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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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Kedudukan dan Keabsahan Hukum Perjanjian Joint Venture dalam Hukum Perdata Indonesia Amalia, Rafika; Rusmana, I Putu Edi
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.v9i2.1952

Abstract

The joint venture agreement is a form of business collaboration increasingly utilized in commercial practice by both domestic and foreign parties. However, Indonesian legislation does not explicitly regulate such agreements, raising legal questions regarding their standing and enforceability under national law. This study aims to examine the legal position of joint venture agreements within the Indonesian civil law system and assess their compliance with the validity requirements of contracts as stipulated in Article 1320 of the Indonesian Civil Code (KUH Perdata). This is normative legal research employing a statute-based and conceptual approach. The findings show that joint venture agreements are legally acknowledged and enforceable based on the principle of freedom of contract as articulated in Article 1338 of the Civil Code As long as the agreement meets the four requirements for a valid agreement, namely agreement, capacity, a specific object, and a lawful cause it is considered valid and binding under Indonesian civil law. Although there is no specific statutory framework governing joint ventures, their legal force is supported through legal doctrines and judicial precedents. This study concludes that the absence of explicit regulation does not invalidate joint venture agreements but highlights the importance of carefully interpreting foundational civil law principles to ensure legal certainty and protection for the contracting parties.
Analisis Normatif Tindak Pidana Pornografi (Studi Putusan No:46/Pid.Sus/2024//PN Jmb) Hartono, M. Rudi; Prakoso, Vito Ronaldo Akbar
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.v9i2.1976

Abstract

The crime of pornography is an act that violates moral norms by producing, distributing, or possessing pornographic content, which is regulated in Law Number 44 of 2008 concerning Pornography. Violations of this law can be subject to criminal sanctions in the form of imprisonment and fines. The crime of pornography is a phenomenon that arises in society that can be committed by anyone and against anyone who becomes a victim. Amidst advances in technology and science, the crime of pornography can also occur with the support of internet technology through social media accounts. Social media users are also expected to be wise in using available applications so as not to cause negative impacts and losses to others, especially in loading, distributing, transferring content containing pornographic elements. Of course, for anyone who commits pornographic acts must be responsible for their actions in accordance with applicable legal provisions, of course through the criminal justice system from the investigation process at the Police to the trial in Court until a judge's decision is made to determine whether someone is found guilty or not. The method used in this study is a normative juridical research type, while the approach used in this study is a case study approach. The data collected in this study was sourced from literature. The conclusion of this study is that the verdict handed down by the judge against the perpetrator of the pornography crime in this case study lacks a sense of justice and legal certainty. The judge failed to consider other elements in his considerations, thus making the application of the article inappropriate.
Eksistensi Putusan Penyelesaian Sengketa oleh Komisi Informasi Provinsi Jambi dalam Pemenuhan Hak Memperoleh Informasi Publik Yanti, Herma; Zamzimi, Padlan; Havid, Meutia
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.v9i2.1973

Abstract

The dispute resolution decision by the Information Commission is expected to encourage the emergence of information disclosure by Public Agencies that previously did not provide access to Applicants who needed the information. Considering that previously the Applicant had gone through the procedures and the length of time determined by law from submitting an application to the targeted Public Agency, submitting an objection to the Superior of the Public Agency concerned to the request for dispute resolution at the Jambi Provincial Information Commission, among others. The purpose of this study is to determine how the existence of the dispute resolution decision by the Jambi Provincial Information Commission on the fulfillment of the Applicant's right to obtain public information. This research is normative juridical with an approach of 43 decisions of the Jambi Provincial Information Commission from 2022 to 2024. The data was collected through a study of decision documents and analyzed qualitatively. The results show that most of the dispute resolution decisions provide a large space for the fulfillment of the Applicant's right to obtain the necessary information. Various information that was previously closed to the applicant is declared through the decision as open information. And of the decisions rejecting the application, which is also quite a large number, most of the reasons are because the dispute application submitted by the applicant is not within the scope of the Information Commission's authority. In other words, only a small part of the rejection decisions are because they confirm the decision of the Public Agency that refused to provide the information requested by the Applicant.
Sanksi Pidana Denda Bagi Pelaku Penyalahgunaan dan Pengedaran Gelap Narkotika (Studi Putusan Perkara Nomor 468/Pid.Sus/2024/PN Smg) Oktaviani, Aghnia Qinthari; Rochmani, Rochmani
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.v9i2.1938

Abstract

The illicit circulation and abuse of narcotics in Indonesia constitute a serious and escalating problem that threatens social and economic stability, as well as the future of the younger generation. One form of law enforcement against narcotics traffickers is the imposition of criminal fines as stipulated in Law Number 35 of 2009 on Narcotics. This study aims to explain and analyze the imposition of criminal fines in addressing illicit narcotics circulation and to examine judicial considerations in Case Decision Number 468/Pid.Sus/2024/PN Smg. The method employed is normative juridical research, which examines norms in positive law and court decision studies. Based on the research findings, the imposition of a criminal fine of IDR 1,000,000,000.00 with a subsidiary six-month imprisonment in this case is deemed insufficient to deliver the expected deterrent effect, as the offender may circumvent legal consequences through financial capability or networks within correctional facilities. The judge’s considerations in rendering the decision encompass juridical and sociological aspects; however, further evaluation of the fines is necessary to ensure they create both deterrence and justice. This study underscores the need to strengthen legal instruments so that criminal fines are not merely symbolic but also functional in combating narcotics-related crimes.
Kemerdekaan Pers di Indonesia pada Masa Pemilu 2024 ditinjau dari Teori Keadilan Hukum Az Zahra, Husna Meila Nahdah; asmorojati, anom wahyu
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.v9i2.1924

Abstract

This study aims to determine the independence of the press in Indonesia during the 2024 elections from the perspective of legal justice theory and to analyze the relationship between factors influencing press independence in Indonesia during the 2024 elections and legal justice theory. The method used in this study is normative legal research, which examines issues based on applicable regulations and literature studies. The results of the study show, first, that press freedom in Indonesia during the 2024 elections does not yet meet the principles of legal justice as stated by John Rawls. This is evident in the imbalance in news coverage, which results in news reports and journalistic products produced by some media outlets being unfair and far from balanced, thereby harming other candidates. In addition, the public is also disadvantaged because freedom in obtaining accurate and fair information has not been achieved as it should be. The existence of this imbalance in reporting shows that the press has not been able to carry out its function freely and fairly as a provider of information to the public. Second, the factors that influence press freedom in Indonesia during the 2024 elections show that there is still control by financiers (media company owners) over the press and that there are no firm regulations regarding the enforcement of press freedom, which can lead to violations of the principles of legal justice.
Legalisasi Aborsi Bagi Korban Perkosaan dalam Perspektif Hak Asasi Manusia (HAM) Guntara, Bima
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.v9i2.1996

Abstract

Legalizing abortion for rape victims is meant to improve the legal policy and enforcement of better and more accommodative to the protection of the victims of rape. Unborn babies also have the right to life. These differing perspectives on these two human rights have sparked much debate in society. This research is a normative legal analysis aimed at identifying legal concepts and doctrines related to the legalization of abortion for rape victims from a human rights perspective. The research approaches used in this study are the statute approach and the conceptual approach. The research approach used in this study is a statute approach and a conceptual approach. Research results (1) the government has issued regulations regarding the legalization of abortion for rape victims but does not have strong legal certainty. (2) The rights of women and the right of the fetus to life are equally protected by the laws of Indonesia. In the case of legalization of abortion for rape victims, the State applies the concept of limitation to the fulfilment of the right to life of the fetus, under the terms and conditions established by the Act governing the conditions and conditions permitted for abortions for the victims of rape.
Aspek Hukum Peran TNI Mengatasi Serangan Siber dalam Rangka Pertahanan Keamanan Nasional Qisty, Fauziah Nauri; Setiawan, Bayu; Utama, Anang Puji
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.v9i2.1949

Abstract

Cyberattacks are a growing and increasingly threatening form of non-traditional threat that endangers national security stability in the digital age. In this context, cybersecurity has become an integral part of the nation's defense system, making the role of the Indonesian National Army (TNI) in facing cyberattacks increasingly relevant and urgent. However, the legal aspects governing the authority of the Indonesian National Armed Forces (TNI) in the cyber domain still raise debate, particularly due to the lack of comprehensive and specific regulations. This research aims to examine and understand the legal basis governing the role of the Indonesian National Armed Forces (TNI) in addressing cyber threats, analyze the limits of its legal authority within the context of national cyber defense, and evaluate the implementation of existing policies. This research uses a normative juridical method, as well as relevant legislation (statute approach) and conceptual (conceptual approach) approaches. The research results indicate that although the role of the Indonesian National Armed Forces (TNI) is highly strategic in facing covert and high-risk cyber threats to national sovereignty, the involvement of the TNI must be based on a clear and firm legal framework, carried out through effective coordination with relevant institutions, and always uphold applicable legal principles.
Analisis Yuridis Pelaksanaan Corporate Social Responsibility (CSR) Pasca Pertambangan Indonesia Nurmala, Sheila Adi; Utami, Ikawati
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.v9i2.1925

Abstract

The implementation of post-mining Social Responsibility of Corporations (CSR) in Indonesia has become a major concern along with increasing awareness of sustainability and Social Responsibility of Corporations. The mining sector does contribute significantly to the national economy, but it also has negative impacts on the environment and surrounding communities. This investigation uses a normative juridical approach by analyzing various regulations, including Regulation Point 40 per 2007 concerning Limited Liability Companies, Regulation Point 4 per 2009 in conjunction with Regulation Point 3 per 2020 concerning Mineral and Coal Mining, Regulation Point 25 per 2007 concerning Investment, Regulation Point 32 per 2009 concerning Environmental Protection and Management, and Government Regulation Poin 47 per 2012 and Government Regulation Poin 96 per 2021. This study is based on the concept of sustainable CSR (Triple Bottom Line) and the theory of corporate responsibility, which emphasizes the balance of economic, social, and environmental aspects. A case study of corruption at PT Timah Tbk serves as an illustration to assess the gap between legal norms and practice in the field. The analysis shows that despite fairly comprehensive regulations, the implementation of post-mining CSR still faces various obstacles, such as legal uncertainty, weak oversight, limited human resource capacity, small budgets, low community contributions, and the absence of strict sanctions for violators. Therefore, CSR management reform is needed through strengthening regulations, increasing supervisory capacity, transparency in fund use, and active community involvement. The government is expected to play a more active role as a regulator, facilitator, and supervisor so that post-mining CSR can be implemented effectively, sustainably, and equitably.
Peranan Komite Olahraga Nasional Indonesia Provinsi Jambi dalam Pembinaan dan Pengembangan Olahraga Panahan Masriyani, Masriyani; Nuraini, Nuraini; Putri, Rizky
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.v9i2.1986

Abstract

Sport is a basic need for every human being and plays an important role in life. Physical activity is a characteristic of life, indicating that every individual needs movement for health and well-being. In this context, the role of the Indonesian National Sports Committee (KONI) in developing sports activities. One of the sports that cannot be ignored is archery, which has the potential to achieve proud achievements at the national and international levels. This study aims to analyze the role of KONI in developing archery athletes in Jambi Province, to unravel the obstacles faced in the coaching process, and to find solutions to overcome these obstacles. In this study, the method used is empirical juridical with a Socio-legal research approach. From the results of the study, it was concluded that KONI has made efforts to develop archery athletes, but has not been optimal. The obstacles faced are limited training facilities and infrastructure, which are caused by a lack of budget and minimal funding, less than optimal program assistance. Efforts made by KONI Jambi Province are to improve the budget system by submitting a budget plan in accordance with Regional Regulations, so that the needs of sports facilities and infrastructure can be met properly, it is important to plan independent funding sources for KONI. This study also recommends several strategic steps for KONI to support its role in the development and development of archery in an effort to increase the achievements and number of athletes at various levels, so that the achievements can be maximized.
Analisis Kepastian Hukum Atas Kepemilikan Tanah Dago Elos terhadap Hak Para Pihak Eugenia, Frederika; Nalle, Victor 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.v9i2.1940

Abstract

Previous studies on agrarian conflict in Indonesia largely emphasized the weak conversion of colonial land rights and the uncertainty of land status but have yet to examine contemporary cases involving document forgery and inconsistent court rulings. The articlee highlights the Dago Elos land dispute as a modern urban agrarian conflict that reflects the fragility of legal certainty. Using an empirical juridical method through analysis of Basic Agrarian Law (UUPA), court decisions, and community interviews, the study finds that expired eigendom verponding claims and forged documents intensified legal insecurity for residents. The findings reveal that land rights protection in Indonesia remains vulnerable, while the state of the art of this research lies in integrating colonial legal legacies, administrative manipulation, and the effectiveness of legal protection in contemporary land disputes.

Page 52 of 54 | Total Record : 537

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