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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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Problematika Penjatuhan Sanksi Pidana terhadap Anak dalam Kasus Penyalahgunaan Narkotika Veronica Agnes Walukow; Wenly R. J. Lolong; Reynold Simandjuntak
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.v10i1.2011

Abstract

Drug abuse among children is a multidimensional issue that requires a legal response that is sensitive to the principle of the best interests of the child. This study examines the issue of imposing criminal sanctions on children who abuse drugs, focusing on efforts to harmonize the Child Protection Law and the Narcotics Law and the application of the concept of restorative justice. Based on a normative legal research method with a legislative and conceptual approach, this study examines various regulations, court decisions, and relevant legal literature. The findings show a gap between the rehabilitative principle mandated by the Child Protection Law and the practice in the field, which is still predominantly oriented towards punishment. Although diversion mechanisms and restorative justice have been prioritized, their implementation is still hampered by the low level of understanding among law enforcement officials, limited rehabilitation facilities, and strong social stigma. Synchronization between the repressive nature of the Narcotics Law and the protective orientation of the SPPA Law has not been optimally achieved, resulting in inconsistencies in the application of sanctions. This study concludes that there is a need to reformulate policies that place rehabilitation as the main focus, strengthen the capacity of officials in restorative justice, develop community-based rehabilitation models, and improve coordination among stakeholders. The recommendations proposed include revising regulations on diversion, establishing special rehabilitation institutions for children, and implementing public education programs to reduce social stigma. Consistent application of the principle of the best interests of the child is expected to create a more protective and rehabilitation-oriented juvenile justice system.
Penyalahgunaan Narkotika Oleh Remaja di Kota Jambi dalam Perspektif Kriminologi Padlan Zamzimi; Herma Yanti
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.v10i1.2106

Abstract

This study aims to determine the factors that cause drug abuse by adolescents in Jambi City and to determine law enforcement in narcotics abuse by adolescents in Jambi City. this type of research is empirical juridical. The result of the research is that the factors that cause adolescents to abuse narcotics in Jambi City cannot be separated from parental control, because parents should protect, educate and provide a decent life both in terms of physical and psychological needs. Parents are expected to supervise and educate their children to always stay away from drug abuse. By providing religious education and general education. The young generation is the backbone of the nation and state. Law enforcement is carried out in overcoming narcotics abuse by teenagers, namely by conducting investigations, investigations and rehabilitation. In practice, law enforcement carried out in Jambi City with all the obstacles experienced, is sufficient in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. However, the Jambi City Police in handling cases of drug abuse committed by children have never been done by diversion. In addition to settlements that are not diverted, juveniles who are in the judicial process are not detained, either at the stage of investigation, investigation, and prosecution. The child awaits the court's decision by making a mandatory report, with parental guarantees that the child's presence, the obligation to report, do not run away, and do not damage the evidence.
Pertanggungjawaban Perdata Perseroan Terbatas Global Elektrik terhadap Pengguna Lampu Visalux Light Emitting Diode di Kota Jambi Nur Fauzia; Abdul Hariss
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.v10i1.2063

Abstract

This study examines the civil liability of Global Elektrik Limited Liability Company towards Visalux Light Emitting Diode Lamp Users in Jambi City. In the sales and purchase agreement between PT. Global Elektrik through 125 stores in Jambi City to customers, there are several complaints that arise regarding Visalux Light Emitting Diode lamp products that are claimed not to function properly. For this reason, further research is needed regarding the form of civil liability of PT. Global Elektrik to Users, what are the obstacles in implementing the civil liability and how to resolve the obstacles faced in implementing the civil liability of PT. Global Elektrik. The method in this study is a sociological juridical method with a descriptive study approach and a social approach. The research materials are in the form of primary, secondary, and tertiary legal materials with data collection techniques using interview techniques and document studies. Regarding the research in question, it is known that PT Global Elektrik is responsible for hidden defects in the lamps. The obstacles faced are related to proving the existence of hidden defects in the Visalux Light Emitting Diode lamps. Meanwhile, the form of responsibility from PT Global Elektrik is providing a guarantee, making replacements, and refunding the purchase price of the lamps, as well as providing souvenirs or compensation for users.
Kepastian Hukum Eksekusi Pidana Mati dalam Perspektif Pasal 100 KUHP 2023 Dean Christoforus Montolalu; Wenly R. J. Lolong; Yoan B. Runtunuwu
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.v10i1.2012

Abstract

This study aims to analyze the provisions and legal implications of Article 100 of the 2023 Criminal Code regarding the implementation of the death penalty in Indonesia, particularly in terms of legal certainty. Article 100 introduces a ten-year probation period for those sentenced to death, allowing for the conversion of the sentence to life imprisonment or 20 years if the convict demonstrates commendable behavior and actions. This policy raises questions about the consistency of court decisions, the predictability of sentence enforcement, and the authority of law enforcement agencies. The research uses a normative legal method with a legislative, conceptual, and analytical approach. The legal materials consist of the 2023 Criminal Code, the old Criminal Code, Constitutional Court decisions, academic literature, and related legal sources. The analysis was conducted qualitatively through the inventory and interpretation of legal norms. The results of the study show that Article 100 of the 2023 Criminal Code brings about a paradigm shift by placing the death penalty as a special punishment that is alternative and humanistic in nature. However, four main issues were found: potential legal uncertainty, the absence of objective standards in evaluating good behavior, the lack of synchronization between court decisions and the implementation of executions, which depend on administrative decisions, and the increasing burden on correctional institutions. Therefore, derivative regulations are needed to establish evaluation standards, oversight mechanisms, and inter-agency coordination so that the goal of humanizing the death penalty can be achieved without reducing legal certainty.
Politik Hukum Pidana terhadap Formulasi Sanksi Penggunaan Narkotika dalam Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika Mukhtar Latif; Kholil Syuaib; Reza Iswanto; John Kennedy; Abdurahman Syayuthi; Jeki Noviardi; Dian Eka Putra
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.v10i1.2079

Abstract

Problems arising in criminal law policy related to the formulation of sanctions for drug users in Law Number 35 of 2009 concerning Narcotics include the lack of clarity in distinguishing between addicts and dealers, inconsistent application of penalties, and the lack of a rehabilitation approach as an alternative to criminal punishment. This often results in users who should be receiving treatment being imprisoned, making it difficult to achieve the goals of recovery and reducing social impacts. Furthermore, there are challenges in integrating an understanding of international law and developments in health sciences with existing regulations in Indonesia. The research method applied uses a legislative approach with a six-month activity plan. The scope or object of study in this research includes criminal law policy and the establishment of criminal sanctions for drug abuse. The legal materials used consist of primary, secondary, and tertiary legal materials. The research location is focused on the Indonesian jurisdiction, with data collection techniques in the form of document studies. Data analysis was conducted using qualitative analysis methods. The results of this study are the problem in the regulation in Law Number 35 of 2009 concerning Narcotics regarding the use of narcotics is the application of harsh penalties for narcotics cases in Indonesia often does not clearly differentiate between users and dealers, so that many users who should receive rehabilitation are instead imprisoned and increasingly experience negative stigma. Law enforcement is also often inconsistent because the authorities have difficulty distinguishing users from dealers due to the unclear definition of narcotics in the regulations and criminal law politics regarding the formulation of sanctions for the use of narcotics in Law Number 35 of 2009 concerning Narcotics is directed at creating a balance between firm legal action to overcome narcotics abuse and providing rehabilitation opportunities for addicts in order to reduce the number of circulation, reduce negative impacts and save the younger generation from the dangers of narcotics more effectively and holistically.
Pertanggungjawaban Notaris terhadap Isi Akta Autentik yang tidak Sesuai dengan Fakta Tri Yuwono; Dhafin Ramadhan Ariyanto; Albertus Agung Hagai Beni Parhualar Sidauruk
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.v10i1.2016

Abstract

The purpose of this research is to analyze the forms of liability that can be imposed on a Notary if the contents of a deed they draft are proven to be inconsistent with the actual facts. A Notary's authority to draft authentic deeds is always accompanied by inherent legal liability, even after the Notary retires, as stipulated in Law Number 2 of 2014. In practice, errors in drafting deeds can occur either intentionally or through negligence, ultimately potentially causing losses to the parties. This situation raises questions about the extent of a Notary's liability for such errors. This study uses a normative juridical method with a statute approach. The results indicate that a Notary can be held accountable if proven to have committed an error that causes losses, whether due to negligence or intent, including general, civil, administrative, and criminal liability. If a Notary intentionally drafts, cooperates in the drafting of, or signs a forged deed, the Notary may be subject to criminal sanctions for their involvement in the act of forgery.
Urgensi Revisi Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika Terkait Pemanfaatan Ganja Untuk Kepentingan Medis Mhd. Badri; Sumaidi Sumaidi; Reza Iswanto
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.v10i1.2125

Abstract

Law Number 35 of 2009 concerning Narcotics needs to be revised to legalize the use of medical marijuana as an alternative medical therapy, in order to provide legal certainty for doctors and expand access to treatment for patients based on scientific evidence. This study aims to analyze inconsistencies in the current law and formulate criminal law policies related to the revision of Law Number 35 of 2009 concerning Narcotics. This research method uses a prescriptive approach with a six-month activity plan. The object of the study is the inconsistency between Article 8 of Law Number 35 of 2009 concerning Narcotics and the need for access to medical marijuana treatment. The legal sources used include primary, secondary, and tertiary legal materials. The study was conducted in Indonesia with qualitative analysis. The results of this study are: The inconsistency between Article 8 of Law Number 35 of 2009 concerning Narcotics and the need for access to medical marijuana treatment is a significant issue. This regulation aims to prevent drug abuse, but there is demand from the medical community and patients for research and the use of medical marijuana. Revision of the law is needed so that the use of medical marijuana can be carried out legally, providing legal certainty for health workers and patients.

Page 54 of 54 | Total Record : 537

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