cover
Contact Name
Galih Puji Mulyono, S.H., M.H.
Contact Email
Galihpujimulyono@unmer.ac.id
Phone
+6285646664788
Journal Mail Official
jurnalcakrawalahukum@unmer.ac.id
Editorial Address
Faculty of Law Building, Terusan Dieng Street 62-64, Malang City, East Java, Indonesia, 65146
Location
Kota malang,
Jawa timur
INDONESIA
Jurnal Cakrawala Hukum
ISSN : 23564962     EISSN : 25986538     DOI : https://doi.org/10.26905/idjch
Core Subject : Social,
The Journal of Cakrawala Hukum, is a scientific periodical of the Faculty of Law, University of Merdeka Malang, which includes a variety of research in the field of law, or the analysis of actual case studies, or ideas related to the actual law. A Scientific periodical is intended as a means of scientific communication and a means of fostering, developing and strengthening knowledge in the field of law. Academics, legal practitioners, or anyone interested in the field of law may submit his papers to the editor with the guidelines in writing. Coverage includes, but is not limited to Employment and industrial law, Corporate governance and social responsibility, Intellectual property, Corporate law and finance, Insolvency, Commercial law and consumer protection, Environmental law, Taxation, Competition law, and Regulatory theory. Researchers in all law fields are encouraged to contribute articles based on recent research. Published 3 times a year in April, August and December.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
Search results for , issue "Vol 10, No 1 (2019): June 2019" : 7 Documents clear
Analisis Perkembangan Epistemologi Hukum di Indonesia dalam Upaya Membangun Konvergensi Epistemologi Hukum Yogi Prasetyo; Imam Zaelani; Rangga Sakti
Jurnal Cakrawala Hukum Vol 10, No 1 (2019): June 2019
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v10i1.2501

Abstract

This article is research result that describes development of the epistemology of law in indonesia, relationship of epistemology in law, and the concept of convergence of epistemology in law. The research method used is a literature study with a philosophical approach. The research results draw; epistemology of law based on empirical reality by inductive approach like sociology of law; epistemology of law based on rational sense by deductive approach like positivistic normative law; epistemology of law based on moral-ethics and conscience by using awareness and intuitional approach; epistemology of law based on Al-Quran like God’s law. These results show a correlation independent, parallel and linier in the epistemology of law. This correlation claims the certain truth and causes law is used for certain purposes. Based on this reason, it needs convergence of epistemology in law that unites the law truth, so that law can be comprehended by various perspectives.How to cite item: Prasetyo, Y., Zaelani, I., Sakti, R. (2019). Analisis Perkembangan Epistemologi Hukum di Indonesia dalam Upaya Membangun Konvergensi Epistemologi Hukum. Jurnal Cakrawala Hukum, 10(1), 96-106. doi:https://doi.org/10.26905/idjch.v10i1.2501
Status Kepemilikan Saham Hasil Pembatalan Penggabungan Perseroan Terbatas oleh Komisi Pengawas Persaingan Usaha Dian Karina Fitri; Sihabudin Sihabudin; Bambang Winarno
Jurnal Cakrawala Hukum Vol 10, No 1 (2019): June 2019
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v10i1.2609

Abstract

Limited Liability Company is a legal action carried out by one or more companies to merge with other existing companies which then results in the assets and liabilities of the company which merges itself due to the law to the company that receives the merger and subsequently the legal entity status those who join will end because ofthe law. This study discusses the status of share ownership resulting from the cancellation of the merger of Limited Liability Company. The purpose of this study is to analyze the absence of legal rules regarding share ownership status after cancellation by the Business Competition Supervisory Commission (hereinafter referred to as KPPU). The researcher used the normative jurisdiction method. The approach used is the legislative approach. Legal materials used are primary and secondary legal materials. Legal material collection techniques used through library studies. The analysis technique used is deductive logic, which draws conclusions from the general to the specific. The results of the study indicate that there is a legal vacuum in share ownership status related to the cancellation of the merger of Limited Liability Company. Because the emptiness causes legal uncertainty and huge consequences for the business world.How to cite item: Fitri, D., Sihabudin, S., Winarno, B. (2019). Status Kepemilikan Saham Hasil Pembatalan Penggabungan Perseroan Terbatas oleh Komisi Pengawas Persaingan Usaha. Jurnal Cakrawala Hukum, 10(1), 9-17. doi:https://doi.org/10.26905/idjch.v10i1.2609
Eksistensi Digital Evidence dalam Hukum Acara Perdata Nurfauzah Maulidiyah; Yustria Novi Satriana
Jurnal Cakrawala Hukum Vol 10, No 1 (2019): June 2019
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v10i1.2616

Abstract

Electronic Evidence Tools can be presented at the hearing as valid evidence and have been regulated separately in the ITE Law. However, in the Civil Procedure Law the formal legality has not been regulated how to show. Formulation of the problems raised in this writing (1) How is the legal certainty of the Electronic Evidence in the Civil Procedure Code; (2) What is the ideal arrangement regarding Electronic Evidence Tools in Civil Procedure Code; The first discussion is that Article 5 Paragraph (1) and (2) of Law No. 19 of 2016 concerning Information and Electronic Transactions (UU ITE) which only provides legal certainty to the extent of the recognition of the existence of Electronic Evidence Tools as valid evidence. There must be an ideal arrangement regarding the Electronic Evidence Tool in the Civil Procedure Code to ensure the legal certainty of the procedure for submission and enforcement is: first, with a mechanism for renewing the HIR and RBg. Second, the party that has the authority to stipulate a Circular of the Supreme Court on how the parties know and see the Electronic Evidence Tool and the procedure for submitting Electronic Evidence Tools.How to cite item: Maulidiyah, N., Satriana, Y. (2019). Eksistensi Digital Evidence dalam Hukum Acara Perdata. Jurnal Cakrawala Hukum, 10(1), 69-76. doi:https://doi.org/10.26905/idjch.v10i1.2616
Perlindungan Hukum Terhadap Tata Penglolaan Air di Indonesia Galih Puji Mulyono
Jurnal Cakrawala Hukum Vol 10, No 1 (2019): June 2019
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v10i1.3292

Abstract

This study examines the policy of legal protection of water resources in Indonesia. Legal protection of water resources is important as a rule and guidelines for human behavior as the purpose of the law to regulate public order. Legal developments regarding water resources need to be updated following the development of the community, so that the creation of legal protection for water resources can have an impact on water conservation in Indonesia. This type of legal research in writing this thesis is normative (doctrinal). The method used is a) Approach to the Law; b) Conceptual Approach; c) Comparison Approach. The results of the discussion in the form of the role of the private sector in the management of natural resources are based on the assumption of the importance of economic growth through market mechanisms in water allocation, and the importance of the role of the private sector in making investments related to the development of natural resources. England is a country famous for its prowess in the field of water management. Even the UK is a water distributor for countries that lack water such as Singapore. British water management is indeed different from Indonesia. UK water regulation uses a water privatization system.How to cite item: Mulyono, G. (2019). Perlindungan Hukum Terhadap Tata Penglolaan Air di Indonesia. Jurnal Cakrawala Hukum, 10(1), 18-29. doi:https://doi.org/10.26905/idjch.v10i1.3292
Keabsahan Surat Keputusan Gubernur Jawa Tengah Pasca Putusan Mahkamah Agung Tentang Penambangan Pabrik Semen Zainuddin Amriti Albar
Jurnal Cakrawala Hukum Vol 10, No 1 (2019): June 2019
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v10i1.3117

Abstract

This study aims to examine the validity of the Central Java Governor Decree Number 660.1 / 6 of 2017 concerning permits for the construction and mining of cement factories after the cancellation of the previous Governor’s Decree by the Supreme Court Number 99 PK / TUN / 2016. The Supreme Court overturned the construction and mining of cement factories because they had a negative impact on the environment. Mining of cement plants in the Rembang area is declared not in accordance with the environmental impact analysis because in the mining area of the cement plant there is a Groundwater Basin whose preservation is protected by law. This research includes the type of normative research. The research that has been carried out has been obtained that substantially the Central Java Governor Decree Number 660.1 / 6 of 2017 was declared invalid even though on the grounds that there was an improvement in the EIA because of the Supreme Court’s decision as the highest court that every decision could not be contested. However, the suggestion should be that the contents of the Supreme Court’s ruling did not lead to the perception that the development was continued by changing the EIA.How to cite item: Albar, Z. (2019). Keabsahan Surat Keputusan Gubernur Jawa Tengah Pasca Putusan Mahkamah Agung Tentang Penambangan Pabrik Semen. Jurnal Cakrawala Hukum, 10(1), 107-117. doi:https://doi.org/10.26905/idjch.v10i1.3117
Pertanggungjawaban Pidana Terhadap Perusahaan yang Lalai Mendaftarkan Pekerjanya Sebagai Peserta BPJS Ketenagakerjaan Indrawati Indrawati; Tumiar Rohana Simanjuntak
Jurnal Cakrawala Hukum Vol 10, No 1 (2019): June 2019
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v10i1.3180

Abstract

This study discusses criminal liability towards companies that fail to register their workers as participating BPJS workers. Social security is very important for all Indonesian workers to have because socioeconomic risks can occur to anyone, anywhere and to anyone. The type of legal research used in this study is normative research. Results and discussion of research conducted where PT. This True Farmer Initiative has made a mistake in the form of negligence or negligence from the company that does not pay BPJS Employment contributions to workers and there are some workers who are not registered as BPJS Employment participants. This has been received by a court ruling punishing the company which resulted in the rights of the workers who could not be fulfilled. Seeing the decision that has been determined by the judge there is no criminal sentence, the judge’s decision does not provide a deterrent effect on the company. The provisions of the BPJS Employment Act currently added the application of imprisonment sanctions, so that in the future it can provide a deterrent effect on companies that fail to register their workers as BPJS Employment participants.How to cite item: Indrawati, I., Simanjuntak, T. (2019). Pertanggungjawaban Pidana Terhadap Perusahaan yang Lalai Mendaftarkan Pekerjanya Sebagai Peserta BPJS Ketenagakerjaan. Jurnal Cakrawala Hukum, 10(1), 50-57. doi:https://doi.org/10.26905/idjch.v10i1.3180
Dinamika Pemilihan Kepala Daerah Berdasarkan Peraturan Perundang–Undangan di Indonesia Husein Muslimin
Jurnal Cakrawala Hukum Vol 10, No 1 (2019): June 2019
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v10i1.3187

Abstract

Direct regional head election, with Law Number 32 Year 2004 the regional head election starts from the determination of candidates proposed by political parties or a combination of political parties in pairs with their representative candidates to be elected directly by the people in the area concerned. The counting system is considered to be less representative because of the candidate’s dependence on the party or party combination, then through Law Number 12 Year 2008 as the second amendment to Law Number 32 Year 2004 provides the opportunity for candidate pairs from individuals with certain conditions, this system requires large costs and drains ‘energy, money politics also occur even bigger because the target is the people as voters. Weaknesses in the law are then sought to be overcome through Law Number 8 of 2015 by determining one round of elections, the prohibition of political parties or a combination of political parties to accept all the dowry from the candidate pairs promoted, and the conception of regional head elections simultaneously nationally.How to cite item: Muslimin, H. (2019). Dinamika Pemilihan Kepala Daerah Berdasarkan Peraturan Perundang–Undangan di Indonesia. Jurnal Cakrawala Hukum, 10(1), 40-49. doi:https://doi.org/10.26905/idjch.v10i1.3187

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