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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 12 Documents
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Search results for , issue "Vol 12, No 1 (2021): April 2021" : 12 Documents clear
Penerаpаn аsаs-аsаs umum pemerintаhаn yаng bаik dаlаm penyelesаiаn sengketа tanah hak milik Dita Ernanda; Istislam Istislam; Yuliati Yuliati
Jurnal Cakrawala Hukum Vol 12, No 1 (2021): April 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i1.4226

Abstract

This paper aims to understand the General Principles of Good Governance in the principles used as a reference in the use of authority for Government Officials in issuing decisions and / or actions in government administration. The research method is the juridical empirical method because it examines the implementation of AUPB as one of the bases for testing the validity of government actions, namely the settlement of disputes / conflicts over property rights. Based on the results of the discussion, it is found that government officials or government organizations are obliged to apply this to create justice and welfare in society. Of course this should also be implemented in dispute resolution, particularly land dispute resolution. This research focuses on the application of AUPB in the settlement of land disputes at the Malang City Land Office, because there are still many polemics in its resolution. Fаktor law sebаgаi penghаmbаt dаri terms of legal structure аdаlаh terhаdаp object yаng telаh published suаtu hаk аtаs tаnаh dаn the object sedаng menjаdi object perkаrа in pengаdilаn dаn BPN menjаdi pihаk dаlаm perkаrа, terkаit CTF SKP yаng telаh dilаkukаn pengentriаn dаtа mаkа beberаpа pelаyаnаn pendаftаrаn tаnаh аkаn locked / blocked by the system. Non-legal factors as an obstacle to dispute settlement are the parties who are difficult to do to work together in the process of dispute resolution but never lead to zinc resolution.How to cite item: Ernanda, D., Istislam, I., Yuliati, Y. (2021). Penerаpаn аsаs-аsаs umum pemerintаhаn yаng bаik dаlаm penyelesаiаn sengketа tanah hak milik. Jurnal Cakrawala Hukum, 12(1), 32-40. doi:https://doi.org/10.26905/idjch.v12i1.4226
Government’s responsibility towards investor’s loss in toll development on PPP agreements due to delay in land acquisitions Dena Zahra Aulia; An-An Chandrawulan; Purnama Trisnamansyah
Jurnal Cakrawala Hukum Vol 12, No 1 (2021): April 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i1.4337

Abstract

Until now, the slow process of land acquisition in toll road infrastructure development projects is still one of the obstacles to the completion of a infrastructure development project. The delay in the land acquisition process is detrimental to parties involved in PPP, especially investors. This study uses a normative juridical approach with analytical descriptive research specifications. Data collection techniques are carried out by means of literature study to obtain secondary data and interviews to obtain primary data, then the data obtained is  analyzed using qualitative juridical methods, namely by taking inventory, systematically arranging, connecting with each other related to the problems studied with the enactment of the provisions of the regulations. one does not conflict with other regulations. The result of this research is a form of responsibility from the Government due to delays in land acquisition, namely compensation in the form of extension of the concession period on a toll road project with a PPP scheme, and consideration of additional initial tariffs on toll roads based on inflation, capital, construction time and increase. the concession period and also the imposition of fines in a business contract, and the last resort for resolving disputes over the PPP agreement through non-litigation or arbitration institutions based on Presidential Regulation Number 38 of 2015.How to cite item: Aulia, D. Z., Chandrawulan, AA., Trisnamansyah P. (2021). Government’s responsibility towards investor’s loss in toll development on PPP agreements due to delay in landa cquisitions. Jurnal Cakrawala Hukum, 12(1), 21-31.doi:10.26905/idjch.v12i1. 4337.
Upaya administratif dalam penyelesaian sengketa kepegawaian Mochamad Muslich Haji Sodiq
Jurnal Cakrawala Hukum Vol 12, No 1 (2021): April 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i1.4480

Abstract

This paper aims to understand the suitability of the regulations, the implementation of the ASN Law has implications for changing the management paradigm of ASN management. Personnel dispute resolution is one of the things that is of particular concern because of the increasingly complex problems faced. This type of normative legal research uses a statutory approach. Based on the results of the discussion, it was found that administrative efforts were deemed capable of providing answers for the resolution of personnel disputes, but the existing provisions limit the use of these administrative efforts, even though administrative efforts are a reflection of the spirit of deliberation to reach consensus which is characteristic of the Indonesian nation. This study tries to analyze whether administrative efforts in resolving employment disputes are in accordance with legal objectives and whether restrictions on administrative efforts are still relevant at this time. It is hoped that from this research, norm formulations can provide legal certainty in resolving employment disputes. Administrative efforts according to the provisions in the ASN Law are expected to be a solution for the resolution of increasingly complex personnel disputes, but this is contrary to the provisions in the PP on Civil Servant Discipline which limit the use of administrative efforts, so that according to the author it is no longer relevant to be implemented under current conditions.How to cite item: Sodiq, M. M. H. (2021). Upaya administratif dalam penyelesaian sengketake pegawaian. Jurnal Cakrawala Hukum, 12(1). 60-68.doi:10.26905/idjch.v12i1.4480.
Perlindungan terhadap inventor terkait unsur kebaruan paten yang hapus akibat tidak membayar biaya tahunan Moza Ramadhani; Muhamad Amirulloh; Pupung Faisal
Jurnal Cakrawala Hukum Vol 12, No 1 (2021): April 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i1.4717

Abstract

The elimination of a registered patent causes the inventor's exclusive right to use his invention to be lost, it causes losses to the inventor as a result of not being able to reuse the invention. In addition, the inventor also loses economic rights to the patent because he cannot use his invention. The regulation regarding the abolition of patents stipulated in Article 130 letter d of the Patent Law is deemed not to provide adequate protection for inventors. Based on this, the aim of this research is to determine the legal qualifications of the Patents Directorate's actions in consuming registered patents and to determine the legal actions that should be taken by inventors to get their patents back. In research, the method used is normative juridical, and descriptive-analytical research specifications. The aim is to analyze the prevailing laws and regulations and legal theory with practical implementation in reality. Data were collected through literature and field studies, then analyzed using qualitative normative methods. The final result of the research states that the elimination of patents is due to not paying annual fees and making the patent into the public domain as in Article 130 letter d of the Patent Law is against the Alter Ego Principle because the elimination of the patent makes the patent turn into the public domain and shows that the patent has lost its novelty element.How to cite item: Ramadhani, M., Amirulloh, M., Faisal, P. (2021). Perlindungan terhadap inventor terkait unsur kebaruan paten yang hapus akibat tidak membayar biaya tahunan. Jurnal Cakrawala Hukum, 12(1).51-59. doi:10.26905/idjch.v12i1.4717. 
Kajian yuridis pemberian insentif pajak penghasilan pada masa pandemi Covid-19 Sariwati, Retno
Jurnal Cakrawala Hukum Vol 12, No 1 (2021): April 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i1.5722

Abstract

The President of the Republic of Indonesia has officially declared the Covid-19 pandemic a non-natural national disaster. This decision was stated by the President through Presidential Decree No. 12/2020. At the time of this pandemic, taxpayers have the right to get their rights because they have participated in this pandemic. contribute to the response to covid-19. The problem in this writing is how the juridical study of the collection of corporate income tax (PPh) for taxpayers during the Covid-19 pandemic. This writing uses a normative juridical method, and the result of the analysis of this problem is that the central government is more careful in making it easier for corporate taxpayers, especially those who have good intentions in contributing to the interests of overcoming the Covid-19 pandemic, namely by providing tax incentives where the tax incentive is in the form of a reduction in the amount income tax for corporate taxpayers. The principles in the national tax system must be represented in the form of government policies, that tax collection ultimately reflects the strengthening of national economic resilience and helps in accelerating national development, the Government can influence taxpayer compliance.How to cite item: Sariwati, R. (2021). Kajian yuridis pemberian insentif pajak penghasilan pada masa pandemi Covid-19. Jurnal Cakrawala Hukum, 12(1), 90-98.doi:10.26905/idjch.v12i1.5722.
Kajian yuridis tentang merek terkenal dan upaya hukum terhadap pelanggarannya Kevien Dicky Aldison; Sunarjo Sunarjo; Hendra Djaja
Jurnal Cakrawala Hukum Vol 12, No 1 (2021): April 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i1.5723

Abstract

International trademark regulation is based on the Paris Convention and The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) while in Indonesia the regulation regarding trademark has undergone several changes, most recently Law Number 20 of 2016 concerning Trademarks and Geographical Indication. A trademark can be said to be a well-known trademark if it meets the criteria for a well-known trademark, but the latest Indonesia trademark law does not clearly explain the criteria for it. This study uses a normative juridical approach. This approach focuses on examining literature materials such as legislation and other relevant sources. This study examines the criteria for a well-known trademark by making comparisons between existing laws in Indonesia and countries and examines what legal remedies can be taken if a violation occurs. The results of this study indicate that there are several criteria for a well-known trademark that can be applied in Indonesia from the regulations of other countries to provide legal certainty. Some of these criteria are records of successful use of marks, trademarks that have been registered in various countries and those that are not yet in the Indonesian legal system, namely special registration of a well-known trademark. For legal measures against infringement of the well-known trademark, it can be done in court (litigation) or outside the court (non-litigation) such as dispute resolution through arbitration.How to cite item: Aldison, K. D. Sunarjo., Djaja, Hendra. (2021). Kajian yuridis tentang merek terkenal dan upaya hukum terhadap pelanggarannya. Jurnal Cakrawala Hukum, 12(1), 41-50.doi:10.26905/idjch.v12i1.5723.
Analisis yuridis pengaturan pengelolaan zakat dan pajak menurut sistem hukum di Indonesia dan Malaysia Yudi Wicaksono Pratama; Kadek Wiwik Indrayanti
Jurnal Cakrawala Hukum Vol 12, No 1 (2021): April 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i1.5724

Abstract

This paper aims to examine the comparison of the regulatory model for zakat and tax management according to the legal system in Indonesia and Malaysia. The research method used is normative legal research using a comparative approach and statute (statute approoach). The results show that the Indonesian and Malaysian governments have a role as facilitators in managing zakat tax. Taxes are collected centrally, and are regulated by law. Meanwhile, the difference between the management of zakat and tax in Indonesia and Malaysia is that it lies in the zakat management institution, zakat regulation in the law, the supervisory agency for zakat management institutions, the zakat fund management and distribution agency, and the zakat fund management program. There are problems in managing zakat in Indonesia, namely zakat management is still carried out in a simple manner, the low level of public trust in amil zakat institutions, the dualism of zakat management institutions, weak application of organizational management principles, low mastery of technology by zakat institutions and low understanding of zakat among the community. So it can be recommended that income zakat can be equated with income tax, namely not as a deduction factor for income tax but as a non-refundable tax credit. there is a need for a supervisory and coordinating regulator and a computerized system.How to cite item: Pratama, Y. W., Indrayanti, K.W. (2020). Analisis yuridis pengaturan pengelolaan zakat dan pajak menurut sistem hukum di Indonesia dan Malaysia. Jurnal Cakrawala Hukum, 12(1). 110-119.doi:10.26905/idjch.v12i1.5724.80.
Good governance pengelolaan sampah: komitmen negara terhadap lingkungan hidup Niken Wahyuning Retno Mumpuni; Mustika Prabaningrum Kusumawati
Jurnal Cakrawala Hukum Vol 12, No 1 (2021): April 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i1.5725

Abstract

Indonesia already has rules that govern this, and the implementation of environmental management policies in accordance with the principles of good governance. Policies will not be effective when policymakers make mistakes in formulating problems. Therefore, it is necessary to study the problem of waste and how the implementation of the principles of good governance in creating disposable waste and plastic management policies. Through a juridical-normative approach this research will describe and analyze the problem in accordance with the provisions of the applicable laws and regulations. Besides that, it is added with legal materials such as literature study from literature books, papers, articles, journals, research results and other scientific works related to this research. The problem map is the category of rubbish that is difficult to manage, one of which is plastic waste where the form of plastic waste is in the form of packaging, then disposable items, microbeads, straws, ear cleaning, plastic bags, polystyrene and flexible plastic. The importance of community participation in waste management in the scope of central and regional governments, as well as the community also has the right to make suggestions and provide advice related to waste problems. The form of efforts to ensure the security of everyone and society and to advance economic, social and other fields in accordance with the will of the people is the concept of good governance.How to cite item: Mumpuni, N. W. R., Kusumawati, M. P. (2021). Good governance pengelolaan sampah: komitmen negara terhadap lingkungan hidup. Jurnal Cakrawala Hukum, 12(1),79-89. doi:10.26905/idjch.v12i1.5725.
Rasio legis eksistensi pengadilan tindak pidana korupsi dalam sistem peradilan pidana Indonesia Ahmad Fauzi; Abdul Madjid; Nurini Aprilianda; Prija Djatmika
Jurnal Cakrawala Hukum Vol 12, No 1 (2021): April 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i1.5779

Abstract

Corruption if allowed to have a real economic impact, namely unequal income and increasing poverty Corruption is a common problem that occurs in almost every country, the modus operandi of corruption is to use the authority and power to take advantage for personal gain or third parties, therefore to overcome corruption crimes need a way to tackle corruption crimes. This research is a legal research using the socio-normative approach. The data used are primary data and secondary data which were analyzed using quantitative analysis. The main aspect in tackling corruption crimes is to use a law enforcement approach, one of the approaches to law enforcement is to create a Corruption Crime Court as regulated in Law No. 46 of 2009 concerning the Corruption Crime Court as an institution in charge of examining and deciding cases of criminal acts of corruption. The position of the court for criminal acts of corruption actually has a strong legal standing in the Indonesian criminal justice system, and its existence is very important and urgent in tackling corruption crimes in Indonesia.How to cite item: Fauzi, A., Madjid, A., Aprilianda, N., Djatmika, P. (2021). Rasiolegis eksistensi pengadilan tindak pidana korupsi dalam sistem peradilan pidana Indonesia. Jurnal Cakrawala Hukum, 12(1), 11-20. doi:10.26905/idjch.v12i1.5779.
Tinjauan yuridis terhadap sistem alih daya (outsourcing) pada pekerja di Indonesia Suyoko Suyoko; Mohammad Ghufron AZ
Jurnal Cakrawala Hukum Vol 12, No 1 (2021): April 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i1.5780

Abstract

The practice of outsourcing at this time is increasingly being carried out by both entrepreneurs and outsourcing service providers themselves. Along with the development of industrial labor relations with an outsourcing system, it creates many negative things for the development of workers / laborers. Many workers' rights are neglected by companies that use outsourcing services. The issues raised are how the regulation regarding the outsourcing system for workers in Indonesia and how legal protection for outsourcing workers in Indonesia. The results of this research are that the regulations regarding the outsourcing system in Indonesia are contained in Article 64 to Article 66 of the Manpower Act, where in 2020 after the issuance of Law Number 11 of 2020 concerning Job Creation there are changes regulated in Article 81 numbers 18 to 20. Legal protection for outsourced workers / laborers in the work copyright law is regulated in Article 81 point 20, however until now the implementing regulations of this article have not been issued by the Government.How to cite item: Suyoko., Ghufron AZ, M. (2020).Tinjauan yuridis terhadap sistem alih daya (outsourcing) pada pekerja di Indonesia. Jurnal Cakrawala Hukum, 12(1). 99-109.doi:10.26905/idjch.v12i1.5780.

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