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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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Bentuk Perlindungan Hukum Penyelesaian Sengketa Pinjaman Online di Indonesia (Suatu Pendekatan Norma Hukum) Rosmidah, Rosmidah; Yahya, Taufik; Wulansari, Ditya Putri
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.v8i1.1450

Abstract

The research aims to explore and analyze legal protection for parties in online loan transaction disputes and alternative dispute resolution through online loan application service networks. The type of research is normative legal research (normative research) using a statutory approach, a conceptual approach, analysis of legal materials is carried out by interpreting and assessing related laws and regulations and selecting relevant legal materials. The research results show that legal protection for parties in transaction disputes through the online loan application service network must be based on an agreement based on mutual agreement with the legal online loan provider and a dispute resolution institution must be determined in the initial agreement, carrying out legal enforcement for unlawful acts committed by the provider. and provide, in principle, this protection to protect the rights of debtors as consumers, resolving disputes in online loan transactions for technology-based loan actors because borrowers still do not know in detail the dispute resolution mechanism, Financial Services Authority Regulation Number 77/POJK. 01/2016 Article 29 letter e only regulates the principle of dispute resolution which is carried out simply, quickly and at low cost, the parties can freely choose a dispute resolution institution that has been recommended by the Financial Services Authority.
Kedudukan Keterangan Ahli di Sidang Pengadilan dalam Pembuktian Perkara Korupsi Novrianto, M.; Indrajaya, Indrajaya
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.v8i1.1425

Abstract

Corruption is an extraordinary crime that has an impact on the nation's economy. In general, corruption is carried out by educated people who have wide networks in society. When examining corruption cases in court, the presence of experts can assist the judge in proving the defendant's guilt. Expert testimony as evidence has important power in making clear a criminal act. The judge decides that a person has indeed committed a criminal act determined by at least two valid pieces of evidence and he is convinced that a crime has indeed occurred. This research is to find out the position of expert testimony in proving criminal acts of corruption, the research method used is normative research.
Pemisahan Harta Bersama Tanpa Adanya Perjanjian Perkawinan pada Perkawinan Campuran (Mixed Marriage) Puteri, Erriyanti Samuhedah; Yustikarini, Meliyana
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.v8i1.1343

Abstract

This study has the aim of knowing the legal consequences that arise against property in mixed marriage and knowing the legal arrangements for the separation of joint property in mixed marriage without a marriage agreement. Joint property is one of the legal consequences that arise in marriage. In a marriage without a marriage agreement, joint property will be created. However, conflicts will arise if what happens is a mixed marriage. This writing has the aim of knowing how the legal arrangements for the separation of joint property in a mixed marriage without a marriage agreement and what legal consequences arise for property in a mixed marriage. In this research the author uses doctrinal legal research methods. The conclusion that can be drawn in this study is that the legal consequences arising from property in a mixed marriage if referred to based on Law No. 1 of 1974 concerning Marriage, if the parties do not make a marriage agreement, there will be joint property.
Konsolidasi Tanah terhadap Relokasi Korban Pasca Erupsi Gunung Semeru 2021 dalam Kerangka Kepastian Hukum Hak Atas Tanah Huda, Miftahul; Suarda, I Gede Widhiana; Setyawan, Fendi
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.v8i1.1411

Abstract

As the year 2021 came to a close, Mount Semeru, which is situated in the Malang and Lumajang districts, erupted, bringing with it hot clouds and lava avalanches that destroyed nearby homes and property, erasing the lines separating the land owned by the locals. Normative-empirical legal research was the research methodology utilised to complete this thesis. The socio-legal approach, the statute approach, and the conceptual approach are the three methods used in this study. All three methods use empirical data from observations and interviews with people to do research. The implementation of land consolidation for relocation following the Semeru eruption, legal certainty regarding land ownership rights for the residential relocation of Mount Semeru eruption victims in 2021, and the idea of land consolidation for the relocation of Semeru eruption victims are the main areas of concern in this research. The concept of land consolidation is in accordance with the regulations of the Minister of Agrarian Affairs and Spatial Planning/head of the national land agency of the Republic of Indonesia number 12 of 2019 regarding land consolidation. As a consequence of land consolidation, the findings of this study will guarantee that the land rights of those affected by the Mount Semeru eruption are legally guaranteed.
Tinjauan Yuridis terhadap Penyebaran Data Pribadi yang Dilakukan oleh Aplikasi Pinjaman Online Ilegal Masriyani, Masriyani; Siregar, Nella Octaviany; Tresya, Tresya
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.v8i1.1459

Abstract

Information technology impacts social, cultural, and economic progress, creating a world that is not limited by time, geography, or distance. Fintech, short for financial technology, is a phrase used to describe technology that facilitates communication between society and society's financial sector. In Indonesia, protecting personal information is a primary concern. This is due to the increasing volume of digital activity, especially transactions involving the submission of personal data by users. A normative approach was used in carrying out this research. This study focuses on the legal or statutory approach. Qualitative analysis is a type of data analysis used in normative legal studies. The latest legal regulations regarding efforts to safeguard personal data, especially related to criminal acts that occur and are carried out by unauthorized pinjol applications, are Law Number 27 of 2022 concerning Personal Data Protection. The PDP Law serves as a foundation and ensures that everyone's personal information is legally protected, preventing misuse of personal information for purposes that could harm third parties. In addition, the PDP Law provides administrative and criminal sanctions for all crimes related to personal data, including misuse of data and unauthorized access to that data, such as in cases of illegal online loan applications.
Dampak Penghapusan Pupuk Subsidi Bagi Petani Kelapa Sawit Swadaya Setelah Disahkannya Peraturan Menteri Pertanian No 10 Tahun 2022 tentang Tata Cara Penetapan Alokasi Dan Harga Eceran Tertinggi Pupuk Bersubsidi Sektor Pertanian Alamanda, Asri Elies; Mangar, Irma
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.v8i1.1440

Abstract

Palm oil or crude palm oil (CPO) is one of Indonesia's leading export commodities. The high level of exports is not accompanied by the provision of subsidized fertilizer for independent community farmers. Through the Ministry of Agriculture (Kementan) it has decided to remove subsidized fertilizer for oil palm plantations. With the elimination of fertilizer subsidies for oil palm farming, it makes it difficult for farmers to meet their fertilizer needs. The policy of eliminating subsidized fertilizer assistance has a direct impact on the productivity of oil palm farmers. The problems studied are limited to: What impact will there be after the ratification of the Minister of Agriculture Regulation No. 10 of 2022 concerning Procedures for Determining the Allocation and Highest Retail Prices for Subsidized Fertilizers in the Agricultural Sector related to the elimination of fertilizer subsidies for oil palm plantations? and How to overcome the problem of no subsidized fertilizer for oil palm farmers? The research method used is the Empirical Juridical method. The research results show that there are many impacts that can occur with the elimination of subsidized fertilizers by the government, especially for oil palm plants. Fluctuating CPO prices tend to make farmers unable to predict their income and set aside to purchase non-subsidized fertilizer which is unaffordable. Then the countermeasure initiated by the government is to use organic fertilizer, but it can take a long time to process organic fertilizer and the results can only be seen one year later. This is different from chemical fertilizers where the results can be seen immediately in a matter of months.
Penegakan Hukum Peraturan Daerah Nomor 11 Tahun 2015 Tentang Penyelenggaraan Reklame di Kabupaten Kendal Oleh Satuan Poisi Pamong Praja Putra, Diaz Angger Novarizhendy; Listyarini, Dyah; Megawati, Wenny
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.v8i1.1408

Abstract

In the business world, advertising plays a crucial role in the success of a company's marketing of goods and services. Billboards, banners, and advertising banners on the streets have become common as effective tools for introducing products or services to the public. This research employs a qualitative method with a focus on advertising enforcement by the Regional Police Unit in Kendal Regency. This approach allows for a direct relationship between the researcher and the respondents. The results indicate that the enforcement of advertising laws in accordance with Regional Regulation Number 11 of 2015 has been implemented. Preventive law enforcement methods are utilized, such as verbal warnings to individuals who violate regulations by placing advertisements in unauthorized locations. Despite effective law enforcement, there are still issues with some individuals not fully complying with the regulations. Some prohibited advertisements mandated by the government remain in place, indicating suboptimal implementation of these regulations. In such cases, non-compliant advertisements can be dismantled in accordance with the rules established in the Regional Regulation of Kendal Regency.
Efektivitas Peraturan Daerah Kota Jambi Nomor 2 Tahun 2014 dalam Pemberantasan Pelacuran dan Perbuatan Asusila di Wilayah Kota Jambi Badri, Mhd.; Sumaidi, Sumaidi; Iswanto, Reza
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.v8i1.1452

Abstract

The occurrence of criminal acts of prostitution and immoral acts in the city of Jambi is currently widespread. This can also be proven by the existence of cases of prostitution at OYO accommodation located in the city of Jambi. Even though there is Jambi City Regional Regulation Number 2 of 2014 on the Eradication of Prostitution and Immoral Acts, in reality there is still prostitution in the city of Jambi even though the local area has been closed. The aim of this research is to understand and analyze the factors that influence people to commit prostitution and immoral acts in Jambi City, obstacles in implementing the effectiveness of Jambi City Regional Regulation Number 2 of 2014 in Eradicating Prostitution and Immoral Acts in the Jambi City area and efforts to overcome obstacles in reducing the number of prostitution and immoral acts in the Jambi city area. The research method is an empirical juridical research type with a legal sociology approach and uses data sources, namely primary legal materials and secondary legal materials. The sampling technique was purposeful sampling and data collection techniques were carried out using interviews and document studies and data analysis was carried out using qualitative analysis. The results of his research are that the factors that influence people to commit prostitution and immoral acts in Jambi City are economic and lifestyle factors, a profitable prostitution business, teenagers having broken home family backgrounds and joining the wrong social groups, the existence of hotels and nightclubs or club. The obstacle in carrying out the effectiveness of Jambi City Regional Regulation Number 2 of 2014 in Eradicating Prostitution and Immoral Acts in the Jambi city area is that criminal sanctions are categorized as light and not as a coercive tool to ensnare perpetrators of prostitution, there is no special authority for the police to carry out criminal sanctions in the Regional Regulation. , there was a leak of information during the raid, the condition of the Youth and Women's Social Home in Talang Bakung was still worrying as it could become a rehabilitation place for prostitutes, there was resistance from the community around the prostitution localization to close the prostitution localization, there was foreign culture coming in such as promiscuity. An effort to overcome obstacles in reducing the number of prostitution and immoral acts in the Jambi city area is that the Jambi City Government closes down the localization of prostitution in the city of Jambi, then carries out socialization of Regional Regulation Number 2 of 2014 to the people of Jambi city, the Jambi city government and the Jambi City Civil Service Police Unit. coordinating with the TNI and Polri in carrying out raids as well as the role of the community or parents in supervising their children when using cellphones.
Pembiayaan Berbasis Kekayaan Intelektual Akibat Wanprestasi oleh Para Pelaku Usaha Ekonomi Kreatif Manggala, Ferdiansyah Putra; Dewi, Vinka Kurnia
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.v8i1.1398

Abstract

The objects of debt collateral are generally objects that have a exists for (tangible asset) such as land, buildings, vehicles and so on. However, in Law concerning the Creative Economy, precisely in Article 16, it is explained that the government facilitates intellectual property-based financing schemes that have economic value for creative economy business actors which will be further regulated in a government regulation. In terms of supporting the use of intellectual property as collateral objects to obtain credit, the government issued Government Regulation no. 24 of 2019 concerning Implementing Regulations of Law concerning the Creative Economy. So that creative economy actors in this case can take advantage of these facilities to develop their potential. Based on this background, the author formulates two problem formulations, namely: how are intellectual property rights (IPR) regulated for creative economy businesses as objects of debt collateral? What are the resolution efforts if a dispute occurs due to default by creative economy business actors? This thesis research uses normative juridical methods with a statutory approach (statue approach) and conceptual approaches. The legal materials used are primary legal materials and secondary legal materials using the library study method of collecting legal materials with research analysis using deductive methods.
Putusan Mahkamah Konstitusi Nomor 85/PUU-XX/2022: Badan Peradilan Khusus Perkara Perselisihan Hasil Pemilihan Gubernur, Bupati dan Walikota Yarni, Meri; Indara, Rona; Irwandi, Irwandi; Prasna, Adeb Davega; Juliani, Lauri
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.v8i1.1467

Abstract

The purpose of this research is to determine and analyze the balance of Constitutional Court Judges in Decision Number 85/PUU-XX/2022 and the legal implications of Decision Number 85/PUU-XX/2022 on special courts for resolving disputes over election results. The research issues include: 1) What are the considerations of Constitutional Court Judges in Decision Number 85/PUU-XX/2022? 2) What are the legal implications of Decision Number 85/PUU-XX/2022 on special courts for resolving disputes over election results? The research method used in this thesis is normative juridical, meaning the research starts from legal issues by analyzing legal problems through legislation, literature, and other reference materials. This thesis employs several approaches, including legal approach, conceptual approach, and case approach. The results of the discussion in this study indicate that: 1) Legal considerations underlying the Constitutional Court Decision include the absence of a special court designated by the President/Government and the DPR to handle disputes over the results of regional head elections, fundamental changes to Article 157 in three amendments to the Regional Head Election Law; the history of the development of authority in resolving disputes over election results in the Constitutional Court; and the elimination of differences in the election regime for both general elections and regional head elections. 2) The implication of constitutional Court Decision number 85/PUU-XX/2022 are, firstly, it removes the role of special judicial bodies in handling disputes over regional elections results” Secondly, there is inconsistency in the Constitutional Court’s decisions, as it previously mandated that settling regional election disputes (PHPUD) is not within the authority of the Constitutional Court. Thirdly, there is a pilin gup of election-related cases in the Constituional Court.

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