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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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Perlindungan terhadap Masyarakat Hukum Adat di Atas Tanah Ulayat dalam Sistem Hukum Pertanahan Sarwani, Raden
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.v8i2.1615

Abstract

One form of wealth for the Indonesian nation is that the existence of Indigenous Law Communities (MHA) are recognized and respected as The rights of the MHA to natural resources, land, and forests have not been clearly regulated in a single legislation, but the MHA's control over customary forests is evident. Several customary forests in Kerinci Regency have been officially designated as customary forests based on the Decree of the Minister of Environment. The control of customary forests requires the recognition and affirmation of the MHA through Regional Regulations based on Law Number 41 of 1999 concerning Forestry. However, the Kerinci MHA, as the rightful owners of customary forests, have not yet received protection and recognition through Regional Regulations, which could threaten their sustainability. The research method used is empirical juridical. The research results show that customary forests in Kerinci Regency have been designated as customary forest areas or rights forests as stated in the Ministerial Decree, which recognizes the existence of the MHA as the rightful owners based on the Decree of the Regent of Kerinci. Although the Regent's Decree does not provide adequate explanations about the status, structure, and customary institutions managing the customary forests, it indirectly acknowledges the existence of the MHA entitled to the customary forests. Meanwhile, regulations on customary forest management should also be adjusted to facilitate protection mechanisms for the MHA. As the region with the most customary forests in Jambi Province, it is hoped that the Kerinci Regency Government can draft Regional Regulations concerning Indigenous Law Communities so that customary forests can be preserved and sustained for future generations.
Problematika Batasan Usia Tindak Pidana Aborsi Juang, Nitha Dini Safitri
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.v8i2.1560

Abstract

Pregnancy outside of marriage is one of the factors contributing to the high number of abortion cases. Sometimes, abortion attempts fail, resulting in the birth of a living baby. It is not uncommon for these newborns to become victims of infanticide due to fear of being discovered as having given birth. This issue becomes particularly compelling when considering the condition of these children, especially infants, whose right to life is being taken away. A further discussion is needed on the age limit for abortion in relation to infanticide, as well as the fulfillment of the legal certainty principle regarding abortion age limits. The research method used is normative juridical with a statute approach and a conceptual approach. The research findings indicate ambiguity in the legal provisions regarding the age limit for abortion. Moreover, there is a need for clearer regulations concerning specific legal provisions related to abortion limits.
Problematika Perundingan Perjanjian Kerja Bersama Antara Pengusaha dengan Serikat Pekerja dalam Rangka Mewujudkan Kepastian Hukum (Ditinjau dari Undang-Undang Nomor 6 Tahun 2023 Tentang Cipta Kerja) Suryanto, Tri; Santoso, Imam Budi; Tinambunan, Wahyu Donri
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.v8i2.1647

Abstract

The implementation of Law Number 6 of 2023, which pertains to Job Creation, has ushered in notable transformations within the employment landscape. The negotiation process for Collective Labor Agreements frequently embodies a complex interplay and conflict of interests between employers and labor unions. Following the implementation of the Job Creation Law, there has been a noticeable widening of disparities in the negotiation content for Collective Labor Agreements. Numerous instances have been observed where negotiations falter and fail to culminate in an agreement before the expiration of the deadline. This study is conducted using a normative juridical approach, focusing on legal analysis through the examination of library resources or secondary data. This study employs an analytical descriptive approach, aimed at offering a detailed examination of the subject matter through the analysis of collected data or samples. This method is particularly applied to explore the dynamics of Collective Labor Agreement negotiations involving employers and trade unions. The investigation took place at PT Astra Nippon Gasket Indonesia, located in Karawang Regency. What influences collective labor agreement negotiations to be hampered are internal factors (differences in interests, wages, termination of employment, inequality and discrimination, changes in policies or working conditions, and trade union membership) and external factors (company intervention, workload, laws and regulations). Consequences if the Collective Work Agreement negotiations are not completed by the agreed time limit and it turns out that no agreement (deadlock) has been reached regarding the substance of the new PKB (next period), then based on Article 123 paragraph (4) UUK by law the PKB currently in force remains in effect for a period of time. a maximum of 1 (one) year. PKB is not just an agreement (in the company), but in time it will become a norm and customary law in a certain scope (contractualist model). In this case, statutory regulations provide legitimacy (binding legal force) for a PKB to remain valid as a custom within the specified period.
Kajian Yuridis terhadap Kerugian yang ditimbulkan Akibat Kecelakaan Perkeretaapian Berbasis Nilai Keadilan Churniawan, Erifendi; Agustriana, Titiek Masdini; Priyanto, Sapto
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.v8i2.1539

Abstract

Railway transportation is one of the mass transportation modes widely used by the Indonesian people. However, train accidents often occur and cause losses to the victims. Therefore, the value of justice becomes very important as a basis for examining the issue of losses due to train accidents. This research aims to analyze the regulation of liability and compensation related to railway accidents in Indonesian law and evaluate whether these regulations are based on the value of justice. This research is a normative legal research that analyzes the relevant laws and regulations using a statutory and conceptual approach. The type of data used is secondary data in the form of primary legal materials such as laws and government regulations, as well as secondary legal materials such as books and journals, using analytical-prescriptive descriptive qualitative analysis methods. The research results explain that the regulation of liability and compensation related to railway accidents in Indonesia is regulated in several laws and regulations such as the Railway Law, Government Regulations, and related ministerial regulations. In general, these regulations require railway facility operators to provide compensation to service users who suffer material and immaterial losses due to accidents caused by the operator's fault. The amount of compensation is determined based on the calculation of losses suffered by the victim, considering factors such as medical expenses, loss of property, and physical or psychological suffering. Although it attempts to accommodate the values of justice, there are still shortcomings in terms of unclear criteria, types, and amounts of compensation that must be given, as well as the potential for differing interpretations or inconsistent implementation, which could lead to injustice for accident victims.
Upaya Penyelesaian Konflik Lahan Perkebunan PT. Bukit Barisan Indah Prima dengan Koperasi Unit Desa Harapan Baru di Kelurahan Simpang Tuan Kecamatan Mendahara Kabupaten Tanjung Jabung Timur Maryati, Maryati; Rostarum, Triamy; Puspita, Sri Ayu Indah
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.v8i2.1643

Abstract

Conflict over plantation land is one of the plantation problems that cannot be resolved from time to time, which continues to make the community around the company anxious. Humans are categorized as individual creatures and as social creatures, inseparable from social relationships among other humans. This concerns each other's interests in interacting in society. As long as humans have different interests, conflict will always accompany them wherever they are. Conflict originates from a person's dissatisfaction with another person in terms of form or basic human needs (basic human needs), as stated, every human being has an interest in being able to have a desire to fulfill basic needs. For example, human material needs in the form of wealth can develop into needs for power, status and so on. As we all know, almost everyone has their own interests, both for themselves and their group. Differences in interests are one of the main factors that can trigger social conflict in society. One way of social conflict is the perception of differences in interests (perceived divergence of interest), or a belief that the aspirations of the conflicting parties cannot achieve the goals that have been agreed upon or achieved simultaneously. This means that the occurrence of a social conflict is caused by many factors so that the conflict is complex, involving various elements of society in it.
Peran Dinas Kesehatan Bojonegoro dalam Pengawasan Izin Praktik Tenaga Teknis Kefarmasian di Apotek Ummah, Rohmatul; Alamanda, Asri Elies
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.v8i2.1591

Abstract

This study aims to determine the role of the Bojonegoro Regency Health Office in Supervising the Pharmacy Technical Staff (TTK) Practice Permit at Pharmacies and the legal consequences received by Pharmacists as Pharmacy Manager Pharmacists (APA). This research is normative-empirical legal research (applied normative law), with a qualitative approach, combining a normative legal approach with the addition of various empirical elements. The data collection method used in this research is information obtained directly in the field in the form of interviews and document studies from various sources related to legal norms. The results showed that socialization, monitoring and guidance were gradually implemented by the Bojonegoro District Health Office if there were new rules and/or regulations from the government. There is a direct inspection to the field, but it is not optimal, because there are obstacles, namely the lack of Health Human Resources at the Health Office. The legal consequences received by pharmacists from violations of the governing laws and regulations include administrative sanctions, disciplinary sanctions, and criminal sanctions. The conclusion that can be drawn is that the Supervision of Utilization of TTK Practice Permits in Bojonegoro Regency in its implementation is still not optimal because the Bojonegoro Regency Health Office cannot carry out Supervision routinely due to the lack of Health Human Resources at the Bojonegoro Regency Health Office. As well as the legal consequences that can be received ranging from administrative, disciplinary, to criminal sanctions.
Penyelesaian Ganti Rugi Tanah Milik dan Tanam Tumbuh Pengadaan Tanah Lahan Pengembangan Cagar Budaya Nasional Kabupaten Muaro Jambi Hariss, Abdul; Fauzia, Nur
Wajah Hukum Vol 9, No 1 (2025): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v9i1.1822

Abstract

Procurement of land for public purposes is the implementation of the social function of land rights. Therefore, every person who has rights to land is required to relinquish his rights to land for the sake of the public interest, including the interests of the nation and state as well as the common interests of the people. For the procurement of land for public purposes, each person is entitled to compensation from the state as occurred in the procurement of land for development of the National Cultural Heritage of Muaro Jambi Regency. Every person whose land, whether in the form of property rights or planting rights, grows into and/or is affected by the object of procurement must be given compensation. However, in reality, the process of land acquisition for public purposes is not free from many obstacles because it is related to the interests of many people. The study in this scientific work relates to forms of compensation for the community, obstacles in the compensation process and the efforts made by the government to overcome the obstacles present in the compensation process for freehold land and growing planting land for land acquisition for cultural heritage development in Muaro Jambi. The research approach was carried out socio-legally with primary data and secondary data.
Pembagian Harta Bersama dalam Perkawinan Poligami Berdasarkan Kompilasi Hukum Islam Mayva, Verandha; Prihatini, Farida
Wajah Hukum Vol 9, No 1 (2025): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v9i1.1729

Abstract

Marriage according to Law Number. 1 of 1974 and the Compilation of Islamic Law (KHI) is based on the principle of monogamy, which allows the practice of polygamy under certain conditions. In polygamous marriages, the division of shared property is regulated by Islamic law and legislation to ensure justice and protect the rights of the parties involved. However, the division of joint property often causes problems due to the lack of clarity in the mechanisms for calculation and proof of ownership. This research aims to analyze the mechanism of joint property division in polygamous marriages based on the KHI, with a primary focus on Decision Number 555/K/AG/2012. The approach used is normative juridical with a qualitative analysis method, referring to the analysis of legislation, namely Law Number 1 of 1974 on Marriage and the KHI. The analysis results show that the division of joint property in polygamous marriages is determined based on the time of acquisition, where property obtained during the marriage with the first wife becomes the joint right of the husband and the first wife. Meanwhile, property acquired in subsequent marriages involves the next wives in its ownership. The case study of Decision Number 555/K/AG/2012 emphasizes the importance of proving the period of asset acquisition to ensure fairness in the distribution.
Konstruksi Kuasa dalam Praktik Jual Beli Tanah Faradiba, Laetetia Sekar; Umar, H.; Putra, Akbar Kurnia
Wajah Hukum Vol 9, No 1 (2025): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v9i1.1671

Abstract

The purpose of this research is to analyze the use of power of attorney in land sale and purchase practices. According to KUHPerdata, Article 1792 of the Civil Code governs the delegation of power to sell in the context of real estate transactions in Indonesia. The transfer of land rights can only be executed by the actual owner, whereas this power of attorney is solely for management purposes. Several things can cause the power of attorney to be terminated, including the grantor's withdrawal, the grantee's or the grantor's bankruptcy, or the grantee's notification of termination. The normative juridical approach is utilised for the research. Since the Absolute Power of Attorney deed fails to fulfil the objective requirements according to Article 1320 of the Civil Code, as regulated in the Minister of Home Affairs Instruction No. 14 of 1982, the author argues that it cannot be used to transfer land rights and is thus null and void by law. Government Regulation No. 24 of 1997, Article 39, Paragraph 1, Letter d, forbids the use of absolute power of attorney to transfer land rights; this regulation is still frequently cited even though the instruction is no longer in effect.
Perjanjian Nominee Antara Warga Negara Asing dengan Warga Negara Indonesia dalam Praktik Jual Beli Satuan Rumah Susun Mahfi, Richi Al; Anggoro, Teddy
Wajah Hukum Vol 9, No 1 (2025): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v9i1.1773

Abstract

The practice of nominee agreements in the sale and purchase of apartment units between foreign nationals (WNA) and Indonesian citizens (WNI) which is based on the limited ownership of apartment units by WNA. And then it becomes a significant legal issue because when viewed from the legal aspect, it is found that the Nominee Agreement does not meet the objective requirements for the validity of an agreement, which results in the agreement being null and void according to the provisions of the laws and regulations in force in Indonesia. This also has a serious impact and is detrimental to many related parties, and provides legal uncertainty for the parties involved. WNA are not recognized as legal owners, while WNI who are nominees are vulnerable to legal sanctions. Nominee agreements also conflict with the principle of land sovereignty. Unclear regulations and weak law enforcement also worsen the situation. The purpose of this study is to analyze and determine the legality of nominee agreements based on legal regulations in Indonesia, as well as the impact of ownership of apartment units for the parties. Thus, it is known that to overcome this problem, comprehensive legal reform is needed, including regulations that provide legal certainty for all parties in carrying out legal actions, especially agreements, so that they remain within the appropriate legal corridor, without setting aside the principle of freedom of contract.

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