Jurnal Cakrawala Hukum
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.
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<![CDATA[Reconstruction of cultural views of 'reluctant' prevents criminal acts of gratification ]]>
<![CDATA[Galih Puji Mulyono]]>;
<![CDATA[Yusuf Eko Nahuddin]]>;
<![CDATA[Lily Faradina]]>;
<![CDATA[Sri Indah Cahyani]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 13, No 2 (2022): August 2022 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v13i2.7965
<![CDATA[This study aims to reconstruct the "reluctant" cultural view and minimize the level of gratification in the ULP employees of the Batu City Government. The method used is empirical research, with the research location being the Batu City Government Procurement Service Unit. The results of this study are activities carried out by making slogans for Batu City Government ULP employees who read the anti-Gratification slogan and categorize the culture of shame as positive and negative. Next, is the design of a blueprint for the Batu City Government ULP code of ethics, carried out through a Focus Group Discussion. The discussion in this study shows that 90% of ULP officials in the Batu City Government still do not understand gratification and do not yet have a draft code of ethics that regulates ULP in the Batu City Government, primarily through the education provided by the leadership. Therefore, it is essential that this research and should be carried out by implementing the above results can reduce the crime of gratification in Indonesia.How to cite item: Mulyono, G., Nahuddin, Y., Faradina, L., Cahyani, S. (2022). Reconstruction of cultural views of 'reluctant' prevents criminal acts of gratification. Jurnal Cakrawala Hukum, 13(2), 155-163. DOI:https://doi.org/10.26905/idjch.v13i2.7965.]]>
<![CDATA[Dinar Candy, pornography, freedom of expression, and the law ]]>
<![CDATA[Sujana Donandi S]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 13, No 2 (2022): August 2022 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v13i2.6517
<![CDATA[Dinar Candy expressed her feeling to PPKM by wearing bikini in the road-side which caused her be stipulated as the suspect of pornography. Dinar Candy’s case brought to the conception on the limitation of pornography interpretation and the determination on freedom of expression in action of wearing bikini. The research is conducted through a qualitative approach using secondary data. The results show, first: pornography is limited by ‘subjective reason’ such as if the pornography is aimed for personal interest, then the action is not pornography. The other is ‘action-room limitation’ in which an action can be formulated as pornography if the standard and characteristic in the room where the action is done considering that the action is obscene or aims to sexual exploitation. The room refers to specific places such as beach, roadside, hotel, or other specific place, not wide social room. Second: If someone’s feeling is expressed by wearing bikini in a room which based on its decency standard allows to wear bikini, then the action can be determined as freedom of expression. In contrary, in a room where bikini is considered against morality, or it is spread to public, then such action is against the pornography law.How to cite item: Donandi S, S. (2022). Dinar Candy, pornography, freedom of expression, and the law. Jurnal Cakrawala Hukum, 13(2), 202-213. DOI:https://doi.org/10.26905/idjch.v13i2.6517.]]>
<![CDATA[Fair remuneration of workers in micro and small enterprises in Job Creation Act ]]>
<![CDATA[Prayogo Pranowo]]>;
<![CDATA[Tanudjaja Tanudjaja]]>;
<![CDATA[Nynda Fatmawati Octarina]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 13, No 2 (2022): August 2022 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v13i2.5625
<![CDATA[Labor Protection is the ideal and purpose of the existence of labor law to provide legal protection in the omnibus law (Job Creation Act), which accommodates the interests of workers but also accommodates the ease of doing business in micro and small firms in the form of wages as seen in Article 90 B. the existing problems regarding the legal ratio of labor law in Indonesia based on the Job Creation Act and what are the forms of legal protection for workers in micro and small businesses based on the legislation?, the purpose of this study is to find out and analyze the ratio of labor law legislation in Indonesia. Indonesia is based on the Job Creation Act to find and explore forms of legal protection for workers in micro and small businesses. At the same time, the benefits of this research are divided into two, namely, theoretically, to provide a legal ratio to the wages of micro-enterprise workers. And small, while in practice, it is to provide legal protection for workers in Micro and Small businesses. The employment agreement is also a form of agreement regulated in the Manpower Act and the Law on Job Creation as an alternative to protecting workers' rights with the principle of proportionality which aims to increase workers’ bargaining power.How to cite item: Pranowo, P., Tanudjaja, T., Octarina, N. (2022). Fair remuneration of workers in micro and small enterprises in Job Creation Act. Jurnal Cakrawala Hukum, 13(2), 175-183. DOI:https://doi.org/10.26905/idjch.v13i2.5625.]]>
<![CDATA[Compensation for land rights holders according to the land acquisition law ]]>
<![CDATA[Dhaniar Eka Budiastanti]]>;
<![CDATA[Khotbatul Laila]]>;
<![CDATA[Nahdiya Sabrina]]>;
<![CDATA[Diah Aju Wisnuwardhani]]>;
<![CDATA[Selvia Wisuda]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 13, No 2 (2022): August 2022 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v13i2.7970
<![CDATA[The aspect of compensation is very crucial in land acquisition for development for the public interest. The Law of the Republic of Indonesia Number 2 of 2012 concerning Land Procurement for Development in the Public Interest (PTBPKU Law) is "drowned" by the many cases of land disputes that are so complex. The regulations regarding land acquisition contained in the PTBPKU Law are indeed correct, but when viewed in terms of substance, they still leave several separate notes. Several things need to be studied more deeply, primarily related to the basic concept of acquiring land rights for the public interest and compensation assessment. This paper aims to provide legal protection for land rights holders who reject the amount of payment in the PTBPKU Law and compare it with the latest regulation of land acquisition, namely the Job Creation Act. The writing method used is a normative juridical method using the Statute Approach and the Comparative Approach. The PTBPKU Law, as amended by the Law of the Republic of Indonesia Number 11 of 2020 concerning Job Creation, has not been able to fully protect the holders of land rights affected by land acquisition for development in the public interest. Regulators should pay more attention to matters relating to compensation for land rights holders.How to cite item: Budiastanti, D., Laila, K., Sabrina, N., Wisnuwardhani, D., Wisuda, S. (2022). Compensation for land rights holders according to the land acquisition law. Jurnal Cakrawala Hukum, 13(2), 135-144. DOI:https://doi.org/10.26905/idjch.v13i2.7970.]]>
<![CDATA[Customary sanctions in resolving violations of the "aluk todolo" of the Tana Toraja community ]]>
<![CDATA[Pratama Yoland Suryamodjo]]>;
<![CDATA[Nur Azisa]]>;
<![CDATA[Haeranah Haeranah]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 13, No 2 (2022): August 2022 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v13i2.5655
<![CDATA[Customary law must be able to protect and serve as a legal umbrella for indigenous peoples in terms of resolving customary violations committed by tourists, so this research is to determine the effectiveness of the application of customary sanctions in resolving violations of customary "Aluk Todolo" communities in Tana Toraja and North Toraja Regencies and observe the application of sanctions customary law in resolving violations of the "Aluk Todolo" custom which can provide a deterrent effect for violators and become the basis for legal protection for people in Tana Toraja Regency and North Toraja Regency who carry out this rule, using empirical research by collecting data based on observed facts obtained from the results of interviews and direct observation. The results of this study indicate that the application of customary sanctions in resolving violations of the traditional "Aluk Todolo" community in Tana Toraja Regency and North Toraja Regency is very effective in preventing customary violations and is the basis for legal protection for people in Tana Toraja Regency and North Toraja Regency who carry out the rules.How to cite item: Suryamodjo, P., Azisa, N., Haeranah, H. (2022). Customary sanctions in resolving violations of the "aluk todolo" of the Tana Toraja community. Jurnal Cakrawala Hukum, 13(2), 214-223. DOI:https://doi.org/10.26905/idjch.v13i2.5655.]]>
<![CDATA[Responsibilities of air carriers on international flights ]]>
<![CDATA[Retno Sariwati]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 13, No 2 (2022): August 2022 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v13i2.7963
<![CDATA[In international air transportation, it is sure to talk about the responsibility of the carrier, which cannot be separate from the discussion of international agreements, namely, in this case, the 1999 Montreal Convention, which contains the issue of the responsibility of international air carriers. This study aims to determine the guilt of air carriers on international flights to passengers, shippers, and third parties in the event of an aircraft accident. The approach method used in this research is normative juridical (legal research), using legal materials as the primary material. The carrier's responsibility is based on the absolute principle; the page is responsible but is still limited by the limitation principle (the carrier's responsibility is limited to a certain amount). The airline's responsibility is based on the presumption and limitation of liability for consignments and baggage. The carrier is always considered responsible until the airline can prove that it is not guilty of the event that caused the loss. The carrier's responsibility for baggage should be absolute because, by the time the passenger brings the bags, it has passed several checks that have confirmed that the goods in the luggage are not problematic.How to cite item: Sariwati, R. (2022). Responsibilities of air carriers on international flights. Jurnal Cakrawala Hukum, 13(2), 194-201. DOI:https://doi.org/10.26905/idjch.v13i2.7963.]]>
<![CDATA[Confidentiality of the notary deed in the freedom of the academic pulpit ]]>
<![CDATA[Reni Margiyanti]]>;
<![CDATA[Tunggul Anshari Setia Negara]]>;
<![CDATA[R. Imam Rahmat Sjafi’i]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 13, No 2 (2022): August 2022 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v13i2.5735
<![CDATA[Many academic community members abuse the academic pulpit's freedom for inappropriate purposes. The purpose of this paper is to analyze the conflict or conflict of norms in the Article related to the obligation of a Notary to keep everything regarding the Deed he made and the explanation of the Article associated with the freedom of the academic pulpit (Article 8 Paragraph (1), Law of the Republic of Indonesia Number 12 the Year 2012), in the Republic of Indonesia. On the one hand, a notary must keep everything about the deed he made secret; on the other hand, a notary who is a teaching staff or lecturer must carry out his duties as an academic civitas. This writing uses a normative juridical method with a statute and conceptual approach. The results obtained are that the position of a notary is higher than the position of a notary as a lecturer; therefore, the notary's limitations regarding the academic pulpit are to the position of a notary as a public official, whereas a public official a notary is obliged to keep everything related to the deed he made, which means that he has been ordered to a notary. Not to give, show or notify the act’s contents except those with a direct interest. Therefore, regulators should study further if there is a conflict of norms in the Articles related to the Notary's obligation to keep everything confidential regarding the Deed he made.How to cite item: Margiyanti, R., Negara, T., Sjafi’i, R. (2022). Confidentiality of the notary deed in the freedom of the academic pulpit. Jurnal Cakrawala Hukum, 13(2), 182-193. DOI:https://doi.org/10.26905/idjch.v13i2.5735.]]>
<![CDATA[Optimizing the role of political party courts in resolving internal political party disputes ]]>
<![CDATA[Ferry Anggriawan]]>;
<![CDATA[Mohammad Fahrial Amrulla]]>;
<![CDATA[Fadilla Dwi Lailawati]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 13, No 2 (2022): August 2022 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v13i2.7962
<![CDATA[The purpose of this study is to provide suggestions for new legal concepts, to optimize the role of the Political Party Court, using normative juridical law research methods and approaches to laws, cases, and comparative law approaches. The mechanism for resolving internal disputes within political parties is regulated in Article 32 of Law of the Republic of Indonesia Number 2 of 2011 concerning Amendments to Law of the Republic of Indonesia Number 2 of 2008 about Political Parties (Political Parties Law), which states that it can be done through the Court of Political Parties. Furthermore, Article 33 of the UUPP can submit the settlement mechanism through a lawsuit to the District Court and the Supreme Court. The legal fact is that from several internal political party dispute cases, the settlement process is not only done through these two methods. However, someone suddenly created a rival Extraordinary Congress, seeking legal tendencies at the Ministry of Law and Human Rights of the Republic of Indonesia to file a lawsuit with the State Administrative Court. So it is necessary to have a new legal concept to optimize the role of the Political Party Court and a one-door mechanism for resolving internal disputes of political parties.How to cite item: Anggriawan, F., Amrulla, M., Lailawati, F. (2022). Optimizing the role of political party courts in resolving internal political party disputes. Jurnal Cakrawala Hukum, 13(2), 145-156. DOI:https://doi.org/10.26905/idjch.v13i2.7962.]]>
<![CDATA[Sanctions for not being read out by the auction office ]]>
<![CDATA[I Nengah Gowinda Wijaya]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 13, No 2 (2022): August 2022 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v13i2.5896
<![CDATA[Auction minutes that the Class II Auction Officer does not read will affect their validity. The problem in this paper is about how the validity of the deed is not read out by the auction official, as well as the form of legal protection for the Class II Auction Officer for acceptable sanctions due to the auction minutes not being read out in the implementation of an electronic non-execution auction. This paper aims to analyze the validity of the deed that was not read out by the auction official in the performance of an electronic non-execution auction and a form of legal protection for Class II auction officials. This writing uses a normative juridical method with a statutory and conceptual approach. The study results indicate that the minutes of auction through the internet media have fulfilled the elements contained in Article 1868 of the Civil Code. Legal protection for Class II Auction Officials can be carried out in 2 (two) ways: preventive legal protection, namely by making new rules or improving the provisions of the old laws. Repressive legal protection is to take legal action in the form of an appeal against the Administrative Court or an appeal against the Supreme Court. In the request and cassation, repressive legal protection should be prioritized.How to cite item: Wijaya, I. (2022). Sanctions for not being read out by the auction office. Jurnal Cakrawala Hukum, 13(2), 164-174. DOI:https://doi.org/10.26905/idjch.v13i2.5896.]]>
<![CDATA[Social control of government policy through the citizen lawsuit mechanism ]]>
<![CDATA[Paris Hendra Wijaya Sinaga]]>;
<![CDATA[Firdausa Panji Bagas Wiratama]]>;
<![CDATA[Fransiska Indriati]]>;
<![CDATA[Dewi Ayu Rahayu]]>;
<![CDATA[Sunarjo Sunarjo]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 13, No 2 (2022): August 2022 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v13i2.7875
<![CDATA[Social control is a form of monitoring whether or not a public policy is made from the planning and implementation stages in the community. Social control aims to prevent or treat so that the government does not set deviant actions or rules that can harm the community. So it is fitting for community groups to control and supervise the policies made by the government. However, it cannot be denied that there are still many policies that are made detrimental to the community and violate the public interest. This study analyzes inappropriate government policies in the community, using the empirical juridical method with a concept approach, a case approach, and a law approach. The results of this study indicate that several violations occurred due to government policies, so total control from the community is needed that can be carried out using a citizen lawsuit mechanism. The citizen lawsuit is the suitable lawsuit model to demand the Government evaluate and improve all efforts and policies to overcome problems detrimental to the community.How to cite item: Sinaga, P., Wiratama, F., Indriati, F., Rahayu, D., Sunarjo, S. (2022). Social control of government policy through the citizen lawsuit mechanism. Jurnal Cakrawala Hukum, 13(2), 123-134. DOI:https://doi.org/10.26905/idjch.v13i2.7875.]]>
