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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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Kebijakan Kepolisian Sektor Pemayung dalam Penyelesaian Tindak Pidana Penganiayaan Secara Restoratife Justice Ahmad Zulfikar
Wajah Hukum Vol 5, No 2 (2021): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v5i2.732

Abstract

Efforts to overcome crime through peace based on Restorative Justice, namely justice for all parties are greatly missed by everyone. In carrying out law enforcement duties, the State Police Investigator of the Republic of Indonesia has the duties, functions, and authorities in the field of investigating criminal acts in accordance with the applicable laws and regulations. Based on the Regulation of the National Police Chief Number .6 of 2019 concerning Criminal Investigation, it has a role to carry out prevention efforts without having to use the Criminal Justice System (SPP), namely by resolving cases through the peace process. This process is due to the desire of the community who wants the case to be completed immediately and no longer be complicated. The resolution can be supported by the police's discretionary authority so that the type of research is descriptive empirical juridical, using primary data by means of interviews and secondary data by means of documentation studies. Then all data were processed using qualitative data analysis. Based on the research results, the Pemayung Police Sector policy is to settle criminal cases peacefully (penal police), or through the settlement of criminal cases involving the perpetrator, victim and/or their family and related parties, with the aim of achieving justice for all parties/restorative justice can be carried out, if it does not cause public unrest or there is no community rejection, it will not have an impact on social conflict and the case is still in the process of investigation and investigation. So that it can be directed to a settlement by conducting mediation to the parties, both the victim and the suspect. From the results of the mediation, it was agreed by the parties, both from the reporting party and the reported party as a suspect, admitting all his actions. And from the results of the mediation there was an agreement with the parties (victim and suspect) and a letter of peace was made and the revocation of the Police Report by the victim but after that, the victim came and asked again for the case to be continued, the investigator explained that the agreement had become an agreement of both parties and was binding and the investigation has been discontinued.
Peranan Hukum Kepailitan Menghadang Potensi Kepailitan Dalam Industri Keuangan Syariah Serlika Aprita
Wajah Hukum Vol 5, No 2 (2021): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v5i2.606

Abstract

Dispute resolution in sharia economics can be pursued through litigation. If referring to Article 2 passage (1) of Law No. 37 of 2004 concerning Liquidation and Delay of Obligation Installment Commitments, it is expressed that a debt holder who has at least two lenders and doesn't pay off somewhere around one obligation that is expected and can be If the case alluded to is a sharia monetary chapter 11 case, the court alluded to in this Law is the Strict Court. The exploration technique utilized is standardizing lawful examination. However, along with the growth of ordinary companies and companies that act as financial institutions, both banks and non-banks, the government should respond by providing a special court to resolve commercial cases committed by Islamic companies. Thus, it is necessary that the Commercial Court within the Religious Courts be established in order to fulfill legal certainty, usefulness and elements of justice for corporate legal entities that run their business with sharia principles.
Pengelolaan dan Dinamika Sampah di Desa Ulekan Kabupaten Karawang Di Tinjau Dari Peraturan Daerah Kabupaten Karawang Nomor 9 Tahun 2017 Tentang Pengelolaan Sampah Reonaldy Saputra Hutgalung; Oci Senjaya
Wajah Hukum Vol 5, No 2 (2021): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v5i2.433

Abstract

Waste problems in Indonesia will increase due to public awareness of serious waste problems. The problem of waste management is an issue that we must solve together in order to grow a sense of love and concern for a clean and healthy environment. The research method that we use is the empirical method by directly visiting the Karawang Environmental Office, by directly interviewing the head of the UPTD 1 DLHK (Karawang Environmental Service) namely Mr. Luki, asking about providing solutions and the government's own movement to the problem of the waste management process in Ulekan Village. in order to create a quality environment that is healthy and clean. Referring to the definition of waste and its types, it is necessary to handle and manage waste in a good way. Referring to information from the Department of Public Works of Semarang City (2008), waste management can be done with 3R waste management, namely: Reuse (Reuse), Reduce (Reduce), Recycle (Recycle). Given the increasing population growth every day, the waste produced by each citizen will increase and create problems regarding waste that accumulates and is scattered. This is exacerbated by inadequate places and locations for waste disposal, there is still a lack of public understanding of the benefits of waste. Various things have led to a decline in environmental quality which has a negative impact on the community.
Penegakan Hukum terhadap Pelaku Tindak Pidana Pertambangan Minyak Tanpa Izin (Illegal Drilling) di Wilayah Hukum Kabupaten Batanghari Muhammad Badri; Eka Pitri
Wajah Hukum Vol 5, No 2 (2021): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v5i2.781

Abstract

Oil and gas are natural resources that are held and controlled by the State which must be optimized to the maximum extent possible because they have a very important role in the national economy, the estuary of which is the creation of social welfare for all Indonesian people. In order to achieve this welfare, Law Number 22 of 2001 concerning Oil and Gas is enacted, which provides a legal basis for development and legal reform in oil and gas business activities.The purpose of this study is to find out law enforcement against the crime of oil mining without a permit in the jurisdiction of Batanghari Regency, the obstacles faced and the efforts made to overcome the obstacles encountered. This research is a descriptive analytical research with an empirical juridical approach. Determination of the sample was carried out using purposive sampling technique and data collection was carried out through interviews and qualitative data analysis was carried out. Law enforcement is carried out by carrying out repressive actions, taking action and detention. Constraints faced are low awareness, participation and information from the community and another obstacle is information leakage. Efforts are being made to increase awareness and participation and maximize the role of the community.
Analisis Yuridis Kontrak Pembiayaan Modal Ventura Dengan Pola Bagi Hasil Pada Pelaku Usaha Kecil dan Menengah Indrajaya Indrajaya
Wajah Hukum Vol 5, No 2 (2021): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v5i2.713

Abstract

In the business world, capital is an obstacle that is often faced by business actors, especially for small businesses. In order to solve this problem, the government issued regulations related to this problem. Among them through PP No. 9 of 2009 which regulates Financing Institutions and Minister of Finance Regulation No. 18/PMK.010/2012 Regarding Venture Capital Companies. In practice, this company in its capital participation with its business partner company is stated in the form of a written agreement (contract). The purpose of this study was to analyze the contents of the venture capital financing contract with a profit-sharing pattern at PT. South Sumatra SPV. Meanwhile, the problem of this research is how is the financing contract with the profit-sharing pattern applied by PMV with small and medium business actors in South Sumatra. This type of legal research is normative in nature, the legal materials used are primary, secondary and tertiary. It is carried out with a statutory approach and the conclusion of this research is that the financing contract carried out by the parties both formally and materially has fulfilled the legal requirements of a contract as regulated in Article 1320 and Article 1338 of the Civil Code Pdt and made before a Notary and signed by the business partner company and PMV represented by the management, namely the Board of Directors.
Konstitusionalitas Ancaman Pidana Terhadap Kejari (Penetapan Status Barang Sitaan dan Prekursor Narkotika) Emir Ardiansyah; Ulya Kencana; Romli SA
Wajah Hukum Vol 5, No 2 (2021): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v5i2.540

Abstract

Studies on the constitutionality of criminal threats against the Attorney General's Office (Head of the State Prosecutor's Office) in determining the status of confiscated narcotics and narcotic precursors, based on the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics, it is very necessary to do so. The regulation has an over-criminalization nuance that is detrimental to the constitutional rights of the Kejari. The research aims to analyze the role of the state in protecting the constitutional rights of the Kejari within the rule of law framework. The scope of the research describes the structure of values or norms in statutory regulations and the principles it adheres to. Legal principles are used in interpreting the Narcotics Law by linking it to the rule of law framework. The research method is normative legal research using secondary data. The results of the research revealed that the provisions in Article 141 and Article 91 paragraph (1) of the Narcotics Law have the potential to violate the constitutional rights of the Kejari. because it is not in accordance with the protection of constitutional rights in the institutional structure of the prosecutor's office, which may not be intervened in criminal law enforcement. In conclusion, the state plays a major role in implementing the protection of the constitutional rights of citizens and Kejari officials. The state is obliged to fulfill, respect and protect the constitutional rights of citizens. Institutionally, the state synergizes with the prosecutor's office must affirm the ethical and administrative areas concretely and limitatively, so as not to cause obscurity of norms and excessive criminalization of non-criminal acts to become criminal acts.
Tanggung Jawab Direksi dalam Meningkatkan Citra Bank (Suatu Telaah Yuridis Normatif) Sriayu Indah Puspita
Wajah Hukum Vol 5, No 2 (2021): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v5i2.762

Abstract

At this time the banking world has a very important function in the Indonesian economy. Banking is an institution that functions to collect and distribute public funds. For this reason, in order to maintain public trust in the bank, the government continues to try to protect or protect the public from irresponsible persons who can damage public trust in the bank. The issue of civil liability for negligence or carelessness that occurs in a bank can be related to the management of the bank. In order to increase the function of common awareness towards banking institutions, regulations regarding bank secrecy which have been very secretive must be revised immediately. The bank secrecy in question is one of the elements that every bank needs to have as an institution of public trust. Banking practices that violate the laws and regulations in the banking sector as long as these regulations are considered a weakness that can harm their interests, even the owner or management of the bank uses the existing regulatory loopholes so that in the end the bank is in an unhealthy condition. For that we need to know and understand how the bank can improve its image and the role of the board of directors in overcoming the problems faced and how to overcome these problems. The Board of Directors has an important role in the management of the bank, the board of directors is also required to regulate the bank according to its authority and responsibility as stipulated in the articles of association and the provisions of the applicable regulations. The image of the bank is built through communication programs and combined with customer experiences interacting with the bank. 
Implementasi Alokasi Dana Desa dalam Pemberdayaan Masyarakat Di Desa Mudung Darat Kecamatan Maro Sebo Kabupaten Muaro Jambi Masriyani Masriyani; Hisbah Hisbah; Feri Setiawan
Wajah Hukum Vol 5, No 2 (2021): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v5i2.738

Abstract

According to the results of observations made by the author in the village of Mudung Darat, Maro Sebo District, Muaro Jambi Regency, the management of village funds, especially the Village Fund Allocation, has not been implemented optimally, especially in the planning and implementation stages of the village fund allocation. This study aims to determine and analyze the Implementation of Village Fund Allocation in Community Empowerment in Mudung Darat Village, Muaro Jambi Regency, to identify and analyze the constraints of Village Fund Allocation Implementation in Community Empowerment in Mudung Darat Village, Muaro Jambi Regency and to identify and analyze the efforts made to overcome the obstacles in implementing Village Fund Allocation in Community Empowerment in Mudung Darat Village, Muaro Regency. This type of research used in this paper is empirical juridical research. The implementation of ADD in carrying out Public Expenditures and community empowerment has not been carried out optimally. The obstacles faced in implementing the allocation are the lack of understanding of the Village Government apparatus regarding the main tasks and functions and the lack of information and socialization to the community. Quality of Human Resources (HR) That Has Not Supported the Management and Implementation of Village Fund Allocation. The culture of mutual cooperation among the people of Mudung Darat Village is starting to fade, and the culture of mutual cooperation is the hallmark of a village.
Pengawasan Dewan Perwakilan Rakyat Daerah Terhadap Anggaran Pendapatan dan Belanja Daerah di Indonesia Mhd Ansori; Nuraini Nuraini
Wajah Hukum Vol 5, No 2 (2021): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v5i2.694

Abstract

The Regional People's Representative Council (DPRD) as a regional people's representative institution as well as an element of regional government administration that functions as a supervisor, however, has not run optimally the supervisory function of the DPRD so that the mission and goals set by the regional government can be achieved. The relationship between the executive and the legislature tends to be “troublesome”, these two institutions often do not understand their respective powers and functions. In order to carry out its functions, one of which is carried out by the DPRD by carrying out supervision, supervision by the DPRD on the administration of government is very important to maintain effective and efficient development and harmony in the implementation of government tasks. There has been an overlapping authority related to the supervision of the Regional Revenue and Expenditure Budget (APBD), and it is not even clear how DPRD members supervise the APBD, this makes DPRD members not optimal in carrying out supervision. The purpose of this paper is to find out and analyze the DPRD's oversight of the APBD, so this type of research is normative juridical research, meaning research that focuses on examining the application of positive legal norms and rules. The approach used in this research is conceptual, legal approach and historical approach.
Pertimbangan Hakim Atas Penghadiran Bukti Digital Forensik dalam Perkara Kejahatan Fraud Wahdah Prasetya; Puti Priyana
Wajah Hukum Vol 5, No 2 (2021): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v5i2.472

Abstract

The problems in this research are regulate digital forensic law in proving crime in Indonesia, judges consider the presence of digital forensic evidence in fraud crime. This research uses normative juridical approach, by examining and interpreting matters relating theoretical principles, conceptions, doctrines and legal norms relating to the presence of forensic digital evidence. The result showed that digital Forensic Arrangements in analyzing digital evidence in terms of proving criminal acts are not specifically regulated in the Criminal Procedure Code (KUHAP) because exceptions to electronic / digital evidence are regulated in the Information and Electronic Transaction (ITE) Act so that can be a legal basis for digital forensics. Law No. 11 of 2008 on Information and Electronic Transactions on Article 5 has been clearly stated that electronic information is a valid legal evidence in the form of electronic information and / or electronic documents and / or printout. The rise of data fraud requires a legal arrangement that is expected to be able to prevent and reduce these crimes. For this reason, it is important to elaborate legal arrangements for both implementation and criminal sanctions related to data fraud in Indonesia.

Page 18 of 53 | Total Record : 525

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