WAJAH HUKUM
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.
Articles
525 Documents
<![CDATA[Permohonan Itsbat Nikah Untuk Perkawinan Kedua oleh Istri yang Bercerai di Luar Pengadilan Agama (Studi Kasus Padang Pariaman) ]]>
<![CDATA[Fauza, Nurul]]>;
<![CDATA[Yaswirman, Yaswirman]]>;
<![CDATA[Najmi, Najmi]]>
<![CDATA[ Wajah Hukum Vol 8, No 2 (2024): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.33087/wjh.v8i2.1449
<![CDATA[Divorces outside the court often occur, resulting in the marriage status remaining valid according to Indonesian positive law. This leads couples who wish to remarry to do so clandestinely and seek marital validation through the religious court. Therefore, the purpose of this research is to understand the process of resolving itsbat nikah petitions for second marriages by wives who divorced outside the court and the legal consequences for the parties from the rejection of itsbat nikah by the religious court. This research employs an empirical juridical method focusing on field realities related to applicable legal aspects. Data analysis is conducted qualitatively to depict the research subjects and objects, with theories developed from the acquired data. The research findings indicate that the itsbat nikah process begins with a petition to the pusbakum, revealing that the couple were single before their secret marriage in 2007. However, during the trial, it was revealed that the wife had legally married in the Office of Religious Affairs (KUA) in 2004 and divorced outside the court in the same year, resulting in the rejection of the itsbat nikah petition. Consequently, the wife's post-divorce iddah maintenance rights are lost, but the child's legal status remains recognized, in accordance with Constitutional Court Decision No. 46/PUU-VII/2010.]]>
<![CDATA[Prinsip Kerahasiaan dan Prinsip Kehati-Hatian dalam Perlindungan Data Nasabah Bank Syariah ]]>
<![CDATA[Farrun, Ravena ida]]>;
<![CDATA[Purwanto, Aldira Mara Ditta Caesar]]>
<![CDATA[ Wajah Hukum Vol 8, No 2 (2024): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.33087/wjh.v8i2.1542
<![CDATA[Islamic banks conduct their business activities in accordance with the provisions of the Sharia Banking Law, adhering to the principles of confidentiality and prudence, which are fundamental to gaining customer trust. The business activities of Islamic banks involve the collection of funds (funding) and financing (lending) based on customer trust. In addition to trusting the bank with their funds, customers also trust the bank with their sensitive personal data, which must be protected as bank confidentiality according to Article 41 of the Sharia Banking Law. This study employs a normative juridical method to examine the principles of confidentiality and prudence in the business activities of Islamic banks in protecting personal data. The study utilizes primary and secondary legal materials, reviewing literature from previous research and conducting interviews. The research findings indicate that a data breach caused by a ransomware attack experienced by BSI threatens the bank's reputation. BSI must implement data protection measures to restore customer trust through confidentiality agreements. BSI also standardizes all banking systems used. Customers affected by data breaches can file complaints with BSI and the Financial Services Authority (OJK) as the supervisory body, and the bank must protect customers as stipulated by the regulations.]]>
<![CDATA[Akibat Hukum Adopsi terhadap Waris Menurut Kompilasi Hukum Islam ]]>
<![CDATA[Amelia, Risky]]>
<![CDATA[ Wajah Hukum Vol 8, No 2 (2024): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.33087/wjh.v8i2.1553
<![CDATA[Children are the fruit of love that every married couple dreams of, but many couples experience challenges in having children. For many husbands and couples who have been married for a long time but have not been blessed with a child, adoption is the best alternative. However, many problems arise as a result of this implementation; One of the roots of the problem is that many people still do not know about the adoption process, how inheritance is distributed to adopted children, or how the rights of adopted children comply with the general description of Islamic inheritance law. Many problems occur in society because many people do not know about the rights of adopted children or how to submit a formal claim so that their rights are recognized by the state. In the Compilation of Islamic Law, it is stated that a child's lineage must be carried out by his adoptive parents when he marries and inherits. As a result, adopted children have difficulty understanding their legal position. This research uses normative jurisprudence, namely library research using existing books and references. The solution to problems involving adopted children and adoptive parents is for adoptive parents to understand the legal laws and children's rights as stated in the Compilation of Islamic Law which states that adopted children have the same rights as biological children, including knowing their life history, parents his birth, and the religion of his biological parents and that he was adopted by his adoptive parents.]]>
<![CDATA[Tanggung Jawab Direksi Atas Keputusan Bisnis yang Merugikan Pihak Ketiga dalam Hukum Perseroan Terbatas Indonesia ]]>
<![CDATA[Damanik, Saka Baja Pratama]]>
<![CDATA[ Wajah Hukum Vol 8, No 2 (2024): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.33087/wjh.v8i2.1497
<![CDATA[This research aims: to find out the responsibility of the Board of Directors for business decisions that harm third parties in Indonesian limited liability company law; The problems in this research are: what is the responsibility of the Board of Directors for business decisions that are detrimental to third parties in Indonesian limited liability company law; The research method used is the normative juridical research method and the approaches used are the Conceptual Approach and Legislative Approach.. Analysis of the legal materials used in this research was carried out using descriptive analytical research methods, the data analysis used was a qualitative approach to primary and secondary data. The results of the research show that under Indonesian Limited Liability Company law, third parties can only hold the Directors' personal responsibility to the extent of the Directors' actions in making incorrect financial reports and the Directors' actions which caused the Limited Liability Company to go bankrupt. Apart from wrongdoing in preparing financial reports and causing the Limited Liability Company to go bankrupt, the Directors are not personally responsible for losses to third parties caused by legal violations committed by the Limited Liability Company, even if the violation originates from the Directors' business decisions.]]>
<![CDATA[Akibat Hukum Gugatan Kejaksaan Negeri Tanjung Jabung Barat Terkait Pencabutan Kekuasaan Orang Tua ]]>
<![CDATA[Hariss, Abdul]]>;
<![CDATA[Zulfikar, Ahmad]]>;
<![CDATA[Rahmawati, Deska]]>
<![CDATA[ Wajah Hukum Vol 8, No 2 (2024): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.33087/wjh.v8i2.1607
<![CDATA[Parents are the first and foremost institution for children to receive protection, teaching and fulfillment of their rights. However, sometimes parents cannot provide protection and can even become criminals for their own biological children, as stated in the Kuala Tungkal District Court Decision Number: 01/Pid.Sus/2022/PN KLT dated 08 February 2022, which is the basis for the West Tanjung Jabung District Prosecutor's proposal. Lawsuit for Revocation of Parental Power over Children. The problem studied in this paper boils down to what are the legal consequences of the lawsuit for the revocation of parental authority over children by the Tanjung Jabung Barat District Prosecutor's Office (Study of Kuala Tungkal District Court Decision Number 16/Pdt.G/2022.PN.KLT)? The research method used is empirical juridical with interview techniques. Based on the results of research that has been carried out regarding the legal consequences of the Lawsuit for Revocation of Parental Power over Children by the West Tanjung Jabung District Prosecutor's Office as per Kuala Tungkal District Court Decision Number 16/Pdt.G/2022.PN.KLT parents whose power over children has been revoked do not have any power over the child, however the termination of this power does not necessarily sever the regional relationship between parents and children so that the parents, in this case the Defendant/Birth Father, still have the obligation to support the lives of their children.]]>
<![CDATA[Tinjauan Yuridis terhadap Perbuatan Melawan Hukum Pembina Yayasan yang Melakukan Penyalahgunaan Wewenang dalam Pergantian Organ Yayasan ]]>
<![CDATA[Balhmar, Naflah Lukman]]>;
<![CDATA[Purwanto, Aldira Mara Ditta Caesar]]>
<![CDATA[ Wajah Hukum Vol 8, No 2 (2024): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.33087/wjh.v8i2.1529
<![CDATA[The replacement of Foundation Organs is carried out when the term of office of the foundation organ has expired and is not re-elected or when the foundation organ has committed acts deemed detrimental to the foundation by the foundation founder as conducted based on the foundation founder's meeting. If the foundation meeting is not held in accordance with quorum provisions stipulated in the Foundation Law and the Articles of Association, then the founder must be held responsible for his actions. This study was conducted using normative research methods. The results show that the unlawful act committed by the founder in the replacement of foundation organs is the abuse of authority by not adhering to the quorum provisions of the founder's meeting by 2/3 of the founder members, while the responsibility for the unlawful acts refers to civil liability in accordance by Article 1365 of the Civil Code. The legal consequences of such unlawful acts on the foundation organ include the occurrence of dualism in the management of the foundation, the invalidity of decisions made by the newly appointed organ which was unlawfully appointed, and damages to third parties.]]>
<![CDATA[Perlindungan Hukum terhadap Pihak Debitur dalam Perjanjian Fintech (Financial Technology) ]]>
<![CDATA[Habibi, Habibi]]>;
<![CDATA[Rosmidah, Rosmidah]]>;
<![CDATA[Qodri, M. Amin]]>
<![CDATA[ Wajah Hukum Vol 8, No 2 (2024): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.33087/wjh.v8i2.1544
<![CDATA[Legal protection for debtors who use standard clauses in fintech (Financial Technology) agreements and legal certainty for fintech (Financial Technology) debtors. This research is a normative research. The research approach is legislation, conceptual, case. The research method used in this study is using a legal sociology approach with an activity plan carried out in this study for 8 months. The materials used in this study are primary legal materials and secondary legal materials and use data collection techniques used in the form of inventory, systematization and interpretation which are descriptive analysis. The results of the study indicate that the issuance of Law Number 21 of 2011 concerning the financial services authority marks the significant development of legal protection for debtors. Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions in Article 18 paragraph (1) determines that Electronic Transactions are stated in an Electronic Contract that binds debtors in an agreement. So that with the existence of a binding contract, there are legal consequences for the debtors, where the debtors have rights and obligations which if violated or not fulfilled, legal action can be taken in the form of filing a lawsuit either in court or outside the court.]]>
<![CDATA[Kepastian Hukum dan Kekuatan Pembuktian Sertipikat Tanah Elektronik ]]>
<![CDATA[Siregar, Tania Tri Dewi]]>;
<![CDATA[Sudarti, Elly]]>;
<![CDATA[Bakar, Firdaus Abu]]>
<![CDATA[ Wajah Hukum Vol 8, No 2 (2024): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.33087/wjh.v8i2.1658
<![CDATA[The purpose of this research is to analyze the legal certainty and evidentiary strength of electronic certificates against land rights holders as a valid proof of ownership, which is generally in physical form. Based on the UUPA and PP 24/1997, land certificates in the form of documents hold the position of written evidence. However, the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency has issued a policy regarding electronic certificates regulated in the Ministerial Regulation of Agrarian Affairs and Spatial Planning/National Land Agency Number 1 of 2021 concerning Electronic Certificates. The research method used is normative juridical with an approach through legislation. The research results indicate that the conversion of land certificates from physical to electronic form can only be carried out on land that has already been registered through a data maintenance application submitted by the rights holder. The legal certainty depends on whether or not a request for data maintenance has been submitted. In terms of proof, electronic certificates provide protection to the rights holder as an electronic evidence tool, which is demonstrated in two ways: by showing it directly from the electronic system and also by presenting the printed result.]]>
<![CDATA[Perlindungan Diskriminasi terhadap Disabilitas dalam Lingkup Pendidikan ]]>
<![CDATA[Putri, Filzah Arina]]>
<![CDATA[ Wajah Hukum Vol 8, No 2 (2024): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.33087/wjh.v8i2.1555
<![CDATA[Protection against disability discrimination in education is essential to ensure that all individuals, without exception, have a fair chance to learn and develop. Inclusive regulations and policies as well as data related to the challenges faced by people with disabilities can be the basis for improving the quality of inclusive education in Indonesia and the world. Based on this problem, further discussion is needed regarding how the government's efforts to provide legal protection to overcome acts of discrimination against people with disabilities and how the government can provide fair treatment for people with disabilities to obtain the right to a decent education. The approach methods used are the Statute Approach, the Historical Approach, and the Conceptual Approach. The results of the study show that the government actually still pays less attention to matters related to protection against discrimination against people with disabilities in the scope of education.]]>
<![CDATA[Menakar Kebijakan Pendampingan Self Declare Halal oleh Perguruan Tinggi (Studi Kasus di Universitas Nahdlatul Ulama Sidoarjo dan Uin Maulana Malik Ibrahim Malang) ]]>
<![CDATA[Junaidy, Abdul Basith]]>;
<![CDATA[Ilmiyah, Zainatul]]>
<![CDATA[ Wajah Hukum Vol 8, No 2 (2024): Oktober ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.33087/wjh.v8i2.1556
<![CDATA[This study examines various government efforts to encourage halal product assurance, especially through the creation of derivative regulations and the establishment of the Halal Product Assurance Organizing Agency (BPJPH). However, small to micro-scale business actors still need help, especially related to registration fees and understanding the importance of halal certification. The study aims to explain the role of universities in East Java in assisting halal certification for Micro and Small Enterprises (MSEs) while analyzing the legal aspects and maqashid sharia. Using field research methods and qualitative approaches, it was found that the role of universities is as PPH assistants for MSEs who meet the halal certification criteria through the self-declare route. The implementation of self-declare halal assistance is faced with the obstacle of maintaining the activeness of registered PPH assistants, and there are still business actors who need to meet the requirements in the assistance process, such as lack of information on materials and expired material certification. An effective monitoring system is required to overcome potential errors in the halal certification process. Universities are also expected to be able to create program innovations to strengthen and activate the role of PPH assistants. The government, in this case, especially BPJPH, also needs to create a more consistent policy regarding halal certification registration through the application so that the criteria of the Halal Product Assurance System (SJPH), which is built on five basic principle frameworks (arkanul halal) can be met.]]>
