Wajah HukumPub Date : 2023-04-05DOI: 10.33087/wjh.v7i1.698
Faharudin Faharudin, Wa Ode Zamrud, Bakri Sulaeman
{"title":"Pengakuan dan Implementasinya terhadap Masyarakat Adat Moronene Hukaea Laea di Kabupaten Bombana","authors":"Faharudin Faharudin, Wa Ode Zamrud, Bakri Sulaeman","doi":"10.33087/wjh.v7i1.698","DOIUrl":"https://doi.org/10.33087/wjh.v7i1.698","url":null,"abstract":"Recognition and Implementation of the Moronene Hukaea Laea Indigenous People in Bombana District. This study aims to explore the legal dimensions of Recognition of the Moronene Hukaea Laea Indigenous People in Bombana District, and to find out and understand how this recognition is implemented. This research is Empirical Legal Research, and was conducted in Bombana District, Southeast Sulawesi Province. Methods of data collection using interview techniques and field observations. All data, both Primary Data and Secondary Data, were analyzed using qualitative analysis techniques. The results of this study indicate that (1) Recognition of the Moronene Hukaea Laea Indigenous People in Bombana Regency based on laws and regulations has been carried out by the Regional Government in the form of Regional Regulations, (2) In its implementation, this Recognition has not been able to guarantee legal certainty regarding Community Rights Hukaea Laea custom. There are many weaknesses in the Regional Regulation in recognizing the Existence of the Hukaea Laea Indigenous People, which results in the implementation of this recognition not being effective.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"60 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":"126689579","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}
Wajah HukumPub Date : 2023-04-05DOI: 10.33087/wjh.v7i1.1132
Asriyani Asriyani, A. S. Syamsuddin, A. Halik
{"title":"Fulfillment of The Rights of Accessibility to Population and Civil Registration for People with Disabilities","authors":"Asriyani Asriyani, A. S. Syamsuddin, A. Halik","doi":"10.33087/wjh.v7i1.1132","DOIUrl":"https://doi.org/10.33087/wjh.v7i1.1132","url":null,"abstract":"The objective of this study is to discover the legal position of the National ID number functioning as the primary identity that forms the basis for fulfilling citizens’ rights, including fundamental rights to health services and education for persons with disabilities. Also, to determine the innovation implemented by the Dinas Adminduk of Palu City to encourage public service fulfillment for persons with disabilities. This research is empirical legal research with statutory and conceptual approaches. This research concludes that the legal position of the National ID number functioning as the primary identity that forms the basis for fulfilling citizens’ rights has been legalized in the Regulation of The President of The Republic of Indonesia Number 83 Year 2021. This causes every Indonesian citizen to be mandatory to have an ID number to access public services, which leads to the fulfillment of the constitutional rights of citizens. SIMALEO BERGERAK, PELANGI in the District, and PELAYAN SEKSI are the innovations developed to help the citizens, especially persons with disabilities, to have an ID number. Therefore, the obligation to fulfill the constitutional rights of persons with disabilities can be carried out by the State.","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":"129323538","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}
Wajah HukumPub Date : 2023-04-05DOI: 10.33087/wjh.v7i1.1133
Elita Rahmi, Hartarti Hartarti, Fitria Fitria
{"title":"Peraturan Desa dan Otonomi Desa Potret di Kecamatan Pemayung Jambi","authors":"Elita Rahmi, Hartarti Hartarti, Fitria Fitria","doi":"10.33087/wjh.v7i1.1133","DOIUrl":"https://doi.org/10.33087/wjh.v7i1.1133","url":null,"abstract":"Village regulations (Perdes) are often made haphazardly due to the problem of minimal human resources, making it difficult to know what the village wants in realizing village autonomy. Making Village Regulations a form of village autonomy needs to be more understood by village officials, the Village Consultative Body, and the village community. Village regulations manifest the village as a legal community unit with the right to regulate and manage its household. The difficulty in making Perdes is because the legislator must master several sciences, particularly the science of legislation, knowledge of local government, and knowledge of village administration and other sciences so that Perdes do not conflict with higher regulations and not conflict with the public interest. This writing aims to provide knowledge to village officials, the Village Consultative Body, and village communities to \"literate Perdes\" or have a sense of curiosity about Perdes, both in terms of authority and substance and procedures for making Village Regulations. The socialization method used is a simulation, Brainstorming, lecture, and question. In conclusion, Village Regulation Making Training must be carried out continuously because it requires knowledge and skills to understand the legal product's philosophical, sociological, and juridical aspects in the form of a Perdes. Second, the drafting of Perdes is an integral part of the administration of village, sub-district, and district government, so it is necessary to form a Perdes of Batanghari district related to the mechanism for making Perdes as a guideline for villages in exploring village potential.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"60 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":"123269264","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}
Wajah HukumPub Date : 2023-04-05DOI: 10.33087/wjh.v7i1.1129
Asrila Alamanda
{"title":"Peran Pemerintah dalam Optimalisasi Pelaksanaan Peremajaan Tanaman Kelapa Sawit","authors":"Asrila Alamanda","doi":"10.33087/wjh.v7i1.1129","DOIUrl":"https://doi.org/10.33087/wjh.v7i1.1129","url":null,"abstract":"Palm oil is one of the leading agricultural sectors which has an important role in Indonesia. In addition to being able to absorb new workers, the oil palm plantation business can also contribute to state revenues from crude palm oil (CPO) export levies, the demand for which is increasing every year. However, in recent years the level of productivity of oil palm plantations has decreased. This is due to the age of the plants that are getting older and not using superior and certified seeds at the start of planting. With this low level of productivity, it is necessary to carry out rejuvenation of oil palm plants. The target of this rejuvenation program is to be able to use both superior and certified seeds in order to increase plant productivity. This research uses normative juridical research methods, namely research conducted by researching and analyzing literature or secondary data only. The approach method is descriptive and qualitative research methods. The results showed that the government played an active role in implementing the oil palm rejuvenation program. This is evident from the many regulations made by the government or other stakeholders to support the smooth running of this program. In addition, as an effort to provide support in increasing palm oil productivity, especially in preparing funds for rejuvenation programs, the government has established the Oil Palm Plantation Fund (DPKS).","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"40 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":"125297403","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}
Wajah HukumPub Date : 2023-04-05DOI: 10.33087/wjh.v7i1.1171
Prasanti Ratnaningrum, Dudik Djaja S
{"title":"Prinsip Kehati-Hatian Bank dalam Penyaluran Kredit Untuk Mencegah Tindak Pidana Korupsi","authors":"Prasanti Ratnaningrum, Dudik Djaja S","doi":"10.33087/wjh.v7i1.1171","DOIUrl":"https://doi.org/10.33087/wjh.v7i1.1171","url":null,"abstract":"Even though banking itself has the principle of prudence in every activity, this will not close the gap for corruption. The purpose of this study is to analyze the principles of bank prudence in lending to prevent criminal acts of corruption and analyze the prosecution and consideration of judges' sanctions in giving decisions on corruption in lending. In this study, there are three research approaches used, namely the statutory approach, the conceptual approach, and the case approach. Data is analyzed by identifying legal facts and eliminating irrelevant matters, collecting legal materials and non-legal materials, conducting a review of the proposed legal issues, accepting conclusions, and providing prescriptions. The results of this study indicate that the precautionary principles of banks in extending credit to prevent corruption are regulated in Article 8 of the Banking Law as amended by Law Number 10 of 1998, specifically regarding the explanation of Article 8 paragraph (1) . In terms of enforcement and considering the judge's sanctions in giving a decision on corruption in the distribution of credit, the judge at least looks at two things, namely if the defendant violates the principle of prudence and there is clear evidence that the defendant took advantage of his actions, then the defendant will be charged with an article on corruption. If the defendant violates the precautionary principle but is not proven to have actually taken personal advantage from his actions, the judge decides that the defendant has violated the Banking Law and not a criminal act of corruption.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"26 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":"127594148","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}
Wajah HukumPub Date : 2023-04-05DOI: 10.33087/wjh.v7i1.1034
Rodhi Agung Saputra, Muhamat Ilza Amanda, Lukmanul Hakim, Okta Ainita
{"title":"Analisis Penerapan Sanksi Pidana terhadap Pelaku Tindak Pidana Penganiayaan terhadap Buruh Bangunan (Studi Putusan Nomor: 3/Pid.C/2021/PN Gdt)","authors":"Rodhi Agung Saputra, Muhamat Ilza Amanda, Lukmanul Hakim, Okta Ainita","doi":"10.33087/wjh.v7i1.1034","DOIUrl":"https://doi.org/10.33087/wjh.v7i1.1034","url":null,"abstract":"This study aims to analyze the Decision Number: 3/Pid.C/2021/PN Gdt, which states that the Defendant is legally and convincingly proven guilty of committing the criminal act of \"light maltreatment\" against construction workers using the research method. The research method used in this study is normative legal research and empirical legal research, related to the application of criminal sanctions against perpetrators of criminal acts of persecution against construction workers. The problem approach used in this research is to use a statute approach and a case approach as well as a socio-legal approach. The problems that will be discussed in this study are what are the factors that cause the perpetrators to commit criminal acts of mistreatment of construction workers based on Decision Number: 3/Pid.C/2021/PN Gdt and how to apply criminal sanctions against perpetrators of criminal acts of mistreatment of construction workers based on Decision Number: 3/Pid.C/2021/PN Gdt.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"134 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":"136049080","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}
Wajah HukumPub Date : 2023-04-05DOI: 10.33087/wjh.v7i1.1123
Monicke Cintyara
{"title":"Akibat Hukum Wanprestasi Atas Perjanjian Sewa Menyewa","authors":"Monicke Cintyara","doi":"10.33087/wjh.v7i1.1123","DOIUrl":"https://doi.org/10.33087/wjh.v7i1.1123","url":null,"abstract":"This study aims to determine the legal consequences arising from the lease agreement. In resolving disputes related to lease agreements, one of these things can arise with the background of an authentic deed. An authentic deed is drawn up before an authorized official where the authorized official in this lease agreement is a Notary. The law does not distinguish in detail how to resolve legal disputes specifically regarding authentic deed of leasing agreements in which the contents of an agreement cannot be fulfilled by one of the parties who bind themselves. This writing aims to find out what the legal consequences arise from default disputes on lease agreements and find out how legal remedies can be taken by the parties, both tenants and lessees who feel disadvantaged because one party commits an act of default. In this study the authors used normative legal research methods. The conclusion that can be drawn in this study is what are the legal consequences arising from defaults committed by one of the parties to the lease agreement where one of the parties is harmed by the default, therefore the injured party can demand the fulfillment of his achievements as what has been agreed in the agreement and accompanied by compensation for losses to parties who are harmed by default. Against legal remedies that can be done is to make legal efforts that are in the law through litigation and non-litigation legal remedies.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"22 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":"125182032","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}
Wajah HukumPub Date : 2023-04-05DOI: 10.33087/wjh.v7i1.1195
Ria Regger Effendi
{"title":"Efektifitas Ketentuan Bebas Visa Kunjungan dalam Penyalahgunaan Izin Tinggal Warga Negara Asing","authors":"Ria Regger Effendi","doi":"10.33087/wjh.v7i1.1195","DOIUrl":"https://doi.org/10.33087/wjh.v7i1.1195","url":null,"abstract":"Indonesia is a country that has diverse natural resources with a uniqueness that is an attraction for local and foreign tourists. The era of globalization in all fields includes industry, investment, trade, services, transportation, telecommunications, tourism, finance. So to create an expansion of job opportunities for Indonesian workers and increase the number of tourist visits and expand in all other fields, the Government issued Presidential Regulation of the Republic of Indonesia Number 21 of 2016 concerning Free Visit Visa. The problem that will arise from the visit visa-free provisions is how effective is the supervision of visit visa-free permits based on Law Number 6 of 2011 and what is the impact of visit visa-free permits on the abuse of residence permits for foreign citizens. The research method used is normative juridical which only studies from the Presidential Regulation of the Republic of Indonesia Number 21 of 2016 and Law Number 6 of 2011, the data collection technique used is secondary data in the form of data obtained based on literature studies","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"254 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":"131422820","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":"Sistem Pengangkatan dan Hak Kewarisan Anak Angkat Menurut Adat Tionghoa di Kota Jambi","authors":"M. Maryati, Syarifa Mahila, Hisba Hisba, Triamy Rostarum, Musyaiyadah Musyaiyadah, Putri Aprilia Ernawati","doi":"10.33087/wjh.v7i1.1198","DOIUrl":"https://doi.org/10.33087/wjh.v7i1.1198","url":null,"abstract":"This research is to find out and analyze the adopted child system according to Chinese customary provisions in Jambi. The approach used is the case approach, the concrete case approach that occurs in the field and the sociological approach, namely the legal approach carried out in practice as a determinant, to test the truth of science, using the scientific method. The purpose of adoption itself is to help others. Likewise regarding the right to inherit from adopted children there is no standard provision according to custom, but adoptive parents will give the rights of adopted children according to their abilities. The Chinese traditional adoption ceremony is carried out in a pagoda, and not through other official institutions. And the appointment was very simple, witnessed by the biological family and adoptive parents of two people from the family of the adoptive parents and biological parents. and given a small amount of money on the part of the child, permanent custody of the biological parents","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"38 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":"117258038","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}
Wajah HukumPub Date : 2023-04-05DOI: 10.33087/wjh.v7i1.1197
S. Hadi
{"title":"Jual Beli Hewan Peliharaan di Kota Jambi Perspektif Hukum Islam","authors":"S. Hadi","doi":"10.33087/wjh.v7i1.1197","DOIUrl":"https://doi.org/10.33087/wjh.v7i1.1197","url":null,"abstract":"At present, the practice of buying and selling pets in the city of Jambi in increasing. Animals such as dogs, cats, rabbits, hamsters, birds, fish, even some who keep snakes as pets. People’s interest in pets is usually because pets can become human substitutes (as friends and family), as house keepers or protectors, and as a self-reflection (hobby). In connection with the practice of buying and selling pets that occur in the community lately, as a Muslim, we should care about these issues, especially in the matter of buying and selling because objects that are traded and sometimes do not get treatment as it should, other than that animals that are traded also sometimes are animals which is forbidden in Islamic law. By using the approach of social science and Islamic law, the authors can conclude that in the city of Jambi, especially in the Subdistrict of Telanaipura and Pasar Kota Jambi, there is a pet trade activity with an online store system and online stores. Factors that cause pet trade are usually due to economic factors and opportunities. Meanwhile, there are two points according to Islam regarding the law of pet trade, which is permissible if the animal is benign and not harmful; and should not be if the animal is wild and dangerous.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"79 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":"121340828","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}