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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.
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Articles 525 Documents
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Implikasi Hukum Ketenagakerjaan terhadap Hubungan Industrial di Era Globalisasi Fathanudien, Anthon
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.v9i2.1873

Abstract

The era of globalization has brought significant changes in the structure and dynamics of industrial relations in various countries, including Indonesia. These changes include the liberalization of the labor market, the entry of foreign investment, and the adoption of new technologies and work systems that demand high flexibility in employment relations. This condition gives rise to various complex employment law implications, both in terms of labor protection, contractual flexibility, and the role of trade unions. This study aims to analyze how the Indonesian labor law system responds to the challenges of globalization in maintaining a balance between the interests of workers and employers and ensuring the stability of industrial relations. A normative legal approach is used by examining national laws and regulations, international conventions, and contemporary industrial relations practices. The results of the study show that there is still a gap between labor law norms and the reality in the field, especially regarding the issues of flexible employment, outsourcing, digitalization of the workforce, and protection of basic workers' rights. Therefore, it is necessary to reformulate employment policies that are adaptive, equitable, and oriented towards the development of harmonious and sustainable industrial relations in the global era.
Plurarisme Sanksi Pidana antara Blue Collar Crime dan White Collar Crime dalam Prespektif Keadilan Pranata, Elda; Yustia, Dewi Asri
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.v9i2.1977

Abstract

This study examines the pluralism of criminal sanctions between blue-collar crime and white-collar crime from a justice perspective, focusing on the disparities in law enforcement in Indonesia. Blue-collar crimes, typically committed by individuals from lower socioeconomic classes, such as theft or violence, often receive harsh penalties like imprisonment. In contrast, white-collar crimes, perpetrated by individuals of higher socioeconomic status, such as corruption or embezzlement, tend to receive lighter sanctions, such as fines or probation. This disparity raises questions about substantive justice and the principle of equality before the law. Employing a normative juridical approach, this study analyzes relevant legislation, including the 1945 Constitution, the Criminal Code, and Law No. 39 of 1999 on Human Rights, alongside case studies such as the Nenek Asyani case, the Bank Century scandal, and the HM tin corruption case. The findings reveal that law enforcement for blue-collar crimes is often swift and retributive, while white-collar crimes are frequently hindered by power dynamics, political connections, and legal impunity, undermining deterrence and social justice. Grounded in Pancasila’s justice theory and punishment theories (absolute, relative, and combined), this study highlights the need for balanced sentencing reforms, prioritizing restorative justice for blue-collar crimes and proportional sanctions for white-collar crimes. It recommends strengthening the independence of law enforcement, implementing mediation for minor cases, and adjusting criminal policies to ensure fair punishment proportional to the crime’s impact. Thus, this study contributes to the discourse on inclusive and responsive criminal justice in addressing social dynamics.
Implikasi Psikologi Forensik dalam Proses Asesmen dalam Pembuktian Tindak Pidana Narkotika Muhammad, Zulfikar; 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.v9i2.1967

Abstract

This study examines the application of forensic psychology in the assessment process for proving narcotic crimes in Indonesia, focusing on its contribution to justice and the accuracy of legal decisions. Forensic psychology, as a discipline integrating psychological principles into the criminal justice system, plays a crucial role in analyzing the psychological condition of perpetrators, including their motives, mental capacity, and level of narcotic dependency. This approach employs techniques such as clinical interviews, behavioral observations, and psychometric tests like MMPI and WAIS to produce reports that support courtroom evidence. The study adopts a normative juridical method with statutory, case, and conceptual approaches, referring to Law Number 35 of 2009 on Narcotics and related regulations. Findings indicate that forensic psychology enhances the objectivity of legal decisions by providing insights into psychological factors influencing perpetrators’ behavior, such as addiction or mental disorders, thus supporting restorative justice approaches. Additionally, forensic psychological assessments assist judges in distinguishing between perpetrators acting with full awareness and those influenced by external pressures, such as coercion or exploitation, commonly seen in drug courier cases.
Tantangan Penegakan Hukum terhadap Froud Perbankan dalam Industri Judi Online Pasha, Adam Kemal; 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.v9i2.1947

Abstract

The enforcement of law against banking fraud within the online gambling industry in Indonesia faces intricate challenges amidst rapid digital technology advancements. This study aims to analyze the forms of criminal liability for perpetrators of banking fraud involved in online gambling under Indonesia’s positive law and to identify the primary obstacles in law enforcement processes, along with investigators’ efforts to address them. Employing a normative juridical approach and literature review method, this research examines regulations such as the 1945 Constitution, Law No. 8/1981 on Criminal Procedure Code, Law No. 10/1998 on Banking, Law No. 8/2010 on Anti-Money Laundering, Law No. 1/2024 on Electronic Information and Transactions, and Law No. 1/2023 on the New Criminal Code. Findings reveal that perpetrators of banking fraud face penalties of up to 7 years under Articles 492 and 483 of the New Criminal Code for fraud and embezzlement, and up to 20 years under the Anti-Money Laundering Law for money laundering. Major challenges include difficulties in digital evidence collection due to advanced encryption, overseas servers, and low compliance in reporting suspicious transactions, as evidenced by PPATK’s 2025 report noting only 573 active reporters out of 89,000. Cases like the arrest of two online gambling bosses (OHW and H) in May 2025 exposed the massive abuse of 4,000 bank accounts, yet inter-agency coordination among the Police, OJK, Kominfo, and PPATK remains hindered by limited digital forensics and cross-jurisdictional issues. Investigators address these barriers by leveraging digital forensic technology, international cooperation through Mutual Legal Assistance, and enhanced big data-based monitoring systems. This study recommends a holistic approach integrating strengthened financial technology regulations, investigator training, and public education to prevent cybercrimes, thereby upholding the rule of law and safeguarding the national financial system.
Perluasan Alat Bukti Petunjuk dalam Tindak Pidana Pencucian Uang dari Tindak Pidana Asal Korupsi Nurdiana, Gilang; Budiman, Maman
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.v9i2.1975

Abstract

This article will examine circumstantial evidence in money laundering crimes and the expansion of circumstantial evidence in money laundering crimes from the original crime of corruption. The research method applies descriptive analytical research specifications and uses a normative legal research approach. The research data collection technique was obtained from literature and document studies. The data obtained was then analyzed qualitatively from a legal perspective, emphasizing legal analysis with formal thinking concepts and presented in the form of arguments. The results of the study show that circumstantial evidence in money laundering crimes can be obtained from evidence as referred to in Article 188 (2), namely witness testimony, letters, defendant testimony, and electronic evidence as referred to in Article 73 letter b of Law No. 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes. The expansion of circumstantial evidence needs to be pursued by expanding the evidence that serves as preliminary evidence of suspicious financial transactions with electronic evidence in the form of derived evidence, which will be useful in determining legal steps in the form of investigations or in proving cases in court, and needs to be reinforced with statements from financial transaction analysis experts.
Perlindungan Hukum Hak Waris terhadap Anak Beda Agama dalam Perspektif Hukum Positif di Indonesia (Studi Kasus Putusan Mahkamah Agung Nomor: 1/Yur/Ag/2018) Purba, Elisabet; Nalle, Viktor Imanuel Williamson
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.v9i2.1936

Abstract

Legal protection in the implementation of the distribution of inheritance of different religions and legal developments in the implementation of the distribution of inheritance of different religions. These are two different legal views regarding the inheritance rights of children of different religions. The choice of rules used depends on the event being experienced. Even though the two are different, they complement each other. According to the inheritance law of the Civil Code, heirs from different religions are not an obstacle, whereas in Islamic inheritance law, different religions are an obstacle as heirs. This research aims to analyze and compare legal regulations regarding the division of inheritance between children of different religions and heirs from the perspective of the Compilation of Islamic Law (KHI) and the Civil Code (KUH Perdata). Apart from that, analyzing the progress of the solution is also very important in solving this problem. So that the judge who has the right to decide the case has determined that children of different religions can obtain their rights through a mandatory will. The development of this decision has also been in effect since the enactment of Supreme Court decision No.1/Yur/Ag/2018. Children of different religions can obtain rights through a mandatory will based on a judge's decision. This decision can provide certainty to people who experience problems regarding the inheritance rights of children of different religions.
Perlindungan Hukum terhadap Korban Revenge Porn dalam Perspektif Psikologi Hukum Amalah, Arfa Shafiyatul; Abdulgani, Rika Kurniasari
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.v9i2.1968

Abstract

Advances in information technology have given rise to various new forms of crime in the digital realm, one of which is revenge porn, namely the act of spreading intimate content without consent as a form of revenge, generally carried out by ex-partners. This phenomenon has a serious impact on the psychological condition of victims, especially women, while existing legal instruments often do not provide optimal protection. This research focuses on analyzing legal protection for victims of revenge porn in Indonesia and examining the dynamics of the relationship between the perpetrator and the victim from a legal psychology perspective. The methodology used is normative juridical legal research with a qualitative approach through literature study. Data sources were obtained from primary, secondary and tertiary legal materials, which were then analyzed using descriptive-analytical methods. The findings show that even though there are regulations such as the TPKS Law, ITE Law, and Pornography Law, protection for victims is still not effective. Victims often experience victim blaming, social pressure and psychological trauma without adequate recovery. This research concludes that the current legal protection approach is retributive and does not provide comprehensive recovery for victims. Therefore, an interdisciplinary approach is needed that integrates legal, psychological and gender aspects, as well as strengthening psychosocial rehabilitation as part of restorative justice.
Peranan Krusial Penyidik Pegawai Negeri Sipil dalam Penegakan Hukum Pidana Lingkungan Berdasarkan Undang-Undang Nomor 32 Tahun 2009 Tentang Perlindungan dan Pengelolaan Lingkungan Hidup Amini Nst, Aisyah Putri; Senjaya, Murshal
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.v9i2.1906

Abstract

This study examines the critical role of Civil Servant Investigators (PPNS) in enforcing environmental criminal law under Law Number 32 of 2009 on Environmental Protection and Management. PPNS holds strategic authority in investigating environmental crimes, such as hazardous waste pollution and ecosystem destruction, yet faces challenges including limited resources, corporate resistance, and suboptimal inter-agency coordination. Employing a normative juridical approach with statutory and case analysis, this research evaluates the effectiveness of PPNS’s role and its collaboration with the police. Findings indicate that enhancing PPNS capacity through training, technological facilities, and regulatory reforms, including broader adoption of the strict liability principle, can improve environmental law enforcement. The study recommends establishing integrated coordination protocols and joint task forces to support environmental sustainability in Indonesia.
Analisis Kritis Money Politics Bahaya terhadap Demokrasi Hasibuan, Indah Malini; Fatimah, Siti; Alfarisi, Muhammad Adib
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.v9i2.1981

Abstract

Money politics has become a recurring issue and has become widespread in society. Money politics can take the form of cash donations and direct assistance, such as the distribution of basic necessities or souvenirs such as t-shirts or headscarves, commonly encountered during compaigns or before elections. The objects of money politics are generally target at lower-middle class citizens. This research aims to build a theoretical and conceptual understanding of money politics and its dangers to democracy. This study uses normative approach through legislation and relevant literature. The result show that money politics has become ingrained in society due to the lack of religious values held by the public and officials, as well as weak oversight of elections organizers. Money politics poses a real threat to democracy and can become a bridge to the emergence of corruption. Therefore serious enforcement of regulations prohibiting money politics is necessary, while still adhering to the values contained in Pancasila, while Indonesian law is fundamentally sound, the legal image has been tarnished by the behavior of unprofessional and irresponsible individuals.
Implementasi Perubahan Tata Ruang Kawasan Tambang dalam Rangka Kepastian Hukum di Provinsi Jambi Sarwani, Raden
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.v9i2.1995

Abstract

Regional Spatial Planning (RTRW) serves as a guideline for policy development, including long-term regional development plans, medium-term regional development plans, industrial development plans, and investment implementation in the region Law Number 15 of 2019. The establishment of the RTRW in the form of regional regulations (PERDA) provides a strong legal basis for regional governments to direct development, maintain environmental sustainability, prevent conflicts due to overlapping land use, and support sustainable economic growth without neglecting ecological aspects, as well as creating a balance between development and environmental preservation. In an effort to achieve the goals of the state, national development is carried out by all components of the nation and in its implementation there have been two changes to the spatial planning policy of Jambi province since the enactment of Jambi provincial regulation number 9 of 1993The Jambi Province spatial planning plan is no longer in line with regional, economic, political, and environmental developments, resulting in a decline in the quality of space in the Jambi Province region. The research method used is normative juridical, namely a study that focuses on legal norms, legal principles, and legal systems related to the issues discussed. The research findings show that changes in the spatial planning of mining areas in Jambi Province are the result of a complex interaction between internal and external factors, including economic, policy, environmental, social, and the dynamics of national spatial planning law. Internal factors such as the potential for large coal resources, limited logistics infrastructure, and the need for mining infrastructure development have driven changes in the spatial structure and spatial patterns of the region. Furthermore, enforcing compliance with spatial planning is key to directing mining activities to comply with sustainability principles and applicable laws.

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