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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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Penerapan Restorative Justice pada Peradilan Pidana Anak Terkait Pembaharuan Hukum Pidana di Indonesia Ryan Aditama; Novia Yolanda
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.v4i2.213

Abstract

The foundation behind the concept of restorative justice is part of an approach that focuses on situations where in order to create justice and even balance the perpetrators who commit criminal acts, and also for the rights of victims. Procedures and procedures as well as criminal proceedings that lead to the principle of criminalization are changed to a process of family conversation and mediation in order to create an agreement and to resolve the criminal case which leads to crime and will be equal for the victim and the perpetrator of the crime The concept of restorative justice in itself has a meaning where justice will be repaired, and restoration here has a broader meaning to what is known in conventional criminal justice processes or in general that has been applicable so far with the existence of restitution or commonly referred to as compensation for victims. This restorative justiche concept, if included in a system in juvenile criminal justice, is considered well for its application, because restorative justiche is useful in order to prevent children from facing the criminal system and will be replaced in the guidance pattern for the child.
Implementasi Pertanggungjawaban Pelaku Tindak Pidana Mengangkut, Menguasai, Atau Memiliki Hasil Hutan Kayu Yang Tidak Dilengkapi Secara Bersama Surat Keterangansahnya Hasil Hutan (Studi Putusan Nomor: 259/Pid.Sus/LH/2019/PN Kot) Candra Agung Laksana; Bambang Hartono; Zainudin Hasan
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.v5i1.369

Abstract

Criminal demonstrations that happen in the public arena are criminal demonstrations against property (material wrongdoings), like robbery, blackmail, theft, extortion, defacement and confinement. The new criminal demonstration is the criminal demonstration of moving, controlling, or having wood woodland items that are not joined by an authentication of lawfulness of timberland items. The examination technique utilized standardizing and exact juridical methodologies. The kind of information utilized is auxiliary information and essential information. Gathering information through library exploration and field research. The information examination utilized was subjective juridical. The elements making the culprit perpetrate the criminal demonstration of shipping, controlling, or having lumber woods items that are not joined by an endorsement of lawful woodland items dependent on Decision Number: 259/Pid.Sus/LH/2019/PN Kot are financial and instructive components, the trouble in getting a grant and absence of oversight. The execution of responsibility for the culprit of a criminal demonstration of shipping, controlling, or possessing wood woodland items which isn't joined by an endorsement of lawful backwoods items dependent on Decision Number: 259/Pid.Sus/LH/2019/PN Kot is deserving of detainment for 1 (one) 1 (one) month and a fine of Rp. 500,000,000.00 (500,000,000 rupiah) gave that assuming the fine isn't paid, it is supplanted by detainment of 1 (one) month.
Analisis terhadap Peranan Polri Sebagai Penyidik Dalam Tindak Pidana Penebangan Hutan Tanpa Izin (Penelitian Berkas Perkara Nomor BP/83/XI/2010/RESKRIM pada Polres Tulang Bawang) Satrio Nur Hadi; Tahura Malagano
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.v4i2.221

Abstract

Forest development is a national development target that is expected to provide maximum benefits for the people's welfare, in fact this is now very difficult to happen, because there are many cases of logging without permission from the authorized official. This is the case in the Sungai Buaya Register 45 Forest Area, Mesuji Regency, Lampung. In the case file Number BP / 83 / XI / 2010 RESKRIM to the Tulang Bawang Pokes that the suspect named Komang Salie alias Komang Bon alias Wayan Putra bin Wayan Mije, is suspected of having committed a criminal act of logging without the permission of the authorized official, in a case which is suspected by everyone. prohibited from occupying and or working and or using, encroaching, cutting trees and harvesting or collecting forest products without having the right and permission from the authorized official and carrying tools specifically used to cut, cut or cut trees in the forest area without a permit authorized officials, and those who commit, who order to do, participate in the act or those who deliberately provide assistance at the time the crime is committed or those who deliberately provide opportunities, means to commit the crime, as referred to in Article 50 paragraph (3) letters a, b, e, and k Jo Article 78 paragraph (2), (5), and ( 10) Law Number 19 of 2004 concerning Amendments to Law Number 41 of 1999 concerning Forestry, Jo Articles 55, 56 of the Criminal Code. The problem in this research is what is the role of the National Police as an investigator in the criminal act of logging without the permission of the authorized official and what factors are the factors that hinder the role of the Police as an investigator in the criminal act of logging without the permission of the authorized official. The method that the author uses in this research is to use normative and empirical approaches, primary and secondary data types, data collection methods with literature study and field studies, and descriptive qualitative data analysis. Based on the results of the research, the role of the National Police as an investigator in the crime of forest logging without the permission of the authorized official case number BP / 83 / XI / 2010 / RESKRIM at the Tulang Bawang Police, among others, before the investigation was carried out, an investigation was first carried out to determine the truth of the criminal act that occur. The investigation is based on KUHAP and Law Number 02 of 2002 concerning the Police.
Implementasi Pemberian Layanan Bantuan Hukum Secara Cuma-Cuma Oleh Posbantuan Hukum pada Perkara Pidana di Pengadilan Negeri Gedong Tataan (Studi Kasus di Posbakum Adin Lampung) Baharudin Baharudin; Iqbal Alin Perdana
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.v5i1.348

Abstract

In legal cases, namely legal cases experienced by someone, there are often problems with one's inability to be able to hire a lawyer to handle the trial process in court, in fact a suspect still has his rights in a trial, one of which is to get assistance before the law of course for defend the rights of the suspect, in cases like this if someone does not have the ability to hire a lawyer POSBAKUM or the Legal Aid Post plays an important role in helping a suspect in providing legal services in the form of consultation, legal advice and the preparation of legal documents that are really needed by a suspect based on statutory regulations, in defending a suspect the trial is carried out for free, that way every suspect from being able or not entitled to get legal assistance
Kajian Yuridis Pasal 362 Kitab Undang-Undang Hukum Pidana dan Pasal 30 Undang-Undang Nomor 11 tahun 2008 tentang Informasi Dan Transaksi Elektronik Terhadap Pencurian Internet Wifi Junaidi Junaidi
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.v4i2.190

Abstract

The use of private wifi internet, especially at home, has become commonplace, wifi internet is used without permission from the owner, especially without his knowledge, if this happens it will result in the owner experiencing losses. Home wifi internet that should be used by the family but is also enjoyed by other people without the permission and knowledge of the owner, the owner who pays but other people use it. The crime of theft is regulated in Article 362 of the Criminal Code, while Article 3o of Law Number 11 of 2008 concerning Electronic Information and Transactions is more about illegal access. The application of criminal law ini the crime of theft of internet wifi, as regulated in : a) Article362 of the Criminal Code, internet wifi can be interpreted extensively as one form of “goods” which in an element of Article 362 of the Criminal Code, this can be equated with “electricity” and “gas” although it does not have a from, is not visible and felt, but has an economic value to be said as “goods” because to be able to use or enjoy wifi internet service users must purchase a wifi internet package first; b) Article 30 paragraph (1), (2) dan (3) Law Number 11 of 2008 concerning Electronic Information and Transaction may be imposed on perpetrators of wifi internet theft because it is related to illegal access. The act of stealing internet quota by using software or computer applications to break into the internet network to obtain a wifi internet username and password in order to gain access using wifi internet. In the settlement of a criminal act, proof is essential, because in the settlement of a criminal case what is sought is a material truth.
Tinjauan Hukum Persaingan Usaha dalam Praktek Persekongkolan Tender (Studi Putusan Nomor:04/KPPU-L/2018) Rendi Ardiansyah; Margo Hadi Pura
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.v5i1.398

Abstract

The existence of Law Number 5 Year 1999 is expected to prevent monopolistic practices and unfair business competition in a business world that continues to develop with increasingly fierce competition. However, until now there are still many unfair effort practices because increasingly complex competition and demands for profusely profit, one of which is related to tender conspiracy activities carried out in the procurement of goods and services within the government. Between them are the practice of conspiracy to tender for the Decision of the Business Competition Supervisory Commission Number 04/ KPPU-L/2018. In writing this article using a normative juridical research method in which research and observations are carried out in a library by emphasizing the applicable legal principles. The purpose of writing this article is to find out tender conspiracy in view of business competition law, which is essentially prohibited because it will prevent other business actors from competing in offering prices at the auction. In addition, this article discusses the fulfillment of the formulaic elements in the practice of tender conspiracy in the a quo case. Tender conspiracy is specifically regulated in Article 22 of Law Number 5 Year 1999 which is then complemented by the guidelines issuance of Article 22 by KPPU. Whereas in essence the actions of the Reported Parties in the implementation of the a quo tender constituted a tender conspiracy practice because they had complied with all the elements referred to in Article 22 of Law Number 5 Year 1999 resulting in receiving administrative sanctions imposed by KPPU as a form of law enforcement.
Implementasi Pertimbangan Hakim dalam Mengabulkan Permohonan Penetapan Wali Adhal Untuk Melaksanakan Perkawinan Menurut Hukum Islam (Studi Putusan Nomor 0055/ Pdt. P/ 2019/PA.Mt) Baharudin Baharudin
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.v4i2.186

Abstract

Marriage must meet the requirements and harmony, one pillar that must be met is the marriage guardian. The existence of a guardian in a marriage contract is a must and is not a legal marriage agreement that is not carried out by the guardian. The guardian is placed as a pillar in marriage according to the agreement of scholars in principle. The problem in this research is how is the formal law in the stipulation of Metro Religious Court Number 0055 / Pdt P / 2019 / PA.Mt regarding the application of guardian application? and what is the basis for the judge's judgment (material law) in deciding on the Establishment of the Metro Religious Court Number 0055 / Pdt P / 2019 / PA.Mt regarding the application of a guardian?. The research method uses a normative and empirical juridical approach. The type of data used is secondary data and primary data. Collecting data through library research and field research. Analysis of the data used is qualitative juridical.
Perlindungan Hukum Asuransi Pengguna Jalan Tol Oleh PT. Jasa Raharja Saat Mengalami Kecelakaan Lalu Lintas Pada Ruas Jalan Tol Jakarta-Cikampek Edelweiss Ratna Fauziah; Yetti Royati; Imanudin 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.v5i1.407

Abstract

Insurance comes from the word vezekering which means coverage. The person who is covered is called vezekerde and the insurance company is called verzekeraar. Initially, insurance has to manage, transfer or share risks, along with economic development and development developments in various sectors in the fields of industry, economy, infrastructure and technology, causing more problems to occur, especially problems regarding legal protection for the community, along with developments in the field of infrastructure development, for example in toll road construction, so that legal protection for toll road users is urgently needed. Social insurance is social insurance established by the Indonesian government based on statutory regulations, when viewed from the social insurance legal products that have been issued in Indonesia, it can be seen that social insurance programs are generally known, one of which is the Passenger Accident Social Insurance which is currently better known as Jasa Raharja. And to carry out coverage, the Indonesian government appointed PT Asuransi Jasa Raharja to manage and distribute compensation funds to traffic accident victims including traffic accident victims on the Jakarta-Cikampek toll road.
Tanda Tangan Elektronik pada Transaksi Jual Beli Online: Suatu Kajian Hukum Keamanan Data Konsumen di Indonesia Hari Sutra Disemadi; Denny Prasetyo
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.v5i1.300

Abstract

This research will discuss and examine the importance of readiness for comprehensive regulations that function to strictly regulate the protection of personal data in using electronic signatures used in online buying and selling transactions. This research is legal research prepared using normative legal research methods. This research shows that the electronic signature in online buying and selling transactions is a legal term derived from a digital signature that functions to authenticate and verify a person's data that makes it electronically or online as a digital form of user identity, as well as proof of approval of an agreement on the transaction online as a form of prevention against cyber crime. Electronic signatures need to be considered where the government can prioritize ratifying this regulation to provide security guarantees for the protection of personal data when the owner of the electronic signature uses it to verify and validate an agreement contract in online transactions. The protection in question is a rule which regulates data sovereignty, rights, and obligations of the parties, along with criminal and civil sanctions to prevent misuse of personal data.
Pertanggungjawaban Pidana terhadap Pemilik Tempat Hiburan Malam Atas Peredaran Narkotika di Kota Jambi Sumaidi Sumaidi
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.v5i1.427

Abstract

Regarding the circulation of Narcotics in nightclubs, it is regulated in Article 35 to Article 44 of Law 35 of 2009 concerning Narcotics so that this study aims to determine the criminal responsibility of owners of nightclubs for the distribution of narcotics, especially in the city of Jambi and explain the efforts that conducted to tackle the circulation of narcotics in night entertainment venues in the city of Jambi. The method in this research is juridical empirical and the scope of research studied is the circulation of narcotics and the object studied is a nightclub in the city of Jambi. The materials used are field materials and library research. Data collection techniques, namely document studies related to documents in accordance with the subject matter. The analysis technique in this research is qualitative. Criminal responsibility for the owners of nightclubs for the distribution of narcotics, especially in the Jambi City area has not been implemented so that efforts made, namely the Jambi City Police Resort with the Provincial Narcotics Agency and the National Narcotics Agency must carry out raids on visitors and commercial sex workers, as well as entertainment business owners. night in Jambi City.

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