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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 Dispensasi Kawin Sebagai Penyebab Tingginya Resiko Angka Perceraian Bagi Anak Akibat Perkawinan Paksa Berdasarkan Hak-Hak Perempuan Prabananda PY, Putu Anjali Gita; Hartati, Endah
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.v9i1.1758

Abstract

The purpose of this research is to analyze the impact of marriage dispensation on children and the legal recovery steps related to it. Marriage dispensation regulated in Article 7 paragraph (2) of Law No. 16 of 2019 triggers various problems, especially the increase in divorce rates and violations of women's rights. This policy is considered discriminatory because it opens up opportunities for forced marriages for girls who are not yet mature physically, mentally, or economically. This research uses normative juridical methods and a conceptual approach to analyze the impact of marriage dispensation and legal recovery measures. The results indicate the need for judicial review and legislative review to tighten regulations, prevent abuse, and protect the rights of children and women. This is expected to encourage the revision of legal norms to better align with the principles of justice and child protection.
Akibat Hukum Dari Pembatalan Akta Jual Beli Tanah Yunardi, Novita Putri; Raffles, Raffles; Yahya, Taufik
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.v9i1.1802

Abstract

The purpose of this study is to investigate what happens legally when a Sale and Purchase Agreement is cancelled.One of the most fundamental aspects of human existence is the ability to buy and sell land. In actuality, disagreements over land purchases and sales can lead to the SALE AND PURCHASE Deed being voided. Using both primary and secondary sources of information, this study employs a descriptive-analytical approach to its normative legal research. After a judge nullifies a sale and purchase deed, all circumstances are returned to how they were before the deal was subject to any legal proceedings. Any performance received by one party from another must be returned to the original sender. Furthermore, the Land Deed Official shall affix or include the Court Decision in the Notarial Deed Minute to document the cancellation. One party must apply to the National Land Agency to annul the land certificate if it has been transferred. Following the District Court's ruling, the National Land Agency will either cancel the certificate via the Administrative Court or strike out and substitute the owner's name.
Pengalihan Saham atas Harta Bersama Tanpa Persetujuan Pasangan Kawin dalam Perseroan Terbatas Qonita, Leilani Tertia; Setyono, Yoni Agus
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.v9i1.1741

Abstract

Marriage has legal consequences regarding the presence of joint property. Shares, as part of the joint property, can be transferred to another party. However, the transfer of shares without the consent of one of the spouses, whether husband or wife, has the potential to cause legal issues. In the analysis, the Author uses the doctrinal research method, resulting in a descriptive-analytical writing style. The results of the research indicate that if one party, whether the husband or the wife, transfers shares in a Limited Liability Company that are part of the joint property without the consent of the other party, then the transfer is considered invalid and null and void by law because it is carried out by a party who does not have the authority. The notary has the right to refuse to create an authentic deed related to the transfer because such action violates the applicable legal provisions. If the creation of an authentic deed violates the applicable laws and regulations, the deed may be annulled, and the Notary may face sanctions for ethical violations, administrative sanctions, and civil penalties.
Pertanggungjawaban Pidana terhadap Pelaku Memperdagangkan Satwa yang Dilindungi dalam Perspektif Peraturan Perundang-Undangan di Indonesia Hutauruk, Jasa Alex Parlinggoman; Hafrida, Hafrida; Liyus, Herry
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.v9i1.1719

Abstract

The aim of this research is to analyze and discover the criminal liability arrangements for perpetrators of trafficking in protected animals in Indonesia, and to find out and analyze the criminal liability of perpetrators of trafficking in protected animals from the perspective of laws and regulations in Indonesia. The problems of this research are 1) How is the criminal responsibility regulated for perpetrators of trafficking in protected animals in Indonesia? 2) What is the criminal liability of perpetrators of trafficking in protected animals from Indonesian laws and regulations perspective of? This research is a normative juridical research with a statutory approach, conceptual approach and case approach. The results of the research show that firstly, the regulation of criminal liability for perpetrators of trafficking in protected animals in Indonesia is specifically regulated in legislation in the field of conservation of biological resources and ecosystems, which emphasizes criminal liability for perpetrators with imprisonment and fines. Secondly, criminal liability for perpetrators of trafficking in protected animals from the perspective of laws and regulations in Indonesia, must be carried out by making efforts to amend the Law on Conservation of Living Natural Resources and their Ecosystems, in order to create regulatory efforts that meet the characteristics of criminal liability, namely the existence of balance. between law and morals, holistic justice enforcement, flexibility in legal interpretation, community participation, and prevention aspects.
Kedudukan Hukum Harta Bersama Setelah Dinyatakan Pailit Akibat Tindakan Actio Pauliana (Studi Putusan Mahkamah Agung Republik Indonesia Nomor 211 K/Pdt.Sus-Pailit/2019) Adiputri, Raden Ayu Farah Diva; Aritonang, Parulian Paidi
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.v9i1.1746

Abstract

Actio pauliana is a legal remedy provided by law to annul the actions of a debtor that may harm creditors in the process of bankruptcy. One form of debtor actions that obstruct the fulfillment of creditors’ rights is found in the Supreme Court Decision No. 211 K/Pdt.Sus-Pailit/2019, which involves an unlawful act committed by the wife a mortgage to settle her debt. Based on this issue, the author conducts research to determine the legal position of join assets after being declared bankrupt duet o actio pauliana. The purpose of this research is to understand the legal standing of joint assets after bankruptcy is declared duet o actio pauliana and how bankruptcy law resolves joint assets issues as reflected in the decision under study. The research findings show that the actio pauliana action is the appropriate step to annul the unlawful transfer of property under the law, which is then returned to the bankruptcy estate to esnurethe fair fulfillment of creditors’ rights. The property involved in the transation must be returned to the trustee for the management and settlement of the bankruptcy estate. Additionally, the legal status of join assets resultig from actio pauliana must be borne by both the husbang and wife as long as they remain married, because during the marriage, both spouses share the responsibility for the payment obligations.
Tanggung Jawab Notaris dalam Membuat Covernote Sebagai Jaminan Atas Utang Alini, Aulia Meyritza; Raffles, Raffles; Aulia, M. Zulfa
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.v9i1.1814

Abstract

The purpose of this research is to analyze the legal responsibility of Notaries in creating cover notes as collateral for land title certificates. Covernote, when viewed from the perspective of formal civil law, does not actually have the binding force of a deed made by a notary, because a covernote is not a legal product of a notary and is not regulated under positive law in Indonesia. This type of research is normative, with data collection techniques through literature study, and analyzed qualitatively. The research results show that the notary's responsibility in the covernote is limited to the period when the document handled by the notary is still in the processing stage, such as in the case of the registration process of encumbering rights. If the process of registering the encumbrance of the mortgage handled by the notary is completed until the issuance of the mortgage certificate, then the previous covernote will be replaced by the mortgage certificate that has been processed by the notary as the actual form of guarantee. Covernote is not a proof of collateral but merely serves as a temporary or provisional document, which acts as a basis for the bank that will eventually disburse the loan application. The notary's duty in draughting a covernote as a debt guarantee is to uphold the highest standards of honesty, integrity, impartiality, and diligence in verifying the authenticity of the information provided in the debt guarantee documents in order to avoid any legal ramifications..
Kewenangan Hakim Mahkamah Konstitusi dalam Memanggil Menteri sebagai Pemberi Keterangan pada Perkara Perselisihan Hasil Pemilihan Umum Presiden dan Wakil Presiden Tahun 2024 Wibowo, Renaldy Wijaksana; Saputro, Bayu
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.v9i1.1691

Abstract

In the 2024 Presidential PHPU trial, the Constitutional Court summoned four Ministers to give testimony in the trial. This raises a problem, because in the PMK PHPU President there is not a single provision that explicitly authorizes the Constitutional Court judge to be able to summon the informant. This study aims to firstly, determine the legal basis for the authority of Constitutional Court judges to summon the informant in the PHPU Presidential Election Case. Second, to find out the consequences caused by the summoning of the informant by the Constitutional Court judges in the PHPU Presidential Election Case. Third, to find out the clarity of the regulation regarding the informant in PMK No. 4/2023 and to provide a concept of the necessary arrangements in order to avoid abuse of authority by the Constitutional Court judges in the PHPU President. This paper uses normative legal research, using a statutory approach and a case approach. Based on the results of the research, it turns out that there is no authority for Constitutional Court judges to summon the informant because this is not explicitly regulated in the PMK PHPU President. The unclear legal basis governing the summoning of the informant in the Presidential PHPU trial and the actions of Constitutional Court judges who summon the informant on their own initiative can cause problems. The problems that arise relate to potential violations of the principle of independence and the emergence of legal uncertainty. There is ambiguity in the authority to summon the informant in the Presidential PHPU trial. Therefore, further regulation is needed regarding the authority to summon the informant in the PHPU Presidential Election case so that there is a clear division of authority in order to present the informant at the trial.
Jaminan Kehilangan Pekerjaan terhadap Pekerja/Buruh Akibat Pemutusan Hubungan Kerja Sebagai Upaya Mewujudkan Keadilan Eddy, Sagoro; Saputro, Bambang; Tinambunan, Wahyu Donri
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.v9i1.1654

Abstract

Post the enactment of the Job Creation Law, the Government has established Government Regulation Number 37 of 2021 concerning the Implementation of the Unemployment Insurance Program, which is one of the government's policies related to additional employment social security guarantees that are a derivative of the National Social Security System as regulated in Law Number 40 of 2004. However, this unemployment program has instead become a point of contention for stakeholders, particularly from the worker/labor group, who feel that the program does not provide benefits in terms of legal protection and fairness. Therefore, the researcher conducted a normative legal study on the principles of legal protection and justice contained in the articles of the regulation. This study uses a normative legal research method that is descriptively analytical. This research uses several approaches, namely: the statutory approach, the conceptual approach, and the comparative approach. (comparative approach). The focus of this research is to examine the principles of legal protection and the concept of justice in Government Regulation Number 37 of 2021. As a normative legal provision, this regulation needs to be reviewed again, evaluated, and supplemented with several articles or provisions that govern the implementation of the job loss guarantee program, so that it can uphold the principles of legal protection and justice, preventing this regulation from merely becoming an aspirational legal norm (ius constituendum) or a dead legal regulation/norm.
Perlindungan Hukum Bagi Notaris Pasar Modal dalam Melakukan Pendaftaran Ulang Surat Tanda Terdaftar Studi Putusan Nomor 38/G/2020/Ptun-Jkt Pantouw, Regina Maryke Maria; Nefi, Arman
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.v9i1.1747

Abstract

Notaries conducting activities in the Capital Market must first be registered with the Financial Services Authority (OJK) or have a Registered Certificate (STTD). Since the OJK Regulation Number 67/POJK.04/2017 of 2017 concerning Notaries Conducting Activities in the Capital Market was enacted, the Notary STTD has a validity period of 5 years and the Notary is required to re-register to comply with the POJK and re-register if the STTD has passed the validity period. In the case of Decision Number 38/G/2020/PTUN-JKT, Notary Y has performed the re-registration obligation as stipulated in POJK 67/2017, but OJK still issued a cancellation letter. This research discusses the legal protection given to Capital Market Notaries in re-registering STTD. The purpose of this study is to analyze the provisions of re-registration since the enactment of POJK 67/2017 and to find out the legal protection of Notaries who have re-registered their STTD. The method used in this research is doctrinal with the scope of STTD re-registration of Capital Market Notary. The materials used are primary, secondary, and tertiary legal materials. The place of research is Jakarta and the data collection technique is in the form of literature study which is analyzed qualitatively. The result of this research is a form of legal protection for Capital Market Notary related to STTD re-registration.
Penanggulangan Prostitusi Online Menggunakan Teori Kontrol Sosial Isnawan, Fuadi
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.v9i1.1695

Abstract

The development of information and communication technology has brought significant changes in various aspects of human life, including in the social and sexual fields. One of the phenomena that has emerged due to technological advances is online prostitution, known as “Open Booking Order” (Open BO). This research aims to examine the Open BO phenomenon in the context of Indonesian criminal law, focusing on its impact on youth morality and public safety. This research uses normative legal research methods, with a statutory approach. The results show that tackling online prostitution must be done comprehensively, involving the government, security forces, and the active participation of the community to ensure the creation of a more just, safe, and dignified environment. Especially among adolescents, countermeasures require an approach that prioritizes attachment to family and the environment, affection, positive use of leisure time, and increasing faith and piety. Attachment to family and the environment such as peers and school can create a sense of security and emotional support that reduces the risk of deviant behavior. Support from family and community strengthens attachment, while involvement in positive activities helps adolescents fill their free time with useful activities. In addition, increasing faith and piety through religious guidance strengthens moral and spiritual values, guiding adolescents to avoid actions that go against religious teachings.

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