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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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Pemenuhan Hak Atas Kesehatan terhadap Anak Stunting di Jawa Timur dalam Perspektif Hak Asasi Manusia 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.v8i1.1417

Abstract

This research uses a qualitative and normative approach to determine the implementation of children's rights to health in the context of stunting in East Java. This study examines the normative aspects of human rights (HAM) in the context of stunting through policy analysis, in-depth interviews, and document review. The results show that policy implementation does not fully reflect human rights principles and access to health services is uneven in some areas. This study recommends the need for policy reform that is more consistent with human rights principles, as well as increased implementation of interventions to increase the realization of children's right to health. By combining qualitative and normative approaches, this research contributes to a deeper understanding of the challenges and opportunities in realizing children's right to health in the context of stunting in East Java.
Optimalisasi Peran DPRD dalam Pembentukan Peraturan Daerah di Kabupaten Tanjung Jabung Barat Satoso, Sukamto; Hartati, Hartati; Helmi, Helmi
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.v8i1.1474

Abstract

Indonesia has thousands of regulations issued by both the central government and regional governments. Regional regulations were born from the design of regional autonomy which was formed based on the freedom and independence of regions to manage their own households. The essence of the formation of regional regulations is aimed at providing protection and welfare for the community. However, it cannot be denied that there are still many regional regulations that are problematic both in terms of quality and quantity. One of the reasons why many regional regulations are problematic is that regional governments and DPRD are less than optimal in carrying out the legislative functions attached to them. So, to solve this problem, it is necessary to optimize the role of the DPRD in forming regional regulations. This research is empirical juridical research that uses a descriptive approach. The population and sample for this research is the DPRD of West Tanjung Jabung Regency. The purpose of this research is to provide an understanding of the implications of Law Number 13 of 2022 concerning Regulations for the Formation of Legislation on existing Regional Regulations as well as understanding the formation of Regional Regulations using the omnibus law method and it is hoped that this can become evaluation material for the government to overcome the problem of too many regulations (overregulated), overlapping (overlapping). The results of this research are that in an effort to overcome a number of problematic regional regulations, the omnibus law method is a new breakthrough in structuring regional regulations. Structuring regional regulations using the omnibus law method will be more effective and efficient in simplifying the formation of regional regulations and development, producing quality regional regulations and making the implementation of regulations more effective.
Pemenuhan Upah Layak Bagi Pekerja Melalui Penetapan Upah Minimum Pasca Berlakunya Undang-Undang Nomor 6 Tahun 2023 Tentang Penetapan Peraturan Pemerintah Pengganti Undang-Undang Nomor 2 Tahun 2022 Tentang Cipta Kerja Menjadi Undang-Undang Ambarita, Hendra Halomoan; Hartati, Hartati; Yetniwati, Yetniwati; Yanti, Herma
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.v8i1.1403

Abstract

The government has regulated the fulfillment of living wages for workers through the Job Creation Law and Government Regulation Number 51 of 2023 concerning Amendments to Government Regulation Number 36 of 2021 concerning Wages. A living wage is a basic right of workers/laborers that must be fulfilled by employers. The method in this research is that this research is descriptive analysis with the type of research, namely iordischromatid, which uses data sources, namely primary legal materials, secondary legal materials and tertiary materials and the data analysis used is qualitative analysis. The results of this research are that a living wage is a wage that can adequately meet the minimum living needs of workers/laborers and their families. The Job Creation Law and Government Regulation Number 51 of 2023 concerning Amendments to Government Regulation Number 36 of 2021 concerning Wages are regulations that regulate the fulfillment of living wages for workers/laborers. The Job Creation Law mandates that the government establish wage policies as an effort to realize the rights of workers/laborers to a living that is worthy of humanity. This policy includes setting a minimum wage every year. Government Regulation Number 51 of 2023 concerning Amendments to Government Regulation Number 36 of 2021 concerning Wages regulates the formula for calculating minimum wages which includes three variables, namely inflation, economic growth and a certain index (symbolized in the form a). The minimum wage calculation formula regulated in Government Regulation Number 51 of 2023 concerning Amendments to Government Regulation Number 36 of 2021 concerning Wages is expected to encourage an increase in people's purchasing power and realize a living wage for workers/laborers. However, periodic evaluations need to be carried out to ensure that the formula can adequately meet the minimum living needs of workers/laborers and their families.
Perbandingan Bentuk Kelembagaan Program Penjaminan Polis Asuransi Antara Indonesia dengan United Kingdom dan Jepang Novianty, Annisa; Simanjuntak, Kornelius
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.v8i1.1404

Abstract

Insurance company defaults in Indonesia have a negative impact on policyholders. Suing the company for bankruptcy is the last resort for policyholders to obtain compensation from the company's assets, but the enforcement of court judgements is difficult due to obstacles such as abuse of receivership powers. Policyholders' rights are often violated as they do not receive insurance claim payments. Law No. 40 of 2014 requires insurance companies to participate in the Policy Guarantee Programme and establish a Policy Guarantee Agency within two years. However, such an institution has not yet been established in Indonesia. This research compares the Policy Guarantee Programmes in the UK and Japan to show the importance of establishing a similar institution to protect the rights of policyholders. This research uses normative research with a comparative approach and legislation. By studying the sustainability of the Financial Services Compensation Scheme in the UK and the Life Insurance Policyholders Protection Corporation in Japan, the research recommends that the Indonesian government promptly establishes a Policy Guarantee Corporation, either as an independent institution or in conjunction with the existing Deposit Insurance Corporation for the banking sector.
Pembatalan Akta Pembagian Harta Waris Yang Didasarkan Pada Hukum Adat Batak Toba (Studi Putusan Mahkamah Agung Nomor 909 PK/PDT/2019) Simanjuntak, Solagratia Moza Tessalonika; 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.v8i1.1353

Abstract

This research aims to analyze the legal consequences of Supreme Court Decision Number 909 PK/Pdt/2019 on inheritance according to Toba Batak Customary Law, and analyze the role of notaries in making a Deed of Testament containing the will of the confronter to inherit based on Toba Batak Customary Law. This doctrinal research uses secondary data in the form of legal materials relevant to Inheritance Law and Toba Batak Customary Law. The legal effect of the Decision a quo on inheritance based on Toba Customary Law is that the Deed of Testament is declared defective and null and void because it violates statutory provisions. In addition, it can also be stated that there has been a shift in inheritance in the Toba Batak Customary Society, which initially adhered to patrilineal legal norms to begin to accommodate equal rights between sons and daughters. In relation to the role of notaries in the preparation of Testament Deeds based on Toba Batak Customary Law, it can be stated that legal counseling on inheritance must be delivered before making a deed so that the confronter can understand the legal provisions he chooses to use as the basis for inheritance. In addition, the notary can make clauses in the Deed of Testament to clarify the intentions contained in the deed, especially in the context of the distribution of inheritance made based on the last will of the testator.
Penanggulangan Tindak Pidana Pengeroyokan Antar Warga Desa Sirih Sekapur dan Desa Pulau Jelmu oleh Kepolisian Sektor Jujuhan Hartono, M. Rudi; Aditama, Ryan; Purba, Irma Hendriani
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.v8i1.1431

Abstract

A mass attack is a series of demonstrations of crimes carried out jointly by a group that cause non-physical or real harm resulting in injury or befalling someone. In this study the author touches on the Elucidating Scientific strategy, which is a technique that is able to obtain top to bottom information on an event that focuses on cycles and collaborates directly with the item being researched to obtain a broad and precise picture and will. reach a decision, and use Purposive Testing techniques, namely deciding on rarely chosen tests that involve special considerations according to the exploration objectives. Judging from the in-depth investigation, we can conclude that the wrongful act of beatings is remembered as a violation of the community's request as stated in Article 170 of the Criminal Code, where the number of wrongful acts of beatings is due to individual problems between two young people in the city, thus leading to beatings including every inhabitant of the city. This study aims to find out in more depth the efforts to suppress criminal demonstrations of beatings between residents of Sirih Sekapur City and Jelmu Island City carried out by the Jujuhan Police, Cairo Bungo, the deterrence of which is traced in the handling of criminal demonstrations of beatings and efforts to suppress them. Obstacles in handling criminal demonstrations include beatings between residents. Sirih Sekapur City and Jelmu Island City by Jujuhan Police, Bungo Regency. The exploration technique used is exact juridical testing with a social legitimacy exploration approach and a case approach. The information gathering strategy uses interviews. The end of this examination was that the Jujuhan Police, in handling criminal demonstrations of beatings between city residents, carried out training such as sambang, guiding, supervising, monitoring gang training, and fostering good relations between residents by holding football matches. The obstacles faced by the Jujuhan Police in handling criminal demonstrations of beatings between residents were a pessimistic attitude towards the police, the ease of being initiated by the community, and the absence of police. Regarding efforts to overcome obstacles, the Jujuhan Regional Police adopted an interesting strategy, collaborated with the city government, and expanded relief efforts by collaborating with individuals from the police force.
Efektivitas Kebijakan Kedaulatan Pangan di Indonesia Muslih, M
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.v8i1.1517

Abstract

The food sovereignty policy as regulated in the Food Law is intended to support the fulfillment of food security, with requirements for the utilization of local resource potential. In its development, food security is met, however, the use of local resource potential is inferior to the use of imported food, even reaching half of the need for the staple food rice. . This reality must be taken seriously by all parties, because if it is allowed to continue, it will be detrimental to society, even the State of Indonesia, because of the high level of dependence on foreign food. It is necessary to develop legal awareness among the public, government officials and all elements of the nation. Indicators of legal awareness include knowledge of norms, understanding the purpose of norms and willingness to implement norms. For this reason, education, outreach, affirmative action, supervision and role modeling by community/government figures are highly expected. The research method used in this paper is a sociological legal research method, because the object of the research is not legal norms (Food Law), but rather the implementation of the commands of these norms. To obtain data as an object of study and analysis, the data is obtained from direct observations in the field and published observations of other parties which are relevant to the object of study in this paper. The discussion is that the reality of wheat imports reaching 11.33 million tonnes per year is comparable to half (½) of the national rice requirement. This can be interpreted to mean that even though national food security and sufficiency has been achieved, if we look at Article 42 of the Food Law, food sovereignty has not been successful. For this reason, the government and all elements of society must be aware and move together to develop legal awareness of the negative impacts of our dependence on foreign commodities.
Eksistensi Badan Pengawas Pemilihan Umum dalam Pencegahan Praktik Politik Uang pada Pilkada 2020 di Kabupaten Klaten Asmorojati, Anom Wahyu; Harianja, Dian Mutiara
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.v8i1.1336

Abstract

This study aims to determine the roles, find out obstacles, and explicate the efforts of the Election Supervisory Agency (Bawaslu) in preventing the practice of money politics during the 2020 Regional Elections in the Klaten Regency. This research is empirical legal research with direct field research. Its primary data source is data from interviews with the Bawaslu of Klaten Regency. The results of this study indicate that Bawaslu as a state institution has a duty to carry out supervision, including preventing violations in Regional Elections. The role of the Klaten Regency Bawaslu in preventing violations of money politics practices include providing socialization to all elements of society and forming an Anti-Money Politics Village and a Monitoring Village. In its supervision, the Klaten Regency Bawaslu experienced obstacles such as a lack of human resources, limited budget, and low community participation in supervision. The community itself is still afraid to report if they find violations. Therefore, to overcome these obstacles, Klaten Regency Bawaslu utilize social media to facilitate the socialization to the public, invite the public, candidates, and campaign teams to reject all kinds of money politics practices, and form Anti-Money Politics Villages and Monitoring Villages.
Implementasi Hukum Progresif oleh Polri dengan Pendekatan Restorative Justice untuk Mewujudkan Keadilan S, Eko Budi
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.v8i1.1464

Abstract

Injustice arises as a result of previous judicial regulations. The Indonesia National Police's efforts to reduce this problem are guided by progressive law with a restorative justice approach to achieve justice. Restorative justice is a method of handling criminal behavior carried out jointly by perpetrators, victims, perpetrators' families, community leaders, religious leaders, traditional leaders, or other stakeholders, which focuses on restoring the original situation and achieving a just resolution through peace. It is hoped that the National Police can achieve substantive justice through proportional, professional and intellectual law enforcement that combines scientific and progressive investigative models. This research aims to analyze the Indonesian legal paradigm in terms of the concept of progressive law, the implementation of progressive law by the National Police through restorative justice and the crime resolution mechanism through restorative justice. Deductive writing is used to obtain a thorough and in-depth understanding of the problems discussed, with the type of research being normative juridical which is analytical descriptive.
Analisis Yuridis terhadap Urgensi Akta Autentik Notaris dalam Perjanjian Pengalihan Hak Cipta Usak, Usak; Sengi, Ernest; Laike, Reli Jevon
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.v8i1.1355

Abstract

The purpose of this research is to examine importance of setting up copyright transfer agreement and to analyze juridically the urgency of an authentic notary deed in a copyright transfer agreement. The research method used is normative legal research with statute approach. Results of study found that the importance of setting up copyright transfer agreement is guarantee of legal protection of economic rights from creator; guarantee of legal protection to non-creator parties who obtain economic rights as a result of transfer of copyright in whole or in part; and minimize disputes in transfer of Copyright. The urgency of Notary authentic deed in a copyright transfer agreement are: first, Notary profession is bound by law, so it has credibility in making an authentic copyright transfer deed; second, authentic notary deed serves as a means of proof in the event of a copyright dispute; third, through an authentic deed, legal protection can be guaranteed for the parties; fourth, notary authentic deeds can be used as a means of achieving legal goals, namely justice, benefit and legal certainty for the parties who make copyright transfer agreements; fifth, a Notary can have a role as a legal consultant for the parties in making Copyright transfer agreement.

Page 38 of 53 | Total Record : 525

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