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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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Analisis Alternatif Restruturisasi Utang Atau Penutupan Perusahaan Pada Pandemi Covid-19 Melalui Pkpu, Kepailitan dan Likuidasi Lilies Anisah; Eni Suarti
Wajah Hukum Vol 6, No 2 (2022): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v6i2.1082

Abstract

The COVID-19 pandemic situation has caused the destruction of economies throughout the world, including Indonesia. The negligence of the debtor due to the COVID-19 pandemic can be used as a reason to apply for a postponement of debt obligations. Due to the Covid-19 pandemic which disrupts the financial stability of the debtor, so that the debtor cannot pay off his debt or is negligent to the creditor, he can apply for a suspension of debt payment obligations. On the basis of the covid-19 pandemic, that the impossibility of carrying out the contract in the form of financial incapacity. UUK & PKPU provide legal protection to debtors in the midst of the covid-19 pandemic so they don't fall into bankruptcy through PKPU as stipulated in article 222 of the UUK & PKPU. The type of research used is normative legal research. The practice of paying debts through applications for postponement of debt payment obligations (PKPU) based on Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, which starts from the procedure for submitting a PKPU application, temporary PKPU, publication of PKPU decisions, receipt of invoices, making a list of temporary receivables, implementation of the reconciliation meeting for the preparation of a list of permanent receivables, a discussion meeting on the reconciliation plan which includes restructuring of offers to creditors related to the reconciliation plan. The postponement of debt payment obligations (PKPU) is not enough to provide an opportunity for debtors with good intentions to carry on their business. Because the peace process is determined by the creditor, the UUK & PKPU require a reconciliation process with the approval of the creditor. The rules of Article 229 UUK & PKPU give full power to creditors, this causes debtors to depend on the decisions of creditors.
Asas Dominus Litis Bagi Kejaksaan dalam Penuntutan Tindak Pidana Berdasarkan Undang-Undang Budi Mulya; Ulya Kencana; Cholidi Cholidi; M. Zuhdi
Wajah Hukum Vol 6, No 2 (2022): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v6i2.950

Abstract

The Criminal Procedure Code is a generally accepted procedural law for criminal acts in Indonesia. It is regulated that those who have the right to carry out prosecutions are the Public Prosecutor or the Prosecutor. There is an element of legal uncertainty regarding his authority in prosecuting corruption crimes, for example. The separation of the authority of the Corruption Eradication Commission from the Prosecutor's Office, specifically as a claimant. In fact, the prosecution is on behalf of the Public Prosecutor or the Prosecutor. With the dominus-litis principle, expressly states that there is no other institution other than the Prosecutor as the Public Prosecutor who has the absolute right to sue. This study examines the principle of dominus litis for the prosecutor in the prosecution of criminal acts based on the law. The research method, the type of normative research with a descriptive approach. It was concluded that it was necessary to clarify the position of the Indonesian Prosecutor's Office as an executive agency. According to the rules, the Prosecutor's Office should be under the same roof as the judiciary. or the sake of the presence of legitimacy for the Prosecutor's Office itself. So that there is no uncertainty of authority for the Public Prosecutor in prosecuting criminal cases. Oleh karena itu perlu dibuat peraturan baru terkait dengan Kejaksaan RI untuk menuntut kasus tindak pidana berdasarkan asas dominus litis. Where the Prosecutor's Office is the owner of the dominus litis authority in terms of prosecution.
Upaya Penanggulangan Oleh Masyarakat dalam Membantu Pencegahan Tindak Pidana Pencurian Kelapa Sawit di Desa Markanding Mhd Badri; Sumaidi Sumaidi; Reza Iswanto
Wajah Hukum Vol 6, No 2 (2022): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v6i2.1055

Abstract

The crime of palm oil theft now often occurs, especially in Markanding Village, so that efforts are needed to overcome it from the local community so that the crime of palm oil theft does not continue to increase. Therefore, the type of research in this study is empirical juridical which is carried out directly in the field with the research specification being descriptive with the data sources being research and literature. Therefore, the research approach is a conceptual approach in which data collection techniques using interviews and data analysis are carried out qualitatively. Thus, the results of the study, namely the prevention efforts by the community in helping to prevent the crime of palm oil theft in the Markanding Village are to provide appeals and advice to the perpetrators so as not to repeat the crime of palm oil theft and the people of Markanding Village also remind the security guards at the coconut harvesting place. to be more vigilant because there has been a criminal act of palm oil theft at the collection point of oil palm harvests and the obstacles in carrying out countermeasures by the community in helping to prevent the crime of palm oil theft in Markanding Village are the lack of legal awareness of the perpetrators themselves so that the perpetrators are still committed a crime of palm oil theft, the people of Markanding village still do not want to report and become witnesses related to the criminal act of palm oil theft.
Penyelesaian Sengketa Merek (Studi Kasus Pepsodent Strong vs Formula Strong) Haura Jauza Hafizah; Rani Apriani
Wajah Hukum Vol 6, No 2 (2022): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v6i2.879

Abstract

A brand is the essence of an item or service that refers to the quality and value of its owner. Famous brands are popular and familiar brands and have a high reputation. The abuse of their genuine brand is the product of those who want to seek profits that would harm their true owners. The study will examine the process of settling their disputes and the judge's ruling in the issue of pepsodent strong v formula strong. The study uses normative jurisdictional methods based on laws in Indonesia that apply to the primary law code, legislation no. 20 in 2016 on brands and geographical indications and secondary legal materials: journal, article, paper associated with brand. The results of the research on brand dispute resolution in Indonesia there are two ways, namely litigation by commercial courts and non-litigation through alternative dispute resolution or arbitration. The settlement used in the case of Hardwood Private Limited and PT Unilever tbk. carried out by Litigation in the Commercial Court at the Central Jakarta Court.
Perlindungan Hukum Pejabat Lelang KPKNL dalam Pelaksanaan Tugas Pelelangan Hak Tanggungan Atas Tanah Hak Milik Nasabah M. Zein Hazimy; M. Zen Abdullah; Nyimas Enny FW; M. Chairul Idrah
Wajah Hukum Vol 6, No 2 (2022): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v6i2.1184

Abstract

The auction official is the spearhead of the auction implementation, but regarding the auction implementation, it is not uncommon for the Auction Official to be criminally reported by the execution respondent to Law Enforcement Officials because they feel disadvantaged as a result of their goods being auctioned. Another reason is that one of the functions of an auction in the form of a public function is the implementation of an execution auction, namely an auction to carry out court decisions or orders, other documents equivalent to that, and or carry out provisions in statutory regulations. so as a consequence also for employees of the Directorate General of State Assets who are not interested in being appointed as Auction Officials, where in every auction process in the State of Indonesia it is mandatory to go through Auction Officials at the State Assets and Auction Service Office in the area where the auction is held. So this study aims to analyze the legal protection for auction officials at the State Assets and Auction Service Office in carrying out the task of auctioning mortgage rights on land owned by customers.
Mencari Akar Rumput Kejahatan Begal oleh Pelaku Muda dalam Upaya Perlindungan Hukum dan Rasa Aman Masyarakat Kota Jambi S. Sahabuddin; Warfian Saputra; Syarifa Mahila
Wajah Hukum Vol 6, No 2 (2022): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v6i2.1185

Abstract

The begal crime  has recently been very troubling for the people of Jambi City. This crime was committed by a group of motorcycle gangs against road users by seizing the victim's property, even injuring the victim's body. Even more surprising, this robbery crime was committed by young perpetrators whose average age was between 14 to 16 years. This is an interesting social phenomenon to examine the most basic factors that cause these young perpetrators to commit robbery crimes and at the same time find the most appropriate solution to anticipate it. This research was funded by Batanghari University in an effort to serve the community.
Tindak Pidana Penganiayaan Oleh Anak Di Bawah Umur Yang Dilakukan Oleh Lebih Dari Satu Orang Anak Yang Mengakibatkan Kematian Korban Ahmad Zulfikar; Syarifa Mahila; Kemas Abdul Somad; S. Sahabuddin
Wajah Hukum Vol 6, No 2 (2022): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v6i2.1182

Abstract

Criminal cases involving minors, such as abuse cases, are still being found. Criminal acts of maltreatment involving children, in particular criminal acts of abuse by minors committed by more than one child resulting in the death of the victim are not only categorized as reasonable delinquency, but have led to a crime. Lots of children commit acts of violence and thrown into prison or detention and often they are treated like adults. However, it is not uncommon for children who commit crimes not to be detained but to be fostered in child development institutions. This is because the juvenile criminal justice process has been regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System which prioritizes the settlement of legal issues involving children as perpetrators in the recovery and compensation experienced by victims from punishing children as perpetrators of crimes, but related to the act of a child committing maltreatment causing the death of another person, this matter needs to be considered.
Kajian Kriminologis Tindak Pidana Pencurian Ikan Segar dalam Kapal Motor Nelayan Dermaga Dirgahayu Kecamatan Rantau Rasau Kabupaten Tanjung Jabung Timur Muhammad Chairul Idrah; Iman Hidayat
Wajah Hukum Vol 6, No 2 (2022): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v6i2.1183

Abstract

Theft is one of the categories of crimes against human property/wealth and is classified as one of the crimes regulated in the criminal code of law. Theft is an act of crime that has been rampant in society, so that the safety and comfort of people’s lives is greatly disturbed. The factors that cause theft are found within the perpetrator, which means that what influrnces a person to commit a crime arises from within the perpetrator himself, which is based on heredity and psychology.
Efektifitas Ketentuan Bebas Visa Kunjungan dalam Penyalahgunaan Izin Tinggal Warga Negara Asing Ria Regger Effendi
Wajah Hukum Vol 7, No 1 (2023): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v7i1.1195

Abstract

Indonesia is a country that has diverse natural resources with a uniqueness that is an attraction for local and foreign tourists. The era of globalization in all fields includes industry, investment, trade, services, transportation, telecommunications, tourism, finance. So to create an expansion of job opportunities for Indonesian workers and increase the number of tourist visits and expand in all other fields, the Government issued Presidential Regulation of the Republic of Indonesia Number 21 of 2016 concerning Free Visit Visa. The problem that will arise from the visit visa-free provisions is how effective is the supervision of visit visa-free permits based on Law Number 6 of 2011 and what is the impact of visit visa-free permits on the abuse of residence permits for foreign citizens. The research method used is normative juridical which only studies from the Presidential Regulation of the Republic of Indonesia Number 21 of 2016 and Law Number 6 of 2011, the data collection technique used is secondary data in the form of data obtained based on literature studies
Fulfillment of The Rights of Accessibility to Population and Civil Registration for People with Disabilities Asriyani Asriyani; Adiesty Septhiany P. Syamsuddin; Abd. Halik
Wajah Hukum Vol 7, No 1 (2023): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v7i1.1132

Abstract

The objective of this study is to discover the legal position of the National ID number functioning as the primary identity that forms the basis for fulfilling citizens’ rights, including fundamental rights to health services and education for persons with disabilities. Also, to determine the innovation implemented by the Dinas Adminduk of Palu City to encourage public service fulfillment for persons with disabilities. This research is empirical legal research with statutory and conceptual approaches. This research concludes that the legal position of the National ID number functioning as the primary identity that forms the basis for fulfilling citizens’ rights has been legalized in the Regulation of The President of The Republic of Indonesia Number 83 Year 2021. This causes every Indonesian citizen to be mandatory to have an ID number to access public services, which leads to the fulfillment of the constitutional rights of citizens. SIMALEO BERGERAK, PELANGI in the District, and PELAYAN SEKSI are the innovations developed to help the citizens, especially persons with disabilities, to have an ID number. Therefore, the obligation to fulfill the constitutional rights of persons with disabilities can be carried out by the State.

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