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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<![CDATA[Pertanggungjawaban Pidana Nakhoda Kapal Asing Terhadap Pelanggaran Hukum di Wilayah Teritorial Indonesia ]]>
<![CDATA[Eko Budi S]]>
<![CDATA[ Wajah Hukum Vol 5, No 2 (2021): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i2.761
<![CDATA[As a very large archipelagic country, Indonesia is very strategically located on world trade routes, making Indonesian waters have several problems including problems of maritime environmental pollution and shipping safety. This problem is due to the presence of oil from ships, either from fuel, from the engine room or oil as cargo that pollutes the marine environment. This study aims to determine the criminal responsibility of foreign ship captains who have violated the rules regarding the protection and management of the maritime environment and shipping in Indonesia, while the benefit of this research is to increase understanding for users of Indonesian archipelagic sea lanes so that they can sail safely and safely. The research method used is normative juridical while solving the problem with a concept approach and case approach to analyze the Batam District Court Decision Number 234/Pid.Sus/2021/PN. Btm is related to the implementation of criminal liability for foreign ship captains who violate the law in the Indonesian territory. The result of this research is that foreign ship captains can be held accountable for violating the law based on the principles of criminal law applied in Indonesia. So it can be concluded that a foreign ship captain who has made a mistake can be punished and accounted for his actions because there are criminal elements that are fulfilled and proven to have violated the law in the Indonesian territory.]]>
<![CDATA[Sanksi Pidana Adat terhadap Pelaku Tindak Pidana Melarikan Anak Perempuan Dibawah Umur di Desa Selat Kabupaten Batanghari ]]>
<![CDATA[Islah Islah]]>;
<![CDATA[Nella Octaviany Siregar]]>;
<![CDATA[Ade Ardinata]]>
<![CDATA[ Wajah Hukum Vol 5, No 2 (2021): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i2.703
<![CDATA[Special customary law of customary criminal comes from the custom of the community so it is referred to as the law born from below. Customary law as an unwritten law is the basis in determining good and bad behavior in a particular traditional society. Customary law, especially customary criminal law, has certain sanctions if one or more members of the traditional community commit irregularities or actions that are not in accordance with the norms and rules of decency (Adat Law). Article 332 of the Penal Code is understood to be taking away an immature woman with a view to mastering it, by our society is often associated with the term eloping. Eloping itself when it is interpreted simply is between a man and a woman who performs marriage without being approved by his parents or guardians. Taking away an underage woman or child abduction is again widely talked about by the public. Cases of fleeing underage women are spread almost all over Indonesia, our concerns are becoming even greater because the victims of child abduction are the majority of underage girls. To investigate, investigate and dismantle the chain of cases that are quite complicated it takes "extra energy and spirit" because of the problems of unemployment, poverty, education, gender inequality, patriarchy culture, as well as the lack of rule of law, public awareness, and the role of the authorities in addressing the problem.]]>
<![CDATA[Ketentuan Hukum Mengenai Mangkir dalam Omnibus Law ]]>
<![CDATA[Febri Jaya]]>;
<![CDATA[Alvin Lauw]]>
<![CDATA[ Wajah Hukum Vol 5, No 2 (2021): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i2.515
<![CDATA[The number of existing regulations in Indonesia often has the effect of reducing the effectiveness of implementing laws and regulations due to the overlap between regulations. With the enactment of Act Number 11 of 2020 on Job Creation, many labor regulation have been changed, one of which is related to a specific time work agreement. Therefore, this study aims to conduct a study on change to the provision in the employment agreement for a certain period of time, which certainly affects the rights and obligation between worker and employment, this change must be understood by both worker and employment. Through normative legal research, it can be seen that there are a number of things that need to be discussed in relation to the enactment of Act Number 11 of 2020 on Job Creation. As a result of discussion, this study describes absenteeism and the rights of employment if the worker terminates the employment agreement for a certain period of time before the end of the agreement.]]>
<![CDATA[Tinjauan Yuridis Dissenting Opinion terhadap Hakim Anggota Atas Perkara Tindak Pidana Penipuan ]]>
<![CDATA[M Jordy Dwipayana]]>;
<![CDATA[Maharani Nurdin]]>
<![CDATA[ Wajah Hukum Vol 5, No 2 (2021): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i2.471
<![CDATA[Contradicting judges' gathering in settling on legal choices is the embodiment of the appointed authority's individual flexibility to discover material truth. A definitive opportunity of presence is, not opportunity unbounded, but rather opportunity with a feeling of obligation and obligation. The review USES standardizing regularizing juridical strategies for study in which this kind of lawful exploration is normally alluded to as doctrinal law or library research. Since this review depends entirely on composed guidelines, it is firmly identified with libraries since it would require auxiliary information on the library. The 1981 law on criminal occasions (kuhap) decided that a court administering ought to be represented by a consistent agreement of the individuals from the adjudicators when such consistent agreement was unrealistic and the decision depended on the larger part by focusing on the "most productive" rule. The clarification of 182 stanzas (6) kuhap additionally states that it was recorded in the private program of the get together. Also, in this decision the outcome is a particular translation between the board of judges in seeing whether it is seen as proceeding or as an infringement of asas nebis in idem.]]>
<![CDATA[Peran Gubernur Jambi Untuk Mengontrol Kebijakan Pemerintah Daerah dalam Menanggulangi Covid 19 ]]>
<![CDATA[Muhammad Jaelani]]>
<![CDATA[ Wajah Hukum Vol 5, No 2 (2021): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v5i2.721
<![CDATA[In carrying out his duties as Governor, which is an extension of the central government in each province, the Jambi Governor must control the policies that have been imposed by the regional government at the city and district levels in tackling COVID-19. However, in reality until now the system of government in the regional government is still running its own government so it does not coordinate with the Governor as the leader in his regional province. This condition is certainly a problem in running the government system so that it needs to be studied more deeply related to the role of the Governor of Jambi. The subject matter studied in this study is related to the role of the Governor of Jambi in controlling local government policies. So in this case the research method used is a legislative and analytical approach. The research materials used are primary, secondary and tertiary legal materials and data collection techniques, namely literature studies and qualitative analysis techniques. The results of the discussion are that until now the role of the Governor of Jambi has not been carried out in controlling local government policies because the regional government in running its own government is still alone so that it lacks synergy in running the government system in order to cope with the spread of covid-19. ]]>
<![CDATA[Peranan Badan Permusyawaratan Desa Telago ]]>
<![CDATA[Nuraini Nuraini]]>;
<![CDATA[Mhd Ansori]]>
<![CDATA[ Wajah Hukum Vol 6, No 1 (2022): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i1.894
<![CDATA[The village government is an inseparable part in the administration of the Republic of Indonesia. The Village Government as the spearhead in the village government system will come into contact and deal directly with the community. The Village Consultative Body functions to accommodate and channel the aspirations of the community. The Village Consultative Body and the Village Government together make a draft village regulation which will be stipulated as a Village Regulation. The filling of the Village Consultative Body members can be processed through direct elections and or through representative deliberation. Based on observations and information obtained by the Telago Village Consultative Body, it has not been going well. This can be seen from the supervisory task of the Village Consultative Body in Telago Village, which seems to be only a formality, because there are complaints about village government administration such as village activities, socialization and lack of communication between communities that are not going well. This paper aims to analyze the role of the Village Consultative Body in the Implementation of Village Government in Telago Village, Keliling Danau District, Kerinci Regency. The type of research used is a sociological juridical research type and uses a socio-legal research approach. Then the sample is determined by purposive sampling, and the data is analyzed qualitatively.]]>
<![CDATA[Tugas dan Kewenangan Vts Batam dalam Pengawasan Lalu Lintas Pelayaran Di Selat Singapura ]]>
<![CDATA[Adhitia Adhitia]]>;
<![CDATA[Idham Idham]]>;
<![CDATA[Fadlan Fadlan]]>
<![CDATA[ Wajah Hukum Vol 6, No 1 (2022): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i1.706
<![CDATA[The government, as well as all of us as rulers, managers and users of the sea, are responsible for regulating the flow of traffic to ensure that maritime activities run smoothly and safely. This requires defining channel and crossing functions, which can be done through the use of navigational hazard labeling and updating of water level conditions. The purpose of this study is to find out how the VTS legal duties and authorities are arranged in the supervision of shipping traffic in the Singapore strait, how the VTS Batam duties and authorities are carried out, and what factors hinder the VTS legal duties and authority in supervising shipping traffic in the strait. Singapore. This study collects primary data through fieldwork using a normative and sociological research approach. To collect primary data, descriptive technique is combined with a normative approach (legal research). For marine activities, some locations must be equipped with a Vessel Traffic Information System (VTS) or Radar Beacons for security and strategic considerations. The decision will be announced by the Minister as soon as all the shipping lane requirements have been met, and will be communicated to the maritime world through the International Maritime Organization (IMO), in accordance with the convention that has adopted the standard for the use of shipping lanes. reporting system of ships at sea to operators on land traffic monitoring. This equipment has a VTIS attached to it, enabling it to detect the ship's name, position, speed and course. This data is then entered into the system and continuously monitored.]]>
<![CDATA[Kedudukan Alat Bukti Forensik dalam Proses Pembuktian Perkara Pidana Aborsi ]]>
<![CDATA[Thania Khairunisa]]>;
<![CDATA[Puti Priyana]]>
<![CDATA[ Wajah Hukum Vol 6, No 1 (2022): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i1.614
<![CDATA[Crimes that often occur in Indonesia has become a sure thing to happen every day, so in uncovering criminal cases such as theft, murder and others, there needs to be evidence to uncover the cause of a crime which is necessary to examine a criminal case in which forensic medical science is very helpful to law enforcement officials to uncover a criminal act , both the examination of the living and the dead. So what needs to be understood here is the role of any and the strength of forensic legal evidence in the settlement of criminal cases. using normative methods, the specifications of this study are used that are descriptive. In the future, we can find out what are the roles of forensic medicine and the legal force of forensic evidence in the process of proof of criminal acts, especially in abortion crimes that often occur in Indonesia.]]>
<![CDATA[Pelaksanaan Pendaftaran Tanah Sistematis Lengkap Di Kantor Pertanahan Kota Jambi ]]>
<![CDATA[Nazifah Nazifah]]>;
<![CDATA[Herma Yanti]]>;
<![CDATA[M Iqbal]]>
<![CDATA[ Wajah Hukum Vol 6, No 1 (2022): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i1.1027
<![CDATA[Land registration is an important and basic activity in land management. For this reason, a number of provisions and policies related to land registration have been issued, but in reality there are still many land registration problems. The Basic Agrarian Law (UUPA) mandates that all land be registered to ensure legal certainty over land. In order to support economic growth, create legal certainty over land and avoid land conflicts, the Ministry of ATR/BPN carries out a Mapping, Registration and Certification program. Based on the above facts, a policy reconstruction of accelerated-based land registration implementation has been carried out with the target of all registered areas through the implementation of Complete Systematic Land Registration (hereinafter referred to as PTSL). Through the PTSL program, it is hoped that all community land parcels are measurable and have legality in the form of land certificates. In order for the acceleration target to be achieved, a strategy and measurable settlement steps are needed given the time constraints and with the hope that the guarantee of legal certainty will still be achieved. The experience of land certificates that prioritizes acceleration and neglects accuracy has the potential to cause data at the land office to be invalid. The purpose of this study was to determine the implementation of Complete Systematic Land Registration at the Jambi City Land Office, the obstacles and efforts to solve it in the Complete Systematic Land Registration at the Jambi City Land Office. The research method used is an empirical juridical research type, with a socio legal research approach. Sources of data used in this study are field data with interviews with related parties and library data from laws and regulations, books, journals and others related to this research. Then a descriptive-analytic data analysis was performed. So it is hoped that the results of a complete systematic land registration study at the Jambi city land office can provide guarantees of legal certainty over land. Through the PTSL program, it is hoped that all community land parcels are measurable and have legality in the form of land certificates.]]>
<![CDATA[Urgensi Pembubuhan Meterai Pada Salinan Akta Sebagai Alat Bukti Berdasarkan Undang-Undang Nomor 10 Tahun 2020 ]]>
<![CDATA[Andra Tanady]]>;
<![CDATA[Elita Rahmi]]>;
<![CDATA[Fauzy Syam]]>
<![CDATA[ Wajah Hukum Vol 6, No 1 (2022): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i1.814
<![CDATA[Stamps in documents of a civil nature are very important for legal certainty in fulfilling evidence to be submitted to court. Therefore, stamp duty is very important in terms of proof in court so that in the use of stamp duty there are of course legal rules that regulate it. Even though there are legal rules that regulate it, often the Land Deed Making Officer violates the applicable legal rules. The problem to be studied is the regulation of the use of stamp duty on the copy of the deed of the Land Deed Official and the validity of the copy of the deed of the Land Deed Maker who uses stamp duty as evidence in court. The research method used is normative juridical so that the research is descriptive and the data source comes from secondary data, then this study uses a legal approach and a conceptual approach and analyzes the data using qualitative analysis. As for the results of the research, namely the regulation of the use of stamp duty on the copy of the deed of the Land Deed Official is regulated in Law Number 13 of 1985 concerning Stamp Duty, Draft Law of 2016, Law Number 10 of 2020 concerning Stamp Duty and the validity of the copy. Land Deed Officials who use stamps as evidence in court are regulated in Law Number 10 of 2020 concerning Stamp Duty that must put stamps on the signatures of Land Deed Making Officials so that they have legal force and fulfill legal certainty in order to be used as evidence. in the court.]]>
