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
PUBLIC POLICY SEBAGAI SYARAT PENGAKUAN DAN PELAKSANAAN PUTUSAN ARBITRASE INTERNASIONAL
Supeno Supeno
Wajah Hukum Vol 1, No 1 (2017): Oktober
Publisher : Universitas Batanghari Jambi
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DOI: 10.33087/wjh.v1i1.17
Legal certainty factors in the resolution of a dispute a matter is a goal to be achieved by the seekers of justice including the resolution of disputes through arbitration agency bisis, Act No. 30 of 1999 still Know hinted that dispute resolution which was already decided by the international arbitration body should get the recognition from the country where the verdict will be implemented and one of the reasons not to use an international arbitration ruling due the verdict contrary to the public order (public policy) so that this provision may give rise to legal uncertainty. The type used is the juridical normative approach with the use of legislation. The purpose of this research is to contribute to the thought of doing a repair effort clause about the recognition and implementation of the ruling of international arbitration in an attempt to give the kepastia law in the settlement of disputes resolved through international arbitration.Keywords: Award, recognition, public policy
Gagasan constitutional Complaint Sebagai kewenangan Baru Mahkamah Konstitusi dalam Perlindungan Hak Konstitusional
Herma Yanti
Wajah Hukum Vol 2, No 2 (2018): Oktober
Publisher : Universitas Batanghari Jambi
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DOI: 10.33087/wjh.v2i2.40
The formation of the Constitutional Court (MK) as a guardian of the constitution is basically intended to guarantee the implementation of the constitutional provisions (the 1945 Constitution) seriously in the administration of the state, as well as to realize constitutional supremacy in the Indonesian legal state. One of the contents of the 1945 Constitution is a guarantee of protection of basic human and citizen rights that have been accepted as constitutional rights. Because of that, the Court also functions to guarantee the implementation of these constitutional rights. However, for violations of constitutional rights included in the case of constitutional complaints submitted to the Constitutional Court, the resolution has not yet been dealt with, because their authority has not been regulated in the 1945 Constitution, so the idea of making constitutional complaints develops as the Constitutional Court's new authority. This paper discusses how the Constitutional Court's authority in protecting constitutional rights is based on the 1945 Constitution, and what about the ideas that emerged to add constitutional complaint as the Constitutional Court's new authority in protecting constitutional rights. In accordance with the problem, this research is a normative legal research using a legal approach accompanied by a comparative legal approach. The results of the study show that the authority of the Constitutional Court in protecting constitutional rights is only limited to the authority to examine the Law against the Constitution. From the ideas that emerged, there were three possibilities for entering constitutional complaint on the authority of the Constitutional Court, namely through changes to the 1945 Constitution, through changes to the Law and through interpretation by the Constitutional Court itself. Of the three ideas, the most appropriate is to change the 1945 Constitution so that it can provide a strong foundation in providing protection for citizens' constitutional rights.
Tipologi Hukum di Indonesia (Melihat Penggunaan Hukum Prosedural Pada Sistem Peradilan Pidana)
S Sahabuddin
Wajah Hukum Vol 2, No 1 (2018): April
Publisher : Universitas Batanghari Jambi
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DOI: 10.33087/wjh.v2i1.31
Autonomous legal typology which is still very lumpy tasted in order of life laws in Indonesia highlighted on legal activities conducted by the Organization/institution of the law by revealing the face of the legitimate. Pay close attention to the patterns of law enforcement carried out by the institution of law criminal justice system in Indonesia, reflected the application of one law of the intermediate gradations, typology, namely patterns of law enforcement procedural indeed characterizes and autonomous legal power (autonomous law). It is important to note how this autonomous legal typology in its characteristics and how it gives the autonomous law implications against the institution of law criminal justice system in Indonesia in ethos and style of work.
KARAKTERISTIK HUKUM OTONOM DAN IMPLIKASINYA DI INDONESIA (Model Penegakan Hukum Prosedural Pada Sistem Peradilan Pidana)
S Sahabuddin
Wajah Hukum Vol 1, No 1 (2017): Oktober
Publisher : Universitas Batanghari Jambi
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DOI: 10.33087/wjh.v1i1.22
The life of the law has been, not logic, but experience law will not be found by a mere examination of theoretical rules; concentration on those rules alone harms the legal profession since it leads to the ignoring of the wider context which gives law its true social significance
PELAKSANAAN PENDIDIKAN DAN PELATIHAN BAGI PENYULUHAN PERTANIAN OLEH BALAI PELATIHAN PERTANIAN JAMBI BERDASARKAN PERATURAN MENTERI PERTANIAN NOMOR : 49/PERMENTAN/OT.140/9/2011
Mhd Ansori
Wajah Hukum Vol 1, No 1 (2017): Oktober
Publisher : Universitas Batanghari Jambi
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DOI: 10.33087/wjh.v1i1.13
In order to anticipate the challenges of the evolving strategic environment changes in this century of human resources required that ready-made, professional, innovative, creative, and insightful global. Education and training is one of the attempts to answer these challenges, as well as answer the new demands of society to obtain excellent service in the Ministry of education and training services as well as information to improve productivity, effectiveness, and efficiency of the main perpetrators of agribusiness ventures and agricultural trade in the countryside. This paper examines the principal issues, namely Whether the realization of the training participants were already in compliance with the results of the identification of Training Needs (IKD).Keywords: education and training, agricultural extension, Agricultural Training Hall
Penyelesaian Wanprestasi pada Perjanjian Jual Belisarana Produksi Pertanian (Saprodi) antara CV Karya Tani dengan Toko Riska Tani
Nurfauzia, Nurfauzia
Wajah Hukum Vol 2, No 2 (2018): Oktober
Publisher : Universitas Batanghari Jambi
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DOI: 10.33087/wjh.v2i2.36
Default is where one of the parties has committed an act that is not in accordance with the rights and obligations that they have agreed to or in other words the lack of implementation of the promise. accounts payable to CV Karya Tani in the form of agricultural materials such as fertilizers, seeds and medicine for poison grass with a debt of Rp. 270,000,000 (two hundred seventy million rupiahs) with a period of 30 days will be returned to CV Karya Tani but Riska Farmer's shop has defaulted. The approach method used in this research is sociological juridical namely the approach that is carried out by legal reality in practice. the settlement made by CV Karya Tani for Karya Tani Shop to immediately pay for shortages when purchasing inputs, namely having 3 efforts namely Consensus Meeting, Making a Statement, Settlement through the Jambi District Court, Sita guarantee
Perlindungan Hukum Bagi Peternak Ayam Broiler dalam Pola Kemitraan Inti Plasma dengan PT Ciomas Adisatwa di Kabupaten Kerinci
Maryati Maryati;
Putri Anggela Sari
Wajah Hukum Vol 2, No 1 (2018): April
Publisher : Universitas Batanghari Jambi
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DOI: 10.33087/wjh.v2i1.27
This research aims to find out and analyze the implementation of legal protection of chicken broiler breeders in partnership pattern core plasma with PT Ciomas Adisatwa Kerinci Regency, to know and analyze problems that happens in relationships the partnerships as well as to know and analyze the efforts that can be made to give legal protection to the breeder the plasma. Ciomas Adisatwa PT is a company that conducts business activities engaged in the breeding of the DOC (Day Old Chickhen) and produces various types of medicines and fodder for livestock. The number of breeders who do partnership with this company is as much as 14 farmers. This study is an empirical juridical research, i.e. research intended to find out how the implementation of legal protection of chicken broiler breeders in partnership with PT Ciomas Adisatwa. in Kerinci; whether it has been in accordance with the legislation in force. Primary data in this study were obtained directly from the results of the research field (field research) by doing the interview PT Ciomas Adisatwa employee, energy coaching and counseling in Dinas Farm District Kerinci, and six (6) people Chicken broiler breeders who partnered with PT Ciomas Adisatwa.. The results showed, legal protection of chicken broiler breeders in partnership with PT Ciomas Adisatwa. in Kerinci haven't fulfilled completely. A right that is already being met with a good breeder is a right to receive guidance about chicken farming from PPL sent by parties to the core. The right to the core of the saprodi have not been fulfilled so well because breeders often get DOC quality bad, feed and drug-obatanpun doubt its quality. The right to obtain a guarantee of marketing is indeed being met but the price that the parties set out the core of the breeder is not satisfactory. Whereas rights that have not been met at all was the right to participate in the making of the agreement. Problems occurring in the implementation of the partnership between rancher PT Ciomas Adisatwa with plasma is a low selling price of production results, Division of excess selling price of no obvious calculation breeder plasma just given potluck, the risk of failed harvest is fully charged to the plasma though the cause of the failed panennya are disease outbreaks, often late harvest and the core does not serve a protest from a breeder. Efforts that can be done to protect the ranchers plasma is by increasing the Government's role in the supervision, control and sustainable construction against the operations of the partnership and gave strict sanctions for parties breaking the rules of partnership.
ANALISIS POTENSI TINDAK PIDANA KORUPSI DALAM PELAKSANAAN TUGAS DAN JABATAN NOTARIS DAN PEJABAT PEMBUAT AKTA TANAH
Tresya Tresya
Wajah Hukum Vol 1, No 1 (2017): Oktober
Publisher : Universitas Batanghari Jambi
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DOI: 10.33087/wjh.v1i1.18
This research is raining to know and recognize: (1) Any actions that have potential as corruption in the execution of duties and positions of Notary and PPAT (2) the efforts made by Notary and PPAT in preventing their actions to not have the potential to be criminal act of corruption This research is an empirical normative research because in this study the authors combine normative legal research (secondary data) with empirical legal research (primary data obtained from research results in the field). The source of this research is Notary in the working area of Jambi city and academician. The sampling technique used is purposive sampling. The method of analysis used in this study is the method of thinking qualitative analysis and drawing conclusions using inductive thinking methods. The results of this study indicate that potential acts as corrupt offenses in the performance of duties and positions of Notary and Officials of the Deed of Land are contained in Article 2, 3, 5, 10 and Article 12 Sub-Article H of Law Number 20 Year 2001 concerning the amendment of Law Number 31 Year 1999 concerning the Eradication of Corruption. Several articles indicate the potential of Notary and PPAT may be subject to those articles if they commit a criminal act of corruption. In the case of the prevention of his actions so as not to have the potential to act Corruption is to work professionally in accordance with the applicable Law, and Notary Code of Ethics and PPAT.Keywords: Notary Public, PPAT, Corruption
Tinjauan Yuridis Akibat Hukum Perjanjian Harta Bersama yang Dibuat Oleh Suami Istri Setelah Perkawinan Berdasarkan Putusan Mahkamah Konstitusi Nomor 69/PUU-XIII/2015
Abdul Hariss;
Nurul Wulan Kasmara
Wajah Hukum Vol 3, No 1 (2019): April
Publisher : Universitas Batanghari Jambi
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DOI: 10.33087/wjh.v3i1.56
A marriage is a commitment between two people, in this case a man and woman, with material purpose to build a happy and everlasting family (household) based on Belief in the one and only God which is the first principle of Pancasila(Five Principles). Asset/property issue may arise due to marriage. The development of society’s mindset lead them to enter into a prenuptial agreement before they get married considering that both husband and wife are able to earn asset/property. Besides that, there are many other reasons to enter into a prenuptial agreement. Basically there is no mixture of wealth in marriage between husband and wife. The bconcept of shared assets originally came from customsnor traditions that developed in indonesia. This concept is then suported by islamic law and positive laws that apply in our country. Then a joint proprty agreement was made. Prenuptial Agreement is an agreement which is made by two people (betrothed couple) before they get married. Prenuptial Agreement had been stipulated in Article 29 Law No. 1 of 1974. However, since the Constitutional Court issued the Decision No. 69/PUU-XIII/2015, Prenuptial Agreement has several modifications which are presently being pros and cons in society. The matter which is being researched in this thesis is: what is the legal consequence of a prenuptial agreement which is made after marriage and based on the Decision of Constitutional Court No. 69/PUU-XIII/2015. The approach method which is used herein is normative legal research. The law material sources are primary law material and secondary law material in form of books and Legislation. Data analyses used in this research are processing and analyzing the data qualitatively andthen descriptively drawn up. The result of this research found the differences between Prenuptial Agreement which is stipulated in Article 29 Law No. 1 of 1974 and the Prenuptial Agreement which is stipulated in the Decision of Constitutional Court No. 69/PUU-XIII/2015
Kedudukan Asas Hukum dalam Penyelesaian Sengketa Melalui Arbitrase Berdasarkan Undang-Undang Nomor 30 Tahun 1999
Supeno Supeno;
Muhtar Dahri;
Hafid Zakariya
Wajah Hukum Vol 3, No 1 (2019): April
Publisher : Universitas Batanghari Jambi
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DOI: 10.33087/wjh.v3i1.45
The enactment of Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution is a step forward in dispute resolution in Indonesia, especially the settlement of disputes in the field of trade in response to the deadlock in the settlement of trade disputes that require resolutions quickly, cheaply, informally, and maintained interests and the secrets of the parties. However, there are still some rules and practices that are not in line with the principle of arbitration law itself. In this paper will be reviewed and analyzed the position of the legal principle used in resolving disputes through arbitration, so it is hoped that these legal principles can be upheld by all interested parties, if there are legal rules and legal practices that are contrary to this legal principle, they can be ruled out.