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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 Putusan Pengadilan Negeri Baturaja Dalam Perkara Tindak Pidana Pencurian Studi Kasus Nomor: 333/Pid.B/2020/PN BTA terhadap Peraturan Mahkamah Agung Nomor 02 Tahun 2012 Jumadi Jumadi; Indrajaya Indrajaya
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.v7i1.1181

Abstract

The issue of criminal law is widely discussed and in the spotlight, the public in general considers that it is very unfair if these minor cases threaten the punishment is not proportional to the value of the goods stolen by the perpetrator. So that the petty theft crime should be threatened with Article 364 of the Criminal Code which is guided by Supreme Court Regulation No.2 of 2012 must be applied with Article 362 of the Criminal Code. The reason why the judge did not use Article 364 of the Criminal Code and Supreme Court Regulation No.2 of 2012 was because in this case there was a repeat of the criminal act. The problem in this journal is the result of the Baturaja District Court's decision on theft cases with a light loss value. The research of this journal is Empirical legal research, which was initially researched as secondary data and then continued with research on primary data in the field. Meanwhile , The Supreme Court Regulation is a statutory regulation issued by the Chief Justice on judicial technical issues, especially in filling legal vacancies or against the enactment of an Act for which there has never been an organic regulation, whose structure resembles the structure of the composition of the Act that through the consideration of the judge at the Baturaja District court who examines and decides this case Article 364 of the Criminal Code cannot be applied with a speedy examination event guided by Supreme Court Regulation No. 2 of 2012 because the act committed by the perpetrator is a repeat of a criminal act, although in Supreme Court Regulation No.2 of 2012 there is no mention of exceptions to the act of repetition of a criminal act, but expressly it is regulated in the Memorandum of Understanding on the Implementation of the Application of the Prudential Limits on Minor Crimes and the Amount of Fines and the Application of Restorative Justice. So that the sentence of imprisonment for 1 year and 8 months is considered appropriate to be imposed on the perpetrator, even though from the perpetrator's side the verdict has not met the sense of justice.
Analisis Penerapan Sanksi Pidana terhadap Pelaku Tindak Pidana Penganiayaan terhadap Buruh Bangunan (Studi Putusan Nomor: 3/Pid.C/2021/PN Gdt) Rodhi Agung Saputra; Muhamat Ilza Amanda; Lukmanul Hakim; Okta Ainita
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.v7i1.1034

Abstract

This study aims to analyze the Decision Number: 3/Pid.C/2021/PN Gdt, which states that the Defendant is legally and convincingly proven guilty of committing the criminal act of "light maltreatment" against construction workers using the research method. The research method used in this study is normative legal research and empirical legal research, related to the application of criminal sanctions against perpetrators of criminal acts of persecution against construction workers. The problem approach used in this research is to use a statute approach and a case approach as well as a socio-legal approach. The problems that will be discussed in this study are what are the factors that cause the perpetrators to commit criminal acts of mistreatment of construction workers based on Decision Number: 3/Pid.C/2021/PN Gdt and how to apply criminal sanctions against perpetrators of criminal acts of mistreatment of construction workers based on Decision Number: 3/Pid.C/2021/PN Gdt.
Efektifitas Pemanfaatan Rumah Isolasi Coronavirus Disease (Covid-19) di Desa Markanding Kabupaten Muaro Jambi Masriyani Masriyani; Islah Islah
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.v7i1.1148

Abstract

This study aims to determine and analyze the effectiveness of the use of the Covid-19 isolation house in the village of Markanding, Muaro Jambi Regency. The research method is empirical juridical. The results of his research are in the form of a description of the effectiveness of the use of isolation houses, in which the program is budgeted for through the village budget which turns out to be not utilized or is ineffective to the fullest and even seems in vain. The obstacles encountered in the study were the awareness of the people who were exposed to Covid-19 which did not support where they were closed so they did not notify the officers of the Covid-19 handling post who had their last contact, and the self-isolation treatment stage where some people did not all carry out independent isolation and not also taking advantage of the available isolation houses, besides that it is also related to inadequate infrastructure. So it can be concluded that the isolation house is said to be ineffective.
Analisis Hukum dan Kriminologi terhadap Fenomena Penyalahgunaan Zat Dextromethorphan dalam Obat Batuk di Manado Sri Yulianty Masoara
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.v7i1.1031

Abstract

The phenomenon of dextromethorphan (dextro) abuse is rife in Indonesia. Several cases indicate the occurrence of this abuse. As an example of the case of dextro abuse that occurred in Manado, North Sulawesi, a woman with the initials IR (25), was found dead in a hotel room in Wanea sub-district, Saturday (09/05/2020) after consuming liquid cough medicine containing dextro. Dextro The phenomenon of abuse of dextromethorphan dextro) is rife in Indonesia. Several cases indicate the occurrence of this abuse. On Saturday (5/9/2020), a woman with the initials IR (25) was found dead in a hotel in Wanea District, Manado, North Sulawesi. His death was cited as an example of a case involving dextro abuse. Cough drops in liquid form containing dextrose should be taken indoors. Coughs are actually treated with dextroactive drugs, and the action of these substances is to suppress dry coughs. This is done in the medical field. This dextrorotatory chemical can be found in a variety of cough suppressants, including Komix DT, Vicks Formula 44 DT, Siladex Antitussive, and Bisolvon Antitussive. An empirical justice strategy was used to conduct this research. The data needed to compile this article are both quantitative and qualitative, and the data is based on primary and secondary sources of information. In general, the purpose of making drugs and the function of the drug itself is to treat various diseases that can affect humans and animals. However, it is often misunderstood by some for inappropriate purposes, such as dextromethorphan. If explored more deeply, dextromethazepam is included in the Class III Narcotics group in the Appendix to Law Number 35 of 2009 concerning Narcotics (Narcotics Law). It was given the name dextropropoxyphene and occupies the second position in the Class III group of narcotics. To achieve this goal, the existence of a legal rule that guarantees all of this, or in other words, the fact that humans are governed by law, is one of the tools or instruments that will be used to achieve this goal. However, in its implementation it is also necessary to pay attention to elements such as legal certainty where in this case the law must be made in written form, besides that it must also pay attention to the benefits in applying the law and finally what is arguably the most important, namely the law must pay attention to justice in its application.
Perkawinan Beda Agama Ditinjau Dari Aspek Yuridis Hukum Perkawinan di Indonesia Beridiansyah Beridiansyah
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.v7i1.1136

Abstract

Article 1 paragraph (3) of the 1945 Constitution (UUD), the State of Indonesia has declared itself to be a state of law, meaning that in running life and the wheels of government everyone subject to the rules of Indonesian law is obliged to implement and obey them. The law of marriage as regulated in the law of the Republic of Indonesia Number 16 of 2019 concerning amendments to Law Number 1 of 1974 is intended to provide legal certainty in fulfilling the right to continue offspring and be free from the threat of violence and discrimination. This research was conducted to conduct a juridical analysis of marriages conducted by couples of different religions, as a contribution to the author's thoughts on the development of marriage law in Indonesia, the research method used is a normative juridical approach, namely an approach that refers to the applicable laws and regulations, to achieve the objectives of the law itself, namely justice, benefit, and legal certainty.
Kebijakan Hukum Pidana terhadap Kejahatan Narkotika Studi Kasus Putusan Pengadilan Negeri Jambi Nomor: 228/PID.SUS/2022/PN.JMB Warfian Saputra; Herizal Kurniawan
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.v7i1.1215

Abstract

Law No. 35 of 2009 on Narcotics is a substantive criminal policy, which is accompanied by various other legal rules in the process of prosecuting the perpetrators of narcotic crimes in the form of the High Court Edaran Letter No. 04 of 2010 on the placement of abuse, abuse victims and drug addicts in medical rehabilitation institutions and social rehabilitation. The SEMA was distributed by the Supreme Court of the Court of Justice in the criminal justice system so it is expected to be a judge in deciding on the crime of Narcotics. Narcotic crime is the biggest crime that exists in Indonesia so it is necessary to enforce the criminal law wisely and wisely. From the data obtained from the Sub Section of Registration of the Institute of Marketing Class IIA Jambi, the current number of inhabitants is 1.316 People. A total of 757 people were civilians with drug cases and 254 of them were residues of drug cases.
Rasisme dan Xenofobia pada Masa Pandemi Covid-19 Sebagai Bentuk Ketidak-Adilan Sosial di Amerika Serikat Aditya Romadhon; Margaretha Hanita
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.v7i1.1143

Abstract

Racism and Xenophobia are several forms of action that represent injustice to ethnicities and races. However, although it is clear that this action is a form of social injustice, racism and xenophobia still occur frequently. During the Covid-19 pandemi, the United States of America (USA) also experienced an unstable condition where the situation heated up due to racist and xenophobic actions called “Asian-Hate” as a form of social injustice where Asian-Americans never even came or went to the area where the virus spread. Blamed and treated arbitrarily and inhumanely and this condition was exacerbated by President Trump's statements. This study aimed to explore how the social condition of society towards social injustice were being manifested in racism and xenophobia. This research uses a methodology in the form of literature study by collecting data from various relevant articles and documents. The results of the study showed that during the Covid-19 pandemic, America was proven to have carried out very intense racist and xenophobic acts with a variety of varied actions. Racist treatment was more widely accepted by the Asian race, especially the Asian-American group, which is "sealed" as the race that causes and spreads the Covid-19 virus.
Analisis Yuridis Pengawasan Manifes Penumpang Untuk Mewujudkan Kelaiklautan Kapal (Studi Penelitian di Kantor Kesyahbandaran dan Otoritas Pelabuhan Khusus Batam) Jeki Jukrisno; Ramon Nofrizal; Bachtiar Simatupang
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.v7i1.1147

Abstract

In a maritime country like Indonesia, the role of shipping in the socio-economic life of the population is very important, the sea and ships are a unity of transportation systems at sea that cannot be separated, history proves the movement of trade and distribution of population with the use of human labor, starting from rowing boats, installing sails, to being driven by machines and we arrive at the term shipping for water transportation activities at sea,  To be able to create shipping conditions as expected, every voyage must prioritize seaworthy conditions. The problem in this study is how to apply passenger manifest supervision to achieve ship seaworthiness, how to regulate passenger manifest supervision to achieve ship seaworthiness, and what factors hinder passenger manifest supervision to achieve ship seaworthiness. This research uses normative techniques (legal research) with sociological and descriptive research types to collect primary data through field research. Law Number 17 of 2008 concerning Shipping, which regulates the responsibility and authority of harbour master as one of the pioneers of shipping safety supervision, as well as seaworthiness standards for ships before obtaining sailing permits. The study's conclusion is that since governments are responsible for making and enforcing laws, they are expected to create specific laws and regulations that address the authority of law enforcement organizations at sea so that they can serve as a starting point for the prosecution of maritime offenses, streamline shipping, improve inter-agency surveillance, and safeguard the jurisdiction of waters.
Analisis Normatif Penegakan Hukum Tindak Pidana Pencurian Iman Hidayat
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.v7i1.1170

Abstract

The most essential legal basis in Indonesia is Pancasila and the 1945 constitution, in addition to other legal products. Basically there are many things that can be the cause of crime, especially from the point of view of the conditions or circumstances of society, for example poverty or economic downturn is the cause of a lot of theft, lots of juvenile delinquency, rampant corruption that causes tendencies to rebel or reluctance of people to obey the rules, regulations in force, the absence of legal certainty that can grow the seeds of hatred, especially between the weak against the strong. Likewise, the legal awareness of the general public or the local community in many ways can be seen as a symptom of a crime or crime. Theft that occurs at this time can be caused by the difficulty of finding work, due to the number of people who do not match employment opportunities, many people who drop out of school, because a school graduation certificate is a formal requirement in finding a job. Therefore, people use shortcuts, namely working a little and can make a lot of money, even by committing the crime of theft that violates the law. Punishments or crimes that can ensnare those who are proven to have committed the crime of theft, namely imprisonment for a maximum of 5 (five) years for ordinary theft or imprisonment for a maximum of 9 (nine) years, if the theft was preceded, accompanied or followed by violence and even the death penalty or imprisonment for life if the crime of theft is committed by two or more persons which results in serious injury or death of a person. The crime of theft is regulated in Chapter XXII Book II of the Criminal Code (KUHP), there are 5 articles that regulate the crime of theft consisting of Articles 362, 363, 364, 365 and 367. 
Pengaturan Hak Mendapatkan Informasi Publik Berdasarkan Peraturan Daerah Propinsi Jambi Nomor 3 Tahun 2014 Herma Yanti; Supeno Supeno; Nazifah Nazifah
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.v7i1.1204

Abstract

Jambi Province Regional Regulation Number 3 of 2014 concerning Public Information Services for the Implementation of Regional Government is a follow-up to the provisions of Law Number 14 of 2014 concerning Public Information Disclosure (UU KIP). However, the provisions regarding the arrangements for submitting requests for information dispute resolution to the Information Commission based on Regional Regulation Number 3 of 2014. This research is normative legal research with a comparative legal approach and statutory approach. From the results of the research it is known that for the provision of public information it turns out that the requirements and time limits specified in the Perda actually exceed the provisions specified in UU KIP. Meanwhile for the submission of an application for settlement of information disputes by the Petitioner to the Information Commission, it turns out that the Perda does not contain clear and complete arrangements as stipulated in the UU KIP. 

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