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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 575 Documents
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Actio Pauliana Sebagai Bentuk Perlindungan Hukum Bagi Kreditor Konkuren dalam Kepailitan Gosal, Gwyneth Maylaffasya; Lolong, Wenly R. J.; Lumenta, Henry N.
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.v10i1.2056

Abstract

Bankruptcy is a situation in which a debtor is declared unable to fulfill their debt obligations to their creditors. In this situation, creditors, especially concurrent creditors, are often in a weak position because they have no security rights over the debtor's assets. To protect their interests, bankruptcy law provides the Actio Pauliana mechanism, which is the right of the trustee or creditor to cancel the debtor's legal actions that are detrimental to creditors before the debtor is declared bankrupt. This study uses a normative legal method with an approach to relevant legislation and legal doctrine. The results show that Actio Pauliana serves as a means of legal protection for concurrent creditors so that assets that have been transferred illegally can be returned to the bankruptcy estate to be used in the fair repayment of debts. This mechanism also has a preventive function to prevent debtors from committing fraud prior to bankruptcy. However, the implementation of Actio Pauliana still faces obstacles, including proving intent to harm creditors, time limits for filing, and the weak position of concurrent creditors compared to separate and preferential creditors. Thus, the application of Actio Pauliana is an important instrument in realizing the principles of justice and equality in bankruptcy law in Indonesia.
Penanggulangan Anak Didik Pemasyarakatan yang Melarikan Diri dari Lembaga Pemasyarakatan Kelas II A Jambi Nazifah, Nazifah; Yanti, Herma; Nugroho, Adithiya
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.v10i1.2124

Abstract

One of the main functions regulated in Law Number 22 of 2022 concerning Corrections is the security function, which aims to prevent correctional students from escaping from correctional institutions. Escapes by correctional students and detainees, both from correctional institutions and state detention centers, are a frequent and recurring problem. Jambi Class IIA Prison is one of the technical implementation units of correctional institutions whose implementation practices also face various challenges. Prisoner escapes are influenced by various factors, including limited security personnel, the physical condition of buildings and security facilities, overcrowding, and psychological factors related to the uncertainty of the legal process. Although the correctional system in Indonesia has been regulated normatively and has undergone regulatory updates, in practice, the strategic role of correctional institutions has not been fully optimal, particularly in terms of prisoner security. This study uses an empirical juridical research type with a socio-legal research approach. Efforts to address the escape of correctional students from the Class II A Jambi Penitentiary are, in practice, predominantly carried out through administrative and preventive approaches, such as increased supervision, enforcement of rules, guidance for correctional students, and recapture of escaped correctional students. Obstacles in addressing escape of correctional students are influenced by structural and institutional factors, including limited number of correctional officers, suboptimal security facilities and infrastructure, and overcrowding.
Tinjauan Yuridis terhadap Bentuk Pertanggungjawaban Hukum terhadap Praktik Nominee dalam Perjanjian Kredit Koperasi Syariah Amelia, Risky; Lumi, Ninva Eleazar; Tarmudi, Tarmudi
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.v10i1.2000

Abstract

The phenomenon of name borrowing in financial institutions, particularly Islamic cooperatives, creates significant legal consequences for both members and the cooperative. Name borrowing occurs when a cooperative member lends or allows his/her name to be used by another party to access financing facilities. From the perspective of civil law, this practice establishes a direct legal relationship between the member listed in the financing contract and the cooperative, even though the actual recipient and user of the funds is another person. This phenomenon has become widespread recently and has become the focus of researchers to examine the impact and solutions to the problems that arise as a result of borrowing names.This study aims to analyze: (1) the form of legal liability borne by cooperative members who engage in name borrowing according to the Indonesian Civil Code (KUHPerdata); and (2) the form of legal protection available to cooperatives against the risk of default arising from such practices. The research method employed is normative-empirical, with primary data obtained through interviews at Koperasi Syariah Benteng Mikro Indonesia (Kopsyah BMI), and secondary data consisting of the Civil Code, the Cooperative Law, and relevant legal literature.The findings indicate that Article 1338 of the Civil Code affirms the principle of pacta sunt servanda, whereby members whose names are stated in the financing contract remain fully responsible for repayment obligations, regardless of who actually benefits from the funds. In the event of default, the consequences are regulated under Articles 1243 and 1267 of the Civil Code, which include performance fulfillment, contract termination, and compensation. Furthermore, if name borrowing is proven to involve bad faith, it may also be categorized as a tort under Article 1365 of the Civil Code.In conclusion, the practice of name borrowing poses legal and financial risks for both members and cooperatives. Legal protection for cooperatives may be pursued through non-litigation mechanisms (collection, warning, restructuring) as well as litigation (lawsuits for breach of contract or tort). To prevent similar cases, cooperatives should strengthen member identity verification, impose financing limits, and enhance legal and Sharia education for their members.
Analisis Kualifikasi Pencurian Ringan dalam KUHP Baru (Undang-Undang Nomor 1 Tahun 2023) Ternando, Albi; Haryadi, Deddy; Sembiring, Senta Jaya; Feroliza, Sindi; Syazali, Emir Adzan
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.v10i1.2109

Abstract

The reform of national criminal law through the enactment of Law Number 1 of 2023 concerning the Criminal Code is a strategic step taken by the state to adapt criminal law to the dynamics of social development and the values of justice that exist in society. One of the significant changes in the new Criminal Code is the re-arrangement of the qualifications for petty theft crimes, accompanied by the implementation of a more diverse and proportional sentencing system. This study aims to analyze the provisions of petty theft in the old Criminal Code and compare them with the new Criminal Code, as well as examine their application to the criminal system and law enforcement in Indonesia. The research method used is normative juridical legal research with a statutory regulatory approach and a conceptual approach. The research analysis is based on criminal law theory, the principle of legality, and criminal theory. The results show that the new Criminal Code provides a clearer classification of petty theft and emphasizes the use of alternative punishments, such as fines, community service, and supervision. The implementation of these provisions still encounters various obstacles, especially in terms of the readiness of law enforcement officers and public understanding of the concept of more humanistic and restorative punishment. Therefore, regulatory strengthening and ongoing outreach are necessary.
Penerapan Hukum terhadap Menerbangkan Balon Udara dalam Rangka Melakukan Tradisi Adat Siregar, Dina Fahira Azhari; Marlina, Marlina; Rizky, Fajar Khaify
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.v10i1.2068

Abstract

Flying hot air balloons in East Javanese society is a custom before welcoming Eid al-Fitr, but in this case, this custom has the potential to be dangerous to public safety. The case of flying a hot air balloon that endangers an aircraft that will be studied in this research is a case of a hot air balloon flown by several people and is considered a criminal offense as has permanent legal force based on Court Decision Number 68 / PID.B / 2022 / PN Png and Decision Number 114 / Pid.B / 2022 / PN Mjy. The research method uses a normative method. The results of the study state that the legal regulation of flying hot air balloons within the framework of traditional traditions in Indonesia is regulated in the Minister of Transportation Regulation Number 40 of 2018, however, as the regulation is a ministerial regulation, its substance is limited to regulating the procedures for supervision and administration in flying hot air balloons. The qualifications for criminal acts that endanger aviation are according to Law Number 1 of 2009 concerning Aviation. As seen from Article 411 of the Law, it does not explicitly mention criminal provisions for the actions of people who fly hot air balloons. The judge's consideration in applying Article 411 in Decision Number 68/Pid.B/2022/PN Png and Decision Number 114/Pid.B/2022/PN Mjy considered that the defendants had endangered the flight by flying the hot air balloon.
Peran Keterangan Ahli Bagi Hakim dalam Memutus Perkara Tindak Pidana Lingkungan Hidup (Studi Putusan Nomor 71/PID.B/LH/2021/PN SNT) Adri, Saidil; Putra, Rahmat Angga Dwi
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.v10i1.2039

Abstract

Environmental crimes differ from general crimes because the object of evidence involves technical and scientific elements. Evidence is a crucial aspect of the trial process, as it is through this stage that a defendant's guilt or innocence is determined. In environmental cases, expert testimony is crucial as a bridge between the scientific and legal worlds. This study aims to analyze the role of expert testimony for judges in deciding environmental crime case No. 71/Pid.B/LH/2021/PN Snt. This research is normative research with a statutory, case study, and conceptual approach. The results indicate that, in handling environmental cases, an expert is held to a higher standard, given the central role of expert testimony in translating scientific findings into legal evidence. Although expert opinions are independent, judges are not bound to use them as the basis for their decisions; rather, the panel of judges follows the expert's opinion as a consideration in their decisions.
Upaya Pembentukan Pengadilan Khusus Pertanahan Untuk Mengurai Kewenangan Peradilan Umum dalam Mengadili Perkara Sengketa Kepemilikan Tanah Erlangga, Fahri; Triadi, Irwan
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.v10i1.2020

Abstract

The purpose of this research is to examine the current authority of the general courts and to analyze the efforts to establish a specialized land court as a means to clarify and streamline the jurisdiction of general courts in adjudicating land ownership disputes. Land dispute resolution may presently be pursued through competent judicial bodies, namely the General Courts and the Administrative Courts (PTUN). However, disparities in judicial decisions on similar cases continue to occur, indicating the need for a specialized judicial institution dedicated to addressing land disputes. This study employs a normative juridical methodology, utilizing the statute approach and the conceptual approach. The findings reveal that the current jurisdiction of the general courts in land ownership disputes includes examining, adjudicating, and resolving cases related to the proof of ownership rights or other civil rights over the disputed land. Meanwhile, efforts to establish a specialized land court have been pursued in a serious manner, driven by the complexity, high frequency, and sensitivity of existing land disputes. These efforts refer to the People’s Consultative Assembly Decree No. IX/MPR/2001 on Agrarian Reform and Natural Resource Management, as well as Law No. 48 of 2009 on Judicial Power.
Filsafat Ilmu Sebagai Sarana Berfikir Ilmiah dalam Ilmu Pengetahuan: Integrasi Perspektif Islam dan Maqāṣid Syarī‘Ah Mutaqin, Deden Zaenal; Syukri, Ahmad; Yenti, Zarfina
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.v10i1.2065

Abstract

The philosophy of science plays a fundamental role in shaping rational, systematic, and responsible scientific thinking. In the development of modern science, scientific thinking is often limited to a methodological-positivistic dimension and separated from the value dimension. This article aims to broaden the horizon of scientific thinking by integrating the philosophy of science with an Islamic perspective and the maqāṣid al-syarī‘ah (objectives of Islamic law). This research uses a library research method with a philosophical-normative approach and conceptual analysis. The results show that the philosophy of science functions as a meta-theoretical tool that guides the ontology, epistemology, and axiology of science. In Islam, scientific rationality is rooted in monotheism and driven by revelation, while the maqāṣid al-syarī‘ah serves as an axiological compass that ensures that science is oriented towards the benefit of God. This integration creates a scientific thinking paradigm that is holistic, ethical, and relevant to the challenges of contemporary science.
Sertipikat Elektronik dalam Kebijakan Satu Peta dan Satu Data: Reformasi Digital Sistem Pertanahan di Indonesia Ernandyanti, Della; Suparjo, Suparjo
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.v10i1.2049

Abstract

This research aims to analyze the role of the One Map Policy and the One Data Policy in enhancing the validity and accuracy of data for the issuance of electronic land certificates, as well as to examine how the implementation of electronic certificates contributes to improving legal certainty and the protection of land rights in Indonesia’s digital era. Using a doctrinal research approach supported by secondary data, including laws and regulations, books, journals, and articles, this study finds that the One Map Policy provides an integrated and standardized geospatial data foundation that ensures spatial accuracy in electronic certificates. Meanwhile, the One Data Policy ensures the consistency and validity of data related to rights holders and ownership history. The combination of these two policies is essential to creating credible electronic certificates and reducing the potential for future disputes. Furthermore, the study identifies that the implementation of electronic certificates can improve the efficiency and transparency of land administration services, thereby strengthening legal certainty and protecting land rights from risks of loss, damage, and forgery. Nevertheless, challenges such as the digital divide, the need for data harmonization, and regulatory refinement must be addressed to optimize the implementation of the electronic certificate system across Indonesia.
Pelaksanaan Hukuman Mati dalam Perspektif Hak Asasi Manusia Nebi, Oktir; Saputra, Warfian
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.v10i1.2069

Abstract

The death penalty is a sanction imposed by taking the life of a person who has violated the law. In Indonesia, there is a debate regarding the death penalty when viewed from a Human Rights perspective. Opinions supporting the death penalty argue that such action does not violate Human Rights because the perpetrator has harmed the Human Rights of the victim and society. On the other hand, there are also views that reject the death penalty on the grounds that taking someone's right to life, which should be highly respected, should not be carried out by anyone. Therefore, there is pressure for the death penalty to be abolished in the applicable regulations. The questions to be discussed in this study include How is the Implementation of the Death Penalty in Indonesia and What is the Human Rights perspective on the implementation of the death penalty in Indonesia? This paper attempts to provide insight into the death penalty from a Human Rights perspective in Indonesia, both from the perspective of applicable legal theory and from current practice. This research is a normativelegal research conducted through a literature review by analyzing various primary, secondary, and tertiary legal sources. In addition, researchers also conducted observations on the practice of the death penalty, public responses regarding the implementation of the law, and conducted interviews if necessary with practitioners or experts in the fields of law, sociology, and politics.

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