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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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Kedudukan Nikah Urfi dalam Sistem Hukum Keluarga Islam: Studi Komparatif Antara Legitimasi Hukum di Indonesia dan Mesir Daud, Sulhi M; Latif, Mukhtar; Muhammad, Fauzi
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.v9i1.1801

Abstract

Urfi marriage, which is a form of marriage without official registration, is an important theme in the study of Islamic family law in Indonesia and Egypt. This study aims to analyze the position of urfi marriage in the context of positive law and sharia, and its implications for the rights of women and children. In Indonesia, urfi marriage is not legally recognized because it does not meet the registration requirements stipulated in the Marriage Law and the Compilation of Islamic Law. In contrast, Egypt recognizes urfi marriage as valid according to religion, but still emphasizes the importance of registration for legal protection. This study uses a qualitative approach and comparative study methods, by analyzing legal documents, fiqh literature, and the views of scholars. The results show that although urfi marriage is recognized in sharia, this practice poses serious challenges in protecting individual rights. This study recommends the need for policy reform to bridge the gap between sharia law and the practical needs of society, in order to ensure justice and protection for all parties involved.
Penerapan Asas Kelangsungan Usaha Debitor Pailit (Studi Kasus Putusan Nomor 10/Pdt.Sus-Pailit/2024/PN.Niaga.Smg) Putri, Nadila Azzahra
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.v9i1.1728

Abstract

This study aims to explore the concept of Going Concern in the context of bankruptcy and analyze how this principle is applied in bankruptcy law. The going concern principle provides an opportunity for potentially viable debtor companies to continue operating. The provision in Article 104 paragraph (1) of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (UUK-PKPU) stipulates that the curator has the authority to continue the business activities of the debtor declared bankrupt, provided that they obtain approval from the temporary creditors' committee or permission from the supervisory judge if the creditors' committee is not formed. The filing of a bankruptcy petition can be done by the debtor or creditor with relatively easy requirements, namely having at least two creditors and debts that are due and collectible, as stipulated in Article 2 paragraph (1) of Law Number 37 of 2004. (UUK-PKPU). The easy requirements often harm the debtor, as they can be exploited by a bankruptcy applicant with bad intentions. As in the Commercial Court Decision Number 10/Pdt.Sus-Pailit/2024/PN.Niaga.Smg, where the panel of judges declared PT Panamtex bankrupt based on the minimum requirements for a bankruptcy petition and did not consider the solvency condition of the company. Therefore, can the principle of business continuity still be present in providing protection for the debtor, and how is it applied when viewed from the perspective of bankruptcy law in Indonesia.
Pembuatan Akta Wasiat oleh Warga Negara Asing di Indonesia Atas Tanah Hak Milik (Studi Putusan MA Nomor 486_K/Pdt/2020) Kamila, Regina Triana; Sareal, Milly Karmila
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.v9i1.1717

Abstract

A testamentary grant is a will contains grant of certain items through testament usually made in a form of notarial deed and takes effect after the testator pass away. Many foreign citizens currently carry out legal acts of making testamentary deed in Indonesia and causes conflict to court disputes as in the Supreme Court Decision Number 486_K/Pdt/2020 which concerns a testamentary grant deed made by a foreign citizen on a land which is owned under the name of an Indonesian citizen through Nominee Agreement. The Panel of Judges at all levels have different considerations regarding the validity of the deed. This research aims to determine foreign citizens’ authority in making testamentary deed in Indonesia and the deed’s validity as in the decision being studied. This doctrinal research uses secondary data in the form of legal materials related to Inheritance Law and National Agrarian Law. The research shows that foreign citizens are authorized to make testamentary deeds in Indonesia based on Article 945 of the Civil Code while still complying to Indonesian law. However, a testamentary grant deed made by foreign citizens on land owned by an Indonesian citizen through Nominee Agreement is null and void and the deed is invalid due to the violation of National Agrarian Law and the Civil Code.
Analisis Putusan Hak Asuh Anak Bersama Pasca Perceraian Perspektif Kongres Ulama Perempuan Indonesia (KUPI) Sabila, Awwalia Indah; Musfiroh, Mayadina Rohmi; Rosyada, Amrina
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.v9i1.1694

Abstract

This research discusses court decisions regarding joint custody of children after divorce with a maslahat approach based on the nine basic values of the Indonesian Women's Ulama Congress (KUPI). The main issue raised is how the application of joint custody can ensure the best interests of the child, particularly in reducing the negative emotional impact of divorce, as well as ensuring the involvement of both parents in the child's life. The purpose of this study is to evaluate the appropriateness of Banjarbaru Religious Court Decision Number 369/Pdt.G/2017/PA.Bjb. which grants primary custody to the father but still gives the mother the opportunity to interact with the child on weekends. The analysis in this study is based on the theory of maslahat, which prioritizes the best interests of children, as well as the nine basic values of KUPI, namely equality, equality, justice, humanity, nationality, universality, divinity, mercy, and benefit. Using the juridical-normative method, this research analyzes court decisions, legal regulations, and related theories. The results show that the concept of joint custody supports the best interests of children, reduces the negative psychological impact of divorce, and improves children's welfare through the involvement of both parents.
Dinamika Keadilan dalam UU Cipta Kerja: Analisis Putusan Mk Dari Perspektif Pekerja dan Pengusaha Yarni, Meri; Amir, Latifah; Prasna, Adeb Davega; Ramadhona, Ana; Dhyta, Nova Bela
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.v9i1.1810

Abstract

The notion of justice has long captivated the minds of philosophers, religious scholars, politicians, and legal experts alike. One of the challenges in this realm is that there is no absolute benchmark for determining fairness; what seems equitable to one party may not resonate with another. As a result, perceptions of fairness tend to be subjective, often leaving certain stakeholders dissatisfied. This complexity fuels ongoing debates within various cases that emerge in both national and state contexts. In this article, we explore the intricacies of these debates through the lens of the recent Constitutional Court Decision No. 91/PUU-XVIII/2020 concerning the Job Creation Law, which many view as favoring employers over workers. The Court's ruling deemed the law conditionally unconstitutional, igniting discussions about its implications for justice. To analyze the impact of this decision on both workers and employers, we apply the frameworks of procedural, substantive, and distributive justice theories. Our research employs a normative juridical approach, examining the Constitutional Court’s ruling alongside relevant laws and legal doctrines.
Implikasi Mental Health Gen Z Akibat Pengaruh Media Sosial dalam Pandangan Hukum di Indonesia Imron Marsyadi, Muhammad Afi; Rizka, Rizka; Soekiswati, 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.v9i1.1687

Abstract

Generation Z, born between the mid-1990s and early 2010s, has grown up in a highly connected digital environment. Social media plays a central role in their daily lives, offering a platform for communication, self expression and access to information. However, social media use also poses significant challenges related to mental health. In Indonesia, those with mental health problems are often viewed as ungrateful and unlucky. This research uses empirical juridical research with an activity plan for 3 months and the scope of Gen Z. This research was conducted in Surakarta City. The materials used in this research are primary legal materials and secondary legal materials. Data collection techniques in the form of questionnaires and analysis techniques, namely qualitative analysis. The purpose of this study is to examine and describe the mental health implications of the influence of social media in the view of legal awareness. The results of the discussion of this research are social media offers benefits to Gen Z, such as social support, opportunities for creative expression, and access to education. However, negative impacts are also significant, including increased anxiety, depression, cyberbullying, and sleep disorders. These factors are often trigerred by unrealistic social comparisons, pressure to be perfect, and exposure to negative content. Gen Z’s legal awareness experiences mental health, because it is triggered by criminal acts committed by Gen Z on social media that result in dealing with the law. This is influenced by knowledge of legal rules, awareness, respect and obedience or compliance with legal rules.
Peran Alat Bukti Petunjuk Bagi Hakim dalam Memutus Perkara Pidana di Indonesia Sengi, Ernest; Usak, Usak
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.v9i1.1617

Abstract

Proof is the central point in resolving criminal cases. Whether a defendant is convicted or not depends on the evidence. Proving, means trying to convince the judge about whether the defendant is guilty or not. Of course, it is based on the evidentiary parameters stipulated in the law. One of the evidentiary parameters is the evidentiary strength (bewijskracht) of each piece of evidence. Guidance evidence are one of the means of evidence as regulated in Article 184 of the Criminal Procedure Code. The legal issue that is the aim of the research is to analyze the role of guiding evidence for judges in deciding criminal cases; because in legal practice the evidence of guidance is very dependent on the judge's subjective assessment in deciding the case. Because what is being studied is the role of guidance evidence, the approach used is a statutory approach. The results of the research show that guidance evidence is complementary evidence or accessory evidence which is only found through other evidence, namely witness statements, letters and defendant statements. Guidance evidence is one of the legal pieces of evidence in Indonesian Criminal Procedure Law which has the role and function of strengthening the evidentiary process in resolving criminal cases. Even though guidance evidence is not direct evidence, guidance evidence has the same position as other evidence in the Criminal Procedure Code.
Urgensi Pencabutan Hak Asuh Anak dalam Kasus Kekerasan terhadap Anak di Indonesia Fauziyah, Diana; 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.v9i1.1727

Abstract

Child Custody can be given to a parent in accordance with the best interest of the child. In reality, many parents who hold child custody do not do their responsibility in caring for and protecting their child well. This reality leads to many child abuse cases and even the death of the child. This research aims to examine should the child custody is revoked in some cases discussed in this research and how the parent who does not hold child custody can supervise child custody. This research was conducted using doctrinal research method which used the secondary data as a primary data to answer the problem. The answer of the problem is that the revocation of child custody is needed if the parent who holds child custody do not fulfill responsibility to her or his child as regulated in Article 49 of The Marriage Law. The parent who does not hold child custody can supervise child custody with visitation right. Unfortunately, there is no explicit regulation regarding this right.
Dampak Regulasi Penanaman Modal Asing dalam Sektor Logistik terhadap Daya Saing Nasional Aprillidayanti, Aprillidayanti
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.v9i1.1685

Abstract

Foreign investment (FDI) is one of various ways to encourage economic growth and country development. The logistics sector as one of the supporting sectors in development plans plays an important role in supporting the efficient distribution of goods and services throughout the archipelago. Business activities, including those containing foreign capital, require conducive legal regulations to create legal certainty, which is an important indicator of political and economic stability. This research aims to examine the impact of foreign investment regulations in the logistics sector on national competitiveness in order to provide legal certainty to all business actors, both domestic and foreign, and prosperity for all Indonesian people using normative juridical research methods or using existing laws and regulations. At the moment. The results of the research show that the government has created foreign investment regulations related to the logistics sector in quite detail, but in its implementation it must refer to various relevant laws and regulations and there is no difference in treatment between logistics business activities from domestic and foreign investors.
Pelaksanaan Eksekusi Atas Jaminan Fidusia Kendaraan Bermotor pada PT. Bank Nagari Cabang Utama Sumatera Barat Mardius, Mardius; Hidayatullah, Hidayatullah; Supeno, Supeno
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.v9i1.1837

Abstract

The Fiduciary Guarantee Law has the main objective to provide legal certainty for the execution of the guarantee, so that the execution can be carried out properly. Based on these reasons, the problems that will be studied in this study are about the practice of executing motor vehicle fiduciary guarantees and the obstacles in implementing the execution of motor vehicle fiduciary guarantees. The approach method used is the sociological legal approach and the specifications used in this study are descriptive research. Based on the results of the study, it can be concluded that the execution of the object of motor vehicle fiduciary guarantees carried out through underhand sales with the agreement of the creditor and debtor, the debtor himself sells his guarantee if there is a default by the debtor. The execution of motor vehicle fiduciary guarantees is carried out against defaulting debtors. The execution in this case ended with an execution application made by the creditor (Bank Nagari) to the district court, because here the creditor did not complete according to the agreement with the underhand sale that had been previously agreed with the creditor was not achieved. So the last resort taken by the creditor (Bank Nagari) was once again to submit an execution application to the court which ended with an auction at the auction body for the object of the motor vehicle fiduciary guarantee. Before execution, there are many obstacles faced by creditors, one of which is that the debtor (Rajal) does not want to cooperate in the execution process because he does not want to sign and hand over the fiduciary guarantee object which has been in default/or breach of promise.

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