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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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Kepastian Hukum terhadap Pembeli yang Beretikad Baik dalam Proses Balik Nama Sertipikat Tanah Ahmadi, Ahmadi; Amelia, Risky
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.v9i2.1955

Abstract

Land sale and purchase transactions that are not carried out through legal procedures according to statutory regulations are often used by the general public. The law in the area is not using a Sale and Purchase Deed made by a Land Deed Making Officer (PPAT) or Temporary PPAT (PPATS). This is often used by some people so that non-compliance with legal procedures results in the transfer of land rights not being able to be registered at the land office, so that the buyer does not obtain legal status as a legitimate land owner. Therefore, in this article, what will be reviewed is how the procedure so that the buyer can carry out a Change of Name according to the procedure and the legal impact if the transaction process is not carried out correctly. Normative and empirical Juridical Methods, namely by emphasizing secondary data by studying and reviewing the principles of positive law derived from library data and legal comparisons, as well as elements or factors related to the research object as part of field research. Underhand transfer of rights transactions in this case there is a defect or flaw, however, the buyer is considered to have good intentions by checking and taking care of the validity of the documents owned, therefore the change of name can be carried out based on an authentic letter made by a non-PPAT in this case a Court Decision that has permanent legal force. In this case, the Community is considered to be more careful, thorough and careful regarding the land object and can check the history of the land at the BPN.
Perlindungan Hukum Konsumen Atas Praktik Overclaim Iklan Produk Skincare di E-Commerce Dihubungkan dengan Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen Andriani, Nina; Rahmatiar, Yuniar; Abas, Muhamad; Sanjaya, Suyono
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.v9i2.1876

Abstract

Overclaim occurs when business actors convey excessive or factual information in product promotions, thus misleading consumers and violating the principles of transparency and honesty in trade. In the skincare industry on e-commerce platforms, this practice is increasingly widespread along with high market competition. Consumers are often disadvantaged because they do not have adequate ability to verify the truth of product claims. This study aims to examine the form of legal protection provided to consumers, as well as to examine the responsibilities of business actors based on the provisions of Law Number 8 of 1999 concerning Consumer Protection. The method used is qualitative with a normative legal approach, which focuses on literature studies and analysis of relevant laws and regulations. The findings in this study indicate the need to strengthen the legal protection system, both preventively through advertising monitoring mechanisms, and repressively through the application of strict legal sanctions. The active involvement of e-commerce platforms is also key to creating effective consumer protection in the digital space.
Pengaturan Hukum Pidana terhadap Pelaku Pertambangan Ilegal di Indonesia Dwi Ratmaja, I Gede Sadia; 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.v9i2.1953

Abstract

Illegal mining in Indonesia has become a serious issue with widespread environmental, economic, and social impacts. This study aims to analyze the criminal law regulations regarding illegal mining offenses and the sanctions imposed on perpetrators based on Indonesian positive law. The research method used is normative juridical, with a descriptive-analytical approach. The findings indicate that the primary regulation governing illegal mining offenses is Law Number 3 of 2020 on Mineral and Coal Mining (UU Minerba), which imposes a maximum prison sentence of 5 years and fines up to Rp100.000.000.000 (one hundred billion rupiah). Additionally, illegal mining activities causing environmental damage may be subject to additional sanctions under Law Number 32 of 2009 on Environmental Protection and Management and Law Number 18 of 2013 on the Prevention and Eradication of Forest Destruction. Although the regulations are clear, challenges in law enforcement remain a major obstacle. Therefore, synergy between the government, law enforcement agencies, and the community is needed to effectively eradicate illegal mining.
Penegakan Hukum Pidana terhadap Penyalahgunaan Ganja oleh Pelaku yang Mengalami Gangguan Jiwa (Studi Putusan No. 1/Pid.Sus/2022/PT SMG) Wijaya, Adhitya Katon; 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.v9i2.1972

Abstract

The author’s research for the thesis entitled “Criminal Law Enforcement Against Cannabis Abuse by Offenders with Mental Disorders (Case Study of Decision No. 1/Pid.Sus/2022/PT SMG)” focuses on examining how criminal law is applied to offenders who abuse cannabis while suffering from mental disorders, as well as reviewing the judge’s considerations in delivering criminal verdicts. This research employs a library research method, legal document collection, and descriptive qualitative data analysis. The data sources include official court decisions, statutory regulations, and relevant legal literature, which are used to provide a descriptive account of the application of criminal law to cannabis abuse committed by offenders with mental disorders. The findings reveal that the implementation of Article 44 of the Indonesian Criminal Code (KUHP) in such cases remains inconsistent. Law enforcement tends to prioritize repressive punishment over rehabilitative measures, even when there is strong medical and psychological evidence supporting the offender’s mental disorder. This situation indicates the need for policy and procedural reforms to ensure that the human rights and mental health care needs of the offenders are adequately protected. Furthermore, the study offers deeper insights into the importance of a legal approach that is not solely repressive but also takes into account the psychological condition and human rights of the offenders.
Analisis Peran Polri Saat Negara dalam Keadaan Darurat Militer Kharisma, M. Zendi; Prastopo, Prastopo; Makbul, A.
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.v9i2.1863

Abstract

Polri's main responsibilities are to uphold public security and order, enforce the law, and provide protection and services to the public. During martial law and wartime, Polri functions as a State Defense Resource to carry out state defense operations. This study seeks to explain the function of Polri during Martial Law, drawing lessons from the implementation of Martial Law in Aceh. The Polri has a dual role, particularly a special function in assisting military operations, with deployment through mobilization to augment and improve the strength and capabilities of the TNI. Polri's role is to enforce the law and maintain security in areas under martial law, by ensuring compliance with applicable laws and regulations. This research utilizes a data collection strategy that involves information gathered through interviews and document analysis from various relevant sources. The conclusion that can be drawn is that it is imperative to consider the future role of Polri in the context of martial law and states of emergency, with regard to the regulation of duties, powers, and responsibilities, as well as the strategies employed by Polri. Effective law enforcement can provide a deterrent effect, suppress insurgents, and simultaneously gain legitimacy and public support. This research aims to enable Polri to participate in the implementation of Military Operations in the future.
Model Ideal Penerapan Kebijakan Kompensasi dan Ganti Kerugian terhadap Masyarakat yang Terdampak Proyek Strategis Nasional dalam Pembangunan Berkelanjutan Fahri Erlangga; Faiz Aulia Rahman; Slamet Tri Wahyudi
Wajah Hukum Vol 10, No 1 (2026): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v10i1.2018

Abstract

Infrastructure development is currently being increasingly implemented by the Government of the Republic of Indonesia, and a Presidential Regulation of the Republic of Indonesia has been issued concerning the National Medium-Term Development Plan for 2025-2029 which regulates the National Strategic Projects (PSN), as the basis for infrastructure development included in the PSN from 2025-2029. The stages in the PSN are, Land Acquisition for Development in the Public Interest, where these stages must pay attention to fair compensation to affected landowners with the aim of supporting sustainable development and improving the quality of life of the community. The purpose of this study is to determine the application of compensation and compensation policies to communities affected by PSN and the ideal model for implementing compensation and compensation policies to communities affected by PSN in sustainable development. The methods used include the statute approach and the conceptual approach. The results of this study are that the ideal compensation model must be based on a Human Rights-based approach that emphasizes four pillars: justice (adequate and multi-form compensation value), protection (guarantee of no coercion, no criminalization, and special protection for indigenous peoples and vulnerable groups), participation (active involvement since planning, transparency of assessment data, and equality of bargaining position), and remediation (independent appeal mechanism, execution bond, and revocation of the location if the project is canceled so that the land can be reused).
Penerapan Cyber Notary terhadap Keabsahan Akta Publisitas Untuk Pendaftaran Badan Hukum Nanda Pamuji; Muhamad Rafli Nuruddin; Deni Dwi Mahardika
Wajah Hukum Vol 10, No 1 (2026): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v10i1.1999

Abstract

The purpose of this study is to determine the regulations regarding the registration of legal entities when applied with a cyber notary and to understand the validity or proof of the publicity deeds created for the registration of legal entities thru a cyber notary. Cyber notary is a concept for the electronic execution of a notary's duties, which has sparked both support and opposition from various parties, including practitioners and researchers. This is a dynamic in the implementation of Cyber Notary in Indonesia. The research method used is normative juridical with an approach thru legislation. The research results indicate that the regulation regarding the registration of legal entities thru cyber notaries is based on Article 15 paragraph (3) of the Notary Office Law (UUJN), which allows notaries to obtain other authorities based on the provisions of the law. According to the Minister of Law and Human Rights Regulation (Permenkumham), the legal form of cyber notary is provided only for limited purposes, specifically for submitting applications to use the name of a legal entity, applications for legal entity approval, applications for legal entity announcement, and approval of amendments to the articles of association of a Limited Liability Company. Furthermore, the deed of publicity in the registration of legal entities thru a cyber notary still has strong and perfect evidentiary power, based on Article 15 paragraph (3) of the Notary Law and Minister of Law and Human Rights Regulation Number 2 of 2016 which regulates the registration of legal entities thru the Legal Entity Administration System (SABH) as an electronic legal entity administration service system.
Aspek Hukum Paralegal Militer dalam Tugas Pokok Prajurit TNI AD Korps Hukum Militer Arief Fahmi Lubis; Boedi Prasetyo; Haeru Purwanto
Wajah Hukum Vol 10, No 1 (2026): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v10i1.1985

Abstract

The development of a military paralegal system within the Indonesian Army (TNI AD) is a strategic step to address the challenges of providing prompt and effective legal assistance, particularly in remote units or operational areas. Military paralegals, consisting of military personnel with basic legal training, have the potential to play a crucial role in supporting the duties of the Military Legal Corps (CHK), including providing legal assistance, managing legal administration, and providing legal education to soldiers. Although Law Number 16 of 2011 concerning Legal Aid and TNI Commander Regulation Number 46 of 2023 provide the legal basis for providing legal assistance, the absence of specific regulations regarding military paralegals in Indonesia creates gaps in the military legal system. Military paralegals play a role in supporting law enforcement, protecting soldiers' rights in accordance with the principle of due process of law, and strengthening the professionalism of the military legal system. Comparative studies with paralegal systems in other countries, such as the United States, demonstrate the need for structured education, certification, and strict oversight to ensure the efficiency and accountability of paralegals. Recommendations include the development of specific regulations, the development of a training curriculum, and the integration of paralegals into the CHK structure. With proper implementation, military paralegals can be a crucial element in strengthening justice and professionalism within the Indonesian military legal system.
Penanggulangan Tindak Pidana Pemerasan di Wilayah Hukum Kepolisian Sektor Pelayangan Kota Jambi M. Rudi Hartono; Hikmal Akbar
Wajah Hukum Vol 10, No 1 (2026): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v10i1.2093

Abstract

Criminal behavior in society takes many forms, one of which is extortion. In general, extortion involves the act of demanding something by force, either through violence or threats. This includes forcing someone to hand over their belongings in whole or in part, or to accumulate debt or write off receivables, with the intention of benefiting oneself or others at the expense of their rights. The coercive aspect of extortion usually involves the use of violence or violent intimidation. The legal framework governing extortion was regulated in Article 368 of the Criminal Code before the enactment of Law Number 1 of 2023, which established the new Criminal Code. Extortion in a society can result in various losses, including material and non-material losses. Furthermore, this criminal act can endanger the safety of individuals. Eradicating crime is a logical effort by officials and members of society to address this problem and promote shared prosperity. Therefore, preventive measures are crucial to prevent criminal activity, especially related to the extortion crime examined in this study, which is related to the Jambi City Police Service Sector. This study employs an empirical legal methodology, utilizing a socio-legal approach. Data for this study comes from fieldwork, which involves direct information collection through observation or investigation. The findings of this study indicate factors contributing to the prevalence of extortion crimes within the Jambi City police jurisdiction. These factors include economic factors, such as the perpetrators' lack of employment and steady income; environmental factors, such as the influence of their surroundings; and personality factors, such as laziness to find work and supplement their income; a lack of faith; a lack of sound decision-making ability; and a thuggish nature.
Perbuatan Pidana dan Pertanggungjawaban Pidana Pegawai Bank Badan Usaha Milik Daerah Atas Realisasi Kredit yang Menimbulkan Kerugian Keuangan Negara (Studi Putusan Pengadilan Negeri Medan No. 15/PID.SUS-TPK/2023/PN.MDN dan Putusan Pengadilan Negeri Medan No. 18/PID.SUS-TPK/2023/PN.MDN) Meirossa Taradita Rozak; Mohammad Ekaputra; Mahmud Mulyadi
Wajah Hukum Vol 10, No 1 (2026): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v10i1.2013

Abstract

Issues concerning non-performing loans in government-owned banks (BUMN/BUMD Banks) are frequently framed as acts of corruption by attributing the problem to errors committed by bank employees in conducting credit analysis and/or credit realization, and by linking such errors to the financial resources of BUMN/BUMD banks originating from separated state assets. This study aims to examine the procedures for credit realization in banks, the relationship between banking crimes and corruption in relation to credit realization in BUMD banks and the corresponding criminal liability, as well as to analyze the Medan District Court Decisions No. 15/Pid.Sus-TPK/2023/PN.Mdn and No. 18/Pid.Sus-TPK/2023/PN.Mdn. The research method employed is normative juridical, with data collected through literature study. The findings indicate that credit realization procedures in banks are governed by the Banking Law, Banking Principles, and each bank’s internal regulations. Errors committed by BUMD bank employees in conducting credit analysis which are deemed to deviate from internal regulations, as examined in Medan District Court Decisions No. 15/Pid.Sus-TPK/2023/PN.Mdn and No. 18/Pid.Sus-TPK/2023/PN.Mdn, are not appropriately categorized as acts of corruption, given that other areas of law—namely civil law—remain applicable, thus invoking the ultimum remedium principle of criminal law. Furthermore, even if civil law cannot be applied, the conduct of the BUMD bank employees in question would be more appropriately classified as banking crimes in accordance with the lex specialis systematische principle. Consequently, the imposition of criminal liability for corruption is inappropriate; instead, criminal liability should more properly be directed toward banking crimes.

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