Wajah Hukum最新文献

{"title":"Wanprestasi Dalam Perjanjian Pembiayaan Konsumen (Studi Putusan Nomor 11/Pdt.G/2022/PN Bkt)","authors":"Karina Lestiani, Nuzul Rahmayani, Mahlil Andriaman","doi":"10.33087/wjh.v7i2.1186","DOIUrl":"https://doi.org/10.33087/wjh.v7i2.1186","url":null,"abstract":"Activities between consumers and consumer financing institutions will occur if there is an agreement. In an agreement, an action cannot be separated from a person who cannot fulfill his obligations so that it can be said to have committed a negligence or made a mistake which is called a default. This research discusses Defaults in Consumer Financing Agreements (Decision Study Number 11/Pdt.G/2022/PN BKt). This research raises two problems, namely 1) How is the implementation of the agreement in consumer financing default cases based on the decision of the Bukitinggi District Court Number 11/Pdt.G/2022/PN Bkt? 2) What is the analysis of the judge's considerations in settling default cases in consumer financing agreements based on Bukitinggi District Court decision No. 11/Pdt.G/2022/PN Bkt? This study uses a normative juridical method. The data source used is secondary data, namely data obtained through a literature study with primary legal materials, secondary legal materials and tertiary legal materials. Data collection was carried out by (normative juridical) by using library research (library research) which is a data collection tool that is not directed directly to research subjects. The data analysis used is a qualitative analysis. The results of the study show how the judge considers the settlement of default cases in consumer financing agreements based on the decision of the Bukitinggi District Court Number 11/Pdt.G/2022/PN Bkt and the legal consequences of engagement from a civil aspect in the occurrence of default for both parties in case Number 11/Pdt .G/2022/PN Bkt.. In this decision the judge decided that PT. Mandiri Tunas Finance who defaulted on CV. Roberto First Works. The judge should have decided based on the Civil Code, to determine whether someone has defaulted based on the provisions of Article 1238 of the Civil Code13. In this case the legal consequence of the engagement from a civil aspect in the occurrence of default for both parties is to punish PT. Mandiri Tunas Finance to pay the costs of the case until the trial has been decided in the amount of Rp. 616,000 (six hundred and sixteen thousand rupiah).","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"34 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136018381","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 Pengawasan Manifes Penumpang Untuk Mewujudkan Kelaiklautan Kapal (Studi Penelitian di Kantor Kesyahbandaran dan Otoritas Pelabuhan Khusus Batam)","authors":"Jeki Jukrisno, Ramon Nofrizal, Bachtiar Simatupang","doi":"10.33087/wjh.v7i1.1147","DOIUrl":"https://doi.org/10.33087/wjh.v7i1.1147","url":null,"abstract":"In a maritime country like Indonesia, the role of shipping in the socio-economic life of the population is very important, the sea and ships are a unity of transportation systems at sea that cannot be separated, history proves the movement of trade and distribution of population with the use of human labor, starting from rowing boats, installing sails, to being driven by machines and we arrive at the term shipping for water transportation activities at sea,  To be able to create shipping conditions as expected, every voyage must prioritize seaworthy conditions. The problem in this study is how to apply passenger manifest supervision to achieve ship seaworthiness, how to regulate passenger manifest supervision to achieve ship seaworthiness, and what factors hinder passenger manifest supervision to achieve ship seaworthiness. This research uses normative techniques (legal research) with sociological and descriptive research types to collect primary data through field research. Law Number 17 of 2008 concerning Shipping, which regulates the responsibility and authority of harbour master as one of the pioneers of shipping safety supervision, as well as seaworthiness standards for ships before obtaining sailing permits. The study's conclusion is that since governments are responsible for making and enforcing laws, they are expected to create specific laws and regulations that address the authority of law enforcement organizations at sea so that they can serve as a starting point for the prosecution of maritime offenses, streamline shipping, improve inter-agency surveillance, and safeguard the jurisdiction of waters.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"100 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127505294","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":"Perkawinan Beda Agama Ditinjau Dari Aspek Yuridis Hukum Perkawinan di Indonesia","authors":"Beridiansyah Beridiansyah","doi":"10.33087/wjh.v7i1.1136","DOIUrl":"https://doi.org/10.33087/wjh.v7i1.1136","url":null,"abstract":"Article 1 paragraph (3) of the 1945 Constitution (UUD), the State of Indonesia has declared itself to be a state of law, meaning that in running life and the wheels of government everyone subject to the rules of Indonesian law is obliged to implement and obey them. The law of marriage as regulated in the law of the Republic of Indonesia Number 16 of 2019 concerning amendments to Law Number 1 of 1974 is intended to provide legal certainty in fulfilling the right to continue offspring and be free from the threat of violence and discrimination. This research was conducted to conduct a juridical analysis of marriages conducted by couples of different religions, as a contribution to the author's thoughts on the development of marriage law in Indonesia, the research method used is a normative juridical approach, namely an approach that refers to the applicable laws and regulations, to achieve the objectives of the law itself, namely justice, benefit, and legal certainty.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125322332","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 Hukum dan Kriminologi terhadap Fenomena Penyalahgunaan Zat Dextromethorphan dalam Obat Batuk di Manado","authors":"Sri Yulianty Masoara","doi":"10.33087/wjh.v7i1.1031","DOIUrl":"https://doi.org/10.33087/wjh.v7i1.1031","url":null,"abstract":"The phenomenon of dextromethorphan (dextro) abuse is rife in Indonesia. Several cases indicate the occurrence of this abuse. As an example of the case of dextro abuse that occurred in Manado, North Sulawesi, a woman with the initials IR (25), was found dead in a hotel room in Wanea sub-district, Saturday (09/05/2020) after consuming liquid cough medicine containing dextro. Dextro The phenomenon of abuse of dextromethorphan dextro) is rife in Indonesia. Several cases indicate the occurrence of this abuse. On Saturday (5/9/2020), a woman with the initials IR (25) was found dead in a hotel in Wanea District, Manado, North Sulawesi. His death was cited as an example of a case involving dextro abuse. Cough drops in liquid form containing dextrose should be taken indoors. Coughs are actually treated with dextroactive drugs, and the action of these substances is to suppress dry coughs. This is done in the medical field. This dextrorotatory chemical can be found in a variety of cough suppressants, including Komix DT, Vicks Formula 44 DT, Siladex Antitussive, and Bisolvon Antitussive. An empirical justice strategy was used to conduct this research. The data needed to compile this article are both quantitative and qualitative, and the data is based on primary and secondary sources of information. In general, the purpose of making drugs and the function of the drug itself is to treat various diseases that can affect humans and animals. However, it is often misunderstood by some for inappropriate purposes, such as dextromethorphan. If explored more deeply, dextromethazepam is included in the Class III Narcotics group in the Appendix to Law Number 35 of 2009 concerning Narcotics (Narcotics Law). It was given the name dextropropoxyphene and occupies the second position in the Class III group of narcotics. To achieve this goal, the existence of a legal rule that guarantees all of this, or in other words, the fact that humans are governed by law, is one of the tools or instruments that will be used to achieve this goal. However, in its implementation it is also necessary to pay attention to elements such as legal certainty where in this case the law must be made in written form, besides that it must also pay attention to the benefits in applying the law and finally what is arguably the most important, namely the law must pay attention to justice in its application.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129762374","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":"Rasisme dan Xenofobia pada Masa Pandemi Covid-19 Sebagai Bentuk Ketidak-Adilan Sosial di Amerika Serikat","authors":"A. Romadhon, M. Hanita","doi":"10.33087/wjh.v7i1.1143","DOIUrl":"https://doi.org/10.33087/wjh.v7i1.1143","url":null,"abstract":"Racism and Xenophobia are several forms of action that represent injustice to ethnicities and races. However, although it is clear that this action is a form of social injustice, racism and xenophobia still occur frequently. During the Covid-19 pandemi, the United States of America (USA) also experienced an unstable condition where the situation heated up due to racist and xenophobic actions called “Asian-Hate” as a form of social injustice where Asian-Americans never even came or went to the area where the virus spread. Blamed and treated arbitrarily and inhumanely and this condition was exacerbated by President Trump's statements. This study aimed to explore how the social condition of society towards social injustice were being manifested in racism and xenophobia. This research uses a methodology in the form of literature study by collecting data from various relevant articles and documents. The results of the study showed that during the Covid-19 pandemic, America was proven to have carried out very intense racist and xenophobic acts with a variety of varied actions. Racist treatment was more widely accepted by the Asian race, especially the Asian-American group, which is \"sealed\" as the race that causes and spreads the Covid-19 virus.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"4 8","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113931955","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":"Efektifitas Pemanfaatan Rumah Isolasi Coronavirus Disease (Covid-19) di Desa Markanding Kabupaten Muaro Jambi","authors":"Masriyani Masriyani, Islah Islah","doi":"10.33087/wjh.v7i1.1148","DOIUrl":"https://doi.org/10.33087/wjh.v7i1.1148","url":null,"abstract":"This study aims to determine and analyze the effectiveness of the use of the Covid-19 isolation house in the village of Markanding, Muaro Jambi Regency. The research method is empirical juridical. The results of his research are in the form of a description of the effectiveness of the use of isolation houses, in which the program is budgeted for through the village budget which turns out to be not utilized or is ineffective to the fullest and even seems in vain. The obstacles encountered in the study were the awareness of the people who were exposed to Covid-19 which did not support where they were closed so they did not notify the officers of the Covid-19 handling post who had their last contact, and the self-isolation treatment stage where some people did not all carry out independent isolation and not also taking advantage of the available isolation houses, besides that it is also related to inadequate infrastructure. So it can be concluded that the isolation house is said to be ineffective.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128592553","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":"Kebijakan Hukum Pidana terhadap Kejahatan Narkotika Studi Kasus Putusan Pengadilan Negeri Jambi Nomor: 228/PID.SUS/2022/PN.JMB","authors":"Warfian Saputra, Herizal Kurniawan","doi":"10.33087/wjh.v7i1.1215","DOIUrl":"https://doi.org/10.33087/wjh.v7i1.1215","url":null,"abstract":"Law No. 35 of 2009 on Narcotics is a substantive criminal policy, which is accompanied by various other legal rules in the process of prosecuting the perpetrators of narcotic crimes in the form of the High Court Edaran Letter No. 04 of 2010 on the placement of abuse, abuse victims and drug addicts in medical rehabilitation institutions and social rehabilitation. The SEMA was distributed by the Supreme Court of the Court of Justice in the criminal justice system so it is expected to be a judge in deciding on the crime of Narcotics. Narcotic crime is the biggest crime that exists in Indonesia so it is necessary to enforce the criminal law wisely and wisely. From the data obtained from the Sub Section of Registration of the Institute of Marketing Class IIA Jambi, the current number of inhabitants is 1.316 People. A total of 757 people were civilians with drug cases and 254 of them were residues of drug cases.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127608323","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 Normatif Penegakan Hukum Tindak Pidana Pencurian","authors":"I. Hidayat","doi":"10.33087/wjh.v7i1.1170","DOIUrl":"https://doi.org/10.33087/wjh.v7i1.1170","url":null,"abstract":"The most essential legal basis in Indonesia is Pancasila and the 1945 constitution, in addition to other legal products. Basically there are many things that can be the cause of crime, especially from the point of view of the conditions or circumstances of society, for example poverty or economic downturn is the cause of a lot of theft, lots of juvenile delinquency, rampant corruption that causes tendencies to rebel or reluctance of people to obey the rules, regulations in force, the absence of legal certainty that can grow the seeds of hatred, especially between the weak against the strong. Likewise, the legal awareness of the general public or the local community in many ways can be seen as a symptom of a crime or crime. Theft that occurs at this time can be caused by the difficulty of finding work, due to the number of people who do not match employment opportunities, many people who drop out of school, because a school graduation certificate is a formal requirement in finding a job. Therefore, people use shortcuts, namely working a little and can make a lot of money, even by committing the crime of theft that violates the law. Punishments or crimes that can ensnare those who are proven to have committed the crime of theft, namely imprisonment for a maximum of 5 (five) years for ordinary theft or imprisonment for a maximum of 9 (nine) years, if the theft was preceded, accompanied or followed by violence and even the death penalty or imprisonment for life if the crime of theft is committed by two or more persons which results in serious injury or death of a person. The crime of theft is regulated in Chapter XXII Book II of the Criminal Code (KUHP), there are 5 articles that regulate the crime of theft consisting of Articles 362, 363, 364, 365 and 367. ","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126389198","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 Pidana terhadap Pelaku Tindak Pidana Penadahan di Kepolisian Resor Tanjung Jabung Barat","authors":"Nurhasan Nurhasan","doi":"10.33087/wjh.v7i1.1213","DOIUrl":"https://doi.org/10.33087/wjh.v7i1.1213","url":null,"abstract":"The act of collecting will lead to other criminal acts, because the perpetrators of collection dare to buy or exchange, hold or mortgage property obtained as a result of crime. For this object is seen by other criminals as a market for the sale or other goods resulting from the crime committed. The approach method used is sociolegal research with empirical juridical research and data sources come from library research and field research, sampling techniques by means of Purpose sampling and data collection techniques by means of interviews and then qualitative analysis is carried out. The result is that law enforcement against the perpetrators of criminal acts of collection has not been optimally carried out in accordance with the provisions/procedures of law enforcement officers at the police level. Because it involves actors with well-organized networks and the obstacles faced in enforcing the law against perpetrators of the crime of receiving are the difficulty in finding and identifying crime points. Collection is done because it has a hidden or hidden network and cooperates very well so it is difficult to detect and trace.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132963130","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":"Penerapan Sanksi Disiplin terhadap Narapidana Yang Melakukan Pelanggaran Disiplin di Lembaga Pemasyarakatan Perempuan Kelas II B Jambi","authors":"Dedy Syaputra, Said Sahabuddin","doi":"10.33087/wjh.v7i1.1208","DOIUrl":"https://doi.org/10.33087/wjh.v7i1.1208","url":null,"abstract":"At present there have been violations committed by convicts in prisons, including the persecution of fellow criminals. Therefore, this research was conducted through empirical legal methods, which used a legal sociological approach, and there were three types of data sources, namely primary legal materials and secondary legal materials. The sampling technique was purposive sampling using data collection methods, namely interviews and documentary research to develop qualitative analysis. The matter of this research is the application of disciplinary sanctions against convicts who commit disciplinary violations based on Permenkumham Number 6 of 2013 in Class II B Jambi Women's Correctional Institutions is that there is no disciplinary action that will be taken against convicts of abuse cases in these prisons and the obstacles encountered in applying sanctions Discipline for convicts who commit disciplinary violations based on Permenkumham Number 6 of 2013 in the Jambi Class II B Women's Penitentiary is the lack of porcelain Class IIB Jambi Women's Prison, lack of support from inmates and inadequate infrastructure.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130855808","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}