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[The Significance of Computer Forensics in Electronic Documents as Evidence in Criminal Law ]]>
<![CDATA[Aris Hardinanto]]>;
<![CDATA[Barda Nawawi Arief]]>;
<![CDATA[Joko Setiyono]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 14, No 2 (2023): August 2023 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v14i2.10820
<![CDATA[Forensic science standards, no crime never leaves traces. Along with the emergence of cybercrime, a new type of evidence emerged as an expansion of conventional evidence in Indonesian criminal procedural law, namely electronic evidence as stated in the Law on Electronic Information or electronic documents whose authenticity can be guaranteed, but there is no further explanation. Further, what is the procedure for guaranteeing its authenticity? Based on this, not all electronic information or documents can be used as evidence. One branch of forensic science that is relevant to proving cybercrimes is computer forensics. The problem that arises is to what extent is the significance of computer forensics to guarantee electronic information or electronic documents as evidence. This article was based on legal research using a conceptual, statutory, and case approach. The result of this study is that computer forensics plays a significant role in the crime of illegal access to electronic devices because it is a tool in criminal procedural law that can be used to guarantee the authenticity of electronic information or electronic documents so that they can be accepted as evidence in court.How to cite item: Hardinanto, Aris, Barda Nawawi Arief, and Joko Setiyono. “The Significance of Computer Forensics in Electronic Documents as Evidence in Criminal Law.†Jurnal Cakrawala Hukum 14 no. 2 (2023):155-166. DOI: doi.org/10.26905/idjch.v14i2.10820.]]>
<![CDATA[The Ideality of Implementing Administrative Sanctions Against Environmental Damage ]]>
<![CDATA[Muhammad Rizky Akbar Ismail]]>;
<![CDATA[Lego Karjoko]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 14, No 2 (2023): August 2023 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v14i2.10420
<![CDATA[Based on the Government Regulation in Lieu of Law, it has reduced and changed the nomenclature for the imposition of administrative sanctions against environmental pollution and damage. As regulated in the Implementation of administrative sanctions from the instrument, five points are regulated by the government sanctions instrument. This article uses normative research methods with statutory and analytical approaches. Using primary and secondary data types using deductive logic analysis methods. The results of this study indicate that there is a change in administrative sanction arrangements, especially in administrative fines, where there is no specific indicator in providing the amount of fines. The revocation of business licenses is certainly in line with Good Governance, which lies in legal certainty, effectiveness, and efficiency. This is because the government has full responsibility for the legal position that is made to be implemented as fairly as possible. In addition, the government plays an active role in maximizing administrative law instruments wisely and responsibly.How to cite item: Ismail, Muhammad Rizky Akbar, and Lego Karjoko. “Ideality of Implementation Administrative Sanctions Against Environmental Damage in Indonesia.†Jurnal Cakrawala Hukum 14 no. 2 (2023): 200-211. DOI: 10.26905/idjch.v14i2.10420.]]>
<![CDATA[Local Wisdom as the Basis for Determination of Legislation Related to Public Order ]]>
<![CDATA[Abdul Madjid]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 14, No 2 (2023): August 2023 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v14i2.10843
<![CDATA[This paper reviews how the mechanism for absorbing local wisdom values in the formation of criminal sanctions in the process of forming regional regulations in districts, namely Ponorogo, Magetan, and Madiun Regencies, East Java Province. This research is empirical legal research using a juridical-sociological approach. Based on the results of the discussion, local wisdom in the studied districts, which is characterized by sociological studies as a Mataraman cultural character, does not exist in the formation of local regulations on public order. It can be seen that there are differences in the determination of criminal sanctions in regional regulations regarding public order. This is because there is still a need for more specific regulations governing the mechanism for forming regional regulations to accommodate the interests of local wisdom to be contained in norms as sanctions in regional regulations. Thus, in the future, it is necessary to develop national standard parameters for making regional regulations and design a linkage mechanism between these standard mechanisms and the legal values of local life that live in society, which can bridge the two domains.How to cite item: Madjid, Abdul. “Local Wisdom as the Basis for Determination of Legislation Related to Public Order.†Jurnal Cakrawala Hukum 14 no. 2 (2023): 114-125. DOI: 10.26905/idjch.v14i2.10843.]]>
<![CDATA[Model Countermeasures Children which Commit Crimes in Review Restorative Justice ]]>
<![CDATA[Arfan Kaimudin]]>;
<![CDATA[Hisbul Luthfi Ashsyarofi]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 14, No 2 (2023): August 2023 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v14i2.10783
<![CDATA[This study describes the model settlement of cases through non-penal channels for crimes committed by children according to Act 11 of 2012 concerning the Juvenile Criminal Justice System with prioritizing restorative justice so that children who commit crimes are not stigmatized negatively. The Juvenile Criminal Justice System concept has included solving problems in a family manner or for children in conflict with the law, formally known as diversion. Diversion exists to divert the settlement of child cases from the criminal justice process to processes outside criminal justice. Diversion exists to prevent children who conflict with the law from the negative impacts of the criminal justice process on children. United Nations Standard Minimum Rules for the Administration of Juvenile (The Beijing Rules) have provided guidelines to prevent children in conflict with the law from negative impacts, namely by giving law enforcers the authority to take action in handling or resolving the problems the child offenders by not taking courts, among others stopping or not continuing or releasing or returning or handing over to society and other forms of social service activities.How to cite item: Kaimuddin, Arfan, and Hisbul Luthfi Ashsyarofi. “Model Countermeasures Children Who Commit Crimes in Review Restorative Justice.†Jurnal Cakrawala Hukum 14 no. 2(2023): 134-145. DOI: 10.26905/v14i2.10783.]]>
<![CDATA[The Principle of Good Faith in Settlement of Default Disputes Through Judicial Mediation ]]>
<![CDATA[Wika Yudha Shanty]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 14, No 2 (2023): August 2023 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v14i2.10863
<![CDATA[Mediation based on good faith is one of the characteristics of the Indonesian nation to resolve disputes that occur, starting from the smallest scope, namely the family, to the large scope, such as in government and statehood. With the birth of the Supreme Court Regulation of the Republic of Indonesia Number 1 of 2016 concerning Mediation Procedures in Court. Focus on this article on the nature and implications of the principle of good faith in resolving default disputes due to the non-implementation of agreements through judicial mediation. So it is hoped that the mediation process can overcome the problem of case accumulation. If a dispute can be resolved through mediation, there is no need for further legal remedies such as appeals, cassation, and even judicial review, which leads to the Supreme Court, so there is a buildup of cases. In addition, the mediation process, which is a non-litigation process, is a faster settlement process and has low costs compared to the litigation process through trial.How to cite item: Shanty, Wika Yudha. “The Principle of Good Faith in Settlement of Default Disputes Through Judicial Mediation.†Jurnal Cakrawala Hukum 14 no. 2 (2023): 223-233. DOI: 10.26905/idjch.v14i2.10863. ]]>
<![CDATA[Normative Problems Guaranteeing the Rights of Labor Fishermen in the Job Creation Law ]]>
<![CDATA[Dhaniar Eka Budiastanti]]>;
<![CDATA[Galih Puji Mulyono]]>;
<![CDATA[Dewi Ayu Rahayu]]>;
<![CDATA[Bintang Ulya Kharisma]]>;
<![CDATA[Selvi Andriani]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 14, No 2 (2023): August 2023 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v14i2.10864
<![CDATA[The substance of the Job Creation Act in Indonesia covers all areas of law. This paper only examines the elements of labor law, especially those related to guaranteeing legal rights for labor fishermen in Indonesia. This research is based on legal problems where the legal relationship between fishermen and labor fishermen is from the point of view of the Job Creation Act, so the ultimate goal of this research is to explain the guarantee of labor fishermen's rights. The approach used in this research is normative juridical by collecting data collection tools in the form of normative literacy studies related to these problems. The working relationship between owner and labor fishermen is legal because all these jobs contain elements of an employment relationship. The type of work agreement made between owner fishermen and labor fishermen is a verbal agreement. The legal consequence is that the rights of labor fishermen after the termination of employment are not granted due to the low position of labor fishermen. All workers, especially labor fishermen, should accept the rights in the Job Creation Law.How to cite item: Budiastanti, Dhaniar Eka, Galih Puji Mulyono, Dewi Ayu Rahayu, Bintang Ulya Kharisma, and Selvi Andriani. “Normative Problems Guaranteeing the Rights of Labor Fishermen in the Job Creation Law.†Jurnal Cakrawala Hukum 14 no. 2 (2023): 167-176. DOI: doi.org/10.26905/idjch.v14i2.10864.]]>
<![CDATA[Prevention of Terrorism with a Regulatory Model of Violent-Based Extremism that Leads to Terrorism ]]>
<![CDATA[Agung Mafazi]]>;
<![CDATA[Hery Lilik Sudarmanto]]>;
<![CDATA[Satriyani Cahyo Widayati]]>;
<![CDATA[Fauziah Hanum]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 14, No 2 (2023): August 2023 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v14i2.10814
<![CDATA[Among the reasons behind the occurrence of criminal acts of terrorism is the existence of radical terrorism, which can then develop into violent-based extremism that ends in terrorism. Understanding beyond the limits of normal based on the justification of acts of violence or threats of violence to support the occurrence of criminal acts of terrorism is referred to as acts of violence-based extremism that lead to terrorism. This is under the definition of violence-based extremism that leads to terrorism in article 1 point 2 of the Presidential Regulation of the Republic of Indonesia Number 7 of 2021 concerning the National Action Plan for the Prevention and Mitigation of Violent-Based Extremism Leading to Terrorism 2020-2024, which states that “Violent-Based Extremism Leading to Terrorism are beliefs or actions that use violence or threats of extreme violence intending to support or commit acts of terrorism. The beliefs or actions of these people or groups of people then receive the attention of the State so that efforts can be made to prevent the development of beliefs or actions aimed at supporting terrorism into crimes that can threaten the stability of state security, namely terrorism.How to cite item: Mafazi, Agung, Hery Lilik Sudarmanto, Satriyani Cahyo Widayati, and Fauziah Hanum. “Prevention of Terrorism with a Regulatory Model of Violent-Based Extremism that Leads to Terrorism.†Jurnal Cakrawala Hukum 14 no. 2 (2023): 126-133. DOI: doi.org/10.26905/idjch.v14i2.10814.]]>
<![CDATA[Ease of Access to Proof of Land Ownership as a Principle of Information Disclosure ]]>
<![CDATA[Khotbatul Laila]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 14, No 2 (2023): August 2023 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v14i2.10910
<![CDATA[Ease of access to excerpts of the letter C land book as proof of ownership of land rights by the village government in the framework of public information disclosure is urgently needed at this time in order to reduce legal conflicts over land disputes. The research method uses empirical legal research with a sociological juridical approach. The results of the research show that the village government is guided by the provisions of the applicable laws and regulations. The village government publishes a description of the history of the land based on the letter C book in the village to be given to the applicant provided that the applicant is a party that has a legal relationship with the object for which letter C is requested. Obstacles faced by the village government in providing easy access to excerpts from letter C as proof of ownership of land rights in order to realize public information disclosure and an alternative solution, namely the disorganization of village administration, especially in the village letter C book.How to cite item: Laila, Khotbatul. “Ease of Access to Proof of Land Ownership as a Principle of Information Disclosure.†Jurnal Cakrawala Hukum 14 no. 2 (2023): 177-188. DOI: doi.org/10.26905/idjch.v14i2.10910.]]>
<![CDATA[Legal Review of Clauses in Fire Insurance Policies ]]>
<![CDATA[Mas Rara Tri Retno Herryani]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 14, No 2 (2023): August 2023 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v14i2.10815
<![CDATA[Insurance is an important thing to have if there is a risk of something detrimental happening. Insurance is regulated in laws and regulations. In addition, setting fire insurance policies based on applicable legal norms will create legal certainty for the parties involved in the insurance agreement. Normative legal research which is often also called doctrinal legal research focuses on activities carried out by examining literature and secondary data in the form of primary and secondary legal materials. The insurance policy contains the terms contained in the insurance agreement. This policy can be considered the same as a clause in a civil agreement. A cause is said to be contrary to the law if the contents of the cause in the relevant agreement are contrary to the law if the contents of the cause in the relevant agreement are contrary to the applicable law. Determining whether the cause of an agreement is contrary to decency (geode seen) is not an easy matter because the term deficiency is very abstract, the contents of which can vary between one region and another or between one community group and another. In addition, people's evaluation of disability can also change according to the times.How to cite item: Herryani, Mas Rara Tri Retno. “Clauses in the Fire Insurance Policy that are by with Legislation in Indonesia s.†Jurnal Cakrawala Hukum 14 no. 2 (2023): 189-199. DOI: 10.26905/idjch.v14i2.10815.]]>
