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Cakrawala Hukum
Published by Universitas Wijayakusuma Purwokerto
ISSN : 14112191     EISSN : 27230856     DOI : 10.51921
Core Subject :
Cakrawala Hukum presents journals / scientific papers / research results on legal issues written by lecturers or students from the Faculty of Law, Wijayakusuma University or from outside the Faculty of Law, Wijayakusuma University.
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Articles 154 Documents
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Potensi Maraknya Kasus Dispensasi Nikah Akibat Revisi Undang-Undang Nomor 16 Tahun 2019 tentang Perkawinan di Pengadilan Agama Purwokerto Kelas 1A Nirmala; Friska Dwi Aryani; Meliana Bernadita; Oktavia Nur Pratiwi
Cakrawala Hukum: Majalah Ilmiah Fakultas Hukum Universitas Wijayakusuma Vol. 26 No. 2 (2024): MAJALAH ILMIAH CAKRAWALA HUKUM
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/chk.3evqtz51

Abstract

Abstract. The marriage age limit is the core of the change in marriage law number 1 of 1974 to law number 16 of 2019. According to the latest law, the minimum age for marriage is equal between men and women, which is 19 years old. However, after the change, the application for marriage dispensation increased at the Purwokerto Religious Court Class 1A. The purpose of this research is to find out the factors that cause the submission of marriage dispensation and the impact it has on the recipients of marriage dispensation. The type of research used in this research is empirical research or field research and uses a qualitative approach. The data used are primary and secondary data. Keywords: Marriage Dispensation, Marriage Law  
Bentuk Hukum Pokok-Pokok Haluan Negara Iskatrinah; Aniek Periani
Cakrawala Hukum: Majalah Ilmiah Fakultas Hukum Universitas Wijayakusuma Vol. 26 No. 1 (2024): MAJALAH ILMIAH CAKRAWALA HUKUM
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/chk.ebhtgt23

Abstract

The existence of state direction in the history of the Indonesianconstitutional system has changed. In the Old Order and New Order eras,the role of state policy became very vital as a guide to state development,which at that time, its formal form was called the Outline of State Policy(GBHN). However, after the reform, the existence of state policy was lostas the 1945 Constitution was amended which eliminated the existence ofstate policy in the constitution. State direction is a national developmentconcept that refers to the state's goals to be achieved through a planningsystem that has future projections in order to realize state goals as themain foundation of the state's policy concept.Keywords: Amendments, State Policy, State GoalsAbstrak. Keberadaan haluan negara dalam sejarah sistemketatanegaraan Indonesia mengalami perubahan. Di era Orde Lamadan Orde Baru, haluan negara perannya menjadi sangat vital sebagaipedoman pembangunan negara, yang kala itu, wujud formalnyadisebut sebagai Garis-Garis Besar Haluan Negara (GBHN). Namun,setelah reformasi eksistensi haluan negara menjadi hilang seiringdiamandemen UUD 1945 yang menghilangkan eksistensi haluannegara dalam konstitusi. Haluan negara adalah konsep pembangunannasional yang merujuk pada tujuan negara yang hendak dicapaimelalui sebuah sistem perencanaan yang memiliki proyeksi ke depandalam rangka mewujudkan tujuan negara sebagai fondasi utama darikonsep haluan negara.Kata kunci: Amandemen, Haluan Negara, Tujuan Negara
STRATEGI PEMERINTAH DAERAH KABUPATEN BANYUMAS DALAM MENCEGAH KORUPSI ANGGARAN PENDAPATAN DAN BELANJA DAERAH (APBD) DI KABUPATEN BANYUMAS Tri Ayu Suciana; Esti Ningrum; Haris Kusumawardana; Agoes Djatmiko
Cakrawala Hukum: Majalah Ilmiah Fakultas Hukum Universitas Wijayakusuma Vol. 26 No. 2 (2024): MAJALAH ILMIAH CAKRAWALA HUKUM
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/chk.cg18pe75

Abstract

Abstrak . Banyumas Regency is one of the regencies that received the highest ranking for corruption prevention. According to the Corruption Eradication Commission's Monitoring Center for Prevention (MCP) corruption prevention instrument, Banyumas Regency is ranked sixth at the national level with an index of 95.79. This research was conducted to find out the strategies of the Banyumas Regency Regional Government in preventing corruption of the Regional Budget (APBD) in Banyumas Regency and the obstacles of the Banyumas Regency Regional Government in implementing strategies to prevent corruption of the Regional Budget (APBD) in Banyumas Regency. The research method used is normative juridical using secondary data sources and primary data sources in the form of data from interviews with the Banyumas Regency local government consisting of the Regional Secretariat of the Legal Section and the Banyumas Regency Regional Inspectorate. Based on the results of the study, that the strategies and effective efforts of the Banyumas Regency local government in preventing corruption of the Regional Budget (APBD) in Banyumas Regency can be done through the establishment of regulations, handling conflicts of interest, fostering the State Civil Apparatus (ASN), using the Monitoring Center for Prevention (MCP), using the Whistleblowing System (WBS), using complaint stalls, conducting investigative audits, implementing the Government Internal Control System (SPIP), and carry out the duties and functions of local government on the regional revenue and expenditure budget (APBD). The obstacles of The Banyumas Regency Regional Government in preventing Corruption in the Regional Budget (APBD) in Banyumas Regency include delays in the implementation of activity schedules, the effectiveness of regulations, and the incompatibility of public complaints. Keyword: Corruption, APBD, Banyumas Regency.  
Perlindungan Hukum Terhadap Konsumen Dalam Jual Beli Pakaian Bekas (Thrifting) Melalui Aplikasi TikTok Loemongga Arthamevia; Arif Awaludin; Ikama Dewi Setia Triana; Aniek Periani
Cakrawala Hukum: Majalah Ilmiah Fakultas Hukum Universitas Wijayakusuma Vol. 26 No. 2 (2024): MAJALAH ILMIAH CAKRAWALA HUKUM
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/chk.8915sb93

Abstract

Abstract This research aims to provide an explanation regarding the legal provisions governing the legality of buying and selling second-hand clothing or thrifting through the TikTok application in Indonesia, as well as the protection offered by law to consumers who purchase second-hand clothing. To complement that objective, this research employs a Normative Juridical method using a Legislative approach. This research shows the following results: First, the practice of buying and selling second-hand clothing in Indonesia is not prohibited; however, if the second-hand clothing being sold is imported, this contradicts the Minister of Trade Regulation Number 51 of 2015 concerning the Prohibition of Importing Second-Hand Clothing and the Minister of Trade Regulation Number 40 of 2022 concerning Prohibited Export and Import Goods. Therefore, it is established that the activity of buying and selling imported second-hand clothing is ILLEGAL. Second, consumer protection in the buying and selling of second-hand clothing can be carried out in two ways: preventively, through the establishment of legislation on consumer protection, and repressively, through resolution between both parties (non-litigation) or by filing a lawsuit in the General Court (litigation). Keywords: Buying and Selling, Second-Hand Clothing, Import, Law, Consumer Protection.  
Penerapan Hukum Militer Terhadap Anggota Militer Yang Melakukan Desersi Berdasarkan Kitab Undang- Undang Hukum Pidana Militer Akhmad Alfin; Esti Ningrum; Agoes Djatmiko; Haris Kusumawardana
Cakrawala Hukum: Majalah Ilmiah Fakultas Hukum Universitas Wijayakusuma Vol. 26 No. 2 (2024): MAJALAH ILMIAH CAKRAWALA HUKUM
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/chk.8w8fcn18

Abstract

The aim of this research is to determine the process of applying military law to military members who commit the crime of desertion based on the military criminal code and to find out the obstacles to military law against military members who commit the crime of desertion based on the military criminal code. The type of research in writing this thesis is normative juridical research, and the approach method used is law, analytical and case approaches with clinical legal research writing of a perspective nature. The data collection technique was a literature study. The results show that the application of military criminal law to members of the Indonesian National Army who are proven to have committed a criminal act of desertion is the authority of the military court to try them, then the stages are in the form of investigations carried out by the Military Police on the orders of a superior who has the right to punish (Ankum). Then the investigation file is given to the military prosecutor to be studied, then the military prosecutor makes the indictment to be submitted to the military court, after the court feels that the files from the military prosecutor are sufficient, the military court will try military personnel accused of desertion. Furthermore, the constraints in law enforcement related to the crime of desertion are viewed from 4 interrelated aspects, namely concerning the substance of the law, the legal structure itself, facilities or infrastructure, and society. Settlement of cases in military justice is currently well regulated, however, it is hoped that all those who play a role in the military case settlement process carry out all these stages based on Justice and Positive Law. Keywords: Desertion, Indonesia Military, Military Crime  
Peran Unit Pelayanan Perempuan Dan Anak (PPA) Satreskrim Polresta Banyumas Dalam Menanggulangi Tindak Pidana Persetubuhan Terhadap Anak Dibawah Umur Tri Rahayu; Arif Awaludin; Ikama Dewi Setia Triana; Arka Atyanta
Cakrawala Hukum: Majalah Ilmiah Fakultas Hukum Universitas Wijayakusuma Vol. 26 No. 2 (2024): MAJALAH ILMIAH CAKRAWALA HUKUM
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/chk.e057yh73

Abstract

This paper aims to analyze the role of the Women and Child Services Unit (PPA) of Satreskrim Polresta Banyumas in dealing with the crime of prostitution against minors and the factors causing the crime in the territory of the law of Polrest Banyumas. A qualitative approach is used to collect data through interviews, observations, and document analysis. The results of the research show that the PPA Unit has a significant role in dealing with cases of sexual abuse against minors, including in the prevention, law enforcement, and victim recovery aspects. The causes of such crimes include low awareness of children's rights, gender inequality, lack of adequate sexual education, and vulnerable socio-economic conditions. The conclusions reaffirmed the need for collaborative efforts between various parties, including government agencies, communities, and non-governmental organizations, in improving child protection and combating sexual offences against minors in the area of law of Polresta Banyumas. This research contributes to a greater understanding of the dynamics of dealing with crimes of sexual immorality against minors and the efforts that can be made to address them in a holistic way. Keywords: Women's and Children's Service Unit, underage children  
Kedudukan Ahli Waris Yang Berkelamin Ganda (Khuntsa)Menurut Hukum Waris Islam Elisabeth Pudyastiwi; Doni Adi Supriyo; Eti Mul Erowati
Cakrawala Hukum: Majalah Ilmiah Fakultas Hukum Universitas Wijayakusuma Vol. 26 No. 2 (2024): MAJALAH ILMIAH CAKRAWALA HUKUM
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/chk.zsr6kd41

Abstract

The occurrence of someone who has dual genitalia in general in society has various impacts. Many cases have emerged that require handling. The purpose of this study is to determine the legal status of the heirs of Indonesian citizens who have dual genitalia (khuntsa) and how the rights to inherit the inheritance of heirs who have dual genitalia (khuntsa) or whose status is in doubt according to Islamic law. This type of research uses normative legal research which is based on the formulation of the problem and the purpose of the research. With the method of legislative approach and conceptual approach. The results of the study explain that the inheritance rights of khuntsa have not been explicitly regulated in the KHI, and in the Qur'an there has been no inheritance law for khuntsa. In determining the legal status of this khuntsa, it can be seen from the signs of maturity and where it urinates as mentioned in the hadith narrated by HR. Ibn 'Abbas, and can perform sex change operations. The heirs agree in calculating the level of the khuntsa musykil part by estimating and calculating it as a man then as a woman. Khuntsa and other heirs receive the smallest estimated share, while the rest that is still in doubt is withheld until the legal status of the khuntsa is clear. Keywords: Heirs, khuntsa, Islamic law  
Tinjauan Yuridis Terhadap Shopee Pinjam Pada Marketplace Berdasarkan Ekonomi Islam Wiwin Muchtar Wiyono; Eti Mul Erowati; Ferryani Krisnawati
Cakrawala Hukum: Majalah Ilmiah Fakultas Hukum Universitas Wijayakusuma Vol. 26 No. 2 (2024): MAJALAH ILMIAH CAKRAWALA HUKUM
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/chk.1k9gay98

Abstract

Shopee borrows from the marketplace, which is one of the products offered by Shopee to give to users so they can get cash loans with easy procedures. The reciprocity that users must provide is by paying the loan in installments every month. In this case, Shopee will pay interest to borrowers and if there is a delay in repaying the loan, the borrower will be subject to a fine. The research carried out was field research, this research was descriptive in nature, data analysis in this research used a qualitative descriptive approach. The approach in this research is to obtain and collect data directly or directly from shopee loan users. Shopee's practice of borrowing from the Shopee application is that loans start from 500,000 – 1,500,000.- with monthly installments and with different interest starting from 10%-30% and if you are late in paying you will be subject to a fine of 3% of the nominal amount to be repaid. Review of Islamic Economic Law regarding the practice of borrowing hope from the Shopee application applies qardh conditions, namely the existence of borrowers, lenders, goods/debts, ijab and qabul. But in this practice there is interest which gives rise to usury, so this practice is a practice that is clearly prohibited in Islam. Based on this research, it can be stated that the practice of debts and receivables in the Shopee loan application including usury. The reason is because interest is in addition to the principal of the loaned capital. Keywords: Shopee Borrow, Marketplace, Islamic Economy  
Kajian Yuridis Terhadap Perkawinan Beda Agama Setelah Keluarnya SEMA Nomor 2 Tahun 2023 Tentang Penolakan Permohonan Pencatatan Perkawinan Beda Agama Suryati; Teguh Anindito; Aris Priyadi
Cakrawala Hukum: Majalah Ilmiah Fakultas Hukum Universitas Wijayakusuma Vol. 26 No. 2 (2024): MAJALAH ILMIAH CAKRAWALA HUKUM
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/chk.avecda19

Abstract

The aim of this research is to determine the impact of SEMA No. 2 of 2023 regarding the constitutional rights of people in interfaith marriages from the perspective of the principle of legal certainty. The trigger factor for the emergence of SEMA is because there is a legal loophole for couples who want to carry out an interfaith marriage, in Article 2 paragraph 1 of Law No. 1 of 1974 concerning Marriage, it is explained that to carry out a marriage they must adhere to their respective religious beliefs. In this article there is no explanation that interfaith marriages are prohibited, then the emergence of regulations regarding marriage registration in Article 35 letter a of the Population Administration Law explains in this article that marriages are carried out between religions. With this gap of uncertainty, the couple continued with an interfaith marriage, so the Supreme Court issued a circular for judges to reject the application for interfaith marriage and provide legal certainty.To achieve this goal, the author uses a normative juridical approach. The data used in this research is secondary data as the main data which includes primary legal material, secondary legal material and tertiary legal material. Data was analyzed qualitatively. Conclusion: the impact of the emergence of SEMA Number 2 of 2023 concerning rejection of requests for interfaith marriages, is a step to provide clarity on the confusion that occurs in society and as a guide for judges in rejecting requests for interfaith marriages. Then the emergence of SEMA gave rise to pros and cons in society. Rejection considers discrimination against personal rights in the context of marriage and limits the independence of judges in adjudicating trials. Keywords: Interfaith Marriage, SEMA Number 2 of 2023, Legal Certainty    
Pertanggungjawaban Pidana Pengurus Yayasan dalam Penggelapan Kekayaan Yayasan Pendidikan Rusito; Doni Adi Supriyo
Cakrawala Hukum: Majalah Ilmiah Fakultas Hukum Universitas Wijayakusuma Vol. 26 No. 2 (2024): MAJALAH ILMIAH CAKRAWALA HUKUM
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/chk.36hbf517

Abstract

This study aims to describe the Criminal Liability of Foundation Administrators in Misuse of Educational Foundation Assets. The method used in this study is normative juridical, namely research with data sources based on Laws, decisions, and other legal materials related to this scientific work with a Criminal Law perspective. Criminal acts of embezzlement in office without us realizing have occurred a lot and are difficult to identify because the perpetrators are still in the same scope as the institution, organization or company. The results of this study indicate that the defendant can be sentenced by the judge under Article 364 of the Criminal Code in conjunction with Article 64 of the Criminal Code so that the defendant is sentenced to 1 year in prison and is required to return the proceeds of the crime. In fact, Indonesia has special regulations governing Foundations along with criminal penalties for those who violate the legal provisions in Law No. of 2004 concerning amendments to Law No. of 2001 concerning Foundations. This is because there are certain criteria, namely the perpetrator as a core organ of the Foundation (Supervisor, Manager, Supervisor) so that someone who violates the provisions can be subject to articles in accordance with the Foundation Law. Keywords: Criminal Act, Embezzlement, Educational Foundation

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