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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525 Documents
<![CDATA[Efektifitas Sanksi Pidana Dalam Pasal 8 Peraturan Walikota Jambi Nomor 21 Tahun 2020 Dalam Pelanggaran Penerapan Protokol Kesehatan Di Kota Jambi ]]>
<![CDATA[Reza Iswanto]]>
<![CDATA[ Wajah Hukum Vol 5, No 1 (2021): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i1.421
<![CDATA[This research describes the effectiveness of criminal sanctions in Article 8 of Jambi Mayor Regulation Number 21 of 2020 in violating the application of health protocols in Jambi City, the factors that affect the effectiveness of criminal sanctions in Article 8 of Jambi Mayor Regulation Number 21 of 2020 in violating the application of health protocols in Jambi City. Jambi City and efforts to streamline criminal sanctions in Article 8 of Jambi Mayor's Regulation Number 21 of 2020 for violating the application of health protocols in Jambi City. The research method used in this research is juridical empirical so that this research is more descriptive in nature, the data sources are primary and secondary sources, the research approach is a case approach, the data collection technique in this research is document study and the data analysis in this research is carried out qualitatively. . The results of the study show that the Jambi City government and the people of Jambi City have not implemented criminal sanctions in Article 8 of Jambi Mayor Regulation Number 21 of 2020, there are Jambi City people who do not use masks when they are outside the home, as for the factors that influence it, namely law enforcement and community factors. so that the efforts made, namely the Jambi City government must instill legal awareness of the people of Jambi City by making effective criminal sanctions fines in Article 8 of Jambi Mayor's Regulation Number 21 of 2020.]]>
<![CDATA[Perlindungan Hukum Bagi Pihak yang Beritikad Baik Dalam Perjanjian Jual Beli (Studi Putusan Nomor 15/pdt.G/2018/PN.Sby) ]]>
<![CDATA[Syifa Miftahuljannah]]>;
<![CDATA[Taun Taun]]>
<![CDATA[ Wajah Hukum Vol 5, No 1 (2021): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i1.377
<![CDATA[Buying and selling is a common activity that is carried out in everyday life. The sale and purchase transaction is deemed to have occurred when the parties have reached an agreement on the goods sold and the price offered which is then standardized into an agreement. However, often the making and implementation of agreements does not heed the terms and legal principles contained in the KUHPer which should be used as guidelines both at the time of making and implementing the agreement. One of these cases is contained in Decision Number 15 / pdt.G / 2018 / PN.Sby. This study aims to determine the criteria in determining whether a party has good intentions in carrying out a sale and purchase agreement and legal protection against parties with good intentions. In writing this study using the normative legal method, namely by examining the contents of the decision which is then analyzed by interpretation of the law. Based on the research results, to see that one of the parties has good intentions is in two ways, the first is subjectively or at the time of negotiation and contract preparation and objectively by seeing how he can obey the contents of the contract agreement as long as the agreement is implemented. Legal protection that can be provided is by resolving disputes by making legal suits either through non-litigation through the Consumer Dispute Resolution Agency with all its powers or by litigation by filing a lawsuit through a public court.]]>
<![CDATA[Over Kapasitas Lembaga Pemasyarakatan Dalam Perespektif Kebijakan Hukum Pidana ]]>
<![CDATA[Usman Usman]]>;
<![CDATA[Bahder Johan Nasution]]>;
<![CDATA[Elizabeth Seregar]]>
<![CDATA[ Wajah Hukum Vol 4, No 2 (2020): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v4i2.256
<![CDATA[Overcapacity of correctional institutions is a serious problem in realizing the objectives of the criminal justice system. This article seeks to identify the causes of overcapacity in prisons and formulate models of criminal law policies that can suppress the overcapacity of correctional institutions in Indonesia. Overcapacity of prisons is caused by: first, the high crime rate and limited prison facilities. Second, over criminalization criminal law policies that are not supported by alternative sanction crimes; easy requirements for detention and length of detention period, and restrictions on the provision of remissions. An integrated approach is needed in reducing overcapacity of prisons through criminal law and social policies, namely the fulfillment of detention facilities in prisons / detention centers and reducing the crime rate. In criminal law policy, decriminalization and depenalization are necessary for certain types of criminal acts to strengthen alternative crimes from imprisonment.]]>
<![CDATA[Pertanggungjawaban Pidana Pelaku Turut Serta Melakukan Pemerasan Dengan Ancaman Berdasarkan Putusan Nomor 672/PID.B/2020/PN.Tjk ]]>
<![CDATA[Zainab Ompu Jainah]]>;
<![CDATA[Anggalana Anggalana]]>;
<![CDATA[Erlina B]]>;
<![CDATA[Desta Fani Acbel]]>;
<![CDATA[Sigit Pamungkas]]>
<![CDATA[ Wajah Hukum Vol 5, No 1 (2021): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i1.357
<![CDATA[Extortion and threats are an act against the law and the perpetrator is obliged to take responsibility for his actions as regulated in the Extortion Law with Threats is a complaint offense so that the authorities can act if there is a complaint and the victim of Tuiuan from this research is to find out the causative factor and how the perpetrator's criminal responsibility. As for the problem in this research are, what are the factors that led to the Criminal Act Committing 672 Pid B2020 PN Tjk? How is the criminal responsibility of the perpetrator involved and exchanging extortion with threats? The research method used in writing the Jumal of this research is a nomative juridical approach and an empirical approach. Based on the results of the research, the factors that cause perpetrators to commit extortion crimes with threats include economic factors, environmental factors and the third factor. Where the role of the perpetrator is concerned, how the perpetrator does it, the weight of the mitigation side, the facts of the trial. so the perpetrator is responsible for his actions with a criminal sanction of imprisonment.]]>
<![CDATA[Netralitas Politik Aparatur Sipil Negara dalam Perspektif Perlindungan Hak Asasi Manusia ]]>
<![CDATA[Muhammad Riora]]>;
<![CDATA[Ulya Kencana]]>;
<![CDATA[Kun Budianto]]>
<![CDATA[ Wajah Hukum Vol 4, No 2 (2020): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v4i2.189
<![CDATA[In the legal and governmental aspects, bureaucratic reform is very urgent to be realized, including the policy of ASN political neutrality. Therefore, this study aims to analyze the political neutrality policy of ASN according to Law Number 5 of 2014 concerning State Civil Servants in the Perspective of Human Rights Protection. The scope of this research is carried out by drawing legal principles against written positive law. Legal principles are used in interpreting Law Number 5 of 2014 concerning ASN by relating it to the perspective of protecting human rights. The method used is normative juridical legal research using secondary data. The research results reveal that every civil servant organization does not take sides with any form of influence and interests of anyone. In this case, there are restrictions on the political rights of ASN according to Law Number 5 of 2014 concerning State Civil Servants not violating human rights as stipulated in the 1945 Constitution of the Republic of Indonesia. According to the principles of Islamic law, ASN must be neutral and obedient to leaders. Elected without antagonizing him. Thus, it is concluded that the ASN political neutrality policy has met 4 indicators of a rule of law, namely protection of human rights, distribution of power, governance based on laws and regulations, and state administrative court.]]>
<![CDATA[Efektivitas Pelayanan Publik Program Mobile Customer Service on Call (MCS-OC) pada Badan Penyelenggaraan Jaminan Sosial Kesehatan Kota Jambi ]]>
<![CDATA[Nuraini Nuraini]]>;
<![CDATA[Mhd Ansori]]>;
<![CDATA[Gebi Chica Lorenza]]>
<![CDATA[ Wajah Hukum Vol 5, No 1 (2021): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i1.455
<![CDATA[This study aims to identify and analyze the influencing factors, constraints and solutions, as well as the effectiveness of public services for the Mobile Customer Service On Call (MCS-OC) program at the Jambi City organizer of the health social security (BPJS). The research method used is juridical empirical research, research which is carried out on existing legal facts by making direct observations in the field in order to determine the implementation and any matters that arise and are adjusted to the laws and regulations. Based on the results of the research, it is known that the effectiveness of public services for the Mobile Customer Service On Call (MCS-OC) program at the Jambi City organizer of the health social security (BPJS) is quite effective because it has achieved all the factors that measure the effectiveness of services and the information obtained.]]>
<![CDATA[Kekerasan Terhadap Anak dalam Perspektif Kriminologi Di Kecamatan Tobelo Kabupaten Halmahera Utara ]]>
<![CDATA[Ernest Sengi]]>;
<![CDATA[Alfonsisus Budiman]]>
<![CDATA[ Wajah Hukum Vol 4, No 2 (2020): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v4i2.227
<![CDATA[Children are the nation’s next generation who need to be protected from various forms of violence. The enactment of the law on the elimination of violence in household and the child protection law does not always directly proportional to the loss of violent behavior towards children. In this paper, the legal issue that will be examined is how the perspective of criminology in overcoming violence against children in Tobelo Subdistrict North Halmahera Regency. Then, to answer the legal issues used nondoctrinal legal research methods with a socio legal research approach that is supported by the statute approach. This approach is considered appropriate because the data on cases of violence against children in Tobelo sub-district will be described and then analyzed from this data to obtain a legal prescription on how the criminology views various forms of violence against children. The results showed that in 2015 to 2018 in Tobelo Subdistrict, North Halmahera Regency, there were 57 cases of violence against children. Besides, violence against children is a form of criminal activity in which the offender can be held liable either through general or special crimes.]]>
<![CDATA[Eksistensi Kearifan Lokal dalam Pengaturan Pemilihan Kepala Desa Ditinjau dari Undrip (Studi Kasus Pemilihan Kepala Desa pada Masyarakat Adat Kedepatian Semerap Kabupaten Kerinci) ]]>
<![CDATA[Dony Yusra Pebrianto]]>;
<![CDATA[Budi Ardianto]]>;
<![CDATA[Taufan Dyusanda Putra]]>
<![CDATA[ Wajah Hukum Vol 5, No 1 (2021): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i1.280
<![CDATA[Internationally The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) emphasizes respect for the local wisdom of indigenous legal communities. The selection of village heads is one of the regulatory concepts stipulated in Law No. 6 of 2014 on Villages. The selection of village heads in the concept of this law is conducted simultaneously stipulated by local regulations and the procedures are specifically regulated through government regulations as stipulated in Article 31 of Law No. 6 of 2014 on Villages. But it turns out that in practice, especially in indigenous peoples, the deability of the village head election often clashes with the arrangement of the village head election. So in this case the formulation of the problem in this writing is how the arrangement of the rights of indigenous peoples in The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the value and concept of local wisdom that applies in the selection of village heads in 5 (Five) Villages Semerap Kedepatian. The method used in this writing uses empirical juridical methods. And in this case it is concluded that UNDRIP regulates matters relating to individual rights as well as very specific collective rights sourced from indigenous peoples. In this case the State is obliged to protect or fulfill the rights of indigenous peoples including cultural heritage and their cultural manifestations including human resources and genetics. And in the indigenous people of kedepatian semerap Kerinci regency there is a customary provision where the prospective head of the village must get customary recommendations and be appointed from Depati and Nenek Mamak. The provision is considered contrary to the local Paraturan in relation to the election of the village head. So given the provisions of UNDRIP and the 1945 Constitution, the State is obliged to protect and maintain these customs given the positive impact that arises from it. So in this case the customary provisions should be regulated in the Regulation including also about the recognition of indigenous peoples. In addition, the community needs to open a paradigm on human rights in the selection of village heads in addition to the paradigm of the enforcement of customary law there needs to be flexibility from the State as long as it is not contrary to national law.]]>
<![CDATA[Kinerja DPRD Kota Yogyakarta: Studi Pembentukan Peraturan Daerah Prakarsa DPRD 2019-2020 ]]>
<![CDATA[Muhammad Rizky Saputra]]>;
<![CDATA[Anom Wahyu Asmorojati]]>
<![CDATA[ Wajah Hukum Vol 5, No 1 (2021): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i1.334
<![CDATA[Implementation the formulation of Regional Regulation by the Yogyakarta Legislative Council was not optimum, especially regarding the performance in proposing the draft bylaws. It was evidenced by the number of drafts from 2019-2020 from the Initiatives of Yogyakarta Legislative Council, which were only 4 draft bylaws, a quite low number compared to the executive which proposed 15 draft bylaws. Furthermore, the factors affecting the performances of the members of the Yogyakarta Legislative council in carrying out its function to formulate the regional regulations were the lack of experiment in organizations, different and limited backgrounds of education, and the lack of people’s enthusiasm to participate in the formulation of Regional Regulations. This study aims to analyze the implementation of the legislative functions of The Yogyakarta Legislative Council in the formulation of Regional Regulation Initiatives based on the Regulation of the Yogyakarta Legislative Council Number 1 Year 2018 on Code of Conduct and to find out the factors affecting the performance of the members of the Yogyakarta Legislative Council in implementing their functions in the formulations of regional regulations. This study employed an the normative legal and empirical legal method]]>
<![CDATA[Kebijakan Pemerintah Daerah dalam Penanganan dan Perlindungan Anak yang Berhadapan dengan Hukum di Halmahera Utara ]]>
<![CDATA[Sukitman Asgar]]>;
<![CDATA[Sahrestia Kartianti]]>
<![CDATA[ Wajah Hukum Vol 5, No 1 (2021): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i1.285
<![CDATA[The phenomenon of child violence in North Halmahera Regency continues to increase every year and even the comparison is very significant. So the need for the seriousness of the local government to prevent an increase in cases experienced by children as early as possible through a series of efforts and actions both in the form of socialization and other strategic steps, non-optimal service to children who are in conflict with the law can also affect the development of children especially on the aspects of psychological recovery and children's health. To obtain perfect research results, accurate and supportive data and information are needed. Thus, this research is conducted through a Qualitative Approach which is analyzed juridically and sociologically based on statutory provisions and directly involved in observing the effectiveness of law implementation carried out by local government agencies. After being analyzed through the available approach and data, there are several things that have not been carried out properly. This means that all efforts and policies made by local governments in the field of child protection, especially those dealing with the law, have not met the expectations mandated by the laws and regulations. Where there are several cases of child abuse, they have to break up in the middle of the road due to various considerations, as well as the need for a legal product similar to regional regulations to accommodate and fulfill all the interests and rights of children.]]>
