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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 7 Documents
 1 
Search results for , issue "Vol 11, No 3 (2020): December 2020" : 7 Documents clear
Criminal act provision of psychic violence on wife in household scope Sri Nurfadillah DH Pasha; Muhadar Muhadar; Haeranah Haeranah
Jurnal Cakrawala Hukum Vol 11, No 3 (2020): December 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v11i3.4248

Abstract

Psychological violence in household matters is violence that attacks the psychologicalvictim so that it can cause mild to severe psychiatric disorders. In the process ofproving it needed help from experts. This research is a sociological juridical studyand data analysis used in this study is qualitative data analysis. The results of thisstudy show that the process of proof of psychological violence within the scope of thehousehold must include the Visum et Repertum Psychiatricum made by the psychiatristand his examination team in order to assist the prosecutor to make theindictment and judge in making the fairest decision. The inhibiting factor in the process of proving psychological violence in the household is that no physical evidencecan be found in the victim, other witnesses who sometimes refuse to testifybecause they do not want to interfere in other people’s household affairs, there is along period of time between the incident and the post mortem examination, so theresults of the post mortem become less accurate, and the victim does not continue thelegal process.How to cite item: DH Pasha, S., Muhadar, M., Haeranah, H. (2020). Criminal act provision of psychic violenceon wife in household scope. Jurnal Cakrawala Hukum, 11(3). 341-350. doi:10.26905/idjch.v11i3.4248.
Legal assistance agencies for children as criminal action victims in criminal justice processes Dewi Athirah Aksan; M Said Karim; Abd Asis
Jurnal Cakrawala Hukum Vol 11, No 3 (2020): December 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v11i3.4249

Abstract

Children who need special protection if they are in an environment full of violence or tend not to care. The legal aspects of child protection need to be considered because legal protection of children and juvenile justice is one way to protect children in their future growth. Cases of violence against children are rife in Indonesia, namely acts of violence such as abuse, harassment and acts of sexual violence. This type of research is normative-empirical legal research at the Makassar Legal Aid Institute, the Indonesian Women's Association for Legal Assistance for Makassar Justice, the HARS Legal Aid Institute, and the Law Faculty Consultation and Legal Aid Unit at Hasanuddin University. The data source of this research is primary data from interviews and secondary data from literature studies, namely collecting data and legislation, books of scientific work, and opinions of experts. The study uses quantitative data analysis by combining secondary data obtained from literature. The results of this study concerning the forms of legal aid provided by LBH for children as victims included sociological assistance, monitoring of hearings in the court, and diversion assistance. While the optimization of services provided by LBH in handling children dealing with the law in this case the victim's child has not been effective.How to cite item: Aksan, D., Karim, M., Asis, A. (2020). Legal assistance agencies for children as criminal action victims in criminal justice processes. Jurnal Cakrawala Hukum,11(3). 313-322. doi:10.26905/idjch.v11i3.4249.
Prinsip moralitas merek dalam undang-undang nomor 20 tahun 2016 tentang Merek dan Indikasi Geografis Sulthon Miladiyanto; Ariyanti Ariyanti
Jurnal Cakrawala Hukum Vol 11, No 3 (2020): December 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v11i3.5022

Abstract

The responsibility of the state cannot maintain the morality of the people, one ofwhich is by providing signs in making trademarks for goods and services. Legalresearch with a philosophical approach to get the meaning of Brand must not conflictwith the prevailing morality in society. A moral brand is a brand that limitssociety which is universal regarding the pros and cons of an act of both ratio andtracendetal involving the goal.How to cite item: Miladiyanto, S., Ariyanti, A.(2020). Perinsip moralitas merek dalam undang-undang nomor 20 tahun 2016 tentangMerek dan Indikasi Geografis. Jurnal Cakrawala Hukum, 11(3).,241-249. doi:10.26905/idjch.v11i2.5022.
Sistem "full pre trial disclosure" dalam penegakan asas peradilan sederhana, cepat, dan biaya ringan Wika Yudha Shanty
Jurnal Cakrawala Hukum Vol 11, No 3 (2020): December 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v11i3.5473

Abstract

Legal principles as basic norms are described as the basis / general guidelines forpositive law / applicable law. One of the legal principle problems that will be discussedby researchers in this research is about the application of principles that arenot in accordance with the reality that occurs in court. There are too many formalitiesthat are difficult to understand, and the rules are not clear, which allows for multiple interpretations and results in fear of proceeding in court. Too many formalitiesare an obstacle to the running of the courts. In this case the problem is notonly in the examination at trial, but also in the settlement of the examination reportat the trial until the signing of the decision by the judge and its implementation. Itoften happens that a case is delayed for years because the witnesses do not come, orthe parties in turn do not come or decide to withdraw from the case. In fact, there areseveral cases that were continued by their heirs. Meanwhile, in terms of costs incourt, the high court costs will cause interested parties to think again and againabout filing a claim to court. Based on this, it can be concluded that the speed withwhich the trial runs will increase the court’s authority and increase public confidencein the court.How to cite item: Shanty, W. Y. (2020). Sistem“full pre trial disclosure” dalam penegakan asas peradilan sederhana, cepat, dan biaya ringan. Jurnal Cakrawala Hukum, 11(3). 271-281. doi:10.26905/idjch.v11i3.5473.
Ekonomi Indonesia dalam perspektif hukum berkeadilan Riski Febria Nurita; La Rian Hidayat
Jurnal Cakrawala Hukum Vol 11, No 3 (2020): December 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v11i3.5474

Abstract

Indonesia’s development is an effort continuous projects in an effort to create anindonesian society just and prosperous based on pancasila and constitution of therepublic of indonesia 1945.Pancasila come fifth “social justice for all people ofindonesia” is soul philosophical of article 33 constitution nri 1945.Is the principlethat strong hold by come fifth pancasila related to the concept of justice in to createa prosperous for all people of indonesia. Meanwhile in the article 33 of the indonesianconstitution nri 1945 of the republic of indonesia have arranged for about of thenational economy system and social welfare .Turn of thought and is ideas come through me from the founders of the nation in article 33 is close they can tracedthrough the study of judicial political .The most number of pancasila economic is asystem a different economy with sitem a capitalist economy .The economic system isthe most number of pancasila the economic system of being imbued by the ideologyof the most number of pancasila , i e the system degenerative brain malady that iseconomic joint business that evenly distributed the kinsfolk and mutual cooperationnational level to social realize the manifestation of justice for all people of Indonesia.How to cite item: Nurita, R., Hidayat, L. (2020). Ekonomi Indonesia dalam perspektif hukum berkeadilan. Jurnal Cakrawala Hukum, 11(3).259-270. doi:10.26905/idjch.v11i3.5474.
Kedudukan hukum dan hak waris anak hasil inseminasi buatan dari ayah yang telah meninggal Cindy Olivia Susanto; Siti Hamidah Siti Hamidah; Rachmi Sulistyarini Rachmi Sulistyarini
Jurnal Cakrawala Hukum Vol 11, No 3 (2020): December 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v11i3.5475

Abstract

This research aims to analyze Artificial Insemination Children’s Standing anddiscover Their Hereditary Right from a Deceased Father viewed in Indonesia’sPositive Law. Judgment will affect to whether artificial insemination from the deceasedhusband’s sperm can be performed or not. Further, the judgment that decidethe artificial insemination can be performed will affect children’s standing from adeceased father. If the children are born alive, then the standing is legal based on Article 250 of Civil Code, Islamic Law (Sharia law), and customary law. In addition,customary law claims the standing as adopt them on culture. Artificial inseminationchildren’s hereditary right from a deceased father has the right to inherit (asheir).How to cite item: Susanto, C., Siti Hamidah, S., Rachmi Sulistyarini, R. (2020). Kedudukan hukum dan hak waris anak hasil inseminasi buatan dari ayah yang telah meninggal. Jurnal Cakrawala Hukum, 11(3). 302-312.doi:10.26905/idjch.v11i3.5475.
Aspek hukum pidana cyberbullying di media sosial Hatarto Pakpahan
Jurnal Cakrawala Hukum Vol 11, No 3 (2020): December 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v11i3.5718

Abstract

The current development of information technology has led to the increasinglyintense use of social media. However, the use of social media certainly raises bothpositive and negative sides. The use of social media in positive terms will greatlyhelp users to facilitate work activities and in terms of obtaining the desired informationor data. However, misuse of social media that causes harm to others, such as theact of “Bully” which causes the impact of the loss as a result of this action to othersis a form of cyber bullying. The method used in this paper is descriptive normativelegal research. In a related article, it presents an overview regarding the legal aspectsof cyber bullying and also the correlation between cyber bullying and socialmedia. Such acts of “bullying” conventionally and attacking the good name orhonor of others, including those expressed in public, can be punishable by the provisionsof the Criminal Code. The act of “Bully” which is carried out in cyberspace byusing the internet network (online) is charged with violating decency, insults, extortionor threats and also “Bully” in the form of electronic information on socialmedia that contains threats of violence or in the form of personal frightening arethreatened by article 29 in conjunction with Article 45B of Law of the Republic ofIndonesia No. 19 of 2016 amendments to the Law of the Republic of Indonesia No.11 of 2008 concerning ITE.How to cite item: Pakpahan, H. (2020). Aspek hukum pidana cyberbullying dimedia sosial. Jurnal Cakrawala Hukum, 11(3). 250-258. doi:10.26905/idjch.v11i3.5718.

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