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WAJAH HUKUM

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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 525 Documents

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Penegakan Hukum Lingkungan Bidang Pertambangan Batubara dan Penguatan Lembaga Masyarakat Adat Afif Syarif; Eko Nuriyatman
Wajah Hukum Vol 4, No 1 (2020): April
Publisher : Universitas Batanghari Jambi

This scientific article discusses the enforcement of environmental law in the field of coal mining and the strengthening of indigenous community institutions in Bungo Regency. The research approach method used in this scientific article is normative juridical and empirical juridical to be able to find the concept of enforcement of environmental law in the field of coal mining by examining the principles of mining law for the welfare of the community. The nature of environmental law should be able to prevent the occurrence of pollution and environmental damage and the existence of institutions of indigenous peoples in Bungo District has not functioned in the enforcement of environmental law in the field of coal mining business. Therefore the Bungo District government needs to strengthen the institutional of indigenous peoples so that it can function to enforce environmental law against coal mining to improve the welfare of the people in Bungo District.

Perbandingan Dewan Perwakilan Daerah (DPD RI) dengan Negara Lain Abustan Abustan
Wajah Hukum Vol 4, No 1 (2020): April
Publisher : Universitas Batanghari Jambi

The basic idea of the establishment of DPD is the desire to better accommodate regional aspirations and also give a major role to the region in the political decision-making process for matters relating to the region. In the document of Strategic Plan (Renstra) of the House of Regional representatives (DPD) period 2015-2019 mention that the main objective of DPD RI is the realization of DPD RI as one of the State institutions that play an active role and maintain a balance in the state authority in the field of legislative, through the optimization of the implementation of the parliamentary function. The problem formulation in this journal is how to increase the status of DPD in establishing and strengthening the political representation in Indonesia and how to setup the authority of the Regional Representative Council (DPD) Republik Indonesia (RI) when compared with other countries. The discussion in this journal is the change of UUD 1945 to change the system of representatives in the state of Indonesia that previously did not reveal the actual representation. With the presence of the DPD, in the Indonesian representative system, the DPR is supported and should be strengthened by the DPD. With such conditions, the DPD institution has a very high legitimacy, which should have a high formal authority anyway, but in reality the formal authority is very low. The arrangement of the authority of DPD must be done through the Fifth Amendment UUD 1945. This is necessary for the DPD to have a constitutional certainty, so it will guarantee the continuity of the performance of DPD in the present and future. This arrangement is done by considering two things: first, Dpdas the same representative institution with the House of Representatives, should be engaged optimally in the process of making political decisions nationally. Secondly, the Fifth Amendment of the UUD 1945 is intended to assert the DPD as an institution that holds the authority to form legislation; Has a function of legislation; budget function; and surveillance functions; Then to change the articles that have been debilitating the DPD, namely related to the authority to file a RUU, discussing the RUU and also give the last consideration, this change is also done so that the DPD can then supervise with the giving of the right to ask questions, the right to ask for information and the right of a questionnaire and DPD RI through its tools (honorary body) in charge of implementing the code, is expected to always evaluate and revise the rules of DPD RI that is deemed to be no So ideally, do a comparison of the code of ethics with other countries, in order to minimize the misuse of budgets, duties and authorities.

Alternatif Untuk Meminimalisasi terhadap Pelanggaran HAM dalam Penegakan Hukum Pidana Ryan Aditama
Wajah Hukum Vol 4, No 1 (2020): April
Publisher : Universitas Batanghari Jambi

Related to the general provisions of Law No. 39 of 1999 concerning Human Rights, which states that the beginnings of the history of the Indonesian nation to date have recorded various problems including: suffering, misery and social inequality, resulting from unjust and discriminatory acts and actions on ethnic, racial, cultural understanding, language, color, skin, and religion, as well as class, gender, and even social status and others. These unjust and discriminatory acts are included in violations of human rights, both vertically "carried out by the state apparatus itself to citizens or even vice versa" or those that are horizontal "ie between citizens themselves" and do not allow those included in the category for gross violations of the conception of human rights (grossviolation of human rights). This alternative to minimize human rights violations in criminal law enforcement is an effective way to reduce the number of human rights violations in Indonesia.

Penambahan Kuasa Membeli dalam Pembiayaan Murabahah pada Praktik Bank Syariah Jalaluddin FA
Wajah Hukum Vol 4, No 1 (2020): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v4i1.145

One of the sharia bank products which is the result of modification is a murabahah financing contract. Namely, buying and selling transactions where the bank mentions amount of profits. The bank as a seller, while the customer as a buyer. In muarabahah, there is a contract known as murabahah with buying authority. The implementation of murababahah with buying authority is, when a customer proposes murabahah financing in Islamic bank, the customer does not only carry out the murabahah financing contract but the customer is also given an authority from the bank to buy the goods desired directly. This study wants to find out whether the implementation of murabahah financing with buying authority allows in Islamic law or not. This research uses normative juridical research type. Researcher analyzes data using descriptive research techniques. This research results that murabahah financing with buying authority is allowed in Islamic law with the condition that in carrying out two contracts is needed to conduct carefully. It must not be conducted in same time, the ownership status must be clarified and the price must be agreed at the beginning of the contract.

Pelaksanaan Pertanggungjawaban Sosial Perbankan terhadap Koperasi dalam Hal Sertifikasi Kekayaan Intelektual Sebagai Jaminan Kredit Perbankan Wibi Anska Putri
Wajah Hukum Vol 4, No 1 (2020): April
Publisher : Universitas Batanghari Jambi

HKI is a work declared by creative economic actors as an effort to encourage Indonesia's economic growth. In addition to being a form of legal protection, the existence of one type of HKI namely the brand can be used as a concept as collateral. In fact, there is no legal force to implement this because there are no regulations governing it, causing legal uncertainty for the parties involved, especially regarding the policy of banking institutions in providing credit to cooperatives or UMKM that have been certified. The results of this paper show that the application of collective brand certificates to be used as collateral for bank loans does not yet have legal certainty, and the efforts that can be made by the government are to harmonize regulations, provide counseling on the importance of the existence of HKI, and monitor the balance between applicable rules and reality. which took place in the field. The role of cooperatives or UMKM is to maintain good performance when banking institutions have provided access to capital in the form of credit by implementing the Linkage Program Executing pattern based on the principle of consensus or trust and applying risk management principles in each credit agreement. The social responsibility of banking institutions in this case is to provide easing of collateral and is not commercial in nature.

Efektifitas Penegakan Hukum terhadap Pelaku Tindak Pidana Pembakaran Hutan di Provinsi Jambi Reza Iswanto; Sumaidi Sumaidi
Wajah Hukum Vol 4, No 1 (2020): April
Publisher : Universitas Batanghari Jambi

The problem of forest burning has become a problem in Jambi Province because it is considering the amount of smoke generated from forest fires that is detrimental to the people of Jambi Province. Therefore, there must be law enforcement against those who carry out forest fires so that forest fires do not happen again. However, in reality law enforcement also still has selective logging so that the cases revealed only involve individual actors, whereas for companies only one company is sealed. In addition, factors affecting law enforcement itself such as the lack of human resource capacity regarding understanding of environmental crime, improper equipment and the many regulations regarding evidence in the law so that future efforts in carrying out law enforcement against forest fires are resource human law enforcement must be improved, prepare sophisticated equipment and proof does not have a lot of evidence.

Problem Penambangan Emas Tanpa Ijin Ditinjau Dari Aspek Pidana Lingkungan Hidup dan Etika Dedy Syaputra
Wajah Hukum Vol 4, No 1 (2020): April
Publisher : Universitas Batanghari Jambi

There are several cases of environment in Jambi province including haze, forest fires, floods, PETI (gold mining without permits), and so forth. This is always the case of repetition from year to year as if it did not have a permanent solution. Alleged authors in this regard are some possibilities, namely: society does not understand or understand whether its actions (in the context of environmental destruction) that include violating criminal law or not? And on the basis of the community, so there is a notion that what they do is not contrary to the law. Based on the hypothesis above, the authors are interested in describing what exactly this Problembox is from the perspective of criminal law and ethics. So hopefully able to educate the community that the deed can be said to violate/not violate criminal law. Then, the author tries to offer a preventive solution from an ethical perspective; That is what the moral philosophy can offer so that the environmental cases in the context of the criminal law can be addressed to the fullest extent possible. This paper uses a qualitative approach with its data analysis techniques using analytical content techniques. With this approach, the following conclusions are obtained: (1) The criminal threat as stated in the articles is imprisonment and fines. In addition there is additional criminal or order action against the business entity Article 119 Act Number 32 year 2009 on environmental protection and management. Regarding some factors that are hindering in law enforcement, namely legal means, law enforcement officers, facilities and means, licensing, AMDAL system, Public law awareness of the environment. (2) In the view of Al-Ghazali man has a very heavy function, duty and responsibility as the maintainer of all the SDA (natural resources) that exist on this earth. When people understand the function in this world is to maintain the environment, then automatically, this moral concept will be a preventative step over the real-life CHEST activities that have caused human environmental damage.

Legal Protection of Minority Shareholders (Acquisition Company in Indonesia and Malaysia) Sigit Somadiyono
Wajah Hukum Vol 4, No 1 (2020): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v4i1.88

The objective of research was to analyze the comparative legal provisions concerning the implementation regulation of the Legal Protection of Minority Shareholders in Context Acquisition Company in Indonesia and Malaysia. The journal is compiled with normative juridical research method with the approach of legislation, the conceptual approach and the approach of comparative law. Based on the survey results was revealed that basically the concept and criteria of legal protection of minority stockholders in the context of the acquisition of the same company. While suitability setting the position of trainee Shares Minority In Context Acquisition of Companies in Indonesia in accordance with the regulations but very difficult to implement because of the overlap with the rules above while in the Royal Malaysian implementation is very smooth due to the form of the rules in the form of legislation even though there are still gaps that need to be fixed in legislation there especially in the aspect that is still loose and often manipulated by the majority shareholders.

Peranan Hukum dalam Mencegah Praktik Politik Uang (Money Politics) dalam Pemilu di Indonesia: Upaya Mewujudkan Pemilu yang Berintegritas M Jeffri Arlinandes Chandra; Jamaludin Ghafur
Wajah Hukum Vol 4, No 1 (2020): April
Publisher : Universitas Batanghari Jambi

The presence of a political party in the modern constitutional system is one of the necessity as one of the institutions authorized to fill the political position/power. The filling of the department/Power referred to one must be done through the mechanism of direct selection by the people is to fill the legislative office (DPR, DPD and DPRD) and executives (Presidents and regional heads). Thus, the political parties and the elections are two things that must be mandatory in a democratic state. A problem that always arise in the election is money politic. The majority of the advanced candidates run for the head of the political parties – allegedly strong – always involve material/money to win it. The practice of money politic in the Indonesian system of participation and election is believed to be one of the reasons for the quality and performance of democratic institutions in Indonesia, especially the political parties and parliaments. This kind of thing needs to be identified on what is the factor that causes the political money (money politics) and the necessity of the role of the ideal law (legislation) in providing solutions in reducing or even (when possible) preventing the occurrence of political money (money politics). The type of research used is juridical normative legal research, which is legal research conducted by examining the library material. There are 3 (three) reasons for the emergence of political practice money (money politics) in the elections, namely: (i) Patron-client, poverty factor, low Party-ID. The role that can be taken by the law in preventing the political practice of money is (i) required the policy to impose criminal sanctions only for money politic. (ii) Change the legislative election system from a proportional system to the district system.

Perlindungan Hukum terhadap Anak Sebagai Korban Kekerasan yang Terjadi di Sekolah Felda Rizki Azalia
Wajah Hukum Vol 4, No 1 (2020): April
Publisher : Universitas Batanghari Jambi

Acts of violence experienced by children, especially in schools are of concern to the Indonesian Child Protection Commission. This becomes the background that needs to be reviewed further about the legal protection received by children as victims of school violence, as we know that the school is a place to educate children to become educated human beings. The role of a teacher is as a parent in school, should provide appropriate education and learning, not to be a person against violence against students at school. The focus of the problem that will be discussed is first, what are the factors that cause high acts of violence against children in schools that occur in Indonesia at this time and second how the actions taken by KPAI and the Government in overcoming problems of violence against schools like what is happening in Indonesia today . This paper uses the research method used is normative legal research that uses the method of gathering legal material is a literature study or documentary study. The expected outcome of this research is to give an appeal to teachers, parents and students so that schools need to be involved in the supervision of their students and carry out some roles that schools can take to protect their children or students by resuming the teacher's function as a moral educator and devoted to God Almighty, provides motivation and enthusiasm, especially from parents at home to teach children to think positively about the violence that has happened to him.

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Home Page

OAI Link

Editorial Team

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Reviewer

Google Scholar

Contact Name Muhammad Subchan

Contact Email wajahhukum.unbari@gmail.com

Phone -

Journal Mail Official wajahhukum.unbari@gmail.com

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Location Kota jambi, Jambi INDONESIA

Abstract

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Abstract

Abstract

Abstract

Contact Name
Muhammad Subchan

Contact Email
wajahhukum.unbari@gmail.com

Phone
-

Journal Mail Official
wajahhukum.unbari@gmail.com

Editorial Address
-

Location
Kota jambi,

Jambi

INDONESIA