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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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Tinjauan Hukum Progresif terhadap Kesepakatan Partial Settlement Arresti, Fatma Tria; Zuhriah, Erfaniah; Suryanto, Muhammad Handika
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.v8i2.1522

Abstract

The The partial settlement provision is a new provision in Supreme Court Regulation (PERMA) No 1 of 2016 which has not been regulated in previous regulations, which is an interesting discussion that must be examined from a progressive legal perspective. The aim of this research is to test progressive legal theory regarding the renewal of partial settlement provisions in Supreme Court Regulation (PERMA) Number 1 of 2016. The research method in this research is normative juridical research with a conceptual approach using library data collection techniques or library research. The results of this research show that the update to Perma Number 1 of 2016 concerning partial settlement provisions has fulfilled the basic ideas of progressive law. Partial Settlement Provisions for a portion of the entire object of a case or lawsuit can create ideal law. The parties can resolve the legal consequences that arise peacefully, after the main lawsuit and will reach a happy ending. Partial settlement provisions will realize the function of mediation, namely as a peaceful settlement and provide ample space for the parties to reach a wise and fair settlement.
Perlindungan Hukum terhadap Anak Korban Eksploitasi Secara Seksual dalam Perspektif Peraturan Perundang-Undangan di Indonesia Putra, Denny Mahendra
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.v8i2.1457

Abstract

The problem of sexual exploitation of children is not just a medical issue, but also involves many aspects, including religion, psychology and law. For this reason, this research was carried out with the aim of knowing and analyzing the regulations for legal protection for child victims of sexual exploitation and policy formulation for legal protection for child victims of sexual exploitation in the future. The research method used is normative juridical with a statutory approach, conceptual approach and case approach. Analysis of legal materials is carried out by interpreting, evaluating and assessing all statutory regulations and relevant legal materials. The results show that the regulation of legal protection for child victims of sexual exploitation is not clearly regulated either in Law Number 13 of 2006 concerning Protection of Witnesses and Victims, Law Number 23 of 2002 concerning Child Protection and Law Number 11 of 2012 Concerning the Juvenile Criminal Justice System and policies for formulating legal protection for child victims of sexual exploitation in the future, namely the need to reform the criminal law regarding provisions that prohibit these acts, both in the draft Criminal Code in the future and the revision of Law Number 13 of 2006, Law Number 23 of 2002 and Law Number 11 of 2012.
Penerapan Diversi terhadap Anak Sebagai Pelaku Tindak Pidana Pencurian di Wilayah Hukum Kepolisian Resort Kota Jambi Badri, Mhd.; Sumaidi, Sumaidi; Iswanto, Reza
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.v8i2.1596

Abstract

Many children are now involved in criminal acts, including theft, so the solution needs to be done through diversion. The aim of the research is to understand and analyze the application of diversion to children as perpetrators of criminal acts in the jurisdiction of the Jambi City Resort Police and the obstacles in criminal law in the application of diversion to children as perpetrators of criminal acts in the jurisdiction of the Jambi City Resort Police. For this reason, this research uses a legal sociology approach with an activity design for 6 months whose scope or object in this research focuses on the application of diversion to children who are perpetrators of criminal acts of theft in the Jambi New City Sector Police. The main materials and tools used in this research are primary legal materials that come from the field and secondary legal materials that come from the library, then the place used in this research is the Jambi New City police sector so that the data collection technique is in the form of direct interviews with respondents. which produces an analysis technique, namely qualitative analysis. The results of this research are that diversion has not been applied to children as perpetrators of criminal acts by the Jambi City Resort Police, but there are still several obstacles so that diversion is often failed in achieving this and obstacles in implementing diversion against children as perpetrators of criminal acts of theft in the jurisdiction of the Sector Police. Kota Baru Jambi is where the victim does not want to carry out diversion because they still prioritize the deterrent effect on the perpetrator.
Pemeliharaan dan Pembiayaan Nafkah Anak Pasca Perceraian (Studi Kasus Putusan Nomor 590/Pdt.G/2019/PN.Bks) Lestari, Dhona Indah; Hapsari, Hening
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.v8i2.1520

Abstract

Child care involves both parents, namely the father and mother, as parties who have responsibility for their children, even though some marriages end in divorce. This research aims to find out and examine how maintenance and financing of maintenance for children after divorce occurs according to statutory regulations. Child care after divorce is regulated in Law Number 35 of 2014 concerning Child Protection and Law Number 1 of 1974 concerning Marriage. The research method used is a normative or doctrinal juridical type, namely research that refers to legal norms contained in statutory regulations and norms that apply in community life. The research results in decision number 590/Pdt.G/2019/PN.Bks show that fulfilling children's maintenance after their parents' divorce has not gone completely well. This is because the ex-husband, after officially divorcing, no longer carries out his obligations. The conclusion in this problem is that child support is still not being met and it is necessary to establish an official institution so that there is supervision over the provision of child support after divorce, whether it has really been carried out in accordance with the governing law.
Keabsahan Pemenuhan Suatu Perjanjian yang Tidak Memiliki Alas Hukum Yang Sah Setiawan, Alberich Martin; Suryawati, Nany
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.v8i2.1439

Abstract

The agreement is the main key in helping the interests of each party to meet their needs or interests. This research focuses on the legal consequences of agreements that do not have a power of attorney that cause losses to parties who bind themselves to the agreement. This research uses normative juridical methods with data collected through laws and several articles and journals. Perform a mandatory agreement to meet the applicable conditions in accordance with regulations. Violation of objective terms in article 1320 of the Civil Code may lead to defects in the agreement. This occurs due to the absence of a power of attorney and the signing is not carried out by a company representative who has the authority in accordance with the Limited Liability Company Law. Both of these things make the agreement made invalid and null and void. Further legal consequences can lead to unlawful acts. This occurs because the agreement that should be null and void still continues, causing losses to one of the parties. Losses that are formally and materially experienced by PT. J thus making PT. S is obliged to provide compensation. Compensation cannot be separated from illegal acts due to ongoing agreements that should be canceled by law.
Tanggung Jawab Pemerintah terhadap Kegagalan Percetakan Sawah di Kabupaten Konawe (Studi Kepustakaan) Rais, Noval; Akib, Ma'ruf; Hamzah, Ismi Fadjriah
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.v8i2.1507

Abstract

The Rice Paddy Printing Program in Konawe Regency, Southeast Sulawesi, aims to increase rice production for national food security, but has experienced complex failures, raising questions about the government's legal responsibilities. This research used a normative juridical method with a statutory approach, lasting for 6 months. The focus of the research is the government's responsibility for the failure of rice field printing in Konawe Regency. The main data sources include Law Number 23 of 2014 and Government Regulation Number 26 of 2008, as well as secondary and tertiary legal materials such as books, journals and internet sites. The research location is in Konawe Regency, with data collection techniques through document study and qualitative analysis. The result is an analysis of the failure of the rice field printing program in Konawe Regency, showing that the main problems are lack of coordination between agencies, lack of assistance for farmers, inadequate infrastructure, inadequate planning and weak supervision. The legal consequences of this failure include state losses due to lawsuits from farmers, as well as a decline in public trust in the government. Recommendations for improvement include strengthening coordination between agencies, increasing mentoring and empowering farmers through training, as well as building supporting infrastructure such as irrigation systems and market access.
Pemberian Hak Asuh Anak Kepada Ibu Pasca Perceraian (Studi Kasus Putusan Pengadilan Negeri Sumber Nomor 32/PDT.G/2020/PN Sbr) Irawan, Cindy Haura
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.v8i2.1536

Abstract

Custody of minor children will actually be received by the biological mother. However, in the case in the Decision of the Sumber District Court Number 32/Pdt.G/2020/PN Sbr., there is a fact that post-divorce child custody should be given to the biological father. In this case, although there is strong evidence to support the granting of custody to the father and the mother's living environment is considered unfavorable based on the available evidence. The child's welfare must still be prioritized in determining whether care is carried out by the mother or father. This is because the emotional bonds that children have greatly influence their development in life. The aim of this research is that the author wants to find out whether the factors in granting child custody to the mother in the case of the Sumber District Court Decision Number 49/Pdt.G/2019/PN Sbr can be justified according to the laws and regulations regarding marriage in Indonesia. This research uses a legislative approach using secondary data in the form of primary legal materials and secondary legal materials. The author collected data by conducting a literature study. The research data that has been obtained will be analyzed qualitatively. The result of the discussion of this research is that child custody is still given to the mother because the thing that is considered is not about events before or after the divorce that influence it, but about choosing a figure who makes them feel safe and prosperous, even in an undesirable situation. 
Dampak Kebijakan Alih Daya Undang-Undang Cipta Kerja terhadap Tenaga Kerja di Indonesia Suryanto, Tri; Santoso, Imam 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.v8i2.1486

Abstract

The presence of the Job Creation Law has backfired on the current employment system in Indonesia. The reason is, the presence of the Job Creation Law has become a worry for most Indonesian people, especially workers. In the Job Creation Law in the employment cluster, the public considers that there are many articles that are considered to have the potential to violate workers' rights, such as the regulation of outsourcing as regulated in the previous law, namely the Employment Law. In the Manpower Law, only certain jobs that are not included in the main activities or production processes may be outsourced, except for supporting functions. However, in the Job Creation Law, there are no restrictions on the types of work that can be done by outsourced workers. This happened because Articles 64 and 65 were deleted, as well as modifications to Article 66 in the Manpower Law. Thus, the new regulations allow for an expansion in the scope of work that can be outsourced, including the elimination of permanent job security, thereby allowing all types of work to be carried out through outsourcing.
Penerapan Sanksi Pidana dalam Pasal 504 Kitab Undang-Undang Hukum Pidana terhadap Pengemis di Kota Jambi Wardani, Retno Kusuma; Yuneida, Setly Selva; Dari, Nayu Triska Wulan; Rani, Diana
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.v8i2.1597

Abstract

The government has regulated the handling of beggars on public roads in accordance with Article 504 of the Criminal Code. However, not all beggars in Jambi City receive social rehabilitation from the Social Service, and until now no beggar has been subject to criminal sanctions. The aim of this research is related to the application of criminal sanctions in Article 504 of the Criminal Code against beggars in Jambi City. The research method used is a legal sociology approach so that the design of this activity is carried out over 6 months. The scope or object of this research is about the effectiveness of criminal sanctions against beggars on public roads so that the main materials and tools used are primary legal materials and secondary legal materials. The place used in this research was the city of Jambi and the data collection technique was used by direct interviews with the Jambi City Social Service so that the analysis technique was qualitative analysis. The results of the discussion of this research are that it has not been implemented by the Social Service, the Civil Service Police Unit, and the police due to a misunderstanding regarding the contents of Article 504 of the Criminal Code. This can be seen from the fact that there are still beggars at red light intersections, so fast and appropriate treatment is needed.
Perlindungan Hukum terhadap Pemegang Saham Akibat Dilusi Saham pada Perseroan Tertutup Al Ghany, Gathan Sulthon; 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.v8i2.1526

Abstract

Legal protection for shareholders is an important issue in the context of share dilution in limited liability companies. Share dilution is an event that results in a decrease in the share ownership percentage of shareholders due to the issuance of new shares, with shareholders resulting in losses. This research was conducted using a normative juridical method with a statutory approach and a conceptual approach. This research was conducted to determine the obligations of closed limited companies towards shareholders, as well as the legal efforts that can be taken to obtain compensation or avoid share dilution for shareholders in closed companies. The results of this research show that additional capital causes share dilution, there are also changes to Return On Investment (ROI), and reduced Dividends Per Share (DPS) which causes losses for shareholders. Therefore, shareholders need legal protection, preventively through the board of commissioners by making an anti-dilution agreement for the company through the right to convert the right to purchase securities first to avoid share dilution as regulated in Article 43 paragraph (1) of Law Number 40 of 2007 concerning Limited Liability Companies and share repressive efforts to restore rights can be done by filing a lawsuit with the court as regulated in Article 61 of Law Number 40 of 2007 concerning Limited Liability Companies.

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