Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
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Pelindungan Hukum Ketenagakerjaan Atas Jaminan Keberlangsungan Bekerja terhadap Pekerja dengan Perjanjian Kerja Waktu Tertentu pada Perusahaan Alih Daya Ditinjau dari Teori Keadilan
Full text linkRegulations governing worker rights safeguarding are enacted via Outsourcing as specified in Government Regulation Number 35 of 2021, a response to the worldwide economic climate. Outsourcing serves as a strategy by the government to tackle global economic challenges, enabling business owners to preserve the viability and continuity of their enterprises during the economic downturns experienced both within Indonesia and globally as a result of the Covid-19 pandemic. In practice, the implementation of internship programs often experiences various problems. Among them, Interns are often positioned as workers without getting the rights they deserve, such as decent wages, insurance, or career advancement opportunities, even internship participants have the potential to become or replace Outsourcing and/or Outsourcing workers. So that the use of Outsourcing is affected by termination of employment. The purpose of this study is to examinelegal protection in Government Regulation Number 35 of 2021 regarding the guarantee of the continuity of work for Fixed Time Work Agreement (PKWT) workers in outsourcing companies who are laid off, reviewed from the theory of justice and to examinethe occurrence of Termination of Employment of Fixed Time Work Agreement (PKWT) workers at PT. X as an outsourcing company. The methodology employed in this study is characterized by normative legal research, focusing on the examination of secondary or primary Legal Protection materials such as theories, legal concepts, principles, and regulations. The gathering of data was executed through bibliographic research and empirical research, deriving from secondary sources like interviews and observations. Subsequently, this data was subjected to qualitative analysis to derive the anticipated outcomes of the research. The examination of Legal Protection within Government Regulation Number 35 of 2021 concerning the assurance of work continuity for PKWT workers in Outsourcing firms, interpreted through the lens of justice theory, reveals that multiple PKWT Workers at PT. X were dismissed as their tasks were assigned to interns participating in a local internship scheme facilitated by the Employing Company for the Outsourcing Company. Observing the events that transpired, the researcher concludes that the safeguarding of job continuity stipulated in Government Regulation Number 35 of 2021 does not meet the criteria of fairness for PKWT Workers employed by the Outsourcing company
Tantangan Penegakan Hukum terhadap Froud Perbankan dalam Industri Judi Online
Full text linkThe enforcement of law against banking fraud within the online gambling industry in Indonesia faces intricate challenges amidst rapid digital technology advancements. This study aims to analyze the forms of criminal liability for perpetrators of banking fraud involved in online gambling under Indonesia’s positive law and to identify the primary obstacles in law enforcement processes, along with investigators’ efforts to address them. Employing a normative juridical approach and literature review method, this research examines regulations such as the 1945 Constitution, Law No. 8/1981 on Criminal Procedure Code, Law No. 10/1998 on Banking, Law No. 8/2010 on Anti-Money Laundering, Law No. 1/2024 on Electronic Information and Transactions, and Law No. 1/2023 on the New Criminal Code. Findings reveal that perpetrators of banking fraud face penalties of up to 7 years under Articles 492 and 483 of the New Criminal Code for fraud and embezzlement, and up to 20 years under the Anti-Money Laundering Law for money laundering. Major challenges include difficulties in digital evidence collection due to advanced encryption, overseas servers, and low compliance in reporting suspicious transactions, as evidenced by PPATK’s 2025 report noting only 573 active reporters out of 89,000. Cases like the arrest of two online gambling bosses (OHW and H) in May 2025 exposed the massive abuse of 4,000 bank accounts, yet inter-agency coordination among the Police, OJK, Kominfo, and PPATK remains hindered by limited digital forensics and cross-jurisdictional issues. Investigators address these barriers by leveraging digital forensic technology, international cooperation through Mutual Legal Assistance, and enhanced big data-based monitoring systems. This study recommends a holistic approach integrating strengthened financial technology regulations, investigator training, and public education to prevent cybercrimes, thereby upholding the rule of law and safeguarding the national financial system
Eksistensi Surat Izin Pemeriksaan Majelis Kehormatan Notaris Sebagai Objek Sengketa Administratif
Full text linkThis study aims to analyze the legal status of the examination approval letter issued by the Notary Honorary Council (MKN) as a State Administrative Decision (KTUN) and to evaluate the procedural compliance of the notary’s summons based on Supreme Court Reconsideration Decision No. 36 PK/TUN/2020. Using a normative juridical approach and case study method, the study finds that the letter meets the criteria of a KTUN and can be subject to an administrative lawsuit. However, the Supreme Court rejected objections regarding procedural violations due to the notary's attendance at the examination. The study concludes that government administrative law is more appropriate for assessing the validity of such administrative actions, emphasizing the principles of effectiveness and protection of individual rights. These findings highlight the importance of procedural understanding for notaries and the need for adequate legal assistance when facing administrative actions
Peranan Komite Olahraga Nasional Indonesia Provinsi Jambi dalam Pembinaan dan Pengembangan Olahraga Panahan
Full text linkSport is a basic need for every human being and plays an important role in life. Physical activity is a characteristic of life, indicating that every individual needs movement for health and well-being. In this context, the role of the Indonesian National Sports Committee (KONI) in developing sports activities. One of the sports that cannot be ignored is archery, which has the potential to achieve proud achievements at the national and international levels. This study aims to analyze the role of KONI in developing archery athletes in Jambi Province, to unravel the obstacles faced in the coaching process, and to find solutions to overcome these obstacles. In this study, the method used is empirical juridical with a Socio-legal research approach. From the results of the study, it was concluded that KONI has made efforts to develop archery athletes, but has not been optimal. The obstacles faced are limited training facilities and infrastructure, which are caused by a lack of budget and minimal funding, less than optimal program assistance. Efforts made by KONI Jambi Province are to improve the budget system by submitting a budget plan in accordance with Regional Regulations, so that the needs of sports facilities and infrastructure can be met properly, it is important to plan independent funding sources for KONI. This study also recommends several strategic steps for KONI to support its role in the development and development of archery in an effort to increase the achievements and number of athletes at various levels, so that the achievements can be maximized
Perjanjian Jual Beli Tanah Berdasarkan Hukum Adat di Desa Sungai Sayang Kecamatan Sadu Kabupaten Tanjung Jabung Timur
Full text linkThis study aims to explore and analyze the implementation of land sale and purchase agreements based on customary law in Sungai Sayang Village, Sadu Subdistrict, Tanjung Jabung Timur Regency, as well as to examine the legal strength of such agreements from the perspective of national law. In customary communities, land transactions are not only guided by formal legal principles but are also deeply rooted in local norms and traditions that have been passed down through generations. This research employs an empirical juridical approach using qualitative methods. Data were collected through interviews with traditional leaders, village officials, and community members who have engaged in land transactions, as well as through a review of relevant documents. The findings reveal that land sale and purchase processes in Sungai Sayang Village are typically conducted orally, witnessed by customary leaders and local witnesses, and accompanied by symbolic gestures as a sign of a valid agreement. Although unwritten, such agreements are deemed legitimate and binding under customary law.However, from the perspective of national law, these agreements do not carry full legal force unless formalized through an authentic deed in accordance with applicable statutory regulations. Therefore, it is necessary to harmonize customary law with positive (national) law to ensure that community land rights are protected and future disputes are prevente
Kebijakan Hukum Pidana terhadap Penyalahgunaan Narkotika Pasal 127 Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika
Full text linkLegal policy against drug abusers and addicts to undergo medical and social rehabilitation is regulated in Article 127 of Law Number 35 of 2009 concerning Narcotics. However, there are differences of opinion between this Article and related Articles which cause the implementation in the field to be less than appropriate. This study aims to determine the legal policy on Article 127 of Law Number 35 of 2009 concerning Narcotics. The research method used is normative with a statutory regulatory approach and a case approach. The scope or object of this study is the criminal law policy on Article 127 of Law Number 35 of 2009 concerning Narcotics. The main legal sources used include primary legal materials such as Law Number 35 of 2009 concerning Narcotics, secondary legal materials consisting of books and journals by legal experts, and tertiary legal materials used include related dictionaries and encyclopedias. The results of the study show that there are several decisions that were charged with Law 127 of Law Number 35 of 2009 concerning Narcotics who were not given the opportunity for rehabilitation, which is not in accordance with the contents of Article 127 of Law Number 35 of 2009 concerning Narcotics
Peran Alat Bukti Petunjuk Bagi Hakim dalam Memutus Perkara Pidana di Indonesia
Full text linkProof is the central point in resolving criminal cases. Whether a defendant is convicted or not depends on the evidence. Proving, means trying to convince the judge about whether the defendant is guilty or not. Of course, it is based on the evidentiary parameters stipulated in the law. One of the evidentiary parameters is the evidentiary strength (bewijskracht) of each piece of evidence. Guidance evidence are one of the means of evidence as regulated in Article 184 of the Criminal Procedure Code. The legal issue that is the aim of the research is to analyze the role of guiding evidence for judges in deciding criminal cases; because in legal practice the evidence of guidance is very dependent on the judge's subjective assessment in deciding the case. Because what is being studied is the role of guidance evidence, the approach used is a statutory approach. The results of the research show that guidance evidence is complementary evidence or accessory evidence which is only found through other evidence, namely witness statements, letters and defendant statements. Guidance evidence is one of the legal pieces of evidence in Indonesian Criminal Procedure Law which has the role and function of strengthening the evidentiary process in resolving criminal cases. Even though guidance evidence is not direct evidence, guidance evidence has the same position as other evidence in the Criminal Procedure Code
Implikasi Dispensasi Kawin Sebagai Penyebab Tingginya Resiko Angka Perceraian Bagi Anak Akibat Perkawinan Paksa Berdasarkan Hak-Hak Perempuan
Full text linkThe purpose of this research is to analyze the impact of marriage dispensation on children and the legal recovery steps related to it. Marriage dispensation regulated in Article 7 paragraph (2) of Law No. 16 of 2019 triggers various problems, especially the increase in divorce rates and violations of women's rights. This policy is considered discriminatory because it opens up opportunities for forced marriages for girls who are not yet mature physically, mentally, or economically. This research uses normative juridical methods and a conceptual approach to analyze the impact of marriage dispensation and legal recovery measures. The results indicate the need for judicial review and legislative review to tighten regulations, prevent abuse, and protect the rights of children and women. This is expected to encourage the revision of legal norms to better align with the principles of justice and child protection
Menakar Aktualisasi Hak Partisipasi Anak melalui Pelibatan Anak dalam Law-Making Process Mitigasi Iklim
Full text linkChildren’s right of participation legitimized in national and international instruments. It is giving children right be hear, to express their views and opinios in matters affecting them significantly, such as the climate crisis. However, exercising this rights still faces various obstacles. This study will describe an analysis of restrictions on children's participation as obstacles to fulfilling children's rights in the law-making process to assuring child involvement can be implemented. As a normative research, this study will examine legal literature materials. The finding shows that children's participation in the policy-making process is faced with the assumption of adults who use age and maturity as benchmarks. This is not in line with the meaning in the Convention on the Rights of the Child which has legally provided legal certainty for children to have the right to participate and make decisions without limiting them solely by age. The Convention only states that children are given the right to participate with a weight that is appropriate for the child. Therefore, policy makers should be able to provide a broader interpretation to children so that these restrictions do not become obstacles. It is necessary to take into account the perspectives of children and uphold the best interests of the child premise to achieve intergenerational equity as a whole
Perjanjian Nominee Antara Warga Negara Asing dengan Warga Negara Indonesia dalam Praktik Jual Beli Satuan Rumah Susun
Full text linkThe practice of nominee agreements in the sale and purchase of apartment units between foreign nationals (WNA) and Indonesian citizens (WNI) which is based on the limited ownership of apartment units by WNA. And then it becomes a significant legal issue because when viewed from the legal aspect, it is found that the Nominee Agreement does not meet the objective requirements for the validity of an agreement, which results in the agreement being null and void according to the provisions of the laws and regulations in force in Indonesia. This also has a serious impact and is detrimental to many related parties, and provides legal uncertainty for the parties involved. WNA are not recognized as legal owners, while WNI who are nominees are vulnerable to legal sanctions. Nominee agreements also conflict with the principle of land sovereignty. Unclear regulations and weak law enforcement also worsen the situation. The purpose of this study is to analyze and determine the legality of nominee agreements based on legal regulations in Indonesia, as well as the impact of ownership of apartment units for the parties. Thus, it is known that to overcome this problem, comprehensive legal reform is needed, including regulations that provide legal certainty for all parties in carrying out legal actions, especially agreements, so that they remain within the appropriate legal corridor, without setting aside the principle of freedom of contract