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WAJAH HUKUM

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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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Pelaksanaan Hak Mengajukan Rancangan Peraturan Daerah dan Hak Imunitas Anggota Dewan Perwakilan Rakyat Daerah Mhd Ansori
Wajah Hukum Vol 3, No 2 (2019): Oktober
Publisher : Universitas Batanghari Jambi

There are several opinions regarding the function of the Regional People Representative Assembly, according to Jimly Asshiddiqie "the function of legislation or regulation in its concrete form is manifested in the function of forming regulations that bind citizens" and Bagir Manan said "the budget function is the right to participate in setting regional annual budgets". In practice, in formulating legislation including the formulation and formulation of regional regulations, Regional People Representative Assembly often has difficulties in generating initiatives to draft Regional Regulations that will become a policy in the administration of government and development. According to Bagir Manan in his book explaining the right of immunity namely the immunity rights of a member of the House of Representatives from certain legal processes, unless the immunity is dated or abandoned. To analyze how the application of the concept of the implementation of rights proposes a draft regional regulation and immunity rights for members of the Regional Representatives Council in Indonesia. the type of research used is normative juridical research, namely research focused on examining the application of rules or norms in positive law. This research uses "conceptual approaches, legislative approaches, and historical approaches".

Kajian Yuridis Penyelesaian Sengketa Medik di Indonesia Supeno Supeno
Wajah Hukum Vol 3, No 2 (2019): Oktober
Publisher : Universitas Batanghari Jambi

The higher level of education and welfare of the community will make the level of legal awareness of the community higher too, in the present context health care is not only seen as an ordinary relationship but has become a legal relationship between health workers and patients, in that relationship disputes can occur between the two sides parties, in fact many cases / medical disputes are directly processed criminally, Indonesian law has stipulated that if a case occurs then it can be resolved through administrative, civil and criminal law, the purpose of this study is to examine the main priorities of medical dispute resolution in case of suspected error and / or negligence committed by health workers. This paper is an idea and legal study that the author peels normatively. The results of the study indicate that if there is a suspicion of error and / or negligence made by a health worker must be checked first by an honorary assembly and sought as far as possible mediated.

Kekuatan Hukum Jangka Waktu Surat Kuasa Membebankan Hak Tanggungan Kredit Mikro pada Peraturan Menteri Agraria dan Tata Ruang/Kepala Badan Pertanahan Nasional Nomor 22 Tahun 2017 Ahmad Zulfikar
Wajah Hukum Vol 3, No 2 (2019): Oktober
Publisher : Universitas Batanghari Jambi

In providing credit, banks must be sure that the loaned funds must be able to be returned on time together with the interest and in accordance with the terms agreed upon jointly by the parties concerned in the credit agreement so that in the implementation of the credit agreement so that it can be carried out in a healthy and secure manner. For this reason, the issuance of Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency Number 22 Year 2017 is because microcredit currently has high potential in the use of SKMHT and shows that in microcredit, banks as fund channeling institutions still need guarantees in providing credit facilities so that they are regulated regarding the period of the power of attorney to charge the mortgage up to the end of the principal credit. However, with this regulation, the power of attorney imposes a micro credit guarantee given not increased to the mortgage, the bank as the creditor in providing micro credit to the debtor generally does not control the objects which are physical collateral guarantees, but only has administrative rights. The notary must have extensive knowledge about SKMHT in order to adjust the SKMHT clause both micro and non-micro. With in-depth knowledge of power of attorney, the Notary can ask the client. In this case the Notary's role is to direct the client in the contents of SKMHT so as not to conflict with the law, public order and decency. The agreement must be based on consensus or agreement from the parties that made it. Furthermore, the notary's function in preventing the duration of the power of attorney to charge micro credit dependents can be done by utilizing his position as one of law enforcers by providing legal counseling and to banks.

Akibat Hukum Perkawinan di Bawah Tangan terhadap Istri, Anak, dan Harta Kekayaan dalam Perspektif Hukum Islam dan Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan Nurhasan Nurhasan; Fitri Yani
Wajah Hukum Vol 3, No 2 (2019): Oktober
Publisher : Universitas Batanghari Jambi

Marriage is a sacred part of life, because it must pay attention to norms and rules in society. But for various reasons, marriage is often done in a variety of models of marriage. Like an underhand marriage. An underhand marriage is a marriage that has fulfilled the harmony and conditions of the marriage but has not stated the marriage to the competent authority as stipulated in the legislation. The purpose of this study is to reveal the legal consequences of the marriage results under the hand of his wife, children and property from Islamic Law and Law Number 1 of 1974 concerning Marriage in the hope that awareness of every Indonesian citizen arises to register marriages so that children's rights can well guaranteed. The methodology used is normative juridical, the results of research are that there are still many Indonesian people who do not understand the general provisions regarding the recording requirements and also do not understand the legal consequences that will occur to those who do the marriage under the hand.

Perkawinan Tradisi Jujuran dalam Adat Bugis Perantau di Kutai Kartangera: Suatu Kajian Perbandingan dengan Hukum Islam Eko Rial Nugroho; Abdul Wahid
Wajah Hukum Vol 3, No 2 (2019): Oktober
Publisher : Universitas Batanghari Jambi

One of the marriage processions is the presence of dowry. The culture of giving dowry differs from one region to another. The practice of the jujuran tradition in Kuala Samboja Village, Samboja District, Kutai Kartanegara District has social impacts, including men feeling restrained to get married. Whereas Islam provides convenience, so that each can enjoy a halal and good relationship. The problem is how is the comparison between marriage with the jujuran tradition in the Bugis nomads in Kutai Kartanegara with marriage in Islamic Law. The research method is a normative legal research that bases its analysis on legislation related to the research problems studied. The approach in this study is a doctrinal approach. Sources of research data are secondary data, namely data obtained from library research in the form of legal materials consisting of primary legal materials, secondary legal materials, tertiary legal materials. The results of the study, first, the jujuran tradition is a unity in the traditional marriage procession of the community of Kuala Samboja Village, Samboja District, Kutai Kartanegara Regency. The jujuran tradition is one of the benchmarks for the sustainability of marriage plans. The principle of marriage in the jujuran tradition is that marriage will not be carried out or canceled, if the jujuran cannot be fulfilled by the prospective bridegroom and his family. Secondly, marriage in Islam must fulfill the terms and conditions of marriage. The marriage guardian is one of the important elements in a marriage contract because marriage will no longer valid if it is done without guardian. There has been event that a marriage guardian refusing to marry his daughter on the grounds of contradicting the syara’, a reason that are not justified by the law of shara 'which is referred to as adhal (reluctant) then there must be replaced by wali hakim. The position of the wali hakim in the process of the marriage as the guardian in lieu of the guardian of the prospective bride or replacing the position of the nashab guardian who, due to certain circumstances, cannot or does not want to become a marriage guardian for his daughter. The position and authority of the judge's guardian is the same as the nashab guardian or guardian of the bride lady who is under his guardianship.

Penegakan Hukum terhadap Tindak Pidana di Bidang Pengukuran Titie Yustisia Lestari; Ridwan Tahir; Andi Afdhalia Sri Hayati
Wajah Hukum Vol 3, No 2 (2019): Oktober
Publisher : Universitas Batanghari Jambi

In trade traffic and buying and selling transactions, measuring instruments, measurements, and scales are one of the most vital and necessary facilities in supporting the realization of a transaction of goods and services. Its purpose is to determine the unit and weight of the goods and services which are the object of the trade and the transaction. For that reason, in every trade transaction, especially trade in goods, measurement tools, measurements and scales that meet legal metrology standards are needed. or legal metrology or legale metrology. This means that the measurement tools, measurements, and scales used in each transaction must have the legality and validity of the agency that is authorized to do so, namely from the Legal Metrology or Metrology Technical Implementation Unit (UPT) which carries out the metrological tasks residing in Provincial and Regency / City level. This research is an empirical study conducted in the city of Palu using the interview and questionnaire method. The results showed that there were still many violations committed by Legal Metrology starting from the need to guarantee fairness in trade, especially in the area of measurement and weighing. Legal metrology is mainly concerned with measurement tools regulated by law. Irregularities in legal metrology among traders often occur due to lack of legal awareness and ignorance of the laws governing legal metrology. Factors inhibiting law enforcement against legal metrology criminal acts include a lack of public awareness about the law itself and a lack of socialization about threats criminal offenses against legal metrology abuse.

Politik Hukum Pidana Pasal 240 Ayat (1) Huruf G Undang-Undang Nomor 7 Tahun 2017 Tentang Pemilihan Umum Terkait Membolehkan Eks Narapidana Korupsi Untuk Mencalonkan Legislatif Dilihat Dari Undang-Undang Nomor 12 Tahun 2011 Tentang Pembentukan Peraturan Perundang-Undangan Ferdricka Nggeboe; Reza Iswanto
Wajah Hukum Vol 3, No 2 (2019): Oktober
Publisher : Universitas Batanghari Jambi

The purpose of establishing a law is to protect the interests of society in general, not protect one's own interests. Therefore, in the content of Article 240 Paragraph (1) letter g of Law Number 7 of 2017 concerning General Elections relating to allowing corrupt prisoners to nominate a legislative is very unfortunate because in Article 240 Paragraph (1) letter g of Law Number 7 years The 2017 General Election opens opportunities for ex-convicts to run for legislative membership, while the Indonesian state expects a government that is clean from corruption, collusion and nepotism. Criminal law politics Article 240 Paragraph (1) letter g of Law Number 7 of 2017 concerning General Elections in relation to allowing ex-convicts to nominate legislative views of Law Number 12 of 2011 concerning Formation of Legislation Regulations is the contents of the contents of Article 240 Paragraph (1) letter g of Law Number 7 of 2017 concerning General Elections is not appropriate because it contradicts Law Number 23 of 1999 concerning the Administration of a State that is Clean and Free of Corruption. The consequences if Article 240 Paragraph (1) letter g of Law Number 7 of 2017 concerning General Elections is enacted is to facilitate ex-convicts of corruption to repeat their acts of corruption in government, cause public distrust of the government and complicate the Corruption Eradication Commission (KPK) in investigating criminal acts of corruption in the legislative body. Future criminal law politics in criminal law politics Article 240 Paragraph (1) letter g of Law Number 7 of 2017 concerning General Elections in relation to allowing ex-convicts to nominate a legislature is that the Article should not be used anymore because there are still many people who have not been caught in sanctions criminal who wants to run for legislative candidates and provide opportunities for ex-convicts to do the action again. To get the results of this study, a normative legal approach is used by prioritizing library materials or secondary data which is carried out by analyzing Article 240 Paragraph (1) letter g of Law Number 7 of 2017 concerning General Elections and then related to expert opinion.

Penerapan Politik Kriminal dalam Penanggulangan Tindak Pidana Terorisme Ryan Aditama
Wajah Hukum Vol 3, No 2 (2019): Oktober
Publisher : Universitas Batanghari Jambi

The application of criminal politics in the handling of criminal acts of terrorism is a preventive measure that can be taken to reduce the crime rate of terrorism. Terrorism is an organized crime, has a national and international network that is very troubling and concerns the world. Criminal acts of terrorism will occur at any time with unpredictable targets, their actions cause widespread public fear, cause casualties and property losses that are not small, also cause a very broad impact on the life of nation and state. Considering that the crime of terrorism is an extraordinary criminal act, it will also be overcome by using unusual methods such as ordinary crime in general. The preservation of criminal politics is a preventive effort that can be carried out by the government in preventing the emergence of criminal acts of terrorism.

Idealitas Penguatan Kewenangan DPD RI dalam Perspektif Ketatanegaraan Indonesia yang Dinamis* M Muslih
Wajah Hukum Vol 3, No 2 (2019): Oktober
Publisher : Universitas Batanghari Jambi

The Regional Representative Council is a new institution that replaces the Group and Regional Representatives as well as functions as a legislative member. However, the existence of this DPD has not been used optimally and is not "equalized" to the position of the DPR. When viewed from the perspective of democracy and popular sovereignty the electing process of DPD members is the same as that of DPR members through the LUBER and JURDIL Legislative Elections. Therefore, in order to optimize its role and function, the DPD needs to be strengthened with a variety of understandings and argumentations that support it.

Perlindungan Hak Asasi Manusia terhadap Narapidana Narkotika Sebagai Warga Binaan Pemasyarakat Menurut Undang-Undang Nomor 12 Tahun 1995 Tentang Pemasyarakatan Sigit Somadiyono; Nella Octaviany Siregar
Wajah Hukum Vol 3, No 2 (2019): Oktober
Publisher : Universitas Batanghari Jambi

This research specifically discusses the human rights of prisoners as prisoners in prison, which in their daily lives must be respected, upheld and protected by the state, the law (in this case the Penitentiary Act to be in line with the Human Rights Act), the government through the apparatus is correctional officers and fellow inmates. Prisoners in their daily life can make mistakes and lives that are in contact with human rights violations. The object of this research is the human rights of inmates as prisoners in prison (WBP). The formulation of the problems in this study are (1) How are the human rights protection arrangements for prisoners in prison according to Law Number 12 of 1995; and (2) How is the implementation of human rights protection for narcotics prisoners in prison in East Tanjung Jabung Regency. This study uses Law Number 12 of 1995 Concerning Corrections and other derivative regulations. The results showed that there were differences in the implementation of human rights protection for prisoners with Law Number 12 of 1995 Concerning Corrections.

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Home Page

OAI Link

Editorial Team

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Reviewer

Google Scholar

Contact Name Muhammad Subchan

Contact Email wajahhukum.unbari@gmail.com

Phone -

Journal Mail Official wajahhukum.unbari@gmail.com

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Location Kota jambi, Jambi INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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