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INDONESIA
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 11, No 2 (2020): August 2020" : 8 Documents clear
Politik hukum dalam pembentukan undang-undang Republik Indonesia nomor 18 Tahun 2019 tentang pesantren Nisan Rolan Wijaya; Tangkas Hadi Perwira; Rahman Syawal Rusman
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.v11i2.3867

Abstract

Political of Law covers the creation and implementation of the law to be built and enforced. Legal politics are found in the process of political decision making. Political decisions relating to basic principles, other policies and regulations include the field of religious education. Nevertheless, legal politics is a means used by the state to create a national legal system, where the legal system is expected to realizing the ideals of the nation that is contained in the Constitution of the year 1945 where One is to educate the life of the nation, including this is the legal politics of the establishment of law on Pesantren. The legal determination of the Pesantren has a strong philosophical, sociological and juridical policy that can be accounted for, it proves that the Pesantren has grown and developed in the community in an effort to improve Faith and Piety and Akhlakul Karimah with his trademark has been instrumental in realizing Islam to be a blessing for all nature, which proved to have a concrete role in the struggle to realize the independent Indonesia and participate in National development of the Republic of Indonesia.How to cite item: Wijaya, N., Perwira, T., Rusman, R. (2020). Politik hukum dalam pembentukan undang-undang Republik Indonesia nomor 18 Tahun 2019 tentang pesantren. Jurnal Cakrawala Hukum, 11(2), 194-201. doi:https://doi.org/10.26905/idjch.v11i2.3867
Legal responsibility upon the negligence of entrepreneurs in registering their labors as the member of BPJS ketenagakerjaan Sujana Donandi Sinuraya
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.v11i2.4042

Abstract

Government have mandated the entrepreneurs to register their labors as the member of BPJS Ketenagakerjaan in accordance to the  Law Number 24 Year 2011 regarding ‘Badan Penyelenggara Jaminan Sosial’ (BPJS)/ UU BPJS. In fact, Many labors are not registered. In Kabupaten Bekasi, 30 percents of the total labors are not registered. This research tries to examine the legal consequences upon the negligence of the entrepreneurs in Kabupaten Bekasi in  registering their labors as the member of BPJS Ketenagakerjaan. This research also aims to examine the legal responsibility of the entrepreneurs in Kabupaten Bekasi towards their unregistered labors. The research methodology is Normative-Empirical Legal Research. The result shows that the legal consequences of the negligence of the entrepreneurs in Kabupaten Bekasi in registering their labor to   BPJS Ketenagakerjaan is that the entrepreneurs could be punished with administrative sanction such as written reprimand, fine, and or prohibitation to access a certain public service. Meanwhile, legal responsibility of the entrepreneurs in Kabupaten Bekasi towards their labor appears in form of civil compensation. In case the dispute would be settled in Industrial Court, then the judges could sentenced the entrepreneurs to register their labor as the member of BPJS Ketenagakerjaan.How to cite item: Sinuraya, S. (2020). Legal responsibility upon the negligence of entrepreneurs in registering their labors as the member of BPJS ketenagakerjaan. Jurnal Cakrawala Hukum, 11(2), 222-230. doi:https://doi.org/10.26905/idjch.v11i2.4042
Hak paten sebagai objek jaminan fidusia berdasarkan peraturan perundang-undangan mengenai jaminan fidusia dan paten Herda Mardiana; Muhamad Amirulloh; Pupung Faisal
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.v11i2.4094

Abstract

The issuance of the latest law regarding patent rights is Law Number 13 Year 2016 Regarding Patents which in article 108 paragraph (1) states that Patent Rights can be used as objects of fiduciary security. Fiduciary guarantees of patents will follow the procedures set out in Law Number 42 year 1999 regarding Fiduciary Guarantees. Patents have fulfilled the requirements specified in Article 1 point 2 of the Fiduciary Guarantee Law, but in practice until now the financial institutions in Indonesia have not received patents as objects of fiduciary collateral in filing bank loans. Normative-juridical approach methodsis used in this research, with descriptive-analytical research spesifications aimed at consideringrelation between applicable legislation and theories with the practice of implementation concerning the problems studied. Data technique used in this research is analyzed by using normative-qualitative method. The results of the study state that until now financial institutions in Indonesia have not yet received patents as fiduciary guarantees because peten rights as fiduciary guarantees have not received legal certainty because the formulation of the norms contained in Article 108 paragraph (1) of the Patent Law only regulates and does not compel.How to cite item: Mardiana, H., Amirulloh, M., Faisal, P. (2020). Hak paten sebagai objek jaminan fidusia berdasarkan peraturan perundang-undangan mengenai jaminan fidusia dan paten. Jurnal Cakrawala Hukum, 11(2), 177-186. doi:https://doi.org/10.26905/idjch.v11i2.4094
Pengaturan asas keterbukaan dalam pembentukan undang-undang Angga Prastyo; Samsul Wahidin; Supriyadi Supriyadi
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.v11i2.4136

Abstract

This legal research is based on the focus of the problem regarding the Regulation of the Principle of Openness of Law Formation in Indonesian Positive Law, and the Regulation of the Principle of Openness of Correct Formation of Laws in Indonesian Positive Law. This research includes normative legal research with a statutory approach and in the analysis of legal materials using qualitative descriptive techniques. Based on the results of research and analysis of problems in this study, it is concluded that the Regulation of the Principle of Openness of Law Formation in Indonesian Positive Law contains provisions that underlie the availability of information on the implementation of Law Formation for all elements of society, but not as a whole, and the Regulation of the Principle of Openness In the Formation of Laws in accordance with the Positive Law of Indonesia are the arrangements that underlie the availability of information on the Formation of Laws that are disseminated and conveyed transparently to the public, as well as the widest possible opportunity for all elements of society to provide input in the Formation of Laws in accordance with with the Principles of Formation of Laws and General Principles of Good Governance.How to cite item: Prastyo, A., Wahidin, S., Supriyadi, S. (2020). Pengaturan asas keterbukaan dalam pembentukan undang-undang. Jurnal Cakrawala Hukum, 11(2), 125-135. doi:https://doi.org/10.26905/idjch.v11i2.4136
Batasan pertanggungjawaban pidana koperasi atas tidak berwenangnya debitur terhadap barang gadainya Hartarto Pakpahan
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.v11i2.4395

Abstract

In the practice of credit services distributed by cooperatives to members as well as to the community, cooperatives typically require a special guarantee in the form of movable objects (pawning) with the intention, if the debtor defaults on his credit, the creditor can take repayment of the right of collection from the pledge object. In practice it also turns out that often the debtor is not authorized to pledge mortgages as collateral for loans to the pawnshop cooperative as the creditor. Debtor is not authorized for these pawns usually because the pawned item is a loan item (belonging to a third party), that is, the safekeeping item or even the pawning item is the result of theft / confiscation / crime (obtained by illegal means) so that the cooperative that receives the item as collateral for credit, become involved in a legal problem, namely criminal offense as referred to in Article 480 of the Criminal Code. Whereas on the other hand there are weaknesses on the evidence of ownership of a movable object which is the object of a pledge, that is as stipulated in article 1977 of the Indonesian Civil Code which states "who controls the movable object is considered to be the owner." Cooperative criminal liability for the pledge that he receives when the pawning goods provided by the debtor are obtained in an illegal manner.How to cite item: Pakpahan, H. (2020). Batasan pertanggungjawaban pidana koperasi atas tidak berwenangnya debitur terhadap barang gadainya. Jurnal Cakrawala Hukum, 11(2), 166-176. doi:https://doi.org/10.26905/idjch.v11i2.4395
Kepatuhan bank syariah di Indonesia dalam menjalankan kegiatan usahanya terhadap ketentuan syariah compliance Mohammad Ghufron Az
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.v11i2.4396

Abstract

The focus of this research is on the compliance of Islamic banks in Indonesia in carrying out their business activities to the provisions of sharia compliance. The main objective of this research is to analyze the compliance of Islamic banks in Indonesia in carrying out their business activities against the provisions of sharia compliance as stipulated in the law on Islamic banking. The normative juridical approach and the empirical juridical approach were used in this study. The result of the research shows that in formal juridical terms it has been regulated in the law concerning Islamic Banking that in its operations, Islamic banks must continue to carry out Islamic principles as a whole (kaffah) and consistently (Istiqamah). The principle of prudence Sharia banks must deviate from the sharia principles that should be adhered to. As in the Mudharabah and Musyarakah Agreements, according to sharia principles, Islamic banks are not allowed to require collateral, because with the guarantee conditions the Mudharabah and Musyarakah agreements become null and void by law. If there is no guarantee, then the protection for the bank is very weak because there will be a lot of bad financing that will eventually harm the people who deposit funds in Islamic banks. Guarantee in the Mudharabah and Musyarakah agreements to prevent non-performing financing and in order to protect the people who deposit funds.How to cite item: Ghufron Az, M. (2020). Kepatuhan bank syariah di Indonesia dalam menjalankan kegiatan usahanya terhadap ketentuan syariah compliance. Jurnal Cakrawala Hukum, 11(2), 187-193. doi:https://doi.org/10.26905/idjch.v11i2.4396
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
Pemberian sanksi bagi notaris yang melakukan publikasi atau promosi diri di media cetak maupun media elektronik Fadhil Fahmi; Nurini Aprlianda; Dyah Aju Wisnuwardhani
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.v11i2.4450

Abstract

Notary is a general official who in carrying out his duty must follow the rules that exist in the form of law of the notary department and the profession Ethics notary. In writing this thesis the author raises the title of meaning of publication or promotion for the notary in the form of advertisements in print Media and electronic Media set in the notary code of conduct. In this research the author raises two cases of problems which consist of (1) whether the granting of sanctions in the notary code of ethics reflects the justice for the notary who conducts the publication or promotion in the print media or electronic media.In research to aim to provide explanation about the sanction of sanctions for notary public who conduct publication or self-promotion in print media and electronic Media which are reviewed from the principle of legal justice.From the results of this study refers to the granting of sanctions for notarized publications or self-promotion in printed media and electronic media that is reviewed from the legal justice principles contained in the notary Code of Ethics: which can not be said Fulfilling the legal justice element because the notary code itself is still considered too rigid for the development of the era and can not accommodate or follow the technological developments are very high and fast.How to cite item: Fahmi, F., Aprlianda, N., Wisnuwardhani, D. (2020). Pemberian sanksi bagi notaris yang melakukan publikasi atau promosi diri di media cetak maupun media elektronik. Jurnal Cakrawala Hukum, 11(2), 157-165. doi:https://doi.org/10.26905/idjch.v11i2.4450

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