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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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Model Rekrutmen Direksi dan Komisaris yang Mandiri dan Akuntabel pada Perusahaan Perseroan dalam Kerangka Hukum BUMN di Indonesia Antoni, Antoni
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.v8i2.1603

Abstract

One of the keys to the success of a company, whether private or government owned, cannot be separated from the people who will lead the company. As is the case with BUMN directors and commissioners, they are people who struggle to bring the company to better development. Therefore, in order to find a leader, whether a director or commissioner, it will really depend on what model is used in the recruitment. With the right recruitment model, it is hoped that it can reduce or even eliminate various aspects of certain interests that can arise from the positions that will be held by company leaders (directors and commissioners). The form of recruitment must reflect a form that truly provides clear, clear boundaries regarding the rights and roles of effective, efficient and accountable clarity in accordance with the principles of good corporate governance (GCG). As a result, there is legal clarity and equality for all in conditions of economic progress.
Pedoman Pembinaan Narapidana Pelanggar Tata Tertib Berdasarkan Permenkumham Nomor 8 Tahun 2024 di Lapas Kelas IIA Yogyakarta Risyat, Ibnu Arif; Sutopo, Soleh Joko; Kusuma, Izeda Tendi; Mustikaningtyas, Mustikaningtyas; Widayaningsih, Titi Pratiwi; Marina, Eva; Subekti, Ayuk Rahadhian
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.v8i2.1626

Abstract

Based on the Regulation of the Minister of Law and Human Rights  Number 8 of 2024, security in prisons and detention centers is divided into 3 (three), namely: prevention, action and recovery. Then, the same regulation states that recovery is divided into 3 parts, namely: reconciliation, rehabilitation, and reconstruction. In reality, there is no recovery program regulated by the Directorate General of Corrections so that it can be used as a guideline by all prisons and detention centers regarding the recovery program. So the author created a Guideline for the Guidance of Prisoners Who Violate Order which can then be used as literacy material for all prisons and detention centers in Indonesia. The research method used by the author in this scientific article is normative, which means that research refers to regulations that can be analyzed and then linked to the current situation and after that the author can provide recommendations to be applied in the future. The legal basis in this scientific article is in accordance with the title of the article, namely PERMENKUMHAM No. 8 of 2024 and is linked to Law No. 22 of 2022 Concerning Corrections. This guideline provides an overview of each stage of recovery. Starting from reconciliation which is carried out for 7 (seven) days with emphasis on maximum block placement, mediation, assessment and psychological facilities. Then, rehabilitation which is carried out for 3 (three) months with an emphasis on providing training programs, assessments, and psychological facilities. Finally, reconciliation which emphasizes environmental improvement, assessment, and evaluation.
Implementasi Undang-Undang Nomor 13 Tahun 2022 Tentang Pembentukan Peraturan Perundang-Undangan terhadap Peraturan Daerah Kabupaten Karawang Mengenai Pemindahan Pedagang Kaki Lima Berdasarkan Asas Keadilan Sanih, Sanih; Hidayat, Anwar; Abas, Muhamad
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.v8i2.1600

Abstract

This study focuses on Article 31, Paragraph (1) regarding the analysis of the alignment between the Karawang Regency Regional Regulation No. 4 of 2015 on the Regulation and Empowerment of Street Vendors and Law No. 13 of 2022 on the Formation of Legislation. Street vendors have complained about the high cost of stalls in the new market, which was established by the Regent of Karawang based on the new regional regulation. The research method employed is a normative juridical approach, with a research plan spanning 5 months. The scope of the study includes the relocation and empowerment of street vendors. The legal materials used are secondary legal sources. This research provides recommendations for improving the implementation process and adjusting policies to ensure that the objectives of relocating street vendors are achieved fairly and efficiently. The findings offer insights into how the formation of legislation can be enhanced to better address the needs of street vendors.
Analisis Hukum: Actio Pauliana terhadap Aset Disewakan dalam Kepailitan Sunur, Fransiskus Stefan; Anakotta, Marthsian Yeksi
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.v8i2.1490

Abstract

This research focuses on the legal regulation of leasing in the context of bankruptcy, emphasizing the importance of good faith principles and the application of actio pauliana. Leasing involves managing economically valuable assets through agreements that must comply with the validity requirements under Article 1320 of the Indonesian Civil Code, including the principle of good faith. In bankruptcy cases, the good faith principle is applied through actio pauliana, which grants creditors the right to annul actions by debtors that harm them. This research aims to understand how the Bankruptcy and Suspension of Debt Payment Obligations Law (KPKPU) regulates rental income from bankruptcy assets and the application of actio pauliana to leased bankruptcy assets. The study employs a normative juridical method with legislative and conceptual approaches to analyze the legal certainty of leased bankruptcy assets. The findings show that rental income can be classified as bankruptcy assets under Article 38 of the KPKPU Law, and actio pauliana can be applied if the leasing agreement is made in bad faith, as per Article 1341(2) of the Civil Code and Article 38 of the KPKPU Law.
Pendaftaran Merek yang Memiliki Persamaan pada Pokoknya pada Kelas Berbeda dalam Perspektif Peraturan Perundang-Undangan Putra, Rifqi Pratama
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.v8i2.1480

Abstract

Simply said, a brand is any kind of distinctive symbol or name used in commercial contexts. There is still some gray area in Indonesia's trademark recording rules when it comes to the idea of basically identical trademarks and how to register ones that are quite similar to others in various classifications. From a legislative standpoint, this study intends to explore the notion of fundamental similarities in brands and its restrictions. It will also evaluate the recording of substantially similar trademarks in various classes in Indonesia. Using the framework of UU No 20 of 2016 concerning Marks and Geographical Indications, the study approach employed is normative legal research, which looks at the recording of trademarks in various classes that are basically comparable. Because the idea of similarity in essence is subjective and open to different interpretations by different people, the study's findings reveal that trademark recording requirements are vague on the issue. Nevertheless, while looking at statutory requirements, it is possible to register marks that are essentially similar to existing marks under UU No. 20 of 2016, provided that the marks are in a separate class.
Implementasi Tugas Sekretariat Dewan Perwakilan Rakyat Daerah dalam Mendukung Pelaksanaan Fungsi DPRD dalam Pembentukan Peraturan Daerah di Kabupaten Tanjung Jabung Barat Yanti, Herma; Saputra, Warfian; Aditya, Dickie
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.v8i2.1666

Abstract

As a regional apparatus tasked with supporting the implementation of the DPRD's duties and functions, the DPRD Secretariat is expected to be able to implement these tasks optimally, especially supporting the implementation of the DPRD's main function in forming Regional Regulations. This research aims to see how it is implemented at the West Tanjung Jabung Regency DPRD Secretariat and what factors influence its implementation. The research type is empirical legal research with a socio legal research approach. Primary data was collected through interviews with respondents from the DPRD Secretariat who were determined using purposive sampling, as well as studying documents that had been compiled and were available at the DPRD Secretariat related to the implementation of programs and activities that had been carried out to support the implementation of the DPRD's functions in the formation of Regional Regulations. 2021 to 2023. Meanwhile, secondary data was collected from library sources, namely related laws and regulations, books and journals. The results show that the implementation of the tasks of the DPRD Secretariat of West Tanjung Jabung Regency is not optimal every year. The factors that influence this are mainly the limited human resources of the DPRD Secretariat and several other factors that need to be followed up for future improvements.
Studi Kriminologi terhadap Kejahatan Prostitusi Online Melalui Aplikasi MiChat Ditinjau dari Perspektif Anomie Theory (Studi Kasus Aplikasi MiChat) Sakum, Sakum; Guntara, Deny; Abas, Muhamad
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.v8i2.1602

Abstract

Online prostitution is the practice of prostitution conducted through digital platforms, such as messaging apps or social media, where sexual services are offered and transactions are managed online. Michat is an instant messaging app that allows users to communicate via text, voice, and video. In addition to basic features like private and group chats, Michat also provides options for media sharing and finding new friends. However, this app is sometimes misused for illegal activities such as online prostitution. This study uses a qualitative method with a case study approach to explore how Michat serves as a medium for this crime and how social, economic conditions, and changes in societal values contribute to the phenomenon. The findings of this research suggest that Anomie Theory explains how social disorder and the decline of norms can contribute to the emergence of deviant behavior, including online prostitution. Additionally, the study provides in-depth insights into the causes of online prostitution and offers recommendations for more effective prevention and intervention measures by the government.
Kepastian Hukum Syarat Mantan Narapidana Calon Anggota DPD Pasca Putusan Mahkamah Konstitusi Nomor 12/PUU-XXI/2023 Artyo, Yovereld Alexetty; Salman, Radian
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.v8i2.1512

Abstract

General Election Contestation (Election) is one indicator of the implementation of the ideals of a democratic country. A democratic state certainly cannot be separated from the ideal of the rule of law, because in fact the state of law and democracy go together. This is because a state administration must be based on applicable law, and the law is implemented as much as possible for the community. In order to support the implementation of the rule of law in accordance with the wishes of the people, the concept of democracy is a concept that is no less important. In the context of statehood, it is appropriate for the voice of the people to be represented by representatives of the people in parliament, both central and regional. The people's representatives are elected through elections by stating the conditions that must be met. However, the conditions listed seem inconsistent and there are even aggrieved parties so that they do not show legal certainty. The purpose of this study is to see aspects of legal certainty regarding the requirements for ex-prisoner who want to run in election contestations, especially the selection of individual candidates for DPD members. The method used in this research is juridical-normative legal research or commonly called doctrinal legal research with statute approach and conceptual approach. The results showed that the requirements for ex-prisoner who wanted to run in the election contestation had changed several times as a result of material tests in the Constitutional Court. The change in requirements is the result of an inconsistent change in attitude by the Constitutional Court towards the existence of ex-prisoner requirements when they want to run in election contestations, including the selection of individual candidates for DPD members.
Analisis Pelaksanaan Jaminan Tenaga Kerja Tentang Kecelakaan Kerja dalam Upaya Perlindungan Hukum Berdasarkan Undang-Undang Nomor 6 Tahun 2023 Tentang Cipta Kerja Akhwil, Zainul; S, 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.v8i2.1644

Abstract

It is important to implement legal protection for workers/laborers in the event of work accidents to ensure that workers and their families receive fair and adequate fulfillment of their rights. However, the implementation of protection for workers has not received understanding and awareness among some workers, so maximum cooperative efforts are needed by companies, the government and workers/laborers in implementing Work Accident Insurance (JKK). The purpose of this research is to analyze the implementation of Work Accident Insurance (JKK) for workers/laborers in a company according to the Job Creation Law, then to examine the company's efforts to provide legal protection and fulfill the rights regarding work accident insurance for workers/laborers. from work accidents. The method used is a type of empirical normative research which is descriptive in nature through statutory and conceptual approaches and in the process, it will explore information through secondary legal materials sourced from primary data, secondary data and tertiary data. Data collection techniques were carried out using literature reviews and field studies, sourced from secondary data in the form of interviews and observations, then analyzed descriptively qualitatively to obtain the expected research results. The results of the findings regarding the implementation of Work Accident Insurance (JKK) for workers/laborers in a company according to the Job Creation Law, are in the form of ineffective implementation of K3 standards, marked by suboptimal supervision from management, even though routine inspections are based on variations in tasks, work environment risks, equipment and operational procedures. Then the company's efforts to provide legal protection and fulfill the rights regarding work accident insurance for workers/laborers from work accidents in the form of implementing work accident protection have been implemented in accordance with the provisions of the Job Creation Law Number 6 of 2023 and the Employment Law Number 13 of 2003, However, its implementation has experienced several obstacles due to the lack of awareness among workers regarding the importance of wearing Personal Protective Equipment (PPE), deficiencies in carrying out inspections by labor inspectors, and the absence of effective and firm sanctions from employers which can have a deterrent effect on workers.
Kepastian Hukum Hak Pengelolaan Atas Tanah Badan Pengusahaan Batam terhadap Pendayagunaan Pulau Rempang Anisa, Rada; Supriyo, Agus
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.v8i2.1504

Abstract

The Basic Agrarian Law is a legal reform in the agrarian sector. In the utilization of islands, especially the management of small islands, permission must be obtained. Management Rights are partially delegated to government agencies including Local Governments, State-Owned Enterprises, Regional-Owned Enterprises, PT.Persero, Authority Bodies and other legal entities to be used according to their respective duties. The existence of Land Management Rights (HPL) does not guarantee an island to be utilized by interested parties, including the utilization of Rempang Island which will be used as a National Strategic Project (PSN). The existence of regulations governing special provisions in the management of small islands must also be considered and examined so that some parties do not feel disadvantaged. This research will answer the questions of (1) How is the legal certainty of the Batam Concession Agency's Land Management Rights in the utilization of Rempang Island, (2) How is the Batam Concession Agency's problem in the management and utilization program of Remapang Island. This research uses normative juridical research by reviewing the applicable laws and regulations and using secondary data as the main data.

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