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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 331 Documents
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Sanksi Pidana Kerja Sosial terhadap Pengguna Knalpot Racing Sepeda Motor Nurhasan Nurhasan
Wajah Hukum Vol 6, No 1 (2022): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v6i1.924

Abstract

The existence of exhaust racing is currently very troubling to the community so that sanctions are needed in accordance with the actions committed by the violator. The type of research used in this research is normative juridical so that this research is more descriptive in nature, the data sources are primary, secondary and tertiary sources, then the research approach this is a statutory approach, the data collection technique in this research is a document study and the data analysis in this research is carried out qualitatively. The results show that the regulation of criminal sanctions against motorcycle racing exhaust users in Law Number 22 of 2009 concerning Road Traffic and Transportation is regulated in Article 285 paragraph (1) of Law Number 22 of 2009 concerning Road Traffic and Transportation. Then the impact of motorcycle racing exhaust users is that it can pollute the air and cause noise pollution. For perpetrators of violations of motorcycle racing exhaust users, the sanctions imposed include bringing the racing exhaust closer to the ears of the motorcycle racing exhaust user, doing push-ups and the like which can be categorized as sports and sweeping on the roadside, assisting the environmental cleaning service to clean the city and others.
Keberadaan Tindak Pidana Perzinaan dalam Koridor Pembaharuan Hukum Pidana Iman Hidayat
Wajah Hukum Vol 6, No 1 (2022): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v6i1.934

Abstract

Custom is the reflection of personality and is one of the reflections of nation soul from century to century. Every nation in the world has its own custom which is not similar from one another, depending on the on the place and the time. This difference is the most important aspect as the identity of a nation. As always happens in the society, there have been many social conflicts in the society of indigenous law because of the violate of the law done by someone or a group of people. The situation will be normal again if the person violate the law has been given indigenous sanction or punishment. Those indigenous violations are mainly caused by the conflicts with what here been agreed together, and which solution has been authorized to the indigoneous institution. 
Perlindungan Hukum Bagi Pihak Kreditur dalam Perjanjian Jaminan Fidusia Siti Putri Nera Usmaina; Rani Apriani
Wajah Hukum Vol 6, No 1 (2022): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v6i1.731

Abstract

Weak legal protection for creditors in fiduciary guarantee agreements, even though guarantees have a very important role in economic activity in providing capital loans from financial institutions, both banks and non-banks in which there are long-term and short-term guarantees which are a form of protection. law in an agreement that can provide a sense of security, comfort for individuals. This study aims to determine legal protection for creditors in fiduciary guarantees in order to create legal certainty by using data collection methods based on laws which are normatively tested by applying existing values or rules given by law enforcement officials for the sake of the achievement of public order which includes elements of protective actions and ways of protecting. And the purpose of the methodology in this paper is to provide data about the situation which can later be analyzed in accordance with existing laws and regulations. For this reason, legal protection for creditors in a fiduciary agreement is born on the registration of the agreement deed. UUJF has tried to provide technical protection for creditors, but it is not implemented explicitly in its implementation system so that the protection is still considered weak because it is not balanced with firmness in the execution of fiduciary guarantees.
Penyelesaian Tindak Pidana Penganiayaan terhadap Kepala Sekolah Di Kabupaten Tanjung Jabung Barat Rizan Pratama; Sumaidi Sumaidi
Wajah Hukum Vol 6, No 1 (2022): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v6i1.895

Abstract

The teaching profession and the lecturer profession are special fields of work carried out based on principles, one of which is having guaranteed legal protection in carrying out professional duties. In addition, obtaining protection in carrying out their duties is one of the rights obtained by teachers in carrying out their professional duties. The type of research used is empirical juridical, and the nature of the research is descriptive, using primary and secondary data. Primary data obtained by means of interviews. Secondary data is obtained by means of literature study or documentation study. Then, all data and information were processed using qualitative data analysis. Based on the results of the study, it is understood that in realizing restorative justice as an alternative in resolving the Crime of Persecution Against the Head of State Middle School 10, Tanjung Jabung Barat Regency in order to avoid the difficulties that exist in the formal criminal justice process. And functioning does not cause public unrest or there is no community rejection, does not impact social conflict, all parties involved do not object, and relinquish the right to sue before the law. The obstacle faced in general is the difficulty of giving direction to the victim to resolve the case. only at the police level, but there is intervention from the victim's family who often insists on going to court. After the police provided input and gave many explanations regarding the consequences that the victim would receive if they wanted to proceed to the Court such as internal divisions, and In overcoming the obstacles faced by the umbrella sector police, they could only provide input and advice if there were obstacles, and The Crime of Persecution Against the Head of State High School 10 Tanjung Jabung Barat Regency Tanjung Jabung Barat Resort Police can overcome existing obstacles and provide restorative justice
Kedudukan Hukum Sema No. 3/2015 terhadap Putusan UU No. 35/2009 Tentang Narkotika Berdasarkan Hierarkis Perundang-Undangan di dalam Memutus Perkara Narkotika Hendra Catur Putra; Ulya Kencana; Duski Duski
Wajah Hukum Vol 6, No 1 (2022): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v6i1.876

Abstract

Study on the juridical analysis of SEMA No. 3 of 2015 on the Decision of the Narcotics Law Number 35/2009 based on a hierarchical law with legal certainty is very necessary. The number of narcotics cases was decided as a crime of drug abuse, example of the decision of the narcotics case in the Lahat District Court, where the Panel of Judges sentenced based on Article 112 paragraph (1) of Law 3/2009 and the demands of the Public Prosecutor. His sentence was only ten months. far above the minimum sentence stated in Article 112 paragraph (1), which is four years according to SEMA 3/2015, where the judge may decide narcotics cases below the minimum. This violates the principle of "lex superior derogate legi inferiori", If there is a conflict between high and low laws and regulations, then the high one must take precedence. This type of research is normative, with analytical descriptive method. Research shows that SEMA is classified as a policy regulation (bleidsregel), and because it is intended specifically for court officials. The legal position of SEMA No.3/2015 on the Decision of Law No.35/2009 based on the hierarchical legislation in deciding narcotics cases deviates from the criminal rules stipulated in Law No.35/2009, and deviates from existing legal principles.
Perlindungan Hukum Pendaftaran Jaminan Fidusia Secara Online Melalui Kantor Notaris Nurhasanah, SH, M.Kn Supeno Supeno; Sylvia Rossanty Rossadi; Fachruddin Razi
Wajah Hukum Vol 6, No 1 (2022): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v6i1.936

Abstract

This study aims to identify and identify: (1) the implementation of fiduciary guarantee registration at the law and human rights office through the Notary Nurhasanah, SH, M.Kn office, (2) online obstacles in registering fiduciary guarantees at the law and human rights office through Notary office of Nurhasanah, SH, M.Kn and (3) solutions and solutions in overcoming obstacles in registering fiduciary guarantees at the law and human rights office through the office of Notary Nurhasanah, SH, M.Kn. This research is an empirical research research using a sociological juridical approach, which is a type of research that emphasizes field research based on data obtained from field research or certain places. The resource persons of this research are Notary Nurhasana, SH, M.Kn. The sampling technique used is purposive sampling. The analytical method used in this research is qualitative analytical thinking method and the conclusion is drawn using inductive thinking method. The results of this study indicate that the registration of fiduciary guarantees with this online system makes it easier for notaries to register fiduciary guarantees and does not take a long time where registration can be completed within a few minutes within a period of 30 (thirty) days from the signing of the fiduciary guarantee deed in order to obtain the legal force of the fiduciary guarantee deed. Obstacles in the electronic fiduciary registration process are incomplete data provided by the bank, and the unprepared Information Technology (IT) device to support the implementation of national electronic fiduciary registration. new fiduciary guarantee and immediately register the fiduciary guarantee online through a notary.
Kewenangan Badan Pemeriksa Keuangan dan Pembangunan (BPKP) Melakukan Audit Investigasi Guna Menentukan Kerugian Keuangan Negara Sukamto Satoto; Fitria Fitria
Wajah Hukum Vol 6, No 1 (2022): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v6i1.292

Abstract

The purpose of this study is to identify and understand and analyze in depth the authority of the Financial and Development Supervisory Agency in conducting investigative audits. The problems raised in this study discuss the authority of the Financial and Development Supervisory Agency in conducting investigative audits and what are the Implications of the Financial and Development Supervisory Agency's Investigation Audit on State Financial Losses in Law Enforcement. This study uses a normative method with the steps of description, systematization and explanation of the contents of positive law in depth using a concept approach, a law approach and a case approach using a systematic synchronization analysis. The results showed that the feedback from the investigative audit enabled the realization of financial management and supervision reforms including the integration between activity planning and budgeting. Thus, fiscal transparency and accountability are very urgent in reforming the management and supervision of state finances, because transparency and accountability in managing state finances can reduce state losses. As the government's internal auditor, the Financial and Development Supervisory Agency is authorized to supervise finance and development. On the other hand, the Financial and Development Supervisory Agency has the authority to conduct investigative audits to determine whether or not there has been a loss in state finances at the request of law enforcement. The implications of the investigative audit carried out by the Financial and Development Supervisory Agency in addition to imposing an obligation on financial managers to return state financial losses based on the results of the investigative audit, the results of the investigative audit also have consequences in the law enforcement process, because the results of the investigative audit are in the form of documents and information provided by auditors in court can affect the judge's confidence in the examination of the trial in court.
Upaya Hukum Penyelesaian Sengketa Barang Milik Negara Berupa Aset Tanah Pangkalan Udara Firman Wijaya; Abdul Atik; Diah Turis Kaemirawati
Wajah Hukum Vol 6, No 1 (2022): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v6i1.785

Abstract

Based on Government Regulation No. 27 of 2014 on The Management of State/Regional Property, Users of Goods / Power of Goods Users are authorized and responsible in securing and maintaining State Property (BMN) which is in its control. Land problems in the Indonesian Air Force (TNI AU) of Srimulyono Herlambang (SMH) area in Palembang cannot be handed over to the community or removed from state property records, unless there has been a court decision with permanent legal force and get permission from the Ministry of Finance. This research aims to find out how the procedures in land use based on Government Regulation Number 27/2014 as well as the resolution of disputes over land rights of State Property at Sri Mulyono Herlambang (SMH) Air Base in Palembang. The research method used is a case study. The results of the research revealed that the Physical Use of Land by the Indonesian Air Force is that the TNI AU Cq. Sri Mulyono Herlambang Air Base has controlled the physical area of 260 ha in Sukarami Village, but the Owner's (community) has controlled the physical land for more than 20 years and there has been a basis of rights from the owner's in the form of land certificates from the Village Head / Lurah and camat that can be used as the legal basis for applying for the right to obtain a certificate of property rights for the land he controlled at the Land Office of Palembang City.
Sanksi Pidana Undang-Undang Nomor 35 Tahun 2014 terhadap Tindak Pidana Anak Reza Iswanto; Mhd Badri
Wajah Hukum Vol 6, No 1 (2022): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v6i1.908

Abstract

The death penalty only applies to ordinary crimes, while the death penalty is not imposed for the crime of killing people (in this case children). Judging from the behavior of the perpetrator, the perpetrator must be sentenced to death in accordance with the act of taking the life of a child. The research method used in this study is normative juridical so that it only examines the contents of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection which is descriptive and sources are primary, secondary and tertiary data sources. In this study, using a statutory approach and data collection techniques, namely document studies and data analysis, namely qualitative analysis. The results of this study explain that the regulation of criminal sanctions in Law Number 35 of 2014 against child crimes has been regulated in Article 80 paragraph (3) of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Protection Children and in the future the criminal sanctions of Law Number 35 of 2014 against child crimes are that the death penalty must be applied to perpetrators of crimes who have eliminated/died the child as a victim.
Mengkaji Kebijakan Hukum Pidana Pencegahan Penyebaran Virus Covid-19 di Indonesia Hasanal Mulkan; Susiana Kifli
Wajah Hukum Vol 6, No 2 (2022): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v6i2.1015

Abstract

The right of the community to live in peace and prosperity was guaranteed by the government in the Republic of Indonesia's 1945 Constitution. The government must coordinate better and convene all necessary stakeholders in order to stop the Covid-19 virus from spreading throughout Indonesia. The current issue is the criminal law policy. To battle the epidemic, this kind of normative legal research takes an analytical, conceptual, and legislative approach. When laws or regulations have been passed into legal products by government organizations, law enforcement is a technique to put the will into action. When enforcing laws during a time of emergency, the police will apply criminal punishments; however, they must also educate the public and protect them legally when they use repressive measures. This will be done through the Chief of Police's Declaration.

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