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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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Efektivitas Sistem Manajemen Keselamatan dan Kesehatan Kerja (SMK3) dalam Upaya Menekan Angka Kecelakaan Kerja di Kota Batam Romadona, Hanifah Ghafila; Sudirman, Lu; Syarief, Elza
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.v8i1.1402

Abstract

The Occupational Safety and Health Management System (SMK3) is imperative as a preventive measure to mitigate workplace accidents within a company's environment. Indonesia has enacted legal regulations regarding SMK3, specifically Government Regulation Number 50 of 2012 concerning the Implementation of the Occupational Safety and Health Management System. Nevertheless, the existence of these regulations does not consistently enhance workers' awareness of their safety while at work. This research employs an empirical research method, gathering data through literature studies as secondary data and interviews with the safety officer of PT. GPI as primary data. The research findings conclude that PT. GPI has implemented SMK3 in Indonesia. However, the implementation of SMK3 at PT. GPI in Batam cannot be deemed effective due to the presence of workers unwilling to comply with the applied regulations, ultimately leading to workplace accidents. In addressing this situation, the company needs to enhance strictness and supervision of each worker to ensure compliance with every applicable occupational safety and health regulation.
Penegakan Hukum Terhadap Anak Yang Menjadi Tindak Pidana Perdagangan Orang di Kota Tanjungpinang Widiyani, Heni; Dewi, Intan Kumala; Alifiantri, Deswita; Lubis, Dian Putri Patrecia; Rinaldy, Estabella; Lubis, Dara Akika Yuzani; Purnomo, Armando Tri Cahyo; Efritadewi, Ayu
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.v8i1.1349

Abstract

Children are buds, as well as the next generation of young people who have special positions, characteristics and dispositions that ensure the continuity of the nation's existence in the future. Protection efforts are needed to realize children's welfare by distributing guarantees for the fulfillment of their rights and treatment without discrimination. This study aims to describe how legal protection for children as victims of trafficking is based on Law No. 35 of 2014 concerning Child Protection and how sanctions are imposed on perpetrators of child trafficking crimes. The research method used in this study is normative juridical research. The results of this study show the legal protection of children as victims of trafficking based on Law No. 35 of 2014 concerning Child Protection and dignity, and recognition of human rights owned by children. Not only that, sanctions against child trafficking offenders are regulated in Law No. 21 of 2007 concerning the Eradication of Trafficking in Persons.
Pelanggaran Hak Asasi Manusia pada Kasus Sengketa Lahan Perkebunan Tahun 2012 di Kabupaten Ogan Ilir Provinsi Sumatera Selatan Saputra, Angga; Taufiq, Muhammad
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.v8i1.1427

Abstract

Countries all over the world recognize human rights as very important rights and need to be recognized in their constitutions. The protection of human rights is also regarded as an integral part of the rule of law, so States pay primary attention to this concept. Therefore, the security, peace, and stability of a country can be threatened by human rights violations. In this case in Indonesia there are frequent violations of human rights, both serious and mild. One of the allegations of human rights violations was a farmland dispute in Ogan Ilir Province of Sumatra Seiatan which resulted in one victim killed and four people suffered Iuka-Iuka, several human rights were violated, namely: the right to life, the right not to receive cruel treatment, the rights to safety and the rights of the child, and these rights are explicitly guaranteed in Act No. 39 of 1999 on Human Rights.
Analisis Pelanggaran Hukum Pidana Khusus Pemalsuan Dokumen Perjalanan Oleh Warga Negara Asing Fudin, Moh. Zukhruf; Wibowo, Ihwan Nurarif; Yanottama, Muhamad Rian
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.v8i1.1345

Abstract

Indonesia is a rich country and has a strategic location because many travelers pass through it, not a few of whom also have bad desires or goals to disrupt the security and order of the sovereignty of the Indonesian territory. Phenomena that are often found in the context of threatening sovereignty can be found in violations of special criminal law such as criminal acts of falsifying travel documents committed by foreign citizens so that they can enter Indonesian territory. It cannot be denied that they could commit criminal acts that cause unrest among the Indonesian people. Alone. Immigration is an official government institution or agency and is responsible for problems related to the entry and exit of people into Indonesia's sovereign territory. Immigration also requires various preventive efforts to be carried out to limit and even eliminate threats from surveillance, investigations and even investigations in order to uphold Indonesia's sovereignty. Immigration always carries out its immigration function based on Article 1 point (3) of Law Number 6 of 2011 concerning Immigration where immigration carries out its duties in immigration services, law enforcement, state security, and facilitator of community welfare development. In determining various actions, immigration always has clear guidelines based on the legal basis that is still valid from both national and international legal grounds because immigration is always related to the international scope.
Kewenangan Eksekusi Riil Pengadilan Negeri terhadap Perkara Konsinyasi Pengadaan Tanah Bagi Pembangunan untuk Kepentingan Umum Simorangkir, Ronal Roges; Situmeang, Ampuan; Seroja, Triana Dewi
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.v8i1.1419

Abstract

Article 98 of the Government Regulation of the Republic of Indonesia Number 19 of 2021 concerning the Implementation of Land Acquisition for Development in the Public Interest states that in the event that compensation money has been entrusted to the District Court but the party is entitled to the land still controls the land object, execution can be requested, however The final product consignment application case is in the form of a determination and not a decision and the ruling is not condemnatory in nature, thus causing problems. This research is a normative juridical research that only examines primary, secondary and tertiary legal materials such as statutory regulations, both Law Number 48 of 2009 concerning Judicial Power and the Herzien Inlandsch Reglement (H.I.R) / Rechtreglement voor de Buitengewesten (Rbg), Republic of Indonesia Government Regulation Number 19 of 2021, Supreme Court Regulation Number 2 of 2021, books and journals. Data collection techniques using document study and analysis were carried out qualitatively, where the results of this research show that there is authority for the Chairman of the District Court to carry out real executions based on the Theory of Authority, Progressive Legal Theory and the Principle of Social Function, and in the future there must be reconstruction and harmonization of norms related to the execution of Land Acquisition consignment cases. 
Analisa Penerapan Produk Siber Dalam Kasus Penyalahgunaan Narkotika 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.v8i1.1174

Abstract

Narcotics abuse in Indonesia is one of the things that is deemed necessary to be dealt with immediately and even to be detected early through prevention of narcotics abuse itself. Narcotics basically have their own benefits if they can be used properly, especially in the health sector. However, when it reaches the realm of narcotics abuse, it can already be categorized as an act against the law. In this study the authors discuss the role of cyber in the judge's decision on narcotics abuse cases, in this case the discussion focuses on how the location and role of cyber in handling it for the settlement of narcotics abuse cases. This is because cyber is an innovative solution if its use can be utilized in this case and in the current era. The purpose of this study is to determine the role of cyber products in narcotics abuse cases, especially from a legal perspective. The research method used in this study is a normative juridical research method that uses a statutory approach and will get conclusions in the form of an analysis of the role of cyber law in cases of drug abuse. The results of this study found that there were several links to the role of cyber products in solving narcotics abuse cases, especially in the scope of evidence.
Peranan Jaksa Penuntut Umum dalam Pengembalian Barang Bukti Kepada Pihak Korban Tindak Pidana di Wilayah Hukum Kejaksaan Negeri Tanjung Jabung Timur Nuraini, Nuraini; Kartika, Olivia Nindy
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.v8i1.1461

Abstract

The criminal act committed is very closely related to the evidence or goods, while the evidence will be used to prove the criminal act committed before the court by the prosecutor. An item of evidence will be presented at the evidentiary hearing at trial. Regarding evidence, if the trial verdict states that the evidence will be returned to the party who has the rights, then this action is carried out by the prosecutor in accordance with his authority in implementing the judge's verdict which already has permanent legal force and the basis for this implementation is guided by the quote from the judge's decision. This research aims to study the legal regulations on the implementation of the judge's decision regarding the return of evidence and examine the obstacles to returning evidence to its owner by prosecutors. This type of research is empirical juridical research that uses primary data through interviews with the East Tanjung Jabung state prosecutor's office, as well as secondary data obtained through analysis of secondary, primary and tertiary legal materials. From the results of the research, it was concluded that the legal regulations regarding the process of returning evidence for criminal acts in the jurisdiction of the East Tanjung Jabung district court have gone through a process that involves determining the legal force of the decision and making a letter extracting the judge's decision. Generally, an extract of the decision is issued within approximately one week after the inkracht decision. The prosecutor will receive an excerpt from the decision to prepare a BAP for the judge's decision and prepare a BA for the return of evidence. Then the evidence will be handed over to the individual whose name is listed in the text of the decision made by the judge. There are no time provisions governing the collection of evidence by the owner whose name has been mentioned in the contents of the verdict, so the prosecutor must immediately return the evidence, this is due to concerns that the evidence could pile up at the Prosecutor's Office.
Model Pengelolaan Wakaf Produktif pada Masjid dan Pesantren Berbasiskan Hukum Islam dan Peraturan: Studi di Palembang Kencana, Ulya; Gibtiah, Gibtiah
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.v8i1.1344

Abstract

Palembang, the oldest city in Indonesia, has historical religious assets. The mosque has a unique character, built in the 18th century, standing on the bank of the Musi River, founded by a famous charismatic ulama figure, as a waqf treasure and designated as a cultural heritage. The Islamic boarding school is considered the oldest, standing not far from the river with private ownership status. Both assets still exist today, are maintained and continue to develop. The aim of this research is to discover laws regarding regulations, as a basis for a productive waqf management model in developing mosques and Islamic boarding schools in Palembang with legal certainty. This study takes another side regarding the productive waqf management model. Through observations, interviews, and document studies, used to build an analysis as seen in this paper. The data is grouped and analyzed so as to provide a complete explanation of the problem. This study clearly shows a model for developing mosques with waqf status and Islamic boarding schools have private property status, both management models are conventional. Even though there is legal certainty with the Waqf Law, allows managing waqf productively. The findings show that there are no productive waqf management practices, even though there is already a desire for it. This is because the socialization of regulations has not been evenly distributed, This is because the socialization of regulations has not been evenly distributed,
Kekosongan Hukum dalam Hal Mengadili Permohonan Keputusan Tata Usaha Negara Fiktif Positif Alandi, Hansen; Mayasari, Dian Ety
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.v8i1.1441

Abstract

Indonesia established a State Administrative Court to resolve disputes between the government and the community. Initially, the State Administrative Court had the authority to make decisions on accepting positive fictitious applications based on the Government Administration Law, but since the introduction of the Job Creation Law, the authority of the State Administrative Court has been abolished. So there will be a judicial review of the Job Creation Law. Decision Number 10/PUU-XX/2022 is a judicial review of the Job Creation Law. The decision explains that the application cannot be accepted because it is still premature because the Job Creation Law has still been formally revised for two years since 2020. This research is normative juridical research. The result of this research is that there is a legal vacuum in the authority to grant acceptance of positive fictitious applications because the Job Creation Law does not regulate it, so that if the Government still does not regulate this matter, then the Government must create a new institution that can provide decisions on accepting positive fictitious applications.
Sanksi Adat Akibat Kawin Lari pada Masyarakat Desa Pulau Raman Kecamatan Pemayung Kabupaten Batanghari Maryati, Maryati; Indah, Sri Ayu; Rostarum, Triamy
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.v8i1.1453

Abstract

Elopement is not a culture, but there has been a shift in values in the order of social life that occurred in the village of Raman Island. This was triggered by a feeling of dissatisfaction with a decision taken by the woman so that it has an impact on the continuation of the life journey towards marriage. What cannot be achieved is due to the policy of parents being more dominant in determining their children's life partners, so that children do not have the authority to decide for themselves. This is done because of the conditions that make the youth of Raman Island village take a stance which is considered an action to resolve the problems they face which they cannot afford. Resolved well, and the parents' decision regarding the child's rights in making decisions in determining his life partner was defeated by the tenacity of the principles carried out by the woman's parents, they wanted their child to be a candidate who met their expectations, such as having a job and earning an income. which is large enough, so that the child will not have a difficult life in the future. However, the journey of human life, in determining the attitude towards marriage is not easy for a woman, where the child must obey the orders of the parents, the end of all parental decisions has been This has an impact on children, ultimately children take their own stand in dealing with the problems they face. So the shortcut that women take is how they can unite in a household life and from the young man or man because the conditions set by the prospective in-laws are more material because for application capital alone the conditions demanded are very large, the market is 50 up to 75 million, this will not be possible for men because in principle they still have low incomes on average. The salary you get while working is not enough to propose to the person you love, because the opinion you get every month is sometimes not enough, how can you add to the amount of money to propose to someone's daughter. If the conditions set by the prospective bride are too high So this makes the youth of Raman Island village take a stand to find their life partner by eloping. The culture of elopement that occurs in practice is based on behavioral patterns that are based on emotions which are in principle contrary to the existing customs in the village of Raman Island.

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