Wajah Hukum最新文献

{"title":"Penyampaian Akta Pemberian Hak Tanggungan Secara Elektronik Menurut Perspektif Perundang-Undangan Di Indonesia","authors":"Muhammad Waffy","doi":"10.33087/wjh.v7i2.1205","DOIUrl":"https://doi.org/10.33087/wjh.v7i2.1205","url":null,"abstract":"The responsibility of the Land Office if there is a problem with the IT system or HT-el application is only technical responsibility by providing access to the PPAT/Bank as the creditor to communicate directly with the local Land Office employees in the Electronic Mortgage registration service section via the Whatsaap application and can also come by. go directly to the land office and Obstacles with PPAT are: 1). Corrections carried out by the Land Office on files that have been uploaded by PPAT often occur in a short time. 2). The HT-el application often experiences problems or server errors which usually occur during working hours. 3). Insynchronization between the physical data of the Certificate and the data in the Land Office's electronic system. 4). The certificate is not ready when it is uploaded, it has not been validated, it has not been deployed. 5). Banks as creditors need to always be reminded to immediately carry out the Mortgage Rights registration process. 6). HT-el services do not provide access to land that has not been certified and the obstacles for banks as creditors are: 1). Server errors often occur in Ht-el partner applications. 2). In the roya process, there is often a lack of synchronization between the roya records on the physical certificate and the records contained in the Land Office's electronic system. 3). In the Roya process, there are many processes that cannot be done with a computer, you have to use a cellphone first.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"11 7","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135875118","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Analisis Pemilihan Serentak Kepala Daerah 2024 Dalam Perspektif Negara Hukum Indonesia","authors":"Muhammad Muslih Muslih, Kemas Abdul Somad, Warfian Saputra","doi":"10.33087/wjh.v7i2.1316","DOIUrl":"https://doi.org/10.33087/wjh.v7i2.1316","url":null,"abstract":"Simultaneous regional head elections, if seen at a glance, are a solution to the non-ideal nature of holding relatively large and repeated regional head elections, but if we look closely we can still discuss in detail the negative side of this policy. This is because there are some regional heads whose term of office must be reduced, thereby contradicting several legal norms (UU). In order to explore and discuss this problem, this paper uses a library research method with a conceptual and statutory approach, while the analysis is qualitative. The theory or teachings used as an analytical tool are theories, teachings about the concept of the rule of law. From several findings, it turns out that the policy of simultaneously electing regional heads has the potential to violate human rights and what is certain is that de facto regional heads whose terms of office have been reduced have been disadvantaged, treated unequally to other regional heads, thus the policy of simultaneously electing regional heads is not directly proportional to the enthusiasm and spirit of regional heads constitution.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"11 8","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135875117","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Penyelesaian Hukum Adat Terhadap Tindak Pidana Perzinaan Dalam Keluarga Di Kota Jambi","authors":"Iman Hidayat, Chairul Idrah, Siti Nur Ambarini","doi":"10.33087/wjh.v7i2.1300","DOIUrl":"https://doi.org/10.33087/wjh.v7i2.1300","url":null,"abstract":"This article discusses the customary law resolution of the crime of adultery within the family in Jambi City, so that the aim is to analyze the problems encountered and efforts to overcome them. The approach used refers to the Socio Legal Research approach. The results of this research show that the resolution of cases of adultery in the family in Jambi City is carried out using customary criminal law which originates from the basis of Jambi customary law, namely by expulsion from the village. fruit and bushes are as sweet as can be. Then the perpetrator apologized for his actions and signed a peace agreement (Surat setih). The problems encountered were differences of opinion between the young people and the elders of Tengganai in traditional meetings in deciding sanctions for this case, adultery cases which were resolved by criminal law. Nationally, the legal process takes a long time and is expensive, causing a lot of suffering to the perpetrators, the community does not know much about the basics of Jambi Customary Law. Efforts to overcome the problems that occur include holding a personal approach from the young people with the elders of Tengganai to continue to enforce the existing criminal law, all parties discussing that customary criminal law is more appropriate than the national criminal law, providing outreach to the community so that they know the basis of Jambi customary law. The suggestion is to ensure that adultery does not occur in the family, namely providing religious counseling so that faith is strengthened rather than lust and basic counseling on Jambi customary law so that the public knows that customary criminal law can resolve cases of family adultery quickly, at an affordable cost, thus the existence of criminal law. Customs are valid and have permanent legal force.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"20 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135764782","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Penegakan Hukum Tindak Pidana Penganiayaan Yang Dilakukan Narapidana Di Lembaga Pemasyarakatan Perempuan Kelas II B Jambi","authors":"Mhd. Badri, Sumaidi Sumaidi, Reza Iswanto","doi":"10.33087/wjh.v7i2.1301","DOIUrl":"https://doi.org/10.33087/wjh.v7i2.1301","url":null,"abstract":"Prisons are a place to develop prisoners so that when they leave the prison the prisoner will no longer commit a crime. However, in reality, in prisons there have also been criminal acts committed by the prisoners themselves, namely criminal acts of abuse between prisoners. The research method used in this research is using a legal sociology approach with an activity plan for 6 months and the scope of this research is criminal acts committed by prisoners in prison. The materials used in this research are primary legal materials and secondary legal materials. The place used in this research is the Class II B Jambi Correctional Institution. The data collection technique is in the form of interviews and the analysis technique is qualitative analysis. The results of the discussion of this research are that severe disciplinary penalties have not been strictly enforced against inmates who commit criminal acts of abuse and the obstacles are the small number of prison security officers, the lack of interest of prisoners in participating in coaching programs and the facilities and infrastructure which are still limited.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135764783","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Perlindungan Data Pribadi Mengenai Kebocoran Data Dalam Lingkup Cyber Crime Sebagai Kejahatan Transnasional","authors":"Putri Hasian Silalahi, Fiorella Angella Dameria, Fiorella Angella Dameria","doi":"10.33087/wjh.v7i2.1244","DOIUrl":"https://doi.org/10.33087/wjh.v7i2.1244","url":null,"abstract":"In this era of globalization, internet technology is growing rapidly from time to time. The right to privacy data is part of the privacy rights inherent in every individual. Until now the internet can be used as a new tool to commit a crime, especially cyber crime. The network is broad and can break through the barriers of national borders, enabling the occurrence of a cyber crime that can be carried out by crossing national borders or better known as transnational crime. This cyber crime can cause great losses both material and non-material. Moreover, cyber crime that is transnational in nature makes cyber crime require special treatment to handle it. Indonesia carried out two handlings both externally and internally. Externally, Indonesia and the National Police cooperate with the Australian Federal Police. Meanwhile, internally Indonesia formed institutions such as Id-SIRTII, Trust+positive, the birth of the European Union Convention On Cybercrime Bill, Cyber Defense Competition, Development of Cyber Defense. External handling is carried out by the Indonesian government to overcome Cyber crime that is across national borders.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"20 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135764781","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Dampak Penggunaan Peradilan Formal Dalam Penyelesaian Tindak Pidana Ringan Dan Alternatif Penyelesaiannya","authors":"S. Sahabuddin, Ahmad Zulfikar","doi":"10.33087/wjh.v7i2.1303","DOIUrl":"https://doi.org/10.33087/wjh.v7i2.1303","url":null,"abstract":"Criminal policies carried out through formal justice have given rise to various criticisms in society, especially towards minor crimes (TIPIRING), because the use of formal criminal justice in TIPIRING has an impact, both on relations between parties, on society and on state expenditure. Taking into account that formal judicial power is in the hands of the state and in social reality there is a resolution of minor crimes carried out by the community based on local wisdom and international developments that require the use of restorative justice in resolving crimes, the idea of a reintegrative resolution for minor crimes was raised. This reintegrative model is a rational effort to resolve minor crimes by utilizing local wisdom together with the structure of the criminal justice system and is based on the principles of restorative justice. The concept promoted by the reintegrative model is to repair damaged relationships as a result of criminal acts. The work pattern does not use criminal justice (non-penal), but rather brings together the parties involved in minor crimes, and the resolution uses mediators or facilitators. Through a normative type of research with a concept and principle approach, it is hoped that concrete understanding results can be obtained that this issue is interesting to discuss.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135764779","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Pengaturan Informasi Rahasia Dagang Dalam Perspektif Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen","authors":"Nina Rahayu Belia, Gunardi Lie, Moody R. Syailendra","doi":"10.33087/wjh.v7i2.1275","DOIUrl":"https://doi.org/10.33087/wjh.v7i2.1275","url":null,"abstract":"The legal issues discussed in this normative research are information regulation in Law Number 8 of 1999 concerning Consumer Protection and Law Number 30 of 2000 concerning Trade Secrets and legal protection against disclosure of trade secret information in the perspective of Law Number 8 of 1999 About Consumer Protection in the future. The research method used is normative juridical research with a statute approach and a conceptual approach. The legal materials used are: primary legal materials, secondary legal materials, and tertiary legal materials. Analysis of the collected legal material is carried out by inventorying, systematizing and interpreting. The results of the study show that the regulation of information in Law Number 8 of 1999 concerning consumer protection aims to create a consumer protection system that contains elements of legal certainty and information disclosure as well as access to obtain correct, clear and honest information regarding conditions and guarantees of goods and/or or Information services and arrangements in Law Number 30 of 2000 concerning Trade Secrets provide legal protection to Trade Secret rights holders for information that is not publicly known in the field of technology and/or business, has economic value because it is useful in business activities, and is safeguarded confidentiality by the owner of the Trade Secret.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135764777","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Analisis Yuridis Penerbitan Surat Persetujuan Berlayar Mt. Sea Tanker Ii di Kantor Kesyahbandaran dan Otoritas Pelabuhan Batam","authors":"Isnawati Azizatul Rahma, Ampuan Situmeang, Junimart Girsang","doi":"10.33087/wjh.v7i2.1259","DOIUrl":"https://doi.org/10.33087/wjh.v7i2.1259","url":null,"abstract":"MT. Sea Tanker II, which was going to docking to Surabaya, was hampered by its departure due to the non-issuance of a Sailing Approval Letter by the KSOP Batam Region, on the grounds that the owner MT. Sea Tanker II was reported by other parties regarding MT. Sea Tanker II at the Riau Islands Police. MT. Sea Tanker II has carried out its obligations to pay the fees for anchoring services, mooring services, guide-in services, and delay-in services, as well as completing the required documents for the issuance of the Sailing Approval Letter, but the Special KSOP Batam Region is not willing to issue the SPB for fear of being investigated by investigators from the Regional Police. Riau Islands. The actions taken were not in accordance with the KSOP authority contained in articles 207 and 208 point (g) of Law Number 17 of 2008 concerning Shipping, which states that KSOP Batam Region can only detain ships with a written order from the Court. This research is a legal research, namely the process of finding legal rules, legal principles, or legal doctrine in order to answer legal issues and analyze court decisions.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"19 12","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136017899","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Polemik Hukum Penunjukan Penjabat (PJ) Kepala Daerah Berdasarkan Undang Undang Nomor 10 Tahun 2016 Tentang Pemilihan Gubernur, Bupati dan Walikota","authors":"Meri Yarni, Kosariza Kosariza, Irwandi Irwandi, Juanson Juanson, Herma Yanti, A. Yuli Taufani","doi":"10.33087/wjh.v7i2.1333","DOIUrl":"https://doi.org/10.33087/wjh.v7i2.1333","url":null,"abstract":"The appointment of acting regional heads to fill the vacancy for definitive regional head officials caused by postponing regional elections in 271 regions in Indonesia has created problems in the administration of government in Indonesia. Regarding Article 201 of Law No. 10 of 2016 concerning the Election of Governors, Regents and Mayors which is the legal basis for the appointment of acting regional heads, a judicial review has been carried out resulting in MKRI Decision Number 67/PUU-XIX/2021 and MKRI Decision Number 15/PUUXX /2022. These legal materials were obtained through literature study and analyzed descriptively-qualitatively. The postponement of the 2022 and 2023 regional elections is still causing polemics. Based on data from the Ministry of Home Affairs in May 2022, the needs for filling regional head officials include 5 provinces, 6 cities and 37 districts. Meanwhile, there are as many as 101 regional heads whose leadership terms will end in 2022 and as many as 170 regional heads and deputy heads in 2023. This means that 271 regional head positions will end before the 2024 simultaneous elections.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136018080","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Penyelesaian Terhadap Wanprestasi Pengguna Aplikasi Go-Jek Berupa Pembatalan Orderan Sepihak Terhadap Pengemudi (Driver) Go-Food Di Wilayah Kota Payakumbuh","authors":"Ikhyar Rizki Harahap, Syuryani Syuryani, Benni Rusli","doi":"10.33087/wjh.v7i2.1202","DOIUrl":"https://doi.org/10.33087/wjh.v7i2.1202","url":null,"abstract":"Gojek Indonesia is a technology company, not a transportation company that provides transportation services. The service features available on the go-jek application are go-food, which is a delivery service provided by go-jek companies to buy and deliver food orders to their users. The large number of consumers who use this application always cancel orders unilaterally which results in default in an agreement. This study discusses the settlement of defaults on the use of the gojek application in the form of unilateral cancellation of orders for gofood drivers in the Payakumbuh City area. This research raises two problems, namely What is the process for the birth of an agreement between gojek drivers and go-jek application users in food ordering activities, What is the settlement of compensation for defaults on gojek application users in the form of unilateral cancellation of orders against go-jek drivers? Food. This study uses the Juridical Empirical method. The data sources used are Primary Data through interview studies and document studies and Secondary Data through primary legal materials, secondary legal materials and tertiary legal materials. The results of the study show how the process of the birth of an agreement between go-jek drivers and go-jek application users in food ordering activities and settlement of compensation for defaults on go-jek application users in the form of unilateral cancellation of orders against go-food drivers. The implementation that occurs for consumers purchasing food and drinks through the online ordering application, as mentioned, does not always go well. There are also actions that can harm other parties in their implementation, especially when ordering food and drinks using an online application, in other words, consumers do not come directly to the places where the food and beverage sellers are concerned. Default means negligence, negligence, default, not fulfilling its obligations in the agreement. Based on the Consumer Protection Act, there are rights and obligations held by business actors.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136018236","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}