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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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Implikasi Kekeliruan Substansi Permohonan Penetapan Pengadilan terhadap Kedudukan Hukum Anak Luar Kawin Rachmadhiva, Affra Sabilla; Setyorini, Hening Hapsari
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.v9i1.1708

Abstract

This study analyzes the implications of substantive errors in court petitions regarding the recognition and legitimization of extramarital children, focusing on enhancing their legal status following the death of the biological father. Based on a case study of Pontianak District Court Determination No. 246/Pdt.P/2021/PN Ptk, it was found that inaccuracies in the substance of the petition can result in ambiguous legal determinations, particularly regarding the child’s status as a recognized but not fully legitimate child. This ambiguity impacts the civil rights of extramarital children, including inheritance rights from their biological father. This research employs doctrinal legal methodology with a descriptive-analytical approach through a literature review, aiming to comprehensively explain the court’s essential role in ensuring the completeness of petition substance from the initial stages, especially at Meja I (Desk I). The findings emphasize the importance of legitimizing extramarital children to secure a stronger legal status equivalent to legitimate children, ensuring the protection of civil rights and reducing the potential for future legal conflicts.
Klausula Eksonerasi: Akibat Hukum Perjanjian Baku dalam Perjanjian Pengikatan Jual Beli Perumahan Junaidi, Junaidi
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.v9i1.1616

Abstract

The principle of freedom of contract allows standardised contracts to be used. However, businesses usually use standard contracts that include exoneration or exclusion clauses because they are in a different position. This can be detrimental to consumers if these clauses limit their obligations and responsibilities. The practice of using standard agreements often occurs when the situation is unstable. Manufacturers change the standard rules. The agreement usually favours the business actors. Although the Consumer Protection Law is already in force in Indonesia, business agreements still use exoneration clauses. However, the existence of such exoneration clauses is still debated in the field of law, according to academic research from legal experts. This study uses a normative legal research approach. Research in the field of normative law focuses on the collection and analysis of current law, legal foundations and ideas, analysis of specific cases, the structure of the legal system, the degree of parallels, comparisons between laws, and the historical development of law. The purpose of this research is to study and provide legal results of the application of exoneration clauses in the binding agreement for the sale and purchase of houses and to resolve default disputes that arise because of housing sale and purchase agreements containing exoneration clauses. The presence of this standard model agreement is still a legal issue, especially in civil law in the field of agreements. Conversely, this new draft agreement may violate consumer rights and even violate the legal rules governing consumer protection. The result is that this research is considered interesting and important to conduct.
Pembaharuan Hukum dalam Transaksi Asuransi pada Marketplace Asuransi Online di Indonesia Anugerah, Fiqqih; Nurlaily, Nurlaily; Seroja, Triana Dewi
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.v9i1.1806

Abstract

The phenomenon of personal data misuse has become increasingly prevalent in today's society. Data breach cases in Indonesia are common due to weak regulations specifically designed to protect the personal data of online marketplace users. This study aims to investigate and analyze the phenomenon and implications of the development of insurance transactions within the scope of online marketplaces in Indonesia, as well as to provide recommendations for legal improvements or enhancements that are appropriate and can support healthy growth in Indonesia's online insurance industry. This research employs a normative legal approach by utilizing library research techniques to examine various guidelines. Secondary data collected through library research were analyzed using a qualitative juridical approach. The study is also supported by primary legal materials such as legislation. The findings of this study indicate that insurance agreements can be utilized to protect the confidentiality of personal data, ensure the certainty and security of transactions, and minimize the risks of digital transactions, such as fraud, delivery failures, and financial losses. Legal regulations related to online insurance marketplace businesses in Indonesia require adjustments and revisions to accommodate the rapid development of technology and e-commerce.
Kewenangan Pemerintah Kabupaten dalam Pengelolaan Hutan Mangrove Saddat, Anwar; Hartati, Hartati; Priskap, Ridham
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.v9i1.1680

Abstract

The government's authority in the field of forest conservation as stated in Article 27 paragraph (3) above is further emphasized in Law Number 14 of 1999 concerning Forestry, namely in Article 4. Meanwhile, the authority of the regional government regarding forest management is regulated in Law Number 41 of 1999 concerning Forestry in Articles 59 to 65. From Article 59 to Article 65 of Law Number 41 of 1999 concerning Forestry, the regional government also has authority in managing mangrove forests. The objectives of this study are 1) to determine and analyze the authority of the Regency government in managing Mangrove forests 2) to determine and analyze the Regency Government's Policy on mangrove forest management. This study uses normative legal research using the approach, legislation, conceptual approach), historical approach with an 8-month activity plan and the scope or object in this study regarding the authority of the district government in managing mangrove forests based on legal provisions related to legal issues, Collection of primary legal materials, secondary legal materials, and tertiary legal materials using a card system and supported by a computerization system via the internet. There are 3 data collection techniques, namely 1) inventory technique, 2) systematization technique, and 3) interpretation technique. Results: Mangrove damage caused by land conversion, from mangrove forests to settlements and trade, as well as illegal logging and uncontrolled utilization of resources by the surrounding community. The lack of maximum supervision of mangrove forests so that the local government takes a local government policy or the authority to control conversion in a top-down manner (firm policy) through socialization and providing incentives and disincentives for violators. As well as the policy of managing mangroves as coastal protectors so that the number of mangroves is maintained or even increased.
Kedudukan Perjanjian Perkawinan Yang Dibuat Setelah Perkawinan Sebelum Putusan Nomor 69/PUU-XIII/2015 Berlaku (Studi Kasus Putusan Nomor 15/ Pdt.G/2019/PN Purwokerto) Wirjono, Nadira Ratunanda
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.v9i1.1563

Abstract

Marriage Agreement is a contract between a husband and wife concerning property or other matters; however, an agreement made after marriage, known as a postnuptial agreement, becomes a dispute if made before the Constitutional Court Decision No. 69/2015 came into effect. This study aims to examine and analyze the legal consequences of marriage agreements made during the marriage and legalized by a Notary. The research method employed is normative, with an approach based on legislative regulations. The findings indicate that Decision No. 15/Pdt.G/2019/PN Purwokerto considers marriage agreements made during the marriage and legalized by a Notary to be valid. However, further analysis reveals that this contradicts Article 29 paragraph (1) of Law No. 1 of 1974 on Marriage prior to the enactment of Constitutional Court Decision No. 69/2015.
Menakar Aktualisasi Hak Partisipasi Anak melalui Pelibatan Anak dalam Law-Making Process Mitigasi Iklim Azaria, Davilla Prawidya; Nasution, Ali Imran; Simanjuntak, Anni Alvionita; Puspitarini, Nabilah; Ferdianty, Shavina Putri
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.v9i1.1724

Abstract

Children’s right of participation legitimized in national and international instruments. It is giving children right be hear, to express their views and opinios in matters affecting them significantly, such as the climate crisis. However, exercising this rights still faces various obstacles. This study will describe an analysis of restrictions on children's participation as obstacles to fulfilling children's rights in the law-making process to assuring child involvement can be implemented. As a normative research, this study will examine legal literature materials. The finding shows that children's participation in the policy-making process is faced with the assumption of adults who use age and maturity as benchmarks. This is not in line with the meaning in the Convention on the Rights of the Child which has legally provided legal certainty for children to have the right to participate and make decisions without limiting them solely by age. The Convention only states that children are given the right to participate with a weight that is appropriate for the child. Therefore, policy makers should be able to provide a broader interpretation to children so that these restrictions do not become obstacles. It is necessary to take into account the perspectives of children and uphold the best interests of the child premise to achieve intergenerational equity as a whole.
Tanggung Jawab Notaris terhadap Akta Autentik yang Isi Aktanya Tidak Sesuai dengan Fakta Fitria, Hasparrini Ningrum; Sudarti, Elly; Qodi, Muhammad Amin
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.v9i1.1775

Abstract

The purpose of this research is to analyze the responsibilities that must be borne by a notary if there is a notarial deed or also known as an authentic deed whose contents do not match the original facts or reality. The authority of a Notary in creating authentic deeds is commensurate with their responsibility, as this responsibility continues to attach to the notary even after retirement, as stipulated in Law Number 2 of 2014. There are times when the notary makes a mistake in creating an authentic deed, whether intentional or unintentional, so when this happens later and causes losses to the parties involved, is the notary obliged to be held accountable for it? So, it needs to be discussed to what extent the responsibilities of the Notary are limited. The research method used is normative juridical. Research results show that if a Notary makes a mistake in an authentic deed they created, causing harm to others, as long as the aggrieved party can prove that the mistake was due to the Notary's negligence or intent, the Notary can be held accountable from the perspectives of general law, civil law, administrative law, and criminal law. When a Notary is proven to have intentionally or knowingly created or collaborated and signed a false deed, the notary can be charged with complicity in the forgery of a deed. 
Penegakan Hukum terhadap Penyalahgunaan Senjata Tajam oleh Geng Motor di Kota Jambi Zamzimi, Padlan
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.v9i1.1828

Abstract

The purpose of this study was to determine the law enforcement against the misuse of sharp weapons by Motorcycle Gangs in Jambi City and the obstacles faced by the Police in carrying out the enforcement and the efforts made by the Police in overcoming these obstacles. The approach method used in this study is empirical juridical. The results of the study are that law enforcers have implemented the right procedures in handling cases of misuse of sharp weapons, starting with raids on the highway followed by the detention of perpetrators who are proven to be carrying sharp weapons illegally. However, the Jambi Police face a number of obstacles in implementing law enforcement against this crime. These obstacles include the legal aspect itself, limited human resources for law enforcement, lack of facilities and infrastructure, and low public awareness. To overcome these obstacles, the police have taken several strategic steps. First, establishing cooperation with the Intelligence Directorate to prevent the misuse of sharp weapons and strengthening coordination with the Regional Police Chiefs throughout Indonesia. Second, increasing the motivation and competence of personnel through special training that focuses on crimes related to sharp weapons. Third, encouraging changes in legal policies that are relevant to this crime.
Implementasi Prinsip Kehati-Hatian Notaris dalam Pembuatan Akta Perjanjian Perkawinan Yang Berlaku Surut Risma, Siti; Cahyono, Akhmad Budi
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.v9i1.1732

Abstract

The research with this title aims to find out the implementation of the precautionary principle which is carried out by a notary in the process of making a retroactive marriage agreement deed, namely an agreement whose process begins after the marriage is carried out. The focus of this research is how the notary applies the precautionary principle so that the agreement does not harm third parties, such as creditors, and ensures that the agreement remains legally valid. In addition, this research also explores the mechanism of making a marriage agreement deed in the realm of still protecting the interests of third parties. The research methodology presented in this study is a normative juridical approach by analyzing relevant laws and regulations, legal doctrines, and case studies. The results show that the prudential principles of notaries include checking the status of assets, notifying related parties, and complying with legal regulations. The mechanism applied by the notary also plays an important role in ensuring that the marriage agreement does not have a detrimental impact on third parties, as well as providing legal certainty for the parties involved. This research provides a conclusion on the application of the precautionary principle by notaries which is a crucial step in maintaining justice and legal certainty, especially in the making of retroactive marriage agreement deeds.
Integrasi Aspek Lingkungan, Sosial, dan Tata Kelola dalam Praktik Hukum Bisnis Indonesia Disurya, Ramanata; Suryati, Suryati; Sardana, Layang; Putra, Yanuar Syam; Fitra, Haidir; Munirah, Munirah
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.v9i1.1710

Abstract

Environmental, Social, and Governance (ESG) in business law practice in Indonesia has become increasingly important as awareness of sustainability and corporate social responsibility grows. ESG encompasses three main aspects: environmental, social, and governance, all of which influence business and investment decisions. The environmental aspect is regulated through Law No. 32 of 2009 on Environmental Protection and Management, which mandates environmental impact assessments (AMDAL). The social aspect includes regulations such as Law No. 13 of 2003 on Manpower and Financial Services Authority Regulation No. 51/POJK.03/2017, emphasizing social responsibility and workers' rights. The governance aspect is regulated by Law No. 40 of 2007 on Limited Liability Companies and Financial Services Authority regulations on good corporate governance. ESG implementation in Indonesia faces challenges, including a lack of understanding and weak law enforcement. However, initiatives from the Indonesia Stock Exchange and the private sector show significant progress. Effective ESG implementation can enhance corporate reputation, competitiveness, and access to financing, while positively impacting society and the environment. Therefore, integrating ESG into business law practice in Indonesia is a strategic step towards greater sustainability and social responsibility.

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