cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Muhammad Subchan
Contact Email
wajahhukum.unbari@gmail.com
Phone
-
Journal Mail Official
wajahhukum.unbari@gmail.com
Editorial Address
-
Location
Kota jambi,
Jambi
INDONESIA
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
 46   47   48   49   50 
Kebijakan Hukum Pengaturan Praktek Santet dalam Hukum Pidana Indonesia Badri, Mhd.; Sumaidi, Sumaidi; Iswanto, Reza
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.v9i1.1817

Abstract

The phenomenon of black magic is still a topic of discussion in Indonesia and is believed to still exist, even though it is regulated in Article 252 of Law No. 1 of 2023 concerning the Criminal Code. However, there are no specific procedural legal regulations governing the crime of black magic, making it difficult to reveal it based on the old Criminal Procedure Code. The research method applied in this study is the legislative approach, with an activity plan that lasts for six months. The scope or object of study in this study is the criminal law policy related to the regulation of black magic practices in Criminal Law in Indonesia. The main legal sources used include primary legal materials such as Law Number 1 of 2023 concerning the Criminal Code, secondary legal materials consisting of books and articles by legal experts and tertiary legal materials used include encyclopedias and other publications relevant to this research. The location of this research is Indonesia so that the data collection technique used is document study, while the analysis technique applied is qualitative analysis. The results of this study are that the current legal policy for regulating black magic practices is that the regulation regarding this matter has been regulated in material law, namely Article 252 of Law Number 1 of 2023 concerning the Criminal Code. Furthermore, the legal policy regarding the regulation of black magic practices in the future requires formal law or procedural law that regulates investigation and inquiry procedures. Thus, this black magic case can be enforced and the perpetrators can be subject to appropriate criminal sanctions.
Tindak Pidana Merintangi Penyidikan oleh Advokat pada Perkara Tindak Pidana Korupsi Sahabuddin, S.; Hartono, M. Rudi; Manihuruk, Rospita
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.v9i1.1803

Abstract

The profession of advocate or often known as a lawyer, attorney or legal advisor is a profession that is full of idealism because it holds a noble position (officium nobile) in fighting for justice and legal certainty and is able to provide free legal assistance to anyone who is unable to file a case. In the legal system, advocates have various functions, such as representing, accompanying, defending, and carrying out other legal actions on behalf of clients, as well as assisting the court in determining facts based on justice and exercising its authority. Advocates have rights and responsibilities in carrying out their duties. Complying with the Indonesian Advocate Code of Ethics and Law Number 18 of 2003 concerning Advocates is one of the rights and responsibilities of advocates. When defending a client, a lawyer must not violate applicable laws, moral standards, or the interests of others. However, in reality, some lawyers continue to engage in illicit activities, including criminal acts. obstructing the investigation in a corruption situation. The purpose of this study is to gather information. more in-depth about the criminal penalties imposed on advocates who obstruct investigations into alleged corruption, as well as the law enforcement procedures used to file charges against these individuals. The strategy used in this study is a case approach, while the method used is a type of normative legal research. Library data is the source of data in this study. The Corruption Court has conducted an examination process based on the findings of the investigation, and the District Attorney's Investigator in the jurisdiction where the legal event of obstruction of investigation occurred, has taken law enforcement actions against advocates who commit the crime of obstruction of investigation in corruption cases. The criminal provisions in Article 21 of Law of the Republic of Indonesia Number 31 of 1999 concerning the Eradication of Corruption as amended by Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption, are the basis for criminalization for advocates who commit acts of obstructing investigations into corruption.
Kepastian Hukum terhadap Sengketa Kepemilikan Hak Atas Tanah yang Tumpang Tindih (Studi Kasus Putusan Pengadilan Negeri Sengeti Nomor 34/Pdt.G/2017/PN SNT) Dwinta, Shafira; Nurhadi, Harsanto
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.v9i1.1679

Abstract

The occurrence of overlapping ownership of land rights is a legal problem that often occurs in land law. One of the disputes arises from land sale and purchase transactions between individuals that do not have strong evidentiary strength, so it needs to be resolved through litigation. This research is methodized with a statutory approach. It aims to find out how land registration procedures can guarantee rights for holders of land rights and how to resolve the dualism of property rights certificates. This research uses a statutory approach by using secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The author collects data with a qualitative method that makes literature study as a reference in this research. The research data that has been obtained will be analyzed qualitatively. Land registration procedures can guarantee rights for land rights holders by following the rules of PP 24/1997 concerning Land Registration. In the event of dualism of rights ownership, the settlement is through the court to prove the validity of rights ownership based on authentic evidence and witness statements.
Pelindungan Hukum Ketenagakerjaan Atas Jaminan Keberlangsungan Bekerja terhadap Pekerja dengan Perjanjian Kerja Waktu Tertentu pada Perusahaan Alih Daya Ditinjau dari Teori Keadilan Kartika, Andri; Suherman, Ade Maman; Setiady, Tri
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.v9i1.1723

Abstract

Regulations governing worker rights safeguarding are enacted via Outsourcing as specified in Government Regulation Number 35 of 2021, a response to the worldwide economic climate. Outsourcing serves as a strategy by the government to tackle global economic challenges, enabling business owners to preserve the viability and continuity of their enterprises during the economic downturns experienced both within Indonesia and globally as a result of the Covid-19 pandemic. In practice, the implementation of internship programs often experiences various problems. Among them, Interns are often positioned as workers without getting the rights they deserve, such as decent wages, insurance, or career advancement opportunities, even internship participants have the potential to become or replace Outsourcing and/or Outsourcing workers. So that the use of Outsourcing is affected by termination of employment. The purpose of this study is to examinelegal protection in Government Regulation Number 35 of 2021 regarding the guarantee of the continuity of work for Fixed Time Work Agreement (PKWT) workers in outsourcing companies who are laid off, reviewed from the theory of justice and to examinethe occurrence of Termination of Employment of Fixed Time Work Agreement (PKWT) workers at PT. X as an outsourcing company. The methodology employed in this study is characterized by normative legal research, focusing on the examination of secondary or primary Legal Protection materials such as theories, legal concepts, principles, and regulations. The gathering of data was executed through bibliographic research and empirical research, deriving from secondary sources like interviews and observations. Subsequently, this data was subjected to qualitative analysis to derive the anticipated outcomes of the research. The examination of Legal Protection within Government Regulation Number 35 of 2021 concerning the assurance of work continuity for PKWT workers in Outsourcing firms, interpreted through the lens of justice theory, reveals that multiple PKWT Workers at PT. X were dismissed as their tasks were assigned to interns participating in a local internship scheme facilitated by the Employing Company for the Outsourcing Company. Observing the events that transpired, the researcher concludes that the safeguarding of job continuity stipulated in Government Regulation Number 35 of 2021 does not meet the criteria of fairness for PKWT Workers employed by the Outsourcing company.
Proses Peralihan Hak Guna Bangunan Berdasarkan Jual Beli Dibawah Tangan yang tidak Diketahui Keberadaan Pemiliknya (Studi Putusan Pengadilan Negeri Pontianak No. 92/Pdt.G/2021/PN.PTK) Simatupang, Patumona Febriyanty; 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.v9i1.1753

Abstract

Underhand sales transactions used for the transfer of Building Use Rights (HGB) often result in various legal issues, especially when the whereabouts of the original certificate owner are unknown. This research focuses on analyzing the District Court Decision No. 92/Pdt.G/2021/PN PTK, which examines the legality of HGB transfers within the framework of agrarian law in Indonesia. In this case, the registration of the transfer of rights must comply with existing regulations, including obtaining approval from the legitimate owner. The court's decision takes into account several factors such as agreements between parties, good faith, and the registration of land rights. This research aims to examine the legality of the transfer of Building Use Rights (HGB) through an underhand sale based on the District Court Decision No. 92/Pdt.G/2021/PN PTK, in accordance with Indonesian agrarian law. The analysis reveals that although underhand sales can be considered valid under certain conditions, the absence of formal procedures can result in legal disadvantages for uninvolved parties. This research also highlights the importance of land registration to ensure legal protection for all involved parties. Additionally, the study underscores the need to understand the legal aspects of the transfer of building use rights and the risks associated with transactions that do not comply with the procedures prescribed by law.
Aktualitas Asas Itikad Baik dalam Praktik Pagang Gadai Sawah di Sumatera Barat Almira, Lara Delanosa; Syechkant, Ibnu; Ikhsan, Muhammad; Syamsudin, M.
Wajah Hukum Vol 9, No 2 (2025): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v9i2.1705

Abstract

This study discusses the actuality of the principle of good faith in the practice of pawning rice fields in West Sumatra, especially in the context of Minangkabau customary law and Government Regulation in Lieu of Law Number 56 of 1960. This study aims to understand the application of the principle of good faith and identify the factors that become obstacles in the practice of pawning land. This type of research is a sociological legal research type. The object of the study is the rice fields, which are the objects of pawning. The subjects of the study are the Head of the Minangkabau Natural Customary Council (LKAAM) of West Sumatra and the Head of the Nagari Customary Council. The empirical legal research approach has a descriptive analytical nature with data collection techniques through observation, interviews, literature studies and documents. The analysis method is carried out descriptively and qualitatively. The results of this study indicate that the practice of pawning in Minangkabau has a matrilineal customary system and a high pusako property concept. The principle of good faith is very important in this practice, with both parties having to act honestly and fairly. However, there are several constraining factors such as legal developments, time periods, pawn requirements, and communication. Therefore, it is important to maintain the continuity of pawn practices and improve existing regulations by implementing the principle of good faith.
Penyamaran Status Sosial dalam Pemanfaatan Beasiswa KIP-K Julian, Kevin Rifqi; Tedjabuwana, Rosa
Wajah Hukum Vol 9, No 2 (2025): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v9i2.1842

Abstract

Misuse of the Kartu Indonesia Pintar Kuliah (KIP-K) scholarship through falsification of personal data by economically capable individuals is a crucial issue that is detrimental to the underprivileged. This study aims to analyze the factors causing falsification of KIP-K data, its social impact, and the legal basis that regulates it. This study uses a normative legal approach with a literature study based on laws and regulations, books, and scientific journals. The focus of the study is falsification of personal data in the Kartu Indonesia Pintar Kuliah (KIP-K) program, reviewed from the aspects of criminal law and educational principles. Data collection was carried out through a review of legal documents and related literature, with qualitative analysis to understand the motives, impacts, and criminal liability. The results of the study show that the weak criminal sanctions in the Regulation of the Minister of Education and Culture Number 10 of 2020 and the online registration system that is vulnerable to manipulation encourage misuse. As a result, underprivileged people lose access to higher education, widen social inequality, and damage public trust in government programs. Law enforcement through Law Number 27 of 2022 concerning Personal Data Protection and Law Number 11 of 2008 concerning Electronic Information and Transactions needs to be harmonized to provide a deterrent effect. This study also aims to improve the integration of national databases and artificial intelligence technology for data verification to ensure that KIP-K is on target.
Perlindungan Hukum terhadap Masyarakat Nagari yang Tanahnya Disertifikatkan Secara Melawan Hukum (Studi Putusan Mahkamah Agung Nomor 3818 K/PDT/2023) Ferdian, Muhamad Wira; Yustikarini, Meliyana
Wajah Hukum Vol 9, No 2 (2025): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v9i2.1860

Abstract

This research aims to analyze the legal protection for nagari communities experiencing illegal land certification, as well as to evaluate the implementation of the Supreme Court's decision in resolving customary land disputes to prevent similar cases from recurring in the future. The research method used is normative juridical through legislation as the main technique in data collection and examining Supreme Court decision number 3818 K/PDT/2023, related to references from books, journals, and other materials. The research results indicate that indigenous communities whose land has been unlawfully certified are entitled to request the annulment of land rights on the grounds of administrative defects. This cancellation process can be carried out through a ministerial decree as regulated in Articles 105 and 106 of the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 9 of 1999 concerning the Procedures for Granting and Cancelling State Land Rights and Management Rights.
Pengaturan SIM terhadap Pengguna Sepeda Listrik Pratama, Perdy; Tedjabuwana, Rosa
Wajah Hukum Vol 9, No 2 (2025): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v9i2.1865

Abstract

This study examines the regulation of driver's licenses (SIM) for electric bicycle users in Indonesia, which are increasingly popular as an environmentally friendly mode of transportation but pose legal and safety challenges due to unclear regulations. Using a normative and legal-legal approach, the study analyzes Law Number 22 of 2009, Minister of Transportation Regulation Number 45 of 2020, and Police Regulation Number 5 of 2021, which stipulate that electric bicycles with speeds up to 25 km/h do not require a driver's license, while those with speeds above 35 km/h require a Class C driver's license. The results indicate a legal vacuum due to regulatory inconsistencies, low user awareness, and inconsistent law enforcement, such as verbal warnings during Operation Zebra Semeru 2024, with 647 electric bicycle accidents recorded between January and June 2024. The study recommends regulatory harmonization, intensive outreach, and strengthening bicycle lane infrastructure to support effective driver's license regulations to improve traffic safety without hindering transportation innovation.
Pengaturan Hukum Pengamanan Aset Tanah Kas Desa Berdasarkan Peraturan Perundang-Undangan di Indonesia Purba, Tomson; Syamsir, Syamsir
Wajah Hukum Vol 9, No 2 (2025): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v9i2.1897

Abstract

As a source of income for the village, village treasury land does not yet have specific regulations governing its management and utilization. As a result, Village Treasury Land cannot be utilized professionally, thus hampering Village development. To determine and analyze the legal arrangements for securing village treasury land is the purpose of this study. This study uses normative legal research methods with legal materials from statutory, conceptual, and historical laws by applying inventory, systematization, and interpretation techniques. Because specific regulations regarding village treasury land are not found in laws or implementing regulations below or in regulations equivalent to implementing regulations, the results of this study can be used to create Village Regulations. Therefore, to obtain legal certainty, the Village Head has the authority to create Village Regulations in the Utilization and Management of Village Treasury Land.

Page 48 of 53 | Total Record : 525

 46   47   48   49   50 

Filter by Year

2018 2025


Reset
Filter By Issues
All Issue Vol 9, No 2 (2025): Oktober Vol 9, No 1 (2025): April Vol 8, No 2 (2024): Oktober Vol 8, No 1 (2024): April Vol 7, No 2 (2023): Oktober Vol 7, No 1 (2023): April Vol 6, No 2 (2022): Oktober Vol 6, No 1 (2022): April Vol 5, No 2 (2021): Oktober Vol 5, No 1 (2021): April Vol 4, No 2 (2020): Oktober Vol 4, No 1 (2020): April Vol 3, No 2 (2019): Oktober Vol 3, No 1 (2019): April Vol 2, No 2 (2018): Oktober Vol 2, No 1 (2018): April Vol 1, No 1 (2017): Oktober More Issue