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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 525 Documents
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Urgensi Penerapan Interdependent Airspace Governance Untuk Optimalisasi Tata Kelola Ruang Udara Nasional Sebagai Antisipasi Open Sky Policy Wahyu Beny Mukti Setiyawan; Nurul Hidayah; Andi Chaerul Sofyan
Wajah Hukum Vol 4, No 2 (2020): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v4i2.252

Abstract

Indonesia as an archipelago state has a national airspace of 5,180,053 km². Indonesia's airspace is located in a strategic position between the continents of Asia and Australia which makes Indonesia one of the busiest air routes in the world. Therefore, the management of air space is a vital matter that must be emphasized through various legal instruments. The sovereignty of Indonesian air space is affirmed in Article 49 paragraph (2) of the 1982 International Law of the Sea Convention which was ratified by Law Number 17 of 1985 concerning Ratification of the United Nations Convention on the Law of the Sea. This article explicitly regulates the legal status of archipelagic waters, air space over archipelagic waters and the seabed as well as the land below. So far, territorial sovereignty that is complete and exclusive is regulated in Law Number 1 of 2009 concerning Aviation, but it does not specifically regulate the boundaries of Indonesia's sovereign air space, either vertically or horizontally. The national airspace of a country is completely closed to foreign aircraft, both civilian and military, so it must be with the permission of the underworld, either through bilateral agreements or multilateral agreements, so that a country's national air space can be traversed by foreign aircraft. Such closed nature can be understood considering that air space is a very vulnerable medium of movement when viewed from the point of view of under-state defense and security. Attacks using aircraft have many advantages and conveniences that can exploit the vulnerability of an air space, such as its fast (speed), wide range, surprise, optimal penetration. This is what prompts each country to adopt its national airspace protection standards which are strict and rigid. Flights between countries are fully regulated through the Bilateral Air Transport Agreement (BATA). Without BATA, the state cannot provide air transportation services to a country. BATA itself is a form of implementation of state sovereignty in air space that is complete and exclusive in the midst of globalization challenges, such as aviation liberalization (Open Sky Policy). Referring to the Open Sky Policy, this policy allows air carriers to make decisions on routes, capacities, prices and various options for flight activities.
Pelaksaan Perjanjian Terapeutik Antara Pasien dengan Rumah Sakit Jiwa Jambi Supeno Supeno; Fachruddin Razi; Fauty Intan Faradila
Wajah Hukum Vol 5, No 1 (2021): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v5i1.414

Abstract

Generally an agreement is an agreement made by both parties or more about something they agree to, and in the agreement contains the rights and obligations of each party. In this study formulates how the implementation of the agreement in a mental hospital because the patient has a psychiatric disorder so incapable to do the agreement so represented by the family / guardian of the patient and the problem of what happens about rights or obligations that are not obtained or not implemented. when the patient is incapable and competent to approve medical measures. Whether or not a patient with a psychiatric disorder consents, it also affects the obligations of the guardian or the person in charge of the patient, because the guardian is the person in charge of the patient, after agreeing that both parties are bound by the therapeutic agreement. But in the implementation of the therapeutic agreement can not always be implemented properly, the purpose of this study is to find out how the contents of the agreement between the hospital and the mental hospital patient, what problems occur in the implementation of the agreement between the mental hospital and the patient and how to solve the problems that occur between the hospital and the patient of jambi mental hospital. The results showed that the hospital and patients are bound in a standard agreement in which there are each right and obligation of both parties, the problem that occurs is the negative treatment of medical personnel to mental hospital patients, negligence done by the patient's family to the hospital, the resolution of problems that occur solved by musywarah and the hospital directly visit the family who abandoned his family in jambi mental hospital.
Analisis Pertanggungjawaban Pidana Bagi Pelaku Tenaga Pendidik Dalam Melakukan Kejahatan Pencabulan terhadap Anak (Studi Putusan Nomor 75/PID.SUS/2020/PN Metro) Margaretha Laurinsque L.T; Erna Dewi; Indah Satria
Wajah Hukum Vol 5, No 1 (2021): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v5i1.373

Abstract

Fornication embodies the kufr one comes from sexual tyranny which results from the existence of deformations that give birth to a part in the figure of our audience. Fornication is a form of cruelty that plays very sluggishly, especially in the face of the victim, especially if the victim is a child because the child is the future successor or can be called the successor of the nation because sexual immorality will violate human rights and can damage human dignity, especially for the soul, reason and descendants. The problem in this research is what factors influence the criminal act of child molestation and how the accountability is based on Decision Number 75 / Pid.Sus / 2020 / PN Metro. The research method using this research journal is a normative juridical approach and an empirical approach. Based on the results of the research, the factors causing the perpetrator to commit the crime of sexual immorality against this child include religious factors where the faith of the defendant is shaky and tempted by worldly temptations. the occurrence of sexual immorality.
Perbandingan Sistem Hukum Antara Indonesia dan Malaysia Sigit Somadiyono
Wajah Hukum Vol 4, No 2 (2020): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v4i2.243

Abstract

This research is a comparative study of two laws in the world, Indonesian law and Malaysian law. The second study was conducted by comparing the terms of definition, characteristics, objectives, and legal system in the judicial structure. The study aims to look at comparisons of the two to find possible advantages and disadvantages. By comparatively comparative malaysian legal system, in fact, Indonesia is no worse than in Malaysia, in this study it turns out that Indonesia has many advantages that people who work and work in the field of law, and therefore the possibility of the rule of law in Indonesia is still better because many people are law-abiding. The State of Indonesia must create a good legal system, the structure of the court should consider the culture of society such as Malaysia, because law enforcement will be more effective when in accordance with the values or customs that have been formed in the society itself.
Analisis Hukum terhadap Hak Imunitas Advokat Dalam Beracara Memberikan Bantuan Hukum M Rudi Hartono; Radi Candra
Wajah Hukum Vol 5, No 1 (2021): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v5i1.350

Abstract

The existence of advocates as justice seekers at this time is very much needed and important in the life of the community and nation as well as increasing legal awareness and the complexity of legal problems in society. Advocacy is a profession that provides legal services to the public or its clients who face legal problems, both those related to criminal, civil and state affairs. Legal services provided by Advocates can be in the form of legal consultations, legal assistance, legal advice providers, exercising power, representing, assisting, defending, and performing other legal actions for and on behalf of clients. In providing these legal services, an Advocate can carry out it through a prodeo (Free of charge) or obtain an honorarium or payment for services from the client. In general, the position of an advocate is equal to that of other law enforcers such as the judges, prosecutors, and the police. : "Thus, advocates also play an important role in upholding and protecting the law for the community. The proper role of an advocate has been regulated in Law Number 18 of 2003 concerning "Advocates.
Pengelolaan Coorporate Social Responsibility Menurut Peraturan Perundang-undangan di Indonesia Lili Naili Hidayah; Raffles Raffles; Pahlefi Pahlefi
Wajah Hukum Vol 4, No 2 (2020): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v4i2.241

Abstract

Corporate Social Responsibility (CSR) is one of the obligations that must be carried out by companies in accordance with the contents of article 74 of Law Number 40 of 2007 concerning Perseroan Terbatas. The purpose of this study is to find out about the ideal management of CSR for limited liability companies. This research is a normative study, using a conceptual approach and legislative approach. Based on the results of the study found that the CSR obligation norms for the company seem indecisive, because Social Responsibility has not been explicitly set about CSR mechanisms specifically in regulations, standards "propriety” and “reasonableness” in CSR budgeting, the form of implementation and who is competent in assessing the reasonableness and propriety must be clearly regulated in government regulations so that CSR management is directed and measurable.
Penerapan Penjatuhan Hukuman Kebiri Kimia Serta Tata Cara Eksekusinya pada Pelaku Kejahatan Pelecehan Seksual terhadap Anak Nashru Nazar Rosyidi; Oci Senjaya
Wajah Hukum Vol 5, No 1 (2021): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v5i1.405

Abstract

Nowadays, there are more and more crimes of child sexual abuse in Indonesia. Children should be protected by the government in order to become the nation's next generation. In 2019, the Mojokerto District Court sentenced the defendant Aris (20) who was convicted of a crime of sexual abuse against a child and this verdict was the first verdict in Indonesia to impose chemical castration on perpetrators of crimes of sexual abuse against children. This writing uses the juridical-normative method which looks at empirical data as a reference for writing this journal. For some parties, chemical castration punishment is considered effective in punishing perpetrators of crimes of child sexual abuse so that it becomes a frightening thing for other perpetrators of sexual abuse crimes. This is included in the category of the theory of the purpose of punishment in order to create order and order in society. Perppu Number 1 of 2016 is the legal basis for the application of chemical castration punishment. However, there are many pros and cons to castration. One of the things that has created contra is contrary to the ratification of human rights. Considering that Indonesia is a state based on the rule of law, which is obliged to protect human rights guarantees as stated in Article 28 I of the 1945 Constitution of the Republic of Indonesia.
Analisis Bentuk Pembinaan Narapidana Di Lembaga Pemasyarakatan Kelas IIA Kalianda Candra Dian Tawawi; Padmono Wibowo
Wajah Hukum Vol 4, No 2 (2020): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v4i2.237

Abstract

Guidance is the state's effort for inmates to realize mistakes, not repeat, be accepted back, be active in the development, and live to be good and responsible citizens, under the function of guidance in prisons in the context of prisons, namely social reintegration. The research method used in the research is through a qualitative research approach where primary and secondary data are analyzed in the form of descriptions based on symptoms, and theory of association with additional/secondary data, the results are guidelines in the Class IIA Prison Kalianda Penitentiary obtained through personality development and independence activities. The stages of development for prisoners consist of initial, advanced, and final stages, the implementation of guidance by determining appropriate guidance for the correctional team session which is determined by the head of the correctional facility. Institutions coordinate with the security section, the constraints for coaching come from within prisoners who are less interested in participating in existing coaching programs or lack of coaching facilities and can be overcome through data collection, approaches, invitations to prisoners and collaboration with third parties as well as coaching results in the form of increased soft skills and can more devoted to God
Eksistensi Lembaga Mediasi Sebagai Sarana Penyelesaian Sengketa Medis Evalina Alissa; Sasmiar Sasmiar
Wajah Hukum Vol 5, No 1 (2021): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v5i1.426

Abstract

This article discusses the existence of mediation institutions as a means of resolution in disputes, which discusses the legal basis and position of the mediation institution, the criteria or medical disputes and also the legal power of the mediating institution in the resolution of medical disputes. The research method used by the author is a doctrinal research method which is intended to find a legal principle, rule of law and legal doctrine in order to get answers to legal issues in the discussion in this article. Medical disputes arise due to different interpretations between health services and the patient/ patient's family in providing services to health. However, in the medical practice law, it is stated that the settlement of medical disputes can be done through litigation and submitting complaints to the Honorary Council of Indonesian Medical Disciplines and since the health law and the hospital law, mediation institutions have begun to be recognized as an institution that conducts medical work. the settlement process outside the judiciary and has the legal power of the mediation institution.
Kajian Hukum Kualifkasi Sanksi Kebiri Kimia Sebagai Sanksi Tindakan dalam Hukum Pidana di Indonesia Tantimin Tantimin
Wajah Hukum Vol 5, No 1 (2021): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v5i1.302

Abstract

Castration is an action given to perpetrators of sexual crimes against children, in addition to imprisonment and fines. The purpose of this article is to find out the basic differences between criminal sanctions and action sanctions, to know the position of castration as an action sanction in criminal law and to analyze the castration penalty does not apply to children as perpetrators of sexual crimes. This research uses doctrinal legal research. Sources of legal information use primary legal materials (regulations and relevant documents) for further qualitative analysis. The approach used is statutory, conceptual, and analysis to help solve the problem formulation. The results of the research show that, at first glance, criminal sanctions and sanctions are often vague to distinguish, but at the level of basic ideas, there are very clear differences between the two types of sanctions. The reactive nature of an act is contained in the criminal sanction which connotes giving an affliction, while the anticipatory nature of the perpetrator of the act is contained in the sanction of action which connotes giving a remedy. The position of castration in the criminal system in Indonesia is not a principal, additional or a burden, but includes a sanction of action. Actions in the form of chemical castration are exempted for child offenders.

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