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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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Pengaturan Informasi Rahasia Dagang Dalam Perspektif Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen Belia, Nina Rahayu
Wajah Hukum Vol 7, No 2 (2023): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v7i2.1275

Abstract

The legal issues discussed in this normative research are information regulation in Law Number 8 of 1999 concerning Consumer Protection and Law Number 30 of 2000 concerning Trade Secrets and legal protection against disclosure of trade secret information in the perspective of Law Number 8 of 1999 About Consumer Protection in the future. The research method used is normative juridical research with a statute approach and a conceptual approach. The legal materials used are: primary legal materials, secondary legal materials, and tertiary legal materials. Analysis of the collected legal material is carried out by inventorying, systematizing and interpreting. The results of the study show that the regulation of information in Law Number 8 of 1999 concerning consumer protection aims to create a consumer protection system that contains elements of legal certainty and information disclosure as well as access to obtain correct, clear and honest information regarding conditions and guarantees of goods and/or or Information services and arrangements in Law Number 30 of 2000 concerning Trade Secrets provide legal protection to Trade Secret rights holders for information that is not publicly known in the field of technology and/or business, has economic value because it is useful in business activities, and is safeguarded confidentiality by the owner of the Trade Secret.
Asas Proporsional dan Asas Itikad Baik dalam Perjanjian Waralaba Deva, Adam; Rosmidah, Rosmidah
Wajah Hukum Vol 7, No 2 (2023): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v7i2.1224

Abstract

The purpose of the study to determine and analyze the urgency of the principle of proportionality and the principle of good faith in the franchise agreement, legal protection and minimization of problems. The problem of how the urgency of the proportional principle and the principle of good faith in the franchise agreement, then the proportional principle and the principle of good faith in the franchise agreement can be a solution in minimizing the problems posed by the franchise agreement and legal protection of the parties.the method used in this study is juridical normative. This research is based on treaty theory, justice theory, proportional principle in Treaty, legal protection. Legal issues the occurrence of ambiguity of norms, that based on Government Regulation No. 42 of 2007 on franchise has contained rules regarding clauses in the agreement clearly as many as 11 clauses that must exist but in the implementation of the standard agreement is an agreement made by one of the parties, causing problems in the future. the results showed that (1) the principle of proportionality and good faith is a unity in a system of checks and balances whose task is to encourage the creation of legal relations in a proportional contract.(2) the principle of good faith and the principle of proportionality in making a franchise agreement, can prevent losses that will be experienced by other parties and is able to minimize the problems that will be caused before the agreement,at the time of the agreement,and after the agreement.
Penyelesaian Perceraian Yang Dilakukan Di Luar Pengadilan Studi Kasus Di Desa Mudung Darat Kecamatan Maro Sebo Kabupaten Muaro Jambi Maryati, Maryati; Puspita, Sriayu Indah; Rostarum, Triamy; Sari, Mayang
Wajah Hukum Vol 7, No 2 (2023): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v7i2.1312

Abstract

Regarding the settlement of divorce outside the court, it is not something new, but there are many problems related to marriages that were carried out previously. According to the provisions of the marriage law, divorce should be carried out in a court session, and not outside the court session, This is what makes me interested in exploring divorce cases that are carried out outside of court, the impact of a divorce that is carried out outside of court, for the wife, especially not only on the wife's rights but also regarding the rights of children and joint property that they acquired during the marriage. not obtained by the wife and their children, if during the marriage they obtained children and property. However, the divorce carried out by this husband and wife couple is not the same as marriage in general, where the implementation of the marriage carried out by both parties is carried out in Mudung Darat Village, Maro Sebo District, Muaro Jambi Regency in a private manner or privately, and witnessed. by local traditional leaders, the divorce cannot be carried out in court, only traditional leaders can finalize the divorce from the couple, besides that the woman (ex-wife) does not get any rights at all towards her husband.
Kebijakan Pemberian Vonis Mati Atau Pidana Mati Yang Ada di dalam Kitab Undang Undang Hukum Pidana Ditinjau Dari Formulasi Perspektif Pembaharuan Undang-Undang No 1 Tahun 2023 Tentang Kitab Undang-Undang Hukum Pidana Putri, Ina Malia; Rahmatiar, Yuniar; Abas, Muhamad
Wajah Hukum Vol 7, No 2 (2023): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v7i2.1298

Abstract

Capital punishment is a compelling and expansive type of discipline, and the discussion about the upsides and downsides of the death penalty go on today. The question of whether the death penalty should be retained in the Criminal Code or abolished in the justice system is inseparable from Indonesia's reform of criminal law, particularly through the creation of the Criminal Code. Despite the fact that its nature differs from that outlined in the Criminal Code, Indonesia will continue to use the death penalty, as evidenced by the Criminal Code Bill, which contains the death penalty. The purpose of this research is to identify the current legal formulation of death penalty policies in Indonesian criminal law and to examine the desired future legal formulation of death penalty policies in Indonesia. This study utilizes a subjective technique with a legitimate and administrative methodology as well as unmistakable scientific exploration details. According to the findings of this study, the death penalty is still regulated by Indonesian law as the primary form of punishment, resulting in disagreements between pro- and anti-death penalty groups. In the new version of Indonesian criminal law, change in death penalty policy, originally a principal punishment to become an alternative punishment . In the future, the death penalty will be a tangible expression of human rights that is in line with national and international perspectives.
Analisis Pemilihan Serentak Kepala Daerah 2024 Dalam Perspektif Negara Hukum Indonesia Muslih, Muhammad; Somad, Kemas Abdul; Saputra, Warfian
Wajah Hukum Vol 7, No 2 (2023): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v7i2.1316

Abstract

Simultaneous regional head elections, if seen at a glance, are a solution to the non-ideal nature of holding relatively large and repeated regional head elections, but if we look closely we can still discuss in detail the negative side of this policy. This is because there are some regional heads whose term of office must be reduced, thereby contradicting several legal norms (UU). In order to explore and discuss this problem, this paper uses a library research method with a conceptual and statutory approach, while the analysis is qualitative. The theory or teachings used as an analytical tool are theories, teachings about the concept of the rule of law. From several findings, it turns out that the policy of simultaneously electing regional heads has the potential to violate human rights and what is certain is that de facto regional heads whose terms of office have been reduced have been disadvantaged, treated unequally to other regional heads, thus the policy of simultaneously electing regional heads is not directly proportional to the enthusiasm and spirit of regional heads constitution.
Analisis Yuridis Kompensasi pada Peraturan Pemerintah Nomor 35 Tahun 2021 Tentang Perjanjian Kerja Waktu Tertentu, Alih Daya (Outsourcing), Waktu/Jam Kerja dan Waktu Istirahat, dan Pemutusan Hubungan Kerja Toha, Imam Sofii; Rahmatiar, Yuniar; Abas, Muhamad; Amaliya, Lia
Wajah Hukum Vol 7, No 2 (2023): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v7i2.1254

Abstract

The motivation behind this composing is to specify the execution of Article 64 of Unofficial law (PP) Number 35 of 2021 Concerning Explicit Time Work Arrangements, Reevaluating, Working Time/Hours and Rest, and End of Business, as well as methodology for execution in light of Unofficial law 35 of 2021 concerning Time Arrangements. Explicitly re-appropriating, working time/hours and rest periods, as well as end of business connected with Unofficial law in Lieu of Regulation (Perppu) Number 2 of 2022 concerning Position Creation. In this review, the creators utilize a standardizing juridical methodology as a technique for approach. The end is that Administration Guideline (PP) Number 35 of 2021 concerning Work Arrangements for Explicit Periods, Re-appropriating, Working Hours and Breaks, and End of Business, which corrects Regulation Number 13 of 2003 concerning Labor makes regulations for laborers. The legitimate outcome is that the temporary guidelines are not directed, which makes managers randomly utilize laborers with PKWT status for over 5 years with no juridical results.
Perlindungan Hukum Terhadap Data Pribadi Masyarakat Dalam Pendaftaran Dan Verifikasi Partai Politik Sebagai Peserta Pemilihan Umum Maad, Zulfan Husnul; handayani, widya marthauli
Wajah Hukum Vol 7, No 2 (2023): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v7i2.1222

Abstract

The requirements for political parties to participate in the general elections in Indonesia include passing the registration and verification stages by the General Election Commission through a platform called the Political Party Information System (Sipol). The verification process consists of administrative and factual verification, which includes research and matching of the requirements as a participant in the general election, one of which is membership in a political party. However, this membership has caused problems due to the rampant acquisition of memberships through the use of the Population Identification Number (NIK). This research aims to assert that personal data must be protected with simultaneous protection as a maximal effort to eliminate the misuse of personal data by political parties. The research method used is normative juridical by using secondary data sources and supported by primary laws, as well as a qualitative descriptive method to collect data through interviews. The results of this research show that the protection of personal data against the misuse of public names is crucial. Thus, laws that regulate the general protection of personal data can be a reference in legal protection efforts in such cases. Moreover, on October 17, 2022, the President of Indonesia has enacted Law No. 27 of 2022 concerning Personal Data Protection, which specifically (lex specialis) regulates the protection of personal data
Lembaga Bantuan Hukum Bagi Hak Tersangka Dalam Pradilan Pidana di Indonesia Yuneida, Setly Selva; Wardani, Retno Kusuma
Wajah Hukum Vol 7, No 2 (2023): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v7i2.1162

Abstract

Research aims to analyze the norms related to legal aid in legislation by providing legal protection for suspects and to analyze the role of legal assistance in legal protection of suspects in the criminal justice system in Indonesia. The problems to be examined are regarding the formulation of norms related to legal aid in legislation and the role of legal aid institutions in providing guarantee protection for suspects in the criminal justice system in Indonesia. Research uses a normative juridical approach by collecting primary, secondary and tertiary data. Research uses a conceptual approach and data analysis techniques by interpreting, assessing and evaluating. Based on this research, it was found that in the Criminal Procedure Code there are legal aid norms, in which there are still contradictions with one another (contradiction determinists), as well as provisions governing the role of legal aid, in this case, legal aid institutions have not played a good role, so many rights of suspects who are still neglected during the examination process.
Perbuatan Melawan Hukum Yang Mengakibatkan Akta Jual Beli Batal Demi Hukum (Studi Kasus Putusan Mahkamah Agung Nomor 1615 K/PDT/2020) Liwandi, Reynaldi; Lukman, F.X. Arsin
Wajah Hukum Vol 7, No 2 (2023): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v7i2.1264

Abstract

In conducting the sale and purchase of land, material requirements must be met followed by formal requirements, namely the deed of sale and purchase is drawn up and signed by the parties before the Land Deed Making Officer. The deed of sale and purchase serves as evidence that a binding agreement and agreement have been made among the parties involved, confirming the transfer of land rights accompanied by the payment of the price, thereby making the recipient of the rights or the buyer the new holder of the rights. This study aims to examine a tort of transferring land rights without the knowledge of the landowner in the case of Supreme Court Decision Number 1615 K/Pdt/2020, and the transfer of land rights based on national land law. The research method used in this study is normative legal research. This study resulted in the conclusion that the legal considerations and the judge's decision in the Supreme Court Decision Number 1615 K/Pdt/2020 were appropriate, proving that the Defendants had engaged in a tort under Article 1365 of the Civil Code, which resulted in the transfer of ownership rights without the knowledge of the Plaintiff. Since the enactment of Government Regulation No. 10/1961, which was later amended to Government Regulation No. 24/1997 concerning Land Registration, the sale and purchase transactions are conducted in the presence of authorized Land Deed Officers who have the authority to create the deed. The conclusive evidence of a transfer of the rights from the seller to the buyer, along with the payment of the agreed-upon price, is established by the executed deed of sale and purchase between the involved parties. Therefore, the relevant sale and purchase transaction has been carried out in a tangible manner.
Penyelesaian Hukum Adat Terhadap Tindak Pidana Perzinaan Dalam Keluarga Di Kota Jambi Hidayat, Iman; Idrah, Chairul; Ambarini, Siti Nur
Wajah Hukum Vol 7, No 2 (2023): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v7i2.1300

Abstract

This article discusses the customary law resolution of the crime of adultery within the family in Jambi City, so that the aim is to analyze the problems encountered and efforts to overcome them. The approach used refers to the Socio Legal Research approach. The results of this research show that the resolution of cases of adultery in the family in Jambi City is carried out using customary criminal law which originates from the basis of Jambi customary law, namely by expulsion from the village. fruit and bushes are as sweet as can be. Then the perpetrator apologized for his actions and signed a peace agreement (Surat setih). The problems encountered were differences of opinion between the young people and the elders of Tengganai in traditional meetings in deciding sanctions for this case, adultery cases which were resolved by criminal law. Nationally, the legal process takes a long time and is expensive, causing a lot of suffering to the perpetrators, the community does not know much about the basics of Jambi Customary Law. Efforts to overcome the problems that occur include holding a personal approach from the young people with the elders of Tengganai to continue to enforce the existing criminal law, all parties discussing that customary criminal law is more appropriate than the national criminal law, providing outreach to the community so that they know the basis of Jambi customary law. The suggestion is to ensure that adultery does not occur in the family, namely providing religious counseling so that faith is strengthened rather than lust and basic counseling on Jambi customary law so that the public knows that customary criminal law can resolve cases of family adultery quickly, at an affordable cost, thus the existence of criminal law. Customs are valid and have permanent legal force.

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