviews with parties who are aware of the illegal mining case. The factor that led to illegal mining excavation in Sukatani Subdistrict, Purwakarta Regency, was the demand for a national project for the Jakarta - Cikampek Toll Road, so this project was used as a justification for mining entrepreneurs to carry out mining activities without having an official permit from the government.
Perlindungan Hukum terhadap Korban Tindak Pidana Perdagangan Orang Dalam Perspektif Sistem Peradilan Pidana Indonesia dan Malaysia Eko Budi S; Wancik Wancik
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.v4i2.246

Abstract

Legal protection for victims in the criminal law system and the judicial system in Indonesia and Malaysia has been implemented but has not yet accommodated the rights of victims as a whole and its implementation has not been in accordance with the principles of universal legal protection. The research method used is normative legal research, consisting of the type of research on legal comparisons and vertical and horizontal synchronization. The approach used is the legal, case, comparative and conceptual approach. The purpose of this study is to analyze legal protection for victims of trafficking in the criminal law system in Indonesia and Malaysia and to find the ideal concept of legal protection for victims of trafficking in persons from the perspective of the Indonesian criminal justice system. The results of this research are 1) The need for the executive and legislative to revise the law on witness and victim protection and the eradication of the crime of trafficking in persons, namely by including the rights of victims that have not been accommodated, 2) so that the components of the criminal justice system (National Police Indonesia, Prosecutors and Judges) have the same vision and prioritize professionalism and harmony between components in providing protection for victims based on the principles of victim protection and 3) The need for legal reform by harmonizing existing regulations with other regulations into the Concept of Integrative Legal Protection. Namely the concept of legal protection for victims of trafficking in persons by strengthening the interaction between the legal system, including norms, value systems and behavior systems into an integrated legal protection system for victims of trafficking in persons in the criminal justice system as a whole and comprehensive (integral comprehensive).
Efektivitas Kewenangan Pemerintah Kota Tanjungpinang Di Bidang Kelautan Dan Perikanan Pasca Lahirnya Undang-Undang Pemerintahan Daerah Ampuan Situmeang; Rufinus H Hutauruk; Winsherly Tan; Dian Fransisca
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.v5i1.253

Abstract

The purpose of this study is first, analyzing the authority of the Tanjungpinang City Food and Fisheries Department in conducting fishery development and coastal marine supervision after the enacting of Law No. 23 of 2014 on Local Government. Second, identify about the obstacles faced by the Food and Fisheries Department of Tanjungpinang City in conducting fishery development and coastal marine supervision after the enacting of Law No. 23 of 2014. Third, find the right solution for Tanjungpinang City Food and Fisheries Department. This study uses empirical juridical methods with a qualitative approach and the data used is secondary data From the results of the research conducted, it was obtained that in order to ensure the optimal protection of fishermen, the central government should still provide a small portion for the regency / city government to conduct surveillance in the marine sector, because most of the fishing community still considers that the Department of Agriculture, Food and Fisheries Tanjungpinang City has the authority to solve problems that are generally faced by fishermen when they go fishing.
Analisis Penyelenggaraan Pemilihan Kepala Daerah Dimasa Pandemi Covid-19 Berdasarkan Undang-Undang Nomor 6 Tahun 2020 Tentang Penetapan Peraturan Pemerintah Pengganti Undang-Undang Nomor 2 Tahun 2020 Tentang Perubahan Ketiga Atas Undang-Undang Nomor 1 Tahun 2015 Tentang Pemilihan Gubernur, Bupati, dan Walikota (Studi di KPU Kota Bandar Lampung) Lintje Anna Marpaung; Baharudin Baharudin; Anggalana Anggalana; Muhammad Affandi
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.v5i1.304

Abstract

The Regional Head election event which is expected to be held in September has to be postponed until December of course the postponement of the schedule is not without reason, the widespread spread of the Covid-19 pandemic virus outbreak is a separate obstacle for the General Election Commission to be able to hold Regional Head Elections because Public safety is the main thing that must be considered by the General Election Commission because this virus can attack anyone and the worst impact is the death of a person, therefore the General Election Commission made a new method related to regional head elections, namely by implementing health protocols in place. voting which will be applied to all officers to people who already have voting rights under the law this mechanism will be applied to voters from normal body temperature, body temperature 37.3 degrees Celsius to voters exposed to Covid-19 In addition to a more complicated mechanism, the impact resulting from Covid-19 is a more complicated election than before and the cost of organizing it is more expensive because it has to use a health protocol tool that must be given to all officers and the public.

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