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All Journal Jurnal Cakrawala Hukum
Dhaniar Eka Budiastanti
Fakultas Hukum Universitas Merdeka Malang
Law, Crime, Criminology & Criminal Justice

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Aspek yuridis program e-karir dalam perspektif hukum ketenagakerjaan Dhaniar Eka Budiastanti; I Gusti Ngurah Adnyana; Adhinda Dewi Agustine
Jurnal Cakrawala Hukum Vol 11, No 2 (2020): August 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v11i2.4397

Abstract

The obligation of employers to report existing or future job vacancies in their company has been regulated by Presidential Regulation Number 4 of 1980 concerning Mandatory Reporting of Job Vacancies, it is necessary to make adjustments to the needs of the community and it is necessary to synchronize with the Manpower Law, so that it can provide legal protection for job seekers on the availability of job vacancies in an agency. Based on this, the author wants to examine the juridical aspects of the e-career program in the perspective of labor law and legal protection regulated in the Labor regulations against the availability of job vacancies in an agency. This type of research is normative juridical with a statutory approach and a historical approach. The results showed that the juridical aspects of the e-career program in order to reduce the unemployment rate have been regulated in the Law on Manpower as one of the national scale strategic policies. The Law on Manpower has provided legal protection for Job Seekers for the availability of job vacancies in an agency, through Articles 7 and 8 which regulate employment planning and information.How to cite item: Budiastanti, D., Adnyana, I., Agustine, A. (2020). Aspek yuridis program e-karir dalam perspektif hukum ketenagakerjaan. Jurnal Cakrawala Hukum, 11(2), 147-156. doi:https://doi.org/10.26905/idjch.v11i2.4397
Implikasi yuridis putusan Mahkamah Konstitusi nomor 93/PUU-X/2012 terkait dengan penyelesaian sengketa perbankan syariah Dhaniar Eka Budiastanti
Jurnal Cakrawala Hukum Vol 11, No 1 (2020): April 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v11i1.4120

Abstract

Islamic Banking dispute resolution is an effort to resolve the problem carried out by the bank and the customer, if one of the parties is in default. The settlement of the Sharia Banking dispute is based on Law Number 21 of 2008 concerning Sharia Banking, particularly Article 55 of the Law. After the Constitutional Court gave its decision, through the Constitutional Court's Decision Number 93 / PUU-X / 2012, a legal implication occurred, namely the blurring of norms related to the resolution of Sharia Banking disputes. The writing method used is normative juridical, using the statutory approach (Statue Approach) and case approach. The results obtained related to this writing are the creation of a legal uncertainty related to the resolution of disputes outside the court (non-litigation).How to cite item: Budiastanti, D. (2020). Implikasi yuridis putusan Mahkamah Konstitusi nomor 93/PUU-X/2012 terkait dengan penyelesaian sengketa perbankan syariah. Jurnal Cakrawala Hukum, 11(1), 1-11. doi:https://doi.org/10.26905/idjch.v11i1.4120
PERLINDUNGAN HUKUM TERHADAP KORBAN TINDAK PIDANA PENIPUAN MELALUI INTERNET Dhaniar Eka Budiastanti
Jurnal Cakrawala Hukum Vol 8, No 1 (2017): June 2017
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v8i1.1727

Abstract

The development of technology in addition to bringing positive impact, in its development also bring negative impact. The crime of using the internet as a means of committing crimes has increased substantially in the State of Indonesia as a form of negative impact. The Internet is used as a means to commit a crime, one of which is fraud. The protection granted by the Law of the Republic of Indonesia Number 19 the Year 2016 on Information and Electronic Transactions in the form of settlement of cases and the provision of criminal sanctions provided to the suspect or defendant. Article 28 paragraph (1) of the Law of the Republic of Indonesia Number 19 the Year 2016 on Information and Electronic Transactions may indicate as the article regulating fraud, but if examined more deeply, the elements contained in Article 28 paragraph (1) Law -The Republic of Indonesia No. 19 of 2016 on Information and Electronic Transactions is still considered less to meet the elements contained in the act that provides fictitious information in terms of sales of goods in cyberspace. Another case with Article 378 of the Criminal Code, which detailed parse elements of acts that provide fictitious information.
Compensation for land rights holders according to the land acquisition law Dhaniar Eka Budiastanti; Khotbatul Laila; Nahdiya Sabrina; Diah Aju Wisnuwardhani; Selvia Wisuda
Jurnal Cakrawala Hukum Vol 13, No 2 (2022): August 2022
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v13i2.7970

Abstract

The aspect of compensation is very crucial in land acquisition for development for the public interest. The Law of the Republic of Indonesia Number 2 of 2012 concerning Land Procurement for Development in the Public Interest (PTBPKU Law) is "drowned" by the many cases of land disputes that are so complex. The regulations regarding land acquisition contained in the PTBPKU Law are indeed correct, but when viewed in terms of substance, they still leave several separate notes. Several things need to be studied more deeply, primarily related to the basic concept of acquiring land rights for the public interest and compensation assessment. This paper aims to provide legal protection for land rights holders who reject the amount of payment in the PTBPKU Law and compare it with the latest regulation of land acquisition, namely the Job Creation Act. The writing method used is a normative juridical method using the Statute Approach and the Comparative Approach. The PTBPKU Law, as amended by the Law of the Republic of Indonesia Number 11 of 2020 concerning Job Creation, has not been able to fully protect the holders of land rights affected by land acquisition for development in the public interest. Regulators should pay more attention to matters relating to compensation for land rights holders.How to cite item: Budiastanti, D., Laila, K., Sabrina, N., Wisnuwardhani, D., Wisuda, S. (2022). Compensation for land rights holders according to the land acquisition law. Jurnal Cakrawala Hukum, 13(2), 135-144. DOI:https://doi.org/10.26905/idjch.v13i2.7970.
Normative Problems Guaranteeing the Rights of Labor Fishermen in the Job Creation Law Dhaniar Eka Budiastanti; Galih Puji Mulyono; Dewi Ayu Rahayu; Bintang Ulya Kharisma; Selvi Andriani
Jurnal Cakrawala Hukum Vol 14, No 2 (2023): August 2023
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v14i2.10864

Abstract

The substance of the Job Creation Act in Indonesia covers all areas of law. This paper only examines the elements of labor law, especially those related to guaranteeing legal rights for labor fishermen in Indonesia. This research is based on legal problems where the legal relationship between fishermen and labor fishermen is from the point of view of the Job Creation Act, so the ultimate goal of this research is to explain the guarantee of labor fishermen's rights. The approach used in this research is normative juridical by collecting data collection tools in the form of normative literacy studies related to these problems. The working relationship between owner and labor fishermen is legal because all these jobs contain elements of an employment relationship. The type of work agreement made between owner fishermen and labor fishermen is a verbal agreement. The legal consequence is that the rights of labor fishermen after the termination of employment are not granted due to the low position of labor fishermen. All workers, especially labor fishermen, should accept the rights in the Job Creation Law.How to cite item: Budiastanti, Dhaniar Eka, Galih Puji Mulyono, Dewi Ayu Rahayu, Bintang Ulya Kharisma, and Selvi Andriani. “Normative Problems Guaranteeing the Rights of Labor Fishermen in the Job Creation Law.” Jurnal Cakrawala Hukum 14 no. 2 (2023): 167-176. DOI: doi.org/10.26905/idjch.v14i2.10864.
Co-Authors Adhinda Dewi Agustine Bintang Ulya Kharisma Dewi Ayu Rahayu Diah Aju Wisnuwardhani Galih Puji Mulyono I Gusti Ngurah Adnyana Khotbatul Laila Nahdiya Sabrina Selvi Andriani Selvia Wisuda