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[BUMDesa Policy Innovation to Increase Village Authenticity in a Neo-Institutionalism Perspective ]]>
<![CDATA[Jairi Irawan]]>;
<![CDATA[Bintaro Wardiyanto]]>;
<![CDATA[Erna Setijaningrum]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 14, No 1 (2023): April 2023 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v14i1.9871
<![CDATA[This study aims to identify policy innovations in BUMDesa and their contribution to increasing village original income (PADesa). This study uses exploratory qualitative methods through in-depth interviews with actors who are directly involved with BUMDesa Larasati and related external parties. The results of the research were then analyzed using the perspective of Neo-Institutionalism. This study found that the policy innovations formulated and implemented by BUM Desa Larasati were inseparable from the role of critical actors within the Village Head of Kendalbulur. The Village Head has full support from internal BUMDesa and the Village Consultative Body—in addition to interactions with external institutions such as the Tulungagung DPMD, Banking, and PT. POS, East Java Village BUM Clinic, makes it easy to make policies. Policy innovation has significantly increased PADesa in the last three years. BUM Desa Larasati is already a legal entity and is ready to compete with other agencies. For this reason, synergy is needed between OPD and the private sector regarding assistance to BUM Desa so that human resources and their existence are properly maintained.How to cite item: Irawan, Jairi, Bintoro Wardiyanto, and Erna Setijaningrum. “BUMDesa Policy Innovation to Increase Village Authenticity in a Neo-Institutionalism Perspective.†Jurnal Cakrawala Hukum. 14 no. 1 (2023):9-20. DOI: 10.26905/idjch.v14i1.9871.]]>
<![CDATA[Transfer of Land Ownership Through Frant with The Guaranteed Object ]]>
<![CDATA[Siti Ayu Rahayu]]>;
<![CDATA[Honainah Honainah]]>;
<![CDATA[Nur Fitriah]]>;
<![CDATA[Bhim Prakoso]]>;
<![CDATA[Ainun Najib]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 14, No 1 (2023): April 2023 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v14i1.10005
<![CDATA[This study aims to analyze how the concept of transferring land ownership rights through grants and how land status is obtained through grants, but the object remains a mortgage object. This article uses normative legal research methods. The sources of legal materials used are primary legal materials and secondary legal materials. The procedure for collecting legal materials in this article is to study library materials. Analysis of legal material sources was carried out descriptively. The results of the study concluded that the transfer of ownership rights to land due to grants can only be registered if the PPAT makes a deed. The contents and procedures for drawing up a deed are regulated in the Regulation of the Minister of Agrarian Affairs/Head of BPN No.3 of 1997. For the transfer of ownership rights to land through a grant, a PPAT deed cannot be made because the object of the grant deed is still an object of mortgage rights. To anticipate that grants can still be made, a grant-binding agreement was made before a Notary in order to fulfill legal protection for the parties.How to cite item: Rahayu, Siti Ayu, Honainah, Nur Fitriah, Bhim Prakoso, and Ainun Najib. “Transfer of Land Ownership Through Frant with The Guaranteed Object.†Jurnal Cakrawala Hukum. 14 no. 1 (2023): 63-75. DOI: 10.26905/idjch.v14i1.10005.]]>
<![CDATA[Formulation of Criminal Law Policy for Distribution of Non-Food Animal Meat for Consumption ]]>
<![CDATA[Nahdiya Sabrina]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 14, No 1 (2023): April 2023 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v14i1.10049
<![CDATA[This study aims to provide an analysis of the many cases of distribution of non-food animal meat for consumption purposes that have recently received attention, such as the rampant sale of cat and dog meat which often occurs in society. Cats and dogs are pets kept by humans. These animals are not included in the consumption of livestock. Consumption of non-food animals is a heinous act that can become a zoonotic vector. This study uses normative legal research methods with several approaches, namely the statutory approach and the conceptual approach. The results obtained are that there are laws and regulations related to the distribution of non-food animal meat for consumption purposes, but some of these regulations do not mention the imposition of sanctions on the distribution of non-food animal meat for consumption purposes. Criminal laws should provide for the torture of animals and the distribution of non-food animal meat for consumption and sanctions. This is considering the dangers of consuming non-food animals which have the potential to harm the wider community.How to cite item: Sabrina, Nahdiya. “Formulation of Criminal Law Policy for Distribution of Non-Food Animal Meat for Consumption.†Jurnal Cakrawala Hukum. 14 no. 1 (2023): 28-35. DOI: 10.26905/idjch.v14i1.10049.]]>
<![CDATA[Criminal Law Policies in an Effort to Tackle Criminal Acts of Terrorism Financing ]]>
<![CDATA[M. Arief Amrullah]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 14, No 1 (2023): April 2023 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v14i1.9881
<![CDATA[The issues that will be discussed in this research include what are. This research was initiated by the development of terrorist groups that request donations from individuals or groups or foundations, or corporations. Likewise, this writing aims to prevent the collection of funds to finance terrorist activities using corporations. Identifying Beneficial Owners of Corporations is very important in preventing criminal acts of terrorism financing. This article uses normative legal research methods. The sources of legal materials used are primary legal materials and secondary legal materials. The procedure for collecting legal materials in this article is to study library materials. Analysis of legal material sources was carried out descriptively. Empowering in its concretization, legal products related to terrorism funding need to be harmonized and renewed. Because of this, the existing law should be updated to suit developments and the modus operandi of terrorist organizations in raising funds so that the abuse of corporations as a vehicle for committing criminal acts of terrorism funding can be prevented and eradicated.How to cite item: Amrullah, M. Arief, “Legal Problems Related to Mineral and Coal Mining Permits.†Jurnal Cakrawala Hukum 14 no. 1 (2023): 86-95. DOI: 10.26905/idjch.v14i1.9881.]]>
<![CDATA[Local Government Authority in Managing Non-State-Owned Forest Areas to Reduce Deforestation ]]>
<![CDATA[Redin Redin]]>;
<![CDATA[Charis Kristotes Jordan]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 14, No 1 (2023): April 2023 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v14i1.9101
<![CDATA[Analyze the authority of local governments in maintaining forest cover in forest areas that are not owned by the state or APL as life support from deforestation due to forest conversion into business areas. Looking at the considerations for determining the 10 areas with the Decree of the Sintang Regent in the APL, shows that APL has an essential function as a community environment. Therefore, forests and biodiversity in APL must be managed by prioritizing the function of environmental protection. This research is normative, with data collection techniques carried out by library researchers. The results of the study show that the Sintang Regency Government is given the authority to manage APL in its administrative area based on the Decree of the Minister of Forestry Number SK.733/Menhut-II/2014 concerning Forest Areas and Marine Conservation in West Kalimantan Province. Through Government Regulation Number 23 of 2021, the government encourages regional governments according to their authority to protect forest cover in APL that do not yet have business permits to fulfill the carrying capacity and environmental capacity to reduce the rate of deforestation in non-state-owned forest areas.How to cite item: Redin, and Charis Kristotes Jordan. “Local Government Authority in Managing Non-State-Owned Forest Areas to Reduce Deforestation.†Jurnal Cakrawala Hukum. 14 no. 1 (2023): 36-45. DOI: 10.26905/idjch.v14i1.9101.]]>
<![CDATA[Theoretical Study of Employment Issues ]]>
<![CDATA[Ardiansyah Hamid]]>;
<![CDATA[Kadek Wiwik Indrayanti]]>;
<![CDATA[Diah Aju Wisnuwardhani]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 14, No 1 (2023): April 2023 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v14i1.9873
<![CDATA[The problem raised in this research is regulating workers' rights and their protection in the Law. This study uses normative legal research methods with several approaches, namely the statutory and conceptual approaches. The results of this study state that the rights of workers/laborers are essential to implement because if workers and laborers are not given rights that are by human rights, then the work carried out by workers will not be able to run correctly. Whereas the contents of the manpower articles in the Law still have several normative problems, namely not yet providing guarantees of legal certainty for guarantees for the protection of workers' rights, such as determining proper wages and eligibility for severance pay. Likewise, with the provisions regarding layoffs, the Law only accommodates the interests of employers so that it can have implications for unilateral termination of employment relations with workers. The philosophical concept of Law is still co-opted with the liberal economic spirit, which is the fundamental basis for the birth of the Law, resulting in most people's rejection of the Law.How to cite item: Hamid, Ardiansyah, Kadek Wiwik Indrayanti, and Diah Aju Wisnuwardhani. “The Issue of Labor Law Versus Human Rights.†Jurnal Cakrawala Hukum 14 no. 1 (2023): 96-105. DOI: 10.26905/idjch.v14i1.9873.]]>
<![CDATA[The Attorney's Authority in Conducting Wiretapping of The Corruption Crimes ]]>
<![CDATA[Romli Said Ali]]>;
<![CDATA[Muhamad Sadi Is]]>;
<![CDATA[Belmento Belmento]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 14, No 1 (2023): April 2023 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v14i1.9079
<![CDATA[The goal to be achieved in this paper is an analysis of efforts to prevent and eradicate criminal acts of corruption in the Attorney General's Office must have additional authority to carry out wiretapping because the Attorney's authority in wiretapping corruption in the Prosecutor's Law of the Republic of Indonesia has not yet been regulated. The problems that occur include the attorney's authority to tap acts of corruption regulated in another law, namely the Electronic Transaction Information Law. The method used is normative legal research. The result of the discussion is that the prosecutor's authority in wiretapping corruption in the future is to revise the Attorney General's Law of the Republic of Indonesia, which gives the prosecutor's authority in wiretapping corruption for the sake of the effectiveness and efficiency of the Attorney's performance, because the accuracy of wiretapping results can be accounted for, as well as optimizing the handling of corruption cases by the Attorney Great.How to cite item: Ali, Romli Said, Muhammad Sadi Is, and Belmento. “The Attorney's Authority in Conducting Wiretapping of The Corruption Crimes.†Jurnal Cakrawala Hukum. 14 no. 1 (2023): 54-62. DOI: 10.26905/idjch.v14i1.9079.]]>
<![CDATA[Notary's Obligation to Provide Legal Services Free of Charge ]]>
<![CDATA[Rosy Indrajaya]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 14, No 1 (2023): April 2023 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v14i1.8516
<![CDATA[The problem in this study is related to the parameter of the phrase unable to fulfill the Notary's obligations regulated in the Notary Office Law and the form of legal protection. So that the goal of this writing is to get legal protection for Notaries against the ambiguity of legal norms. This study uses normative legal research methods with several approaches, namely the statutory approach and the conceptual approach. The results of this study indicate that preventive legal protection can be provided through laws and regulations that explain the criteria/standards for underprivileged people, namely: livelihood, salary or wages, those who are only able to meet basic needs that are decent but unable to pay contributions for themselves and his family. The repressive legal protection that can be given to a Notary, in this case, is if the Notary is not sure about the financial condition of the apparel so that he cannot provide legal services in the notary field for free, then another form of providing legal services is in the form of a reduction in honorarium or notary fees. in making a deed, the amount of the notary's honorarium has been determined by the provisions of the law.How to cite item: Indrajaya, Rosy, “Notary's Obligation to Provide Legal Services Free of Charge.†Jurnal Cakrawala Hukum14 no. 1 (2023): 106-114. DOI: 10.26905/idjch.v14i1.8516.]]>
<![CDATA[Imposition of Criminal Sanctions for Narcotics Abuse Below the Minimum Limit ]]>
<![CDATA[Jennifer Maiyola Situmorang]]>;
<![CDATA[Hatarto Pakpahan]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 14, No 1 (2023): April 2023 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v14i1.10048
<![CDATA[This study aims to examine the legal process of narcotics abuse in Indonesia. The impact of excessive use of narcotics results in central nervous, psychological/psychic damage, and the most fatal is death. The problem in this study examines the development of the narcotics abuse trial process in Indonesia so that it can suppress many cases of narcotics abuse. Cases of drug abuse are often found with sentences below the minimum limit. This study uses normative legal research methods with several approaches, namely the statutory approach and the conceptual approach. Based on the results of these data, this study shows that judges are contrary to the Narcotics Law with an objective minimum standard for violations that endanger society and the state. The judge who examines and adjudicates the case has misapplied the law because he has imposed a sentence with the threat of certain minimum sanctions as stipulated in the laws and regulations. This creates uncertainty in law enforcement which is regulated in the law as it should.How to cite item: Situmorang, Jenifer Maiyola, and Hatarto Pakpahan. “Imposition of Criminal Sanctions for Narcotics Abuse Below the Minimum Limit.†Jurnal Cakrawala Hukum. 14 no. 1 (2023): 21-27. DOI: 10.26905/idjch.v14i1.10048.]]>
<![CDATA[Legal Problems Related to Mineral and Coal Mining Permits ]]>
<![CDATA[Abdillah Dalimunte]]>;
<![CDATA[Mohammad Ghufron AZ]]>;
<![CDATA[Supriyadi Supriyadi]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 14, No 1 (2023): April 2023 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v14i1.9872
<![CDATA[The issues that will be discussed in this research include what are the legal implications of transferring the authority to issue mining permits after the latest publication and what are the regulations regarding mining permits after mining permits are issued. The purpose of this study is to provide a review of legal changes related to the Mineral and Coal Mining Law. This study uses normative legal research methods with several approaches, namely the statutory approach and the conceptual approach. As a result of the transfer of the issuance of mining permits to the central government, it appears that this is aimed at unraveling licensing issues which will later facilitate the investment climate in Indonesia so as to increase Indonesia's economic growth. The impact that occurs is the authority owned by the local government where currently the local government does not have attributive authority in terms of issuing mining permits. Harmonization of Mining Business Permit arrangements means seeking conformity or harmony between laws and regulations so that overlapping regulations do not occur and as a process of establishing laws and regulations to address conflicting matters among the legal norms that have been in effect.How to cite item: Dalimunte, Abdillah, Mohammad Gufron AZ, Supriyadi, “Legal Problems Related to Mineral and Coal Mining Permits.†Jurnal Cakrawala Hukum 14 no. 1 (2023): 76-85. DOI: 10.26905/idjch.v14i1.9872.]]>
