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[Alternatif Penyelesaian Sengketa Lelang Lebak, Lebung dan Sungai di Kabupaten Ogan Ilir ]]>
<![CDATA[Indrajaya Indrajaya]]>
<![CDATA[ Wajah Hukum Vol 6, No 1 (2022): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i1.909
<![CDATA[For a long time, people in several sub-districts of Ogan Ilir Regency who live on the banks of the river have used flooded areas or puddles of water around the river due to river overflow to become one of the sources of PAD in the field of fisheries. Utilization is carried out by conducting auctions in lebak, lebung and rivers which are regulated in the Regent's Regulation on the management of fishery resources. In addition to being the legal basis, this regional regulation also aims to protect the environment in the Lebak, Lebung and river areas from damage caused by fishing by the Manager (the winner of the auction). Managers who do not carry out the management of lebak, lebung and rivers according to the rules may be subject to criminal sanctions or fines. This study aims to find out how the dispute resolution of the lebak lebung auction between the parties in practice is carried out. The problem in this study is how the forms of dispute resolution in the Lebak Lebung auction are carried out by the parties in practice. This type of research is normative legal research using a statutory approach. From the results of the study, it can be concluded that the settlement of disputes between the management committee and the management of lebak lebung and rivers is in practice mostly resolved by deliberation mediated by the village head or local village head, but if no agreement is found then the settlement is through the courts.]]>
<![CDATA[Implementasi Pembinaan Kepribadian dan Keterampilan terhadap Narapidana pada Lembaga Pemasyarakatan Kelas II A Jambi ]]>
<![CDATA[Herma Yanti]]>;
<![CDATA[Maryati Maryati]]>;
<![CDATA[Andika Yusriansyah]]>
<![CDATA[ Wajah Hukum Vol 6, No 1 (2022): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i1.916
<![CDATA[Guidance of prisoners in Correctional Institutions is an important process in shaping personality as well as providing skills so that the stated coaching goals can be realized. For this reason, these coaching activities need to be carried out optimally according to the pattern of coaching as stipulated in the Decree of the Minister of Justice Number M.02-PK.04.10 of 1990, which includes personality development and skills development. Considering the large number of prisoners who are accommodated in the Jambi Class IIA Institute, this study aims to discuss how the implementation of personality development and skills development for these prisoners and other factors that also influence its implementation. Therefore, this study uses a socio legal research approach. To obtain field data, it was conducted through interviews with several correctional officers respondents who were considered relevant to the problem being studied. From the results of the study, it is known that the implementation of the guidance has not been optimally carried out. In addition to the main factor, the number of prisoners that far exceeds the capacity of the Correctional Institution so that it affects the availability of coaching facilities, it is also influenced by the staff's resource factor, and no less important is the quality of the resources involved in providing materials for some of the coaching activities carried out.]]>
<![CDATA[Efektifitas Penyelesaian Sengketa Konsumen Melalui Proses di Luar Pengadilan (Melalui Jalur Mediasi) ]]>
<![CDATA[Apriliani Kusnadi]]>;
<![CDATA[Devi Siti Hamzah Marpaung]]>
<![CDATA[ Wajah Hukum Vol 6, No 1 (2022): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i1.710
<![CDATA[A civil dispute in an agreement is a case that arises from an agreement that has been previously agreed upon by the parties. An agreement that starts from negotiation to produce an agreement that is written on a trading contract. The current condition shows that dispute resolution in court is no longer the main choice because it is considered not effective and efficient enough. The choice of dispute resolution through an arbitration institution is considered to provide its own advantages over going through a national court. And the neglect of consumer rights can invite losses that lead to consumer disputes. So the purpose of this main discussion is how the process of resolving consumer disputes based on UUPK and the process of resolving disputes through mediation channels. The research method is normative law, and obtains data by using secondary data based on legal provisions and periodic legal developments. The choice of dispute resolution through the UUPK can be resolved through court (litigation) and out-of-court (non-litigation) channels. And it has been explained in Article 48 of the UUPK that "the litigation path can be taken through filing a lawsuit through the court, looking at the provisions regarding the applicable general court". "Arbitration and Alternative Dispute Resolution" is "a civil dispute resolution institution that can be resolved through a procedure agreed upon by the parties, namely an out-of-court settlement through consultation, negotiation, mediation, conciliation or expert judgment". Then arbitration is a dispute resolution out of court based on an arbitration agreement as well. Mediation is a method of resolving disputes that has a main scope such as a private/civil law area. Mediation is "a settlement through the assistance of a third party, but the role of the mediator is only to bridge the parties without giving an opinion on dispute resolution".]]>
<![CDATA[Korelasi Praktek Sukuk Ijarah dengan Investasi di Indonesia: Bentuk Perspektif Hukum Syariah ]]>
<![CDATA[Winda Fitri]]>
<![CDATA[ Wajah Hukum Vol 6, No 1 (2022): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i1.870
<![CDATA[At this time, there were many investors interested in sukuk in investing because sukuk gave higher returns than deposit rates with a clearly smaller risk. Sukuk with the type of ijarah contract are the most popular types of sukuk, both since they were first issued and until now during this Covid-19 pandemic. This is sufficient from the good market absorption of sukuk where in 2020 there will be 162 sukuk series issued and 64% Ijarah contracts. However, in practice this sukuk was found to be incompatible with the sharia principles that were implanted at the beginning, where the sukuk showed a direction similar to the practice of conventional bonds. From the existing background, the purpose of this research are the concept of sukuk as an investment, Islamic principles that apply in Ijarah Islamic bonds. The discussion of this problem uses normative juridical research methods and descriptive qualitative analysis through secondary data. The results of data analysis show that in society, the practice of Ijarah contracts that are not pure and leads to the muntahiya bi al-tamlik contract is similar to the mechanism offered in conventional bonds in general so that it does not run in accordance with sharia principles.]]>
<![CDATA[Kedudukan Ombudsman Dan Kepatuhan Penyelenggara Negara Dalam Melaksanakan Rekomendasi Ombudsman (Study OMBUDSMAN Perwakilan Maluku Utara) ]]>
<![CDATA[Sukitman Asgar]]>;
<![CDATA[Sahrestia Kartianti]]>
<![CDATA[ Wajah Hukum Vol 6, No 1 (2022): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i1.815
<![CDATA[The Ombudsman is one of the state agencies authorized to oversee public services in Indonesia based on the provisions of law number 37 of 2008. Therefore, this study aims to examine the position of the Ombudsman in the perspective of Constitutional Law as an external government supervisory agency and to determine the compliance of state administrators in carry out the recommendations of the Ombudsman Representative of North Maluku Province. To obtain accurate research results, a good and correct flow and method is needed, so this research was carried out using a normative empirical research type which was analyzed in a juridical perspective based on statutory provisions and observed directly in the field in order to determine the existence and existence of the Ombudsman as an institution. External Supervisors as well as the effectiveness of the implementation of the law and the compliance of the State Organizers on the Recommendations issued by the North Maluku Ombudsman. After conducting the study and analysis results, it was found that the existence of the Ombudsman is very necessary to avoid and prevent the Corrupt Behavior of state administrators and in order to maintain the constitutional rights of citizens to get good and excellent service, it's just that there needs to be an expansion of authority by forwarding the findings to the public. repressive law enforcement agencies. Another thing is the low propriety of state officials against the recommendations of the Ombudsman due to the absence of strict sanctions. On the other hand, the authority of the Central Ombudsman does not apply mutandically in regions that can only issue suggestions and opinions that differ from the Central Ombudsman who is authorized to issue recommendations. ]]>
<![CDATA[Tinjauan Antropologi Hukum terhadap Perilaku Masyarakat Kota Jambi Yang Tidak Menggunakan Kaca Spion pada Sepeda Motor di Jalan Raya ]]>
<![CDATA[Dedy Syaputra]]>
<![CDATA[ Wajah Hukum Vol 6, No 1 (2022): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i1.923
<![CDATA[Currently, there are still many motorcycle riders who do not use rear view mirrors on their motorbikes. With a legal event like this, the object of study in this study is the behavior of the people of Jambi City not using rear-view mirrors on motorbikes. The research method used in this research is empirical juridical 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 study is a document study and the data analysis in this study was carried out qualitatively. . The results of the study indicate that the behavior of the people of Jambi City still commits violations of not using rear view mirrors on their motorbikes, the criminal sanctions that can be imposed are in Article 285 (1) of Law Number 22 of 2009 concerning Road Traffic and Transportation. and fines and ways to change the behavior of the people of Jambi City who do not use rear view mirrors on motorbikes on the highway are the application of criminal sanctions, socialization and installation of CCTV at crossroads by the Jambi City Police Traffic Unit and self-awareness from the people of Jambi City.]]>
<![CDATA[Implementasi Fungsi Controlling DPD RI terhadap Pemekaran (Studi Pemekaran Kabupaten Musi Rawas Utara) ]]>
<![CDATA[M. Eza Helyatha Begouvic]]>
<![CDATA[ Wajah Hukum Vol 6, No 1 (2022): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i1.849
<![CDATA[In the current era of regional autonomy, the word regional expansion has become a familiar word to us. We often hear that word in our daily life, regional expansion is part of decentralization and regional autonomy. Regional expansion is a process of dividing an area into more than one region, with the aim of improving services and accelerating development. Regional expansion is also expected to create regional independence as one of the keys to the success of regional autonomy. The approach in this study is a qualitative research approach (Qualitative Research). This research will be conducted at the Secretariat of the DPD RI Representative of South Sumatra and the Government of North Musirawas Regency which is the object and main focus of researchers in seeing and knowing the concept of the controlling function. To make suggestions regarding the potential for regional expansion, the DPD RI should propose the Maqasid Sharia Theory, so that the expanded regions actually benefit the community.]]>
<![CDATA[Prinsip Berkeadilan Tilang Elektronik dengan Sistem E-TLE (Studi Kota Yogyakarta) ]]>
<![CDATA[Fuadhi Faktawan]]>;
<![CDATA[Izzy Al Kautsar]]>
<![CDATA[ Wajah Hukum Vol 6, No 1 (2022): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i1.727
<![CDATA[The development of ticketing system must be more dynamic to solve various problems of traffic violations. In Yogyakarta, an electronic based assessment method that began in mid-2020 managed to record 315 traffic violations, but the use of this electronic ticketing is still being rejected by some traffic users. The purpose of this study is to determine the effectiveness of the use of e-traffic ticketing which is applied in the legal area of Yogyakarta city and to analyze the aspects of justice in electronic ticket fines and measures of justice in the current practice of e-traffic tickets. This study uses a juridical normative research method with a statue approach approach and a concept approach. The result of this research is that the use of electronic tickets for law enforcement and motor vehicle drivers in the legal area of Yogyakarta City shows an increase in the aspect of order. For law enforcement, people who practice bribery are minimized, while for motorists it stimulates an orderly attitude in traffic. In the concept of justice, the use of electronic ticketing has paid attention to aspects of legal justice from the procedural formal side and aspects of substantive justice.]]>
<![CDATA[Permasalahan Surety Bond Sebagai Jaminan pada Pengadaan Konstruksi Milik Pemerintah di Universitas Bengkulu ]]>
<![CDATA[Nurhani Fithriah]]>;
<![CDATA[Edytiawarman Edytiawarman]]>;
<![CDATA[Slamet Muljono]]>;
<![CDATA[Dimas Dwi Arso]]>
<![CDATA[ Wajah Hukum Vol 6, No 1 (2022): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i1.885
<![CDATA[This research aims to identify and analyze the existence of a Surety Bond as a guarantee in the procurement of government-owned construction, to analyze cases that arise in a Surety Bond as a guarantee in a government-owned construction procurement application, and to identify and analyze the application of a Surety Bond as a guarantee in construction procurement. at Bengkulu University. The research method was tested empirically and sociologically, information was obtained by means of a literature review and field research using direct interviews with parties involved in taking action against the research object's problems. The research results show that the existence of the Surety Bond as a guarantee in the procurement of government-owned construction is an indemnity agreement, the surety acts as a guarantor and is equal to the principal debtor who has the obligation to pay off his debts to the obligee together. If the guarantor is the principal who for some reason is negligent or negligent in fulfilling the obligation to complete the work promised to the obligee, the surety will guarantee on behalf of the guarantor who pays compensation up to the maximum amount determined by surety. Surety Bond as a guarantee in the government's construction procurement application is related to the transfer of risk, where the risk will shift to a third party (Insurance Industry). If the principal is negligent in carrying out its obligations, the surety who wants to pay the damages to the oblige (project owner) matches what is stated in the suretyship. The time limit for payment of compensation is within 14 working days after the guarantor receives notification of non- compliance of PPK or ULP. The application of the Surety Bond application as a guarantee in the procurement of construction at the University of Bengkulu was tried with the branch insurance industry. The branch insurance industry did not provide the guarantee to the head office in Jakarta, so the Head Office in Jakarta refused to pay the claim.]]>
<![CDATA[Peranan Masyarakat Adat Serampas dalam Pengendalian Perusakan Hutan di Provinsi Jambi ]]>
<![CDATA[Ika Dwimaya Roza]]>
<![CDATA[ Wajah Hukum Vol 6, No 1 (2022): April ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/wjh.v6i1.868
<![CDATA[In Indonesia, there are 50 to 70 million indigenous peoples, and many of them around 50 million people rely on forests for their livelihoods. When compared with the size of the country of Indonesia, customary forest owned by indigenous peoples is only about and only 0.5% of customary land in Indonesia is legally recognized as customary land. The SerampasCommunity in Merangin, Jambi Province received confirmation through local regulation number 8 of 2016 regarding the recognition and protection of the Serampas customary law community. The ratification of this Regional Regulation is in line with the implementation of the decision of the Constitutional Court (MK)-35, regarding customary forests and related laws and regulations. The contents of this Regional Regulation are to declare, acknowledge, and convey protection against the existence and traditional rights of the Serampas customary law community which have been neglected, contained in Article 5 paragraph (2) of Law no. 41 of 1999 regarding the recognition of customary rights. Using this Regional Regulation, as access to empowerment and development there. This type of research in this journal uses normative legal research or literature that includes research on legal principles and research on the legal system. The approach in the preparation of this research uses a legal approach and a conceptual approach. The activities of the land management of the indigenous peoples of Serampas their local and traditional cultures, as well as their spiritual correlation use the forest as the basis for effective and sustainable forest protection, especially in Jambi Province. because indigenous peoples basically make a crucial contribution to achieving the goals of maintaining the world's climate, the balance of forest ecosystems, biological diversity and sustainable development.]]>
