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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.
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Articles 525 Documents
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Analisa Yuridis Tentang Legalitas Alat Pembuktian Dalam Pembatalan Sertifikat Hak Milik Dan Kewenangan Badan Peradilan (Studi Kasus Putusan PN Surabaya Nomor 810/Pdt.G/2014/PN.Sby) Darmawan, Marchelo Ivan; Suryawati, Nany
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.v8i1.1442

Abstract

Legal problems in the land sector occur very often, especially in this situation, land is something that has high economic value. This can trigger land disputes between groups of people in wider society. These disputes or conflicts will give color to people's lives where increasing population growth will increase the responsibility for land demand. Land disputes are disputes that are basically included in the civil section unless there are criminal or legal elements to the land dispute or conflict. This research is normative juridical research. The normative juridical method is a research method for legal science which is carried out to research with library and secondary materials to study the types of legal rules and regulations that have a formal character, namely laws, regulations and literature which are filled with theoretical concepts based on legal approaches. invite. Many land issues end up being resolved in state courts. The case discussed in the writing of this article is the SURABAYA District Court Decision No. 810/Pdt.G/2014/PN.Sby which in its decision stated that the Certificate of Ownership in the case did not have the power of proof according to the law and decided to cancel the Deed of Sale and Purchase which was presented in front of Notaries and PPATs, which are the authority of civil judges to cancel deeds of sale and purchase made in front of Notaries and PPATs, however, civil judges cannot cancel certificates as regulated in SEMA No. 10 of 2020, General Civil Affairs/2/SEMA 10 2020
Pengawasan Pelaksanaan Akad Notaris pada Perbankan Syariah oleh Dewan Pengawas Syariah Sari, Putri Wulan; Santoso, Budi
Wajah Hukum Vol 8, No 2 (2024): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i2.1595

Abstract

The rapid development of Islamic banking institutions must be supported by effective supervision so that operations are more efficient, so the Sharia Supervisory Board was formed by the National Supervisory Board (DSN) to oversee the application of sharia principles in Islamic banking.  This research aims to find out the role of the Sharia Supervisory Board in supervising Islamic financial institutions in Indonesia and the Sharia Supervisory Board (DPS) related to supervising the implementation of contracts by Notary. The method used in this research is doctrinal legal research method using secondary data related to Islamic banking. The results of this study indicate that DPS supervision in Islamic banking is not optimal, which has an impact on the supervision of contracts in Islamic banking, as seen from the many problems in Islamic banking in the form of contract violations contrary to sharia principles. The conclusion of this problem is that the Sharia Supervisory Board (DPS) has not optimally carried out its supervision according to its rules to ensure compliance with sharia principles, as supervisors of Islamic banks must oversee every stage of the financing process to ensure the legal protection of their customers.
Tinjauan Yuridis Hak Royalti Sebagai Harta Bersama dalam Perkawinan Maulidina, Alfi Dianti; Purwanto, Aldira Mara Ditta Caesar
Wajah Hukum Vol 8, No 2 (2024): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i2.1554

Abstract

There are two concepts regarding marital assets according to the legal system in Indonesia, namely in the form of personal assets and joint assets. The correlation between marital property and IPR includes the legal and economic relationship between joint ownership of certain assets and the protection of creative or innovative rights. This research was conducted using normative research methods using statutory, conceptual and case approaches. The purpose of this research is to find out the position of royalties as marital property according to marriage law in Indonesia and to find out about the legal measures that can be taken by the parties regarding royalty rights as marital property in the event of a divorce. The research show that Copyright is a material right, so it can be concluded that Royalties fall into the category of intangible movable objects. Royalties which are intangible movable objects have value as joint assets. Then, dispute resolution regarding joint assets can be carried out through litigation and non-litigation processes. In practice, the division of joint assets can usually be resolved amicably, but if there is no agreement it will result in a legal process involving filing a lawsuit with the Religious Court. In terms of the division of marital property, it is regulated in the Civil Code, Marriage Law, and the Compilation of Islamic Law and the judge's considerations are based on the value of justice.
Penegakan Hukum Pidana Anak Sebagai Pelaku Perundungan dalam Perundang-Undangan di Indonesia Rusmana, I Putu Edi
Wajah Hukum Vol 8, No 2 (2024): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i2.1500

Abstract

Children are the nation's next generation and play an important role in nation development. In life, children cannot be separated from perfection in terms of physical or mental life. These physical or mental deficiencies can become material for bullying by other children which can disrupt the child's survival and peace. In enforcing criminal law to stop bullying by children, the government issued Law Number 23 of 2002 concerning Child Protection, and amendments were made to Law Number 35 of 2014 concerning Child Protection to accommodate the increasing number of child crimes. The research method used is normative research which focuses on a legislative approach and a conceptual approach. After collecting the results of this research, it is then developed through an interpretive approach. The conclusion that can be drawn from this research is that bullying is any action or behavior carried out with the aim of causing injury. This harm can be physical, psychological, emotional, or verbal. Bullying behavior combines several criminal acts in the Criminal Code and for children using the Juvenile Criminal Justice System Act. The second conclusion is that children who are accused of bullying are threatened with criminal sanctions. According to the Juvenile Criminal Justice System Law, cases of bullying committed by teenagers can be brought to court and the judicial process will be carried out according to the law for children.
Tinjauan Kriminologis terhadap Tindak Pidana Penelantaran Anak Oleh Orang Tua di Kepolisian Resor Kota Jambi Fauzia, Nur; Hisbah, Hisbah; Lestari, Dini Ayu
Wajah Hukum Vol 8, No 2 (2024): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i2.1609

Abstract

Child neglect by parents is very often found in society, including in Jambi. Based on data from the Women and Children Protection Unit (PPA) of the Jambi City Police, in the 2020-2022 period there were at least 8 (eight) cases of child neglect. For this reason, the author will examine this problem with the help of criminological science to obtain conclusions regarding the factors that cause the crime of child neglect, the obstacles faced by the Jambi City Resort Police PPA, and also efforts to overcome them.  The research method used is empirical juridical with interview techniques. The results of related research suggest that the factors causing the crime of child neglect by parents in Jambi City are economic factors, internal family factors and also environmental factors. The obstacles faced by the Jambi City Police PPA Unit in handling the crime of child neglect by parents are difficulties in collecting evidence and witnesses and related parties not being cooperative. Efforts to overcome this criminal act are pre-emptive, preventive and finally repressive.
Penegakkan Hukum Bagi Pelanggar Lalu Lintas dengan Sistem Electronic Traffic Law Enforcement (ETLE) Alamin, Patrick Assyauqi Lil; Rochmani, Rochmani
Wajah Hukum Vol 8, No 2 (2024): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i2.1535

Abstract

The ETLE system is an attempt by law enforcement to use information technology to record infractions of the traffic laws and provide electronic support to maintain traffic safety and order. The goal of ETLE's introduction is to end unlawful collecting during the ticketing procedure by careless police personnel. The formulation of the research problem is how the ETLE mechanism handles traffic infractions, if it can successfully lower the amount of traffic infractions, what are the barriers to system implementation, and how the general public feels about system implementation. This research aims to analyze the ETLE mechanism in resolving traffic violations, whether the existence of an ETLE system can reduce the level of traffic violations, obstacles to implementing ETLE, and the public's views on implementing the ETLE system. The research method that will be used is empirical juridical. The data used was obtained through direct interviews between the author and respondents, documentation, and focused observations on case studies related to law enforcement for traffic violators using the ETLE system. The results of the research show that the ETLE mechanism in resolving traffic violations makes things easier for the police and the public who are ticketed, besides that the ETLE system can effectively reduce the level of traffic violations in the city of Semarang. The obstacle to implementation is the discovery of violations where the vehicle is not registered or does not have clear ownership identity. Based on direct research in the field, ETLE is seen by the public as very effective with a percentage of 80% and 20% less effective.
Analisis Yuridis terhadap Perjanjian Kerja Waktu Tertentu (PKWT) dalam Hubungan Kerja (Studi Kasus pada PT. Gratia Jaya Farma) Dilaga, Daniel Dikya; Saputra, Arikha
Wajah Hukum Vol 8, No 2 (2024): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i2.1455

Abstract

The demographic bonus period in Indonesia has an impact on the availability of workers of productive age for companies. The weak position of workers in employment relations means that many workers do not get their rights as they should. In this case, the working relationship between PT. Gratia Jaya Farma and its employees who use a Specific Time Work Agreement (PKWT) should be based on the laws governing employment in Indonesia. Thus, this research aims to explain more specifically the contractual relationship in the implementation of a Specific Time Work Agreement (PKWT) at PT. Gratia Jaya Farma from a positive legal perspective. The type of research used is sociological juridical with qualitative analysis techniques. This research was carried out at PT. Gratia Jaya Farma, with data sources in the form of interviews with relevant informants and secondary data in the form of literature reviews, journals and other documents. The results of the research show that the implementation of the Specific Time Work Agreement (PKWT) at PT. Gratia Jaya Farma is largely in line with Government Regulation Number 35 of 2021 and other provisions. Things that are implemented include the terms and conditions for the validity of the work agreement, the nature and type of work, the rights and obligations of the parties and so on. Meanwhile, provisions that have not been implemented and inhibiting factors must be evaluated in order to create a good working relationship.
Single Regulator dalam Multi Bar Organisasi Advokat Untuk Masa Depan Advokat yang Independent Diar, Adithiya; Alifri, Aqshal Habibillah; Bintang, Muhammad
Wajah Hukum Vol 8, No 2 (2024): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i2.1589

Abstract

Several multi-interpretive provisions in the Advocate Law are considered to violate the constitutional rights of advocates to carry out their profession. Over the years, this has resulted in quarrels and disputes between advocates regarding organizational matters, this of course has an impact on advocates, new advocates and also people seeking justice. The research method used in this research is the normative juridical method. This research is included in descriptive analysis research, aiming to describe carefully the single bar organization, history, debates, rules of advocates. The single bar system must be interpreted as an organization that accommodates all advocates, starting from education, oaths, codes of ethics and enforcement of codes of ethics. advocates so that there are clear standards to guarantee that lawyers are qualified and recognized by the state to be able to proceed in court. Judging from the institutional perspective of advocate organizations at the present time, it can be said that they are still not organized. The main factor is the lack of clear standardization in carrying out their authority as an advocate. With government intervention in efforts to form a single forum for advocate organizations as mandated by the Advocate Law, this will be realized. The government or state can do this because it has the power to form legal products, namely laws, including the Law on Advocates. The ideal concept in this research shows that the institution of a multi-bar advocate organization with a single regulator can restore the dignity of advocacy as a noble profession or nobile officiating.
Akibat Hukum Kontrak Elektronik yang dibuat dalam Bahasa Asing Sari, Hani Puspita; Purwanto, Aldira Mara Ditta Caesar
Wajah Hukum Vol 8, No 2 (2024): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i2.1515

Abstract

Decisions to cancel foreign-language contracts in Indonesia are often linked to non-compliance with the valid terms of the contract regulated in Article 1320 KUH Perdata. The use of language in electronic contracts has become an important issue because the valid conditions of an electronic contract in Article 47 PP No. 71 Year 2019 refer to the valid contractual conditions in Article 1320 KUH Perdata. Furthermore, the absence of legal regulation over non-compliance with the obligation to use the Indonesian language in electronic contracts in Indonesia can create legal uncertainty. This research aims to determine the legal consequences regarding the validity of electronic contracts made in a foreign language in Indonesia. The research method uses normative law research with a five-month activity plan and focuses on non-Indonesian-speaking electronic contract law-related research. This research uses primary, secondary, and non-legal material and is carried out in the library. The result of this study is that although there are no special provisions on the legal consequences of foreign-language contracts, the legal effect is cancellation, cancellation by law, or even remaining in force as long as there is no bad faith or misconduct from the parties.
Penggunaan Merek tidak Sesuai Dengan Merek yang Didaftarkan (Studi Kasus Antara PS GLOW Melawan MS GLOW) Hasan, Umar; Maryanti, Fifin
Wajah Hukum Vol 8, No 2 (2024): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i2.1428

Abstract

It often happens that trademarks are used that are not in accordance with those registered, which can lead to trademark infringement lawsuits. An example of this case is the dispute between PS GLOW and MS GLOW at the Surabaya Commercial Court. The method in this research uses a statutory approach with a duration of 6 months, focusing on the problem of using brands that are not in accordance with those registered, especially in the case of PS GLOW versus MS GLOW. The primary legal material used is Law Number 20 of 2016 concerning Trademarks and Decision Number 2/Pdt.Sus.HKI/Merek/ 2022/PN. Niaga Sby, secondary legal materials include related books and articles. The research was carried out in the literature using data collection techniques through document study and the data analysis was qualitative analysis, which in this research was only in the form of narratives. The result was a case between PS GLOW and MS GLOW related to trademark infringement in accordance with Article 83 Paragraph (1) of Law no. 20 of 2016. The panel of judges decided that MS GLOW illegally used a brand similar to PS GLOW, as stated in Decision Number 2/Pdt.Sus.HKI/Merek/2022/PN.Niaga Sby on 12 July 2022. This decision was based on expert statement stating that the use of unregistered marks is not protected by law so it can lead to infringement lawsuits and reflects bad faith, so clear regulations regarding the use of marks are needed.

Page 39 of 53 | Total Record : 525

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