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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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Penegakan Hukum Bagi Desk Collection Fintech Lending Ilegal yang Berimplikasi Tindak Pidana Fidyah Faramita Utami; Andi Nurul Isnawidiawinarti Achmad
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.v7i1.1140

Abstract

The purpose of this study is to explain how law enforcement efforts are carried out by the Central Sulawesi Local Police against illegal fintech lending desk collections that use threats and/or defamation. Desk collection is a profession with the main tasks and functions of informing, reminding, and collecting customer obligations via telephone, but often unethical and uses threats to contact customers or other people who are not related to the customer because it can access all the data on the customer’s smartphone. This research is empirical juridical research using a socio-legal study approach. This study uses primary legal sources (interviews), secondary legal sources (books, articles in scientific journals, and other sources), and tertiary legal sources (materials obtained independently on the internet). The results of this study explain that law enforcement in cases of threats and/or defamation carried out by illegal fintech lending desk collection in the jurisdiction of the Central Sulawesi Local Police is inefficient due to hindering factors, both internally and externally. This is what causes cases of threats and/or defamation by illegal fintech lending to become increasingly widespread and are like a chain that never ends.
Tinjauan Hukum Kerahasiaan Rekam Medis dalam Laporan Kesehatan Ibu dan Anak Berbasis Digital Elizabet Catherine Jusuf; Ria Kumala; Adriano Adriano
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.v7i1.1012

Abstract

The study aims to explain about legal aspects of medical record data confidentiality in digitally based maternal and child health reports. Teh method of this study is normative legal research with a conceptual approach, then quantitative analysis of legal interpretation. This Study shows confidentiality of information about patients is addressed to all health workers, administrative personnel (not health workers) who have access, and students or students who are obtaining education in every health service facility, both data information stored manually and digitally. The dissemination of personal data without permission is a criminal act and violates the code of ethics. Maintaining the confidentiality of digital-based maternal and child health report data is an obligation for all health workers and administrative personnel who have access to or are involved in this activity and this is protected by the Law but it has not have the specific rule.
Perlindungan Hukum Korban Kekerasan dalam Rumah Tangga di Wilayah Hukum Kepolisian Resort Batanghari M. Rudi Hartono; Ryan Aditama; Ananda Rizky Putra
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.v7i1.1193

Abstract

Domestic Violence (KDRT) as a form of violence in a household environment that relies on the gender of women as victims who suffer and suffer as a result of these acts of violence which are generally perpetrated by husbands. In this study, the authors refer to the Analytical Descriptive method, namely solving problems based on data or facts collected as they were at the time the research was carried out, and using the Purposive Sampling method, namely the sample used is based on the subjective views of the research, the respondents were determined by the researcher to represent all population. Based on the research, it is concluded that patriarchal culture is a factor in the emergence of domestic violence, which has the view that a man has a more dominant position in the household which cannot be equated with women and this has the same socio-cultural views. by the Indonesian people. Domestic Violence (KDRT) is seen as a personal problem, because due to private issues it should be socialized in accordance with the provisions of Law Number 23 of 2004 concerning the Elimination of Domestic Violence. This study aims to gain a deeper understanding of the factors that cause domestic violence in the jurisdiction of the Batanghari resort police, efforts to resolve crimes and obstacles found in the process of resolving domestic violence crimes. The research method used is empirical research with the type of case study research. Methods of data collection using interviews. The conclusion of this study is that domestic violence occurs because the perpetrator feels that there is annoyance and anger at his wife who often scolds the perpetrator as a husband, so that the perpetrator commits domestic violence to his wife. The way to resolve this case is to do it with peace efforts of both parties.
Akibat Hukum Wanprestasi Atas Perjanjian Sewa Menyewa Monicke Cintyara
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.v7i1.1123

Abstract

This study aims to determine the legal consequences arising from the lease agreement. In resolving disputes related to lease agreements, one of these things can arise with the background of an authentic deed. An authentic deed is drawn up before an authorized official where the authorized official in this lease agreement is a Notary. The law does not distinguish in detail how to resolve legal disputes specifically regarding authentic deed of leasing agreements in which the contents of an agreement cannot be fulfilled by one of the parties who bind themselves. This writing aims to find out what the legal consequences arise from default disputes on lease agreements and find out how legal remedies can be taken by the parties, both tenants and lessees who feel disadvantaged because one party commits an act of default. In this study the authors used normative legal research methods. The conclusion that can be drawn in this study is what are the legal consequences arising from defaults committed by one of the parties to the lease agreement where one of the parties is harmed by the default, therefore the injured party can demand the fulfillment of his achievements as what has been agreed in the agreement and accompanied by compensation for losses to parties who are harmed by default. Against legal remedies that can be done is to make legal efforts that are in the law through litigation and non-litigation legal remedies.
Efektivitas Sanksi Pidana terhadap Orang Tua Pecandu Narkotika yang Tidak Melapor Anaknya Ke Kepolisian Resor Tanjung Jabung Timur Mhd. Badri; Sumaidi Sumaidi; Reza Iswanto
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.v7i1.1206

Abstract

Currently, many children are addicted to narcotics, so the role of parents is needed in reporting their children if they use narcotics to the authorities, including the Tanjung Jabung Timur Resort Police. This research is of the juridical empirical type which is carried out directly to the field using a socio-legal research approach. For data sources, it was carried out directly in the field by direct interviews with informants and library research was also carried out by means of document studies so that the data analysis used was qualitative analysis. The results of this discussion are related to the effectiveness of criminal sanctions against parents of narcotics addicts who do not report their children to the East Tanjung Jabung Resort Police, namely that the criminal sanctions have not been effective and efforts to make these criminal sanctions effective, the East Tanjung Jabung Police continue to socialize related parents with the criminal sanction. 
Prinsip Kehati-Hatian Bank dalam Penyaluran Kredit Untuk Mencegah Tindak Pidana Korupsi Prasanti Ratnaningrum; Dudik Djaja S
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.v7i1.1171

Abstract

Even though banking itself has the principle of prudence in every activity, this will not close the gap for corruption. The purpose of this study is to analyze the principles of bank prudence in lending to prevent criminal acts of corruption and analyze the prosecution and consideration of judges' sanctions in giving decisions on corruption in lending. In this study, there are three research approaches used, namely the statutory approach, the conceptual approach, and the case approach. Data is analyzed by identifying legal facts and eliminating irrelevant matters, collecting legal materials and non-legal materials, conducting a review of the proposed legal issues, accepting conclusions, and providing prescriptions. The results of this study indicate that the precautionary principles of banks in extending credit to prevent corruption are regulated in Article 8 of the Banking Law as amended by Law Number 10 of 1998, specifically regarding the explanation of Article 8 paragraph (1) . In terms of enforcement and considering the judge's sanctions in giving a decision on corruption in the distribution of credit, the judge at least looks at two things, namely if the defendant violates the principle of prudence and there is clear evidence that the defendant took advantage of his actions, then the defendant will be charged with an article on corruption. If the defendant violates the precautionary principle but is not proven to have actually taken personal advantage from his actions, the judge decides that the defendant has violated the Banking Law and not a criminal act of corruption.
Kebijakan Hukum dalam Menanggulangi (Over Criminalization) Korupsi Dana Desa Untuk Mewujudkan Keadilan Restoratif Rodhi Agung Saputra; Rita Susanti; Bonifa Refsi
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.v7i1.1032

Abstract

This study examines the existence of the prosecution authority in Indonesia which is closely related to the Legal Policy in Overcoming (Over Criminalization) Corruption in the Village Fund to realize restorative justice. This needs to be done considering the very large amount of Fund Allocation from 2018-2021 which reached IDR 72 trillion which was intended for 83,381 villages and was very vulnerable to corruption. The problem that will be discussed in this research is How is the Legal Policy in Overcoming Corruption (Over Criminalization) of Village Fund Corruption to realize restorative justice. The research method used is a normative research method with a statute approach and analyzed using content analysis.
Kesadaran Hukum Pengusaha UMKM dalam Pendaftaran Merek Dagang di Kemenkumham Kota Jambi Abdul Hariss; Nur Fauzia; Puti Indah Ramaya
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.v7i1.1194

Abstract

Trademarks as part of the intellectual property rights protected by Indonesia, provided that the mark must be registered in advance with the Ministry of Law and Human Rights of the Republic of Indonesia. Trademark rights serve as a differentiator and identity for a business, one of which is micro, small and medium enterprises (MSMEs), but in reality the legal awareness of MSME entrepreneurs is still relatively low. The formulation of the problem in this study are: 1) What is a trademark and what is its importance for micro, small and medium enterprises (MSMEs)? What causes the low interest of MSME entrepreneurs in registering trademarks at the Jambi City Ministry of Law and Human Rights? 3) How are the efforts being made to increase the legal awareness of MSME entrepreneurs in registering? The research method used is empirical juridical with interview techniques. Based on the research that has been done, it can be concluded that there is a correlation between the low legal awareness of MSME entrepreneurs to register trademarks caused by various factors/causes, the biggest one is the the lack legal awareness of MSME entrepreneurs.
Peran Pemerintah dalam Optimalisasi Pelaksanaan Peremajaan Tanaman Kelapa Sawit Asri Elies Alamanda
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.v7i1.1129

Abstract

Palm oil is one of the leading agricultural sectors which has an important role in Indonesia. In addition to being able to absorb new workers, the oil palm plantation business can also contribute to state revenues from crude palm oil (CPO) export levies, the demand for which is increasing every year. However, in recent years the level of productivity of oil palm plantations has decreased. This is due to the age of the plants that are getting older and not using superior and certified seeds at the start of planting. With this low level of productivity, it is necessary to carry out rejuvenation of oil palm plants. The target of this rejuvenation program is to be able to use both superior and certified seeds in order to increase plant productivity. This research uses normative juridical research methods, namely research conducted by researching and analyzing literature or secondary data only. The approach method is descriptive and qualitative research methods. The results showed that the government played an active role in implementing the oil palm rejuvenation program. This is evident from the many regulations made by the government or other stakeholders to support the smooth running of this program. In addition, as an effort to provide support in increasing palm oil productivity, especially in preparing funds for rejuvenation programs, the government has established the Oil Palm Plantation Fund (DPKS).
Penerapan Sanksi Disiplin terhadap Narapidana Yang Melakukan Pelanggaran Disiplin di Lembaga Pemasyarakatan Perempuan Kelas II B Jambi Dedy Syaputra; Said Sahabuddin
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.v7i1.1208

Abstract

At present there have been violations committed by convicts in prisons, including the persecution of fellow criminals. Therefore, this research was conducted through empirical legal methods, which used a legal sociological approach, and there were three types of data sources, namely primary legal materials and secondary legal materials. The sampling technique was purposive sampling using data collection methods, namely interviews and documentary research to develop qualitative analysis. The matter of this research is the application of disciplinary sanctions against convicts who commit disciplinary violations based on Permenkumham Number 6 of 2013 in Class II B Jambi Women's Correctional Institutions is that there is no disciplinary action that will be taken against convicts of abuse cases in these prisons and the obstacles encountered in applying sanctions Discipline for convicts who commit disciplinary violations based on Permenkumham Number 6 of 2013 in the Jambi Class II B Women's Penitentiary is the lack of porcelain Class IIB Jambi Women's Prison, lack of support from inmates and inadequate infrastructure.

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