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Jurnal Cakrawala Hukum
Published by Universitas Merdeka Malang
ISSN : 23564962     EISSN : 25986538     DOI : https://doi.org/10.26905/idjch
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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 8 Documents
 1 
Search results for , issue "Vol 10, No 2 (2019): December 2019" : 8 Documents clear
Perbandingan Perlindungan Data Pribadi Indonesia dan Malaysia Muhammad Saiful Rizal
Jurnal Cakrawala Hukum Vol 10, No 2 (2019): December 2019
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v10i2.3349

Abstract

The vibrant development of information technology in the business world eliminates the barriers to one's privacy that must be protected. Private data can be accessed by the private sector until it is traded as a field for profit. This results in legal uncertainty to the public regarding the legal protection of personal data managed by the government. This study aims to determine the comparison of personal data protection between Indonesia and Malaysia. This research is a normative legal research, with a legislative approach and a comparative approach. The results of this study are the need for regulations governing the protection of personal data in Indonesia as the Personal Data Protection Act in Malaysia which regulates the choices, goals and limitations in using personal data of the public so that it will avoid abuse or violate the user's privacy rights. And the use of personal data between countries that already have personal data protection laws.How to cite item: Rizal, M. (2019). Perbandingan Perlindungan Data Pribadi Indonesia dan Malaysia. Jurnal Cakrawala Hukum, 10(2), 218-227. doi:https://doi.org/10.26905/idjch.v10i2.3349
Kedudukan Hak Konsumen dalam Memperoleh Informasi yang Jujur terhadap Produk Makanan dan Minuman Bambang Satriya
Jurnal Cakrawala Hukum Vol 10, No 2 (2019): December 2019
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v10i2.3369

Abstract

Consumers have several rights which are arranged in Indonesia’s rules of law. One of the rights is the right to honest information towards the products which are going to be used or consumed. This is a juridical normative research implementing rules of law and conceptional approach whose legal materials are primary, secondary, tertiary materials. Results of the research show that juridical protection as an existence of consumers’ rights in obtaining honest information towards particular food and beverages they should have had is still an unreachable right. This occurs because several findings indicate that many producers or businesses in several levels including local, national, and global violate juridical norms. Consumers whose positions are potential and strong juridically could still become theinjured party or become the target to reach and fulfil the profit as much as possible. As a result, fromthis violated information rights, other consumers’ rights such as health and safety are automatically neglected. In this domain, consumers become the casualties or become the object of cumulative human rights violation.How to cite item : Satriya, B. (2019). Kedudukan Hak Konsumen dalam Memperoleh Informasi yang Jujur terhadap Produk Makanan dan Minuman. Jurnal Cakrawala Hukum, 10(2), 137-145. doi:https://doi.org/10.26905/idjch.v10i2.3369 
Politik Hukum Kerja Sama Penelitian Asing di Indonesia Nanda Dwi Rizkia; Isis Ikhwansyah; Agus Darmawan
Jurnal Cakrawala Hukum Vol 10, No 2 (2019): December 2019
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v10i2.3337

Abstract

This study will analyze the law of the political law of research cooperation in Indonesia. The advice used is normative law, to find the rule of law, legal principles, and legal doctrines in responding to the legal issues that are discussed and are happening now. In this case the author is expected to consider the political role of national legal development law in Indonesia which cannot be covered by historical context. Throughout history the Republic of Indonesia has made political changes in the period of the political system as well as the rapid development of science and technology, so that through cooperation with countries abroad is expected to be able to improve the quality of research and publication of research results of Indonesian researchers in journals scientifically reputed internationally.How to cite item: Rizkia, N., Ikhwansyah, I., Darmawan, A. (2019). Politik Hukum Kerja Sama Penelitian Asing di Indonesia. Jurnal Cakrawala Hukum, 10(2), 198-208. doi:https://doi.org/10.26905/idjch.v10i2.3337 
Penegakan Hukum Pidana Perusahaan yang Tidak Memenuhi Kewajibannya dalam Program Badan Penyelenggara Jaminan Sosial Didik Lestariyono; Bambang Sugiri; Rachmad Safa'at
Jurnal Cakrawala Hukum Vol 10, No 2 (2019): December 2019
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v10i2.3225

Abstract

There is a gap between das sollen and das sein. Das sollen (legal regulations) in Article 19 paragraph (1) and paragraph (2) jo. Article 55 of the BPJS Law provides criminal sanctions to companies that do not pay BPJS contributions to their workers. However, das sein (in fact / events that occur in the community) companies are not subject to criminal sanctions even though the criminal elements in the BPJS Law have been fulfilled. This study uses an empirical juridical method with a sociological juridical approach. The conclusions of this study are 1) Factors that cause companies not fulfilling their obligations as participants in the program due to the company's lack of discipline in managing finances which should be used as contributions to BPJS program workers and because the relevant stakeholders only provide administrative sanctions to companies. 2) The legal implication for companies is that they are subject to administrative sanctions. 3) Law enforcement efforts carried out by law enforcement officers against companies that do not fulfill their obligations in the BPJS program in Malang Regency are the imposition of criminal sanctions.How to cite item: Lestariyono, D., Sugiri, B., Safa'at, R. (2019). Penegakan Hukum Pidana Perusahaan yang Tidak Memenuhi Kewajibannya dalam Program Badan Penyelenggara Jaminan Sosial. Jurnal Cakrawala Hukum, 10(2), 156-165. doi:https://doi.org/10.26905/idjch.v10i2.3225
Upaya Hukum untuk Menjerat Tindakan Pelakor dalam Perspektif Hukum Adat Dayak Ngaju Putri Fransiska Purnama Pratiwi; Suprayitno Suprayitno; Triyani Triyani
Jurnal Cakrawala Hukum Vol 10, No 2 (2019): December 2019
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v10i2.3469

Abstract

The problem that occurs is a legal vacuum regarding the regulation of sanctions that can be imposed on women who dare to tempt married men (Pelakor) through national law. In Dayak indigenous people in Central Kalimantan, the Dayak Customary Law is enforced firmly, but is still not widely known. This research uses a type of qualitative empirical research, conducted by visiting the Kedamangan Institutions in Central Kalimantan and Dayak Customary Council (DAD) in Central Kalimantan. It can complement the national legal effort before the national legal implementation of RUU KUHP for Dayak Ngaju community in Central Kalimantan. The legal effort taken to ensnare the cheating woman’s action is the challenge of oath that is the most serious legal effort that can be conducted by the indigenous people of Dayak Ngaju tribe. They believe that the oath pronounced during the Basara Adat will be seriously for those who dare to lie.They might have a short life, no fortune and suffer from continuing illness for themselves and their descendants and siblings. Dayak Ngaju’s custom sanctions imposed for Pelakor is to pay twice the value of the customary marriage (dowry) of a man he arrogated to pay shame compensation for the woman's wife's legal family, pay compensation for the marriage costs for the legal wife and pay for the party peace.How to cite item: Pratiwi, P., Suprayitno, S., Triyani, T. (2019). Upaya Hukum untuk Menjerat Tindakan Pelakor dalam Perspektif Hukum Adat Dayak Ngaju. Jurnal Cakrawala Hukum, 10(2), 209-217. doi:https://doi.org/10.26905/idjch.v10i2.3469
Contradictory Impartiality Principle in the Supervisory System of Constitutional Court Judges Ali Prakosa; Pompy Polansky Alanda; Nurul Istianah; Luthcas Rohman
Jurnal Cakrawala Hukum Vol 10, No 2 (2019): December 2019
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v10i2.3470

Abstract

The Constitutional Court (MK) through Its Verdict No.  1-2 / PUU-XII / 2014 substantially causes a legal vacuum (rechtsvacum) serving as the basis for the constitutional judge's external supervisory body.  Besides that, with the application of the Constitutional Court's supervisory system through the Ethics Council and the Constitutional Court Honorary Council (MKMK) is considered to have deviated the principle of nemo judex idoneus in propria causa because one of the members of the MKMK was a constitutional judge, means hearing his own case.  The research method used is the normative legal research method with the statue approach and conceptual approach. Supervision of Constitutional Court judges requires Reinventing (legal reform) by involving members of the Supreme Court and members of the House of Representatives as members of the Ethics Council and replacing one Constitutional Judge with one former Supreme Court Judge.  The supervision change of the Constitutional Court judges is aimed to increase the authority of the Constitutional Court and to hold the principle of impartiality.How to cite item: Prakosa, A., Alanda, P., Istianah, N., Rohman, L. (2019). Contradictory Impartiality Principle in the Supervisory System of Constitutional Court Judges. Jurnal Cakrawala Hukum, 10(2), 117-125. doi:https://doi.org/10.26905/idjch.v10i2.3470 
Implementasi Bimbingan Terhadap Anak yang Memperoleh Pembebasan Bersyarat Hartarto Pakpahan; Endah Sasmita
Jurnal Cakrawala Hukum Vol 10, No 2 (2019): December 2019
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v10i2.3542

Abstract

Children who have served a criminal period for a crime committed are entitled to get parole. The research method is sociological juridical that is identifying and conceptualizing the law of how in its application in people's lives. Data collection was carried out by interviewing BAPAS Class I Malang official informants and observing by taking data needed at the research site. The results of the study showed that the way of guidance carried out by BAPAS Class I Malang, namely: that children are required to come to Bapas for counseling and home visits for supervision. In the implementation of the guidance BAPAS Malang experienced several obstacles to the client, namely: the economic factors of the client so that he could not routinely come to Bapas so that Bapas tried to provide guidance on counseling the child through communication tools in the form of telephone, and biala there were more budget funds so Bapas did a home visit to the client's place.How to cite item: Pakpahan, H., Sasmita, E. (2019). Implementasi Bimbingan Terhadap Anak yang Memperoleh Pembebasan Bersyarat. Jurnal Cakrawala Hukum, 10(2), 166-176. doi:https://doi.org/10.26905/idjch.v10i2.3542
Asas Keseimbangan dalam Pelaksanaan Perjanjian Anjak Piutang (Factoring) Dewi Astutty Mochtar
Jurnal Cakrawala Hukum Vol 10, No 2 (2019): December 2019
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v10i2.3558

Abstract

The principle of equilibrium contains a hope of achieving equilibrium included in an agreement or business contract, where the interests of the individual are guaranteed by objective law, in carrying out the agreement there must be a balance of rights and obligations of each party in accordance with the agreement. So far the implementation of factoring agreement refers to article 1338 of the Civil Code following the principle of freedom to make a contract, and if there are problems arising from this institution, legal settlement is possible through a court or through arbitration. It depends on the agreement made by the parties involved. The results showed that the nature of the legal relationship between factor and client is the nature of the legal relationship in the form of a loan agreement, and the fact that the principle of balance does not apply to factoring agreements, this is due to the format and content of the agreement unilaterally determined by factoring , and cannot be negotiated again by the debtor. As a result, the debtor's position is very weak compared to the creditor's position. To realize the principle of balance requires efforts from the government in the form of laws governing the basic rules that must be considered by the parties who wish to enter into factoring agreements.How to cite item: Mochtar, D. (2019). Asas Keseimbangan dalam Pelaksanaan Perjanjian Anjak Piutang (Factoring). Jurnal Cakrawala Hukum, 10(2), 146-155. doi:https://doi.org/10.26905/idjch.v10i2.3558 

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