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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 537 Documents
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Analisis Yuridis Perlindungan Hak Cipta terhadap Karya Sastra Berbentuk Fiksi Penggemar (Alternate Universe) pada Platform Wattpad Berdasarkan Undang-Undang Nomor 28 Tahun 2014 Tentang Hak Cipta Muarifah, Muarifah; Suliantoro, Adi
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.v9i2.1931

Abstract

Wattpad, as a digital storytelling platform, has become increasingly popular among writers, particularly in producing derivative works known as Alternate Universe (AU) fiction. These works frequently incorporate elements from existing intellectual property, including the names, images, and personas of public figures or fictional characters, often without prior authorization. This study aims to examine the legal protection afforded by copyright law to AU literary works published on the Wattpad platform, analyze the legal consequences of publishing such works that depict identifiable figures without consent, and explore efforts to raise awareness among Wattpad authors regarding copyright compliance. The research addresses the following issues: the juridical analysis of copyright protection for AU-based literature, the legal implications of unauthorized use of celebrity identity, and strategies to promote copyright awareness among content creators on Wattpad. Employing a normative juridical method with a qualitative approach, data were collected through legal literature review and expert interviews. The findings indicate that the use of identifiable personal attributes in AU works without permission constitutes a violation of copyright law, particularly infringing upon the moral and economic rights of the original rights holders. Furthermore, a lack of legal literacy among digital authors presents a significant challenge in the enforcement of intellectual property rights. Hence, systematic education and legal oversight are essential to uphold copyright protections in the digital creative space.
Akibat Hukum Akta Jual Beli dengan Objek Kapal yang dibuat Sebagai Perjanjian Simulasi (Analisis Putusan Pengadilan Negeri Samarinda Nomor 42/Pdt.G/2024/PN.Smr) Anggraini, Sabrina Dwi; Putra, Mohamad Fajri Mekka
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.v9i2.1875

Abstract

The sales agreement between the seller and the buyer occurs at the moment there is a meeting of the minds and a declaration between them regarding the goods and the price. However, the transfer of ownership of the goods being sold does not necessarily occur simultaneously with the agreement reached between the parties. The deed made by the Notary serves as evidence to guarantee the truth of the transaction in carrying out a legal act, in this case, a sale and purchase. However, in practice, unlawful acts are still found to be committed by the parties in making an agreement, such as a simulated agreement. Therefore, this research aims to understand the legal consequences of buying and selling ships that are made as simulated agreements and to analyze the regulations regarding the Sale and Purchase Deed with ship objects. The research method used in this study is a qualitative type with a descriptive-analytical nature, utilizing primary legal materials and secondary legal materials. The results and discussion of this research are the regulations regarding the ship sale and purchase deed, where the evidence of the transfer of ownership of the ship is in the form of a ship sale and purchase deed made in the presence of a notary (Article 18 paragraph (3) letter a of the Minister of Transportation Regulation on Ship Registration). Meanwhile, the legal consequence is that the party who feels aggrieved by the simulated agreement does not receive legal protection from the creation of the simulated agreement, and the aggrieved party cannot claim compensation.
Penerapan Praperadilan terhadap Problematika Penetapan Tersangka yang Tidak Memenuhi Dua Alat Bukti Hapsari, Trisa Aprillia; Mulyana, Yusep
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.v9i2.1904

Abstract

This research aims to examine the application of pre-trial to the problem of determining suspects who do not meet the requirements of at least two valid evidences in accordance with the provisions of Article 183 and Article 184 of the Criminal Code. This problem often occurs in criminal law practice in Indonesia, where the suspect is determined without going through valid procedures and without sufficient evidence, thus potentially violating the principles of human rights and substantive justice. This research uses normative juridical methods with legislative, conceptual, and case approaches, which focuses on the analysis of written legal norms and their application in practice through the study of laws and regulations, legal theories, and court decisions. The scope of the research includes the study of the evidence system in criminal procedure law as well as the protection of the rights of suspects, with the research object in the form of positive legal provisions, the theory of the validity of evidence, and the application of progressive law in judge's decisions. The types of legal materials used include primary legal materials (laws and decisions), secondary (legal literature and scientific journals), and tertiary (legal dictionaries and encyclopedias). Data collection is carried out through literature and documentation studies, while the analysis technique of legal materials is carried out descriptively-analytically by interpreting legal norms and examining their application systematically and critically. Research results show that pre-trial has an important function as a judicial control mechanism for investigators' actions that are beyond their authority. The Constitutional Court's decision number 21/PUU-XII/2014 has expanded the pre-trial object including the validity of determining the suspect. Through case studies such as the Pegi Setiawan case, it is proven that pre-trial is effective in ensuring the protection of individual rights and preventing abuse of authority by law enforcement officers. Therefore, the determination of suspects must be carried out carefully and based on valid legal procedures so as not to harm justice and public trust in the legal system.
Tahap Penetapan Penahanan pada Tindak Pidana Pencurian Ringan Menurut Restorative Justice di Wilayah Hukum Kepolisian Sektor Pasar Jambi A, Elvi Alfian
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.v9i2.1878

Abstract

Petty theft is a common social problem and reflects challenges in community security. Although considered a minor crime, this theft, which involves taking goods without violence, has a significant impact on the victim. This study aims to determine the process of determining detention in petty theft crimes in the Jambi Market Police Sector and to explain the restorative justice approach in resolving petty theft crimes in the Jambi Market Police Sector. The research method used is empirical juridical using a legal sociology approach so that the data sources used are primary data sources and secondary data sources with data collection techniques in the form of interviews, observations and documentation so that the data analysis technique is qualitative analysis. The results of this study indicate that the detention stage in petty theft cases in the Jambi Market Police Sector The detention determination stage for petty theft crimes in the Jambi Market Police Sector is in accordance with the Criminal Procedure Law. However, the case of theft of a cellphone by Danu Wijaya is not included in petty theft because the loss value is IDR 4,000,000, exceeding the limit of IDR 2,500,000. This case is categorized as ordinary theft and cannot be resolved through a restorative justice approach because the victim does not want to reconcile and Danu is a recidivist with two previous sentences for similar crimes.
Perlindungan Hukum terhadap Identitas Batik Merawit Cirebon Sebagai Produk Indikasi Geografis: Tinjauan Realistis dalam Hukum Kekayaan Intelektual di Indonesia Utami, Devi Citra; Wijayanti, Fahira Salsabila; Ginanjar, Yaumi Sidik
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.v9i2.1905

Abstract

The purpose of this study is to analyze the legal protection of Cirebon Merawit Hand-drawn Batik as a geographical indication product, the challenges and implications of geographical indication protection for craftsmen and the local economy. The method used in this study with a 4-month activity design with a scope related to intellectual property rights in geographical indications, the main materials and tools used are primary data sources, secondary data sources and tertiary data sources. Data collection techniques in the form of interviews and documentation so that the analysis technique is descriptive analytical. The results of this study are an analysis of the legal protection of Cirebon Merawit Hand-drawn Batik as a geographical indication product is to prevent counterfeiting and unauthorized use, increase competitiveness and economic value and maintain the sustainability of local culture and heritage. Then the challenges in the Implementation of Geographical Indication Protection are the lack of awareness and socialization, violations and counterfeiting that still occur and global competition and the implications of Geographical Indication Protection for Craftsmen and the Local Economy are increasing craftsmen's income, local economic development and protection of local community rights.
Studi Putusan Nomor 137/Pdt.G/2021/PN Gianyar Tentang Kepemilikan Hak Atas Tanah yang diperoleh Berdasarkan Perjanjian Nominee Amar, Nazwa Afipa; Rosmidah, Rosmidah; Suhermi, Suhermi
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.v9i2.1881

Abstract

The purpose of this study is to determine and analyze the rights of land owners due to nominee agreements in Decision Number 137/Pdt.G/2021/PN Gianyar and the legal remedies of land owners due to nominee agreements. The problems discussed include: (1) What are the rights of land owners due to nominee agreements after Decision Number 137/Pdt.G/2021/PN Gianyar? (2) What are the legal remedies of land owners due to nominee agreements after Decision Number 137/Pdt.G/2021/PN Gianyar. The method used in this study is normative juridical (case study). The results of the study indicate that the parties to the land lost their rights because the nominee agreement which was the basis for the purchase of the disputed land was contrary to statutory regulations, namely Article 1320 of the Civil Code and the UUPA, and efforts to resolve disputes were through mediation.
Kepastian Hukum Sistem Peradilan Pidana Koneksitas Pasca Putusan Mahkamah Konstitusi Nomor 87/PUU-XXI/2023 Apriliyanto, Teguh; Putra, Irman; Maryani, Ani
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.v9i2.1929

Abstract

The Indonesian criminal justice system faces various legal and practical challenges related to the uncertainty of the forum and coordination mechanisms between the general and military courts. Constitutional Court Decision No. 87/PUU-XXI/2023, read on November 29, 2024, established a new normative basis by integrating the Corruption Eradication Commission (KPK) into the Permanent Connectivity Team, allowing investigations and prosecutions of joint cases to take place in a single process. This study aims to analyze the extent to which this decision strengthens legal certainty in the connected justice system and identify implementation obstacles in the field. The method used is a normative legal approach with a statute approach, a conceptual approach, and a case law approach, supported by a critical review of the effectiveness of the Joint Decree (SKB) establishing the connection team, Standard Operating Procedures (SOPs), and the harmonization of the roles of the Military Prosecutor, Military Police, and the KPK. The results of the study highlight the legal uncertainty in the practice of connectivity between the military and general courts. Constitutional Court Decision No. Regulation No. 87/PUU-XXI/2023 provides a crucial foundation for integrating the Corruption Eradication Commission (KPK) into the Connection Team, enabling integrated case handling. However, its effectiveness remains hampered by technical regulations, inter-agency coordination, and the need for standard operating procedure (SOP) harmonization.
Evaluasi E-Court Sebagai Solusi Modernisasi Layanan Perkara Perdata: Kasus Pengadilan Negeri Metro Anggraini, Selvi; Firmansyah, Firmansyah
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.v9i2.1891

Abstract

Metro District Court is one form of public service that serves criminal and civil law issues. The form of public service needs to provide satisfaction to the community who need its services. The court innovates its services by using the E-Court system as a service in civil cases. The innovation of the E-Court system service is intended to improve services to the community. This study aims to evaluate the E-Court system as a service for civil cases at the Metro District Court. The method used is a qualitative approach with a descriptive research design. The types of data used in this study are primary data from interviews conducted with informants including judges, lawyers, court staff and the parties involved. Meanwhile, secondary data sources used in this study come from legal documents, reports related to E-Court. The data analysis used in this study is carried out with a descriptive approach to explain the data systematically according to the phenomenon being studied. The E-Court system can be said to be effective in supporting the Metro District Court in providing services to the public in civil cases. This can be seen from the timeliness process provided by the system in providing services where the system will provide fast service at a low price and can ensure that cases are handled properly. The existence of an E-Court system can support employees in improving the quality of service to the public by providing satisfactory service. Recommendations for further research include expanding similar technology to other types of cases and continuous evaluation of factors that influence the acceptance and implementation of technology in the justice system.
Tinjauan Yuridis terhadap Pencabulan Anak dibawah Umur Putusan Nomor 666/Pid.Sus/2023/PN. SRG Setiawanti, Via Mutiara; Hasuri, Hasuri
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.v9i2.1930

Abstract

The increasing crime rate in Indonesia has resulted in the emergence of various modus operandi in the occurrence of criminal acts, one of which is the abuse of minors. Child abuse can damage family life, the school environment, and even indirectly threaten the future of children who are the next generation of the Indonesian nation. The purpose of this study is to analyze the factors that cause the occurrence of criminal acts of child molestation in Serang Regency, Banten Province. This study uses primary data obtained from direct interviews with informants at the Class II Serang Prison, Banten. The conclusion of this study shows the factors causing the occurrence of child molestation from a criminal law perspective. The application of the law to perpetrators of criminal acts of child molestation is carried out by providing sanctions in accordance with Law Number 23 of 2002 concerning Child Protection, such as imprisonment or criminal penalties.
Eksistensi Surat Izin Pemeriksaan Majelis Kehormatan Notaris Sebagai Objek Sengketa Administratif Rana, Rafiqah; Anindita, Sri Laksmi
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.v9i2.1867

Abstract

This study aims to analyze the legal status of the examination approval letter issued by the Notary Honorary Council (MKN) as a State Administrative Decision (KTUN) and to evaluate the procedural compliance of the notary’s summons based on Supreme Court Reconsideration Decision No. 36 PK/TUN/2020. Using a normative juridical approach and case study method, the study finds that the letter meets the criteria of a KTUN and can be subject to an administrative lawsuit. However, the Supreme Court rejected objections regarding procedural violations due to the notary's attendance at the examination. The study concludes that government administrative law is more appropriate for assessing the validity of such administrative actions, emphasizing the principles of effectiveness and protection of individual rights. These findings highlight the importance of procedural understanding for notaries and the need for adequate legal assistance when facing administrative actions.

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