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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 12, No 3 (2021): December 2021" : 8 Documents clear
The role of criminal investigation unit in South Sulawesi regional police about law enforcement against makers and hoax information spreaders Ismail Iskandar; Muhadar Muhadar; Hijrah Hijrah
Jurnal Cakrawala Hukum Vol 12, No 3 (2021): December 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i3.5159

Abstract

This study aims to determine the role of the criminal investigation unit in South Sulawesi Regional Police about law enforcement against hoax spreaders and to investigate crime prevention efforts by the criminal investigation unit in South Sulawesi Regional Police against perpetrators and hoaxes. This research is an empirical juridical study using interview and literature research methods as data collection techniques which are then analyzed qualitatively and presented descriptively. As for the conclusions of this study, viz. (1), the criminal investigation unit in South Sulawesi Regional Police plays a role in law enforcement against spreading hoax news crime, i.e. conducting investigations and investigations of special crimes, coordination, operational supervision, and administration of PPNS investigations in accordance with laws and regulations provisions. which is carried out based on the ideal role, the expected role, and the actual role, and (2) criminal investigation unit in South Sulawesi Regional Police in enforcing the law against the Crime of Information Dissemination or Hoax News conducts socialization efforts, broadcast public service advertisements and cyber patrols as a preventive or non-penal effort and conducts an investigation and investigation process based on the Criminal Procedure Code and Law Number 19 of 2016 concerning Information and Electronic Transactions (ITE) as a repressive or penal effort.How to cite item: Iskandar, I., Muhadar, M., Hijrah, H. (2021). The role of criminal investigation unit in South Sulawesi regional police about law enforcement against makers and hoax information spreaders. Jurnal Cakrawala Hukum, 12(3), 284-293. doi:https://doi.org/10.26905/idjch.v12i3.5159.
Idealitas eksistensi hakim komisaris terhadap konstruksi peradilan di Indonesia Bambang Satriya; Abdul Wahid; Mirin Primudyastutie
Jurnal Cakrawala Hukum Vol 12, No 3 (2021): December 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i3.5974

Abstract

This study aims to describe one of the political efforts of legal reform in the field of justice in Indonesia. This research describes that the presence or existence of norms that look at commissioner judges in preliminary examinations is part of an effort to prevent the possibility of the practice of abuse of roles or authorities that can damage the building of the criminal justice system with the modus operandi of violating the rights of suspects, whose role is more specific and has a value of certainty. compared to the role of judges in pretrial as it is today. This type of research in the problem of commissioner judges related to the ideals of legal reform is classified as normative juridical research or doctrinal research. The result obtained is that the existence of this commissioner judge is idealized to have a major impact on the reform of the performance model carried out by law enforcement officers at the fundamental level (investigation and investigation). The pattern of "judicial patronage" which can be understood as a pattern of placing law enforcement officers as masters, while suspects as objects, helpless figures, or "slaves" in the implementation of the criminal justice system, becomes an old disease or condition that reduces the conduciveness and progress of criminal justice, which by the role of the commissioner judge, is idealized to be curable.How to cite item: Satriya, B., Wahid, A., Primudyastutie, M. (2021). Idealitas eksistensi hakim komisaris terhadap konstruksi peradilan di Indonesia. Jurnal Cakrawala Hukum, 12(3), 254-262. doi:https://doi.org/10.26905/idjch.v12i3.5974
Ambiguitas sanksi hukum terhadap masyarakat yang menolak vaksinasi Covid-19 Ali Imran Nasution; Wicipto Setiadi; Yusuf Eko Nahuddin
Jurnal Cakrawala Hukum Vol 12, No 3 (2021): December 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i3.6417

Abstract

In 2020, the President of Indonesia established Presidential Regulation Number 99 of 2020 concerning the Procurement and Implementation of Vaccinations to Annihilate Covid-19 Pandemic. Furthermore, this Presidential Regulation was amended by Presidential Regulation Number 14 of 2021 which contained a particular provision to impose legal sanctions on people who violated rules by do not participate in Covid-19 vaccination. Administration sanctions such as postponing or terminating social security awarding or social assistance will be imposed on a citizen who does not comply with that particular provision. This kind of administrative sanction will potentially harm the rights of lower classes people. This study is to analyze the ambiguity of legal sanctions against people who refuse to get Covid-19 vaccination and to analyze the alternative solution to take out the ambiguity of imposing sanctions on people who violated these particular rules. This research method uses normative legal research by statutory and conceptual approach. This study concludes that the ambiguity caused by those sanctions is contradicted with the legislation rules and principles. Therefore, social work sanctions can be used as an alternative solution to substitute administrative sanctions that cause ambiguity and violated the community’s rights.How to cite item: Nasution, A., Setiadi, W., Nahuddin, Y. (2021). Ambiguitas sanksi hukum terhadap masyarakat yang menolak vaksinasi Covid-19. Jurnal Cakrawala Hukum, 12(3), 233-244. doi:https://doi.org/10.26905/idjch.v12i3.6417.
Urgensi kewenangan pengawasan OJK terhadap kegiatan penghimpunan dana oleh lembaga non keuangan Salsha Zuhriyah; Tunggul Anshari Setia Negara; Endang Sri Kawuryan
Jurnal Cakrawala Hukum Vol 12, No 3 (2021): December 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i3.4965

Abstract

This paper aims to analyze the urgency of the supervisory authority of the Financial Services Authority (OJK) on fundraising activities by non-financial institutions. For the purpose of discussion, this type of normative legal research uses a statutory approach, an analytical approach, and a case approach. Primary and secondary legal materials were analyzed using grammatical and systematic analysis techniques. Based on the results of the discussion, it was concluded that the Financial Services Authority's supervisory authority over the activities of collecting funds by non-financial institutions was that the Financial Services Authority had no authority. Based on the provisions of Articles 4, 5, 6, and Article 34 of the BI Law and their explanations regarding the regulation of OJK's supervisory functions, objectives, and authorities, it can be concluded that OJK's supervisory authority is limited to only covering financial service sector institutions, both banks, and non-banks. Meanwhile, First Travel is categorized as a non-financial institution in the form of a travel agency for Hajj and Umrah, although First Travel carries out fundraising activities. It is also strengthened that First Travel is not an official entity under the authority of the OJK in terms of licensing, regulation and supervision. First Travel status has received permission from the Ministry of Religion of the Republic of Indonesia but raises funds that are not in accordance with the license held. So, in the case of First Travel, it should have been sufficiently handled by the Ministry of Religion of the Republic of Indonesia, because that ministry was the one that issued permits and carried out supervision.How to cite item: Zuhriyah, S., Negara, T., Kawuryan, E. (2021). Urgensi kewenangan pengawasan OJK terhadap kegiatan penghimpunan dana oleh lembaga non keuangan. Jurnal Cakrawala Hukum, 12(3), 344-354. doi:https://doi.org/10.26905/idjch.v12i3.4965.
Perkembangangan peran pecalang sebagai lembaga keamanan adat di masyarakat Bali Indonesia Kadek Wiwik Indrayanti
Jurnal Cakrawala Hukum Vol 12, No 3 (2021): December 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i3.7093

Abstract

The island of Bali is known as one of the world's tourist destinations with all its unique traditions and customary laws. The Balinese have a traditional security institution known as the Pecalang whose role is different from that of the police. The purpose of this article is to identify the position of Pecalang according to Regional Regulation Number 4 of 2019 concerning Traditional Villages and the development of the role of Pecalang. The method used is a mix of methods, namely normative and empirical methods. The results show that the existence of Pecalang is regulated in Law Number 9 of 1979 concerning Village Government and Regional Regulation Number 4 of 2019 concerning Traditional Villages. Pecalang is formed in each of the customary village residents (pekraman) who have the task of maintaining security and order. The role of pecalang is currently experiencing development, which leads to the business, and can even be used as a political tool. What stands out is the case of the closure of the Hare Krsna hostel where the function as a security guard was instead used as a tool by the village to bring order to religious groups or sects that were allegedly not in accordance with community traditions. The police should have been involved because they thought it was a religious matter and their area. The regulation of pecalang duties needs to be re-examined in the Perda so that its function as a guardian of order is clear and not vice versa.How to cite item: Indrayanti, K. (2021). Perkembangangan peran pecalang sebagai lembaga keamanan adat di masyarakat Bali Indonesia. Jurnal Cakrawala Hukum, 12(3), 294-302. doi:https://doi.org/10.26905/idjch.v12i3.7093.
Implikasi yurіdіs penandatanganan akta dі hadapan notarіs dengan menggunakan tanda tangan elektronіk Nuke Irfayanti Lubis
Jurnal Cakrawala Hukum Vol 12, No 3 (2021): December 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i3.5114

Abstract

Indonesia is in an era of globalization, it can be seen by the era of technology that introduced the virtual world (cyberspace, virtual world) through internet networks, communication with electronic media without paper. The development of electronic signature technology has been implemented in Indonesia. The existence of electronic signatures has begun to replace conventional signatures in several places on the grounds of using technology to make it easier. The ІTE Act already guarantees electronic signatures. GMS can be held using electoral media. However, the GMS with electronic media must be approved and signed by the GMS participants. In the notary deed, the minutes of the GMS are included in the release deed. Preparation of a notary deed of the GMS minutes using an electronic system must be signed by all GMS participants. Participants who attend the meeting via video conference can use the signature using the electronic system. Legal Issues in this Research There are unclear norms related to signatures which are described in the Law on Notary Position. This research is normative law research. From the results of the research using the above method, the author obtains answers to the problems regarding the Law of Signing Notary Deeds Using Electronic Signatures.How to cite item: Lubis, N., (2021). Implikasi yurіdіs penandatanganan akta dі hadapan notarіs dengan menggunakan tanda tangan elektronіk. Jurnal Cakrawala Hukum, 12(3), 314-325. doi:https://doi.org/10.26905/idjch.v12i3.5114.
Perlindungan hukum terhadap pembeli lelang yang tidak menerima objek lelang dalam masa penyerahan Natalia Maria Liju; Abdul Rachmad Budiono
Jurnal Cakrawala Hukum Vol 12, No 3 (2021): December 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i3.7095

Abstract

This study discusses what if it turns out that the object of the auction, when its obligations have been paid off by the buyer, is not appropriate? If there is a legal vacuum, then what can be done to protect buyer rights? This research was made in order to answer questions like this, and then to be able to provide legal certainty and also legal protection for the parties involved in the auction. This research method is normative juridical. The approach used is a statutory approach (Statute Approach) and a concept approach (Conceptual Approach). Auction is a direct public sale that has long been known in Indonesia. However, until now the legislation regarding auctions is very minimal. Auctions in Indonesia are still using the Vendu Regulation Number 1908 Number 189, and then directly regulated using the Regulation of the Minister of Finance such as Regulation of the Minister of Finance Number 27 of 2016 concerning Instructions for Auction Implementation. This has resulted in a legal vacuum in some matters regarding auctions. One of them is if the object of the auction submitted during the later delivery is not appropriate. Because this is not regulated in the existing laws and regulations, it results in legal uncertainty for the auction buyer.How to cite item: Liju, N., Budiono, R. (2021). Perlindungan hukum terhadap pembeli lelang yang tidak menerima objek lelang dalam masa penyerahan. Jurnal Cakrawala Hukum, 12(3), 303-313. doi:https://doi.org/10.26905/idjch.v12i3.7095.
Akibat hukum terhadap surat kuasa menjual yang dibuat secara notariil dalam penjatuhan pajak terhutang Muchammad Ekky Prandika; Supriyadi Supriyadi
Jurnal Cakrawala Hukum Vol 12, No 3 (2021): December 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i3.5176

Abstract

This article has the intent and purpose to find out the legal consequences arising from the existence of a binding sale and purchase agreement (PPJB) with a power of attorney to sell which is notarized which can result in a tax payable, Customs Duty on Acquisition of Land and Building Rights (BPHTB) and Income Tax Collection ( PPh) On the Transfer of HAT, it is reviewed based on the PDRD Law and Government Regulation of the Republic of Indonesia Number 34 of 2016 concerning Income Tax on Income from the Transfer of Land and/or Building Rights, and the Sale and Purchase Agreement on Land and/or Building and its Amendments. The type of research in this research is normative juridical law research, with the approach used in this research being statutory approval. The Sale and Purchase Binding Agreement (PPJB) is a legal breakthrough made by a Notary to overcome the problems faced in the implementation of the sale and purchase of land rights as previously explained. Legal discoveries made and applied by a Notary regarding the use of a Sale and Purchase Binding Agreement (PPJB) in assisting the implementation of the sale and purchase of land rights or as a preliminary agreement before making a Sale and Purchase Deed so that the existence of PPJB does not mean transferring or transferring a Land Right.How to cite item: Prandika, M., Supriyadi, S. (2021). Akibat hukum terhadap surat kuasa menjual yang dibuat secara notariil dalam penjatuhan pajak terhutang. Jurnal Cakrawala Hukum, 12(3), 326-333. doi:https://doi.org/10.26905/idjch.v12i3.5176.

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