cover
Contact Name
Muhammad Subchan
Contact Email
wajahhukum.unbari@gmail.com
Phone
-
Journal Mail Official
wajahhukum.unbari@gmail.com
Editorial Address
-
Location
Kota jambi,
Jambi
INDONESIA
WAJAH HUKUM
ISSN : -     EISSN : 2598604X     DOI : -
Core Subject : Social,
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
Penguatan Literasi Digital Dalam Pencegahan Pelanggaran Hukum Siber (Cyber Law) Suryati, Suryati; Sardana, Layang; Disurya, Ramanata; Putra, Yanuar Syam
Wajah Hukum Vol 8, No 1 (2024): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i1.1447

Abstract

With the advancement of information technology that is increasingly influential, a new legal paradigm has emerged known as cyber law or telematics law. This study aims to understand the role of digital literacy in preventing cyber law violations. The approach to be used in this paper is a normative juridical approach (Legal Research). This approach will be used to analyze various principles and regulations related to Digital Literacy and Cyber Law. This study has specifications as Positive Law Inventory Research. The data used in this study are secondary. The data will be systematically compiled and analyzed in a qualitative normative manner to gain a clear understanding of the issues discussed. The results showed that digital literacy involves attitudes, understanding, and skills in managing and communicating information effectively through various media and formats. With proper strengthening of digital literacy, individuals and organizations can be better prepared to face the challenges of cyber law violations in the digital age.
Perlindungan Hukum terhadap Tanah Ulayat Masyarakat Adat yang Masuk Ke dalam Pembangunan Ibu Kota Negara Miftah, Farrah
Wajah Hukum Vol 8, No 1 (2024): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i1.1420

Abstract

This research examines the legal protection of customary lands of indigenous communities involved in the development of special economic zones (IKN). This research uses a legal approach and case studies to analyze the impact of IKN development on the customary rights of indigenous communities. The results of this research highlight the challenges associated with IKN development and potential violations of customary land rights. This study also reviews the existing legal framework and recommends improving and strengthening legal protection for indigenous peoples. Therefore, this study contributes to a deeper understanding of the dynamics of legal protection of customary land in the changing IKN development environment and highlights the importance of supporting the rights of indigenous peoples for sustainable development.
Analisis Yuridis Putusan No.87/Pdt.G/2020 PN.Bdg Tentang Perceraian yang disebabkan Salah Satu Pihak Pindah Agama di Pengadilan Negeri Bandung Mardius, Mardius; Putra, Wiwin; Supeno, Supeno
Wajah Hukum Vol 8, No 1 (2024): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i1.1481

Abstract

Marriage cannot be separated from the religious aspect, especially when Law No.1 of 1974 concerning Marriage emphasizes the importance of the religious aspect in the conditions for the validity of a marriage as regulated in Article 2 paragraph (1) "Marriage is valid, if it is carried out according to the laws of each religion and his beliefs", confirmed by MUI fatwa Number 4/MUNAS/VII/- MUI/8/2005 that Muslim women are prohibited from marrying non-Muslim men or Muslim men are prohibited from marrying women from people of the Book, in the Bandung District Court Decision. Number: 87/Pdt.G/2020/PN.Bdg, there was a divorce case that was caused by one of the parties changing religion. The formulation of the problem discussed in this thesis is: 1. Judge's Considerations in Deciding Divorce Case No.87/Pdt.G/2020 PN.Bdg which was caused by one of the spouses changing religion at the Bandung District Court and the legal consequences of divorce caused by one of the spouses Changing Religion in Bandung District Court. The research method used is a normative juridical method, namely research based on the study of documents which can be in the form of books or other literature, especially in this research, namely the Bandung District Court Decision Number: 87/Pdt.G/2020/PN.Bdg. From the results of the research, the judge's considerations regarding divorce in case No.87/Pdt.G/2020 PN.Bdg which was caused by one of the spouses changing religion at the Bandung District Court, is in the case where the plaintiff has converted to Islam and insists on filing for divorce on the grounds of his new religion. not allowed. In accordance with the Fatwa of the Indonesian Ulema Council Number 4/MUNAS VII/MUI/8/2005 concerning interfaith marriages, it is stipulated that interfaith marriages are haram and invalid. In addition, disputes, quarrels and quarrels often occur continuously due to differences of opinion and belief, which result in the division of joint assets, maintenance and maintenance for the survival of their children, regarding child custody (hadhanah) and the settlement of marital assets. resolved separately from the divorce suit he filed.
Efektivitas Hukum Kawasan Konservasi Perairan Maluku Utara: Studi Kasus Pulau Rao Luhulima, Muhammad Fadly; Alwan, Sultan; Rosyidi, Irham
Wajah Hukum Vol 8, No 1 (2024): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i1.1423

Abstract

The use of prohibited fishing gear continues to pose a serious threat to aquatic ecosystems. The Regional Water Conservation Area Agency (Balai Kawasan Konservasi Perairan Daerah or KKPD) in North Maluku plays a crucial role in educating the public on responsible fishing practices for the sustainability of the region. However, insufficient socialization and monitoring in the conservation area of Pulau Mare have led to illegal fishing activities that harm the ecosystem. Lack of transparency in information regarding the performance of the KKPD becomes a challenge, leaving the community unaware of the progress in surveillance, rehabilitation, and utilization by the agency. This research analyzes the legal effectiveness of water conservation area management in North Maluku Province, focusing on the Pulau Rao-Tanjung Dehegila Conservation Area. The research employs a juridical-empirical method with primary data obtained through interviews and secondary data from literature studies. Ministerial Decree No. 67/KEPMEN-KP/2020 and Minister of Marine Affairs and Fisheries Regulation No. 31/PERMEN-KP/2020 mandate proper management. However, the implementation of these regulations has yet to be effective. In conclusion, water conservation area management in North Maluku requires increased socialization to raise awareness and garner public support for established programs. Further efforts are needed to ensure the effectiveness of these programs.
Penerapan dan Hambatan Pelayanan Publik Undang-Undang Nomor 25 Tahun 2009 Pada Pembuatan Surat Izin Mengemudi Pengendara Roda Dua di Satuan Lalu Lintas Kepolisian Resor Kendal Farhandito, Tangguh; Listyarini, Dyah; Suliantoro, Adi
Wajah Hukum Vol 8, No 1 (2024): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i1.1429

Abstract

Public services in Indonesia, in general, remain disappointing. Despite various regulations implemented to enhance the quality of public services, it seems to have not significantly impacted the society. Violations committed by government employees also show no decline, and in fact, tend to occur more frequently. This research discusses the raised issues using a juridical-empirical approach, with an emphasis on legal aspects as a manifestation of society's attitude toward law and the legal system. This can be considered as an example of values, ideas, beliefs, or expectations that ultimately determine the extent to which the law is followed, violated, or deviated. In other words, it can be referred to as a juridical-sociological approach where the law is not only seen as rules or regulations but also involves the implementation of the law within society. The research findings indicate that the implementation of Law Number 25 of 2009 on Public Services at the Traffic Unit of Kendal Police Resort runs effectively. Officers at Kendal Police Resort, in carrying out the task of issuing Driving Licenses (SIM), operate in accordance with the prevailing regulations. Several residents intending to obtain a SIM choose not to immediately utilize middlemen services because the police officers are ready to assist them fully.
Kajian terhadap Tanggungjawab Pengurus CV dan Nasib Buruh Terkait CV Dinyatakan Pailit Sunur, Fransiskus Stefan; Sari, Retno Dewi Pulung
Wajah Hukum Vol 8, No 1 (2024): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i1.1397

Abstract

Bankruptcy is a situation where there is a Bankruptcy Decision against the Debtor from the Commercial Court. In the management of a limited partnership or CV, there are active partners and passive partners, both of which have different responsibilities. Then, in terms of the rights owned by workers, namely wages or salaries, Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations explains that there are three (3) types of Creditors, namely Separatist Creditors, Preferred Creditors, and Concurrent Creditors. Then, this research uses a normative research method with primary and secondary legal materials and collects data using literature studies using the snowball method to search for legal materials. The aim of this research is to examine the responsibilities of CV management and the fate of workers related to CV being declared bankrupt. Thus, the results of this research are that there are differences in the responsibilities of CV administrators in the event that a CV is declared bankrupt by the court between CV administrators who are active partners and passive partners. In addition, there is legal protection for workers' rights in the event of bankruptcy, namely the right to fair wages.
Fungsi dan Kewenangan OJK dalam Pengawasan Kesehatan Bank Samuel, Yoseph; Kardinata, Henes; Hutauruk, Reymond
Wajah Hukum Vol 8, No 1 (2024): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i1.1433

Abstract

One of the key aspects examined is the OJK's authority to take preventive and corrective action against banks that show signs of unsoundness. This analysis provides an in-depth understanding of the effectiveness of the regulatory and supervisory measures taken by the OJK to protect the interests of shareholders, customers and the stability of the financial system. The research results show that OJK has a very important role in ensuring the sustainability and health of the banking sector. With its broad authority, OJK is able to respond quickly to changing market conditions and implement appropriate policies. The implications of these findings include increasing transparency, expanding cooperation with international supervisory institutions, and strengthening the role of the OJK in promoting the principles of good governance in the banking sector.
Implikasi Pembubaran Partai Politik terhadap Organisasi Sayap Albab, Biantara
Wajah Hukum Vol 8, No 1 (2024): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i1.1384

Abstract

One of the privileges afforded to political parties is the establishment of affiliated wing organizations, which play a crucial role in fostering party cadre. However, the legal framework governing these Organizational Wings of Political Parties remains insufficient, primarily addressed in Article 12 letter j of Law Number 2 of 2008 concerning Political Parties. Conversely, within this legislation, provisions exist for the dissolution of political parties. Thus, it prompts inquiry into whether such dissolution also extends to the affiliated wing organizations of political parties. This research aims to explore the ramifications of political party dissolution on these Organizational Wings of Political Parties, employing a normative juridical method integrating statutory and conceptual analyses. The findings indicate that the dissolution of political parties inevitably leads to the dissolution of their respective Political Party Wing Organizations. This conclusion rests on several grounds. Firstly, the existence of Political Wings Organization derives directly from the political party itself. Secondly, the absence of clear-cut regulations pertaining to the Organizational Wings of Political Parties, limited solely to the Law on Political Parties, distinguishes them from Community Organizations. Thirdly, the regulations governing Wing Organizations are contingent upon the bylaws of political parties and align with the shared objectives and aspirations of a Wing Organization and its parent political party, centered around a unified vision and mission.
Perlindungan Hukum Anak Korban Perkosaan Inses dalam Sistem Peradilan Pidana Sudarti, Elly; Usman, Usman; Arfa, Nys.
Wajah Hukum Vol 8, No 1 (2024): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i1.1466

Abstract

This article discusses the legal issue of protecting the rights of children who are victims of incest rape after abortion in the law enforcement process. The crimes that occur should be resolved by the criminal justice system. In fact, child victims of incest rape have not received protection at every stage of the examination, from the investigation, prosecution to court decision. The importance of protecting child victims can be seen as a form of protection by the state in the form of administering justice. Apart from the completeness of statutory regulations regarding the protection of child victims, (the Witness and Victim Protection Agency), law enforcement officials, related government agencies and other relevant parties, the function of the judiciary plays an important role. This article aims first, to analyze the regulations regarding forms of protection for victims of incest rape in the criminal justice system. Second, it aims to analyze the enforcement of legal protection for child victims of incest rape in the judicial system. The method used in this article is a normative juridical research type using a statutory approach, conceptual approach and case approach. Analysis of legal materials, namely legal materials and literature that have been collected through systematic methods and then analyzed by inventorying, systematizing and interpreting all legal regulations and concepts according to the problems discussed. Substantially, from a regulatory perspective, a lot has been regulated regarding legal protection for child victims of incest, but in law enforcement it has not been able to provide protection, because the regulations for victim protection are still partially regulated. Studies of court decisions have not been able to accommodate the values of legal efficacy and the value of legal justice in providing legal protection to child victims of incest rape, especially in the criminal justice system. This study is important to carry out so that in the future there will be legal harmonization regarding legal protection for child victims of incest in the future.
Perlindungan Hukum terhadap Kreditur Pasca Putusan Mahkamah Konstitusi Nomor 18/PUU-XVII/2019 Tambuann, Bertua Putra
Wajah Hukum Vol 8, No 1 (2024): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i1.1396

Abstract

After the Constitutional Court decision Number 18/PUU-XVII/2019, the execution of fiduciary collateral created a sense of injustice and lack of legal certainty for creditors as money lenders. This decision eliminates the Creditor's authority to execute fiduciary collateral objects, as previously stated in article 15 paragraph 3 of the fiduciary law. As a result, the Creditor experienced problems in executing the fiduciary guarantee object after the Debtor failed to fulfil its obligations. The purpose of this writing is to find out what the ideal form of legal protection for Creditors is after the Constitutional Court decision Number: 18/PUU-XVII/2019. The research method used in this research is normative juridical, which only focuses on legal materials using a conceptual approach and a statutory approach. The results of this research are Constitutional Court Decision Number: 18/PUU-XVII/2019 which has made the fiduciary law lose its role as the law establishing fiduciary guarantee institutions. Fiduciary guarantee certificate has lost its identity because the executorial power over the object of fiduciary guarantee which is considered to be the same as the district court decision no longer applies if the Debtor does not voluntarily hand over the object which is the object of fiduciary guarantee to the Creditor.