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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 Hukum terhadap Perempuan dan Anak Korban Kekerasan dalam Rumah Tangga (Studi Kasus pada Lembaga Konsultasi Kesejahteraan Keluarga Kota Cimahi) Nuradhawati, Rira; Nurcahyono, Arinto
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.v9i1.1800

Abstract

Legal protection for victims of domestic violence is very important to do considering the physical and psychological suffering experienced by victims as a result of the actions of the perpetrator. According to Article 1 paragraph (1) of Law Number 23 Year 2004 on the Elimination of Domestic Violence, what is meant by domestic violence is ‘any act against a person, especially women, which results in physical, sexual, psychological, and or domestic neglect, including threats to commit acts, coercion, or unlawful deprivation of independence within the scope of the household’. Sociologically, domestic violence is often influenced by patriarchal structures that are still dominant in many societies. In addition, social and cultural norms that consider domestic violence as a private matter are also an obstacle in handling this case. This research uses empirical juridical method, which is a research method that seeks to see the law in real terms or examines how the law works in society.  LK3 as an Integrated Social Service Unit provides an alternative for the community in overcoming family psychosocial problems, restoring family psychosocial conditions, and strengthening family resilience. Based on the results of the research that legal protection is one of the functions of LK3 Cimahi City towards women victims of domestic violence, it is considered to be quite optimal. This can be seen from how protection is provided through a series of roles, be it active, participatory or passive roles.
Survival Strategi Pemerintah Daerah dalam Mengatasi Krisis Bahan Pangan di Kota Metro Safitri, Khansa Kamilia; Firmansyah, Firmansyah; mustaghfiroh, Siti
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.v9i1.1709

Abstract

The food crisis remains a significant issue up to the present time. Even though the Government has make an effort to overcoming it through numerous strategies and policies, challenges serving as land conversion, climate change and a decrease of food production remains the primary factors that cause the crisis. This research intended to provide a comprehensive overview of the strategies and regulations executed by the government in handling the food crisis in Metro City throughout 2024. The primary focus of this research is to analyze food security strategies evolved by the Government moreover appraise their effectiveness in optimally responding to the challenges of the crisis. Using a qualitative approach, this research examines various government policies and programs through data obtained from interviews and document analysis. The findings emphasize the significance of well-designed strategies aimed at enhancing local food resilience. The research particularly focuses on the 4K Program (Price Affordability, Supply Availability, Distribution Flow, and Effective Communication), which has proven effective in increasing food availability in Metro City. Nonetheless, challenges remain in terms of price affordability, which warrants further attention. In conclusion, while the 4K Program demonstrates considerable potential in addressing the food crisis in Metro, ongoing evaluation and periodic improvements are essential to ensure the program's long-term sustainability and effectiveness.
Ruang Lingkup Penataan Ruang dalam Pembangunan Pemukiman Berkelanjutan di Wilayah Ibu Kota Negara Nusantara Miftah, Farrah
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.v9i1.1641

Abstract

Sustainable development in the Capital City of Indonesia which was previously in DKI Jakarta which is now moved to the Capital City of the Archipelago located in the East Kalimantan Region. The goal of sustainable development is closely related to the mission of equitable development in Indonesia. Referring to the provisions of Law Number 3 of 2022 concerning the Capital City, this sustainable development is planned using environmentally friendly materials so that it will not damage the surrounding environment considering that the potential for natural resources in the IKN area is quite large and has the potential to be developed. This study focuses on sustainable development, especially regarding settlements, immigrant communities and the surrounding area as a direct impact of development in the IKN have the right to get a decent place to live, be protected, and not reduce the value of the potential natural resources in it.
Urgensi Pembubuhan Materai pada Salinan Akta Pejabat Pembuat Akta Tanah Sebagai Alat Bukti di Pengadilan Berdasarkan Undang-Undang Nomor 10 Tahun 2020 Maryati, Maryati; Rostarum, Triamy; Puspita, Sri Ayu Indah
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.v9i1.1807

Abstract

The aim of this research is to identify and analyze the regulations for the use of stamps on copies of Land Deed Officials (PPAT) deeds as well as the validity of copies of PPAT deeds that use stamps as evidence in court. The research method used in this research uses a statutory approach so that the design of this research activity is for 6 months with the scope or object of this research, namely the urgency of recording stamp duty on Selena deeds of land deed officials as evidence in court. Where is the place of research, namely in the library with data collection techniques in the form of document study and analysis techniques, namely qualitative analysis. The results of this research are that regulations on the use of stamps on copies of PPAT deeds came into effect after the Stamp Duty Law was promulgated. Stamps function as formal requirements and evidence in court, not as an agreement. The absence of a stamp does not invalidate the legal action, but shows that the requirements as evidence have not been fulfilled and a copy of the PPAT Deed that uses a stamp is considered an authentic deed according to national land law, in accordance with Article 32 of Government Regulation Number 24 of 1997. However, even without a stamp, the legal action remains valid based on Article 1320 of the Civil Code. The seal functions as written evidence, and its absence does not result in the invalidity of the legal act, it only makes the agreement letter not fulfill certain requirements.
Kewenangan Pemerintah Daerah dalam Hak Pengelolaan Tanah Sebagai Barang Milik Daerah Syeputri, Fazrianita; 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.v9i1.1683

Abstract

Although the provincial government is legally able to manage regional assets, there have been numerous instances of abuse of this power, including the following: the total disregard for regional assets; the misuse of rights granted by the regional government to access these assets; and the pursuit of private interests at the expense of the region and its residents. Jambi District Court's Decision Regarding Peace Deed No. 43 / Pdt.G / 2024 / PN Jmb.The goals of this research project are: 1) To learn about and assess the impact of regional asset regulation on the power of regional governments over land management rights 2) Determine and assess the authority of the regional administration to manage land as a resource for the area. This study used normative legal research methods including a statutory approach, a conceptual approach, and a case approach to achieve its aims. There are three levels of legal resources gathered: primary, secondary, and tertiary. Inventorying, systematizing, and interpreting the acquired legal materials constituted the process of analysis. Final findings from the study: 1) Various laws and regulations in Indonesia control the jurisdiction of regional governments in land management rights as regional property. These include Law Number 23 of 2014, Government Regulation Number 27 of 2014, Law Number 5 of 1960, and Regulation of the Minister of Home Affairs. 2. Mechanisms that strive to guarantee the effective, transparent, and accountable administration of public assets are an integral part of the responsibility of regional governments in land management rights as regional property. Important aspects of regional government accountability related to land management include: Asset management reports, supervisory audits, transparency and openness of information, the role of the DPRD, good governance, and sanctions for violations.
Penerapan Prinsip Mengenal Pengguna Jasa Serta Kepastian Hukum terhadap Akta Pendirian Perseroan Terbatas oleh Notaris yang Berafiliasi dengan Biro Jasa Natalia, Krisma; Ma'mun, Elma Meliana Eka 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.v9i1.1593

Abstract

Apart from having the authority to make authentic deeds, notaries also have the authority to identify users of their services. The authority of a Notary to apply the principle of recognizing service users is the attribution authority obtained from Permenkumham No. 9 of 2017 and the legal consequences for a Notary who does not apply this principle is that the Notary may be subject to administrative sanctions based on UUJN. In applying the principle of recognizing service users, Notaries are asked to dig up information in the form of the identity of service users and the acquisition of sources of funds which will later be reported to PPATK. In order to approach writing, the author uses a normative juridical research approach. The writing in this research emphasizes the legal norms contained in in legislation and court decisions as well as legal norms inherent in society.
Pertanggungjawaban Pidana Pelaku Kekerasan Seksual Berbasis Elektronik Artificial Intelegence (Deep Fake Porn) Putri, Nadea Aulia; Apriyani, Maria Novita
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.v9i1.1725

Abstract

The problem of deep fake porn in Indonesia is not a new problem considering that many cases have occurred in the wider community and technological developments cannot be stopped. Easy access in implementing deep fakes means that anyone can create or edit any type of video or photo using the face of someone they want, of course this is done without the consent of the owner of the face so that the perpetrators are obliged to be responsible for their actions. The research applies juridical methods- Normative uses statutory, case and conceptual approaches with descriptive methods to describe legal problems that occur. The aim of this research is to determine criminal liability carried out by perpetrators of sexual violence electronically using Artificial Intelligence (AI) technology. The research results show that specific legal regulations regarding Artificial Intelligence (AI) technology do not yet exist in Indonesia, but there are laws and regulations that can be used to enforce the law. The Pornography Law and the ITE Law have elements that are more comprehensive and clear than other laws and are expected to provide fair punishment for perpetrators. The existence of criminal liability can ensure that only individuals who are responsible for their actions are punished. People who cannot be held responsible for criminal acts of pornography, namely disabled people, those who are not yet adults, carry out office orders and statutory provisions.
Dugaan Pelanggaran Perilaku Anti Persaingan Perjanjian Tertutup Dari Industri Dalam Negeri (IDN) Pemohon Safeguards Measures Anggraini, Shela Dwi; Hidayah, Lili Naili; Raffles, Raffles
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.v9i1.1669

Abstract

In this study, the author analyzes the alleged violations committed by the Domestic Industry (IDN) Applicant for Safeguards Measures in the KPPI report document, namely the closed tying in agreement. The problem formulation in this research is how the case study of the IDN's application for Safeguards Measures at KPPI is tested with the analysis of Law No. 5 of 1999, and what preventive measures are taken by IDN. The purpose of this research is to analyze the alleged violation of tying in agreement committed by IDN, the applicant for the Safeguards Measure. The approaches used in this research include conceptual, case, legislative, and empirical legal approaches. The result of this research indicates that the IDN applicant for Safeguards Measures is suspected of violating Article 15, paragraph 2 of Law Number 5 of 1999 by using the Per se illegal and rule of reason approaches. With the evidence from the study conducted by the KPPU together with the relevant parties of the Safeguards Measures applicants. The alleged violations committed by IDN resulted in anti-competitive behavior and hindered business competition. The Safeguards Measures policy can be obtained by IDN that does not violate the laws and regulations. Law enforcement serves as a preventive measure against violations of regulations in this study, with the compliance program initiated by the KPPU as an effort to prevent violations of Law Number 5 of 1999.
Pelaksanaan Perjanjian Perseroan Terbatas Pertamina dengan Pengusaha Stasiun Pengisian Bahan Bakar Umum No.24.361.83 dalam Penyediaan Bahan Bakar Minyak Nazifah, Nazifah; Somad, Kemas Abdul; Cahyani, Vitalia
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.v9i1.1829

Abstract

Article 33 paragraph (3) of the 1945 Constitution states that the earth, water, and natural resources contained therein are controlled by the state and used as much as possible for the prosperity of the people. Oil and natural gas are strategic and non-renewable natural resources. As natural resources contained in the Indonesian mining jurisdiction, the implementation of oil and natural gas business activities in Indonesia is fully carried out by the state. To realize the objectives of developing the oil and natural gas business, the government delegates authority to PT. Pertamina (Persero) as a State-Owned Enterprise (BUMN) to carry out activities that include the management of oil and natural gas mining, as well as its distribution to all corners of the country. The agreement between PT. Pertamina and the entrepreneur of SPBU No. 24.361.83 Broni regarding the management and distribution of fuel oil is made in writing and stated in a deed in the form of a Letter of Agreement for the Appointment and Management of Public Fuel Filling Stations (SPPPS) regarding the distribution of fuel oil. In reality, several things have emerged that have become problems experienced by SPBU No. 24.361.83 Broni, namely the problem in the distribution of fuel oil that is late for distribution. Another problem that arises is the loss due to the difference in the volume of fuel oil measurements so that the amount of fuel oil distributed by the Pertamina Depot to SPBU No. 24.361.83 Broni is different from the amount previously ordered and paid by the SPBU. The purpose of this study is to determine and analyze the implementation of the agreement, Pertamina Limited Liability Company (Persero) with the public fuel filling station No. 24.361.83 Broni Jambi in the provision of fuel oil, the obstacles faced and efforts to overcome the obstacles. The research method used in this study is the empirical juridical research type. The approach used in this study is socio-legal research. The results of the study indicate that the implementation of the cooperation agreement between the public fuel filling station (SPBU) No. 24.361.83 in Broni with PT. Pertamina has not been implemented properly. The obstacles faced during the agreement period between PT Pertamina (Persero) and SPBU No. 24.361.83 Broni, namely the delay in filling fuel oil at the Pertamina depot, the lack of oil received as ordered 5000 liters but only 3980 liters received.
Status Kepemilikan Hak Cipta Sebagai Harta Bersama di dalam Perkawinan Putri, Fanni Amara
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.v9i1.1750

Abstract

This research aims to discuss the status of copyright as part of joint property in marriage according to Indonesian law, considering the characteristics of copyright that differ from tangible objects in general. Copyright, as part of intellectual property rights, consists of two main elements: the moral rights inherent to the creator and the economic rights that can be exploited. These two aspects pose challenges in categorizing copyright as joint property in marriage. In Indonesia, joint property is regulated by Law Number 1 of 1974 on Marriage, which was updated by Law Number 16 of 2019, as well as in the Compilation of Islamic Law and the Civil Code. However, provisions regarding copyright in the context of marriage have not been explicitly regulated. This research uses the doctrinal legal method. Data were collected through library research and will be analyzed using a qualitative approach, as well as a comparative legal approach to analyze the application of copyright law in marriage in France, which adheres to the Continental European legal system. The research results show that copyrights obtained by one spouse during the marriage are generally considered joint property, unless otherwise specified in the marriage agreement. The rights of the husband/wife who did not create the work are limited to the economic rights over the exploitation of the copyright, while the moral rights remain with the creator.

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