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INDONESIA
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
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Search results for , issue "Vol 18, No 2 (2013): December 2013" : 8 Documents clear
ANALISIS TERHADAP KEKUATAN BARGAINING POSITION PEMERINTAH INDONESIA DALAM KONTRAK KARYA P.T. FREEPORT INDONESIA Ali Imron
Jurnal Cakrawala Hukum Vol 18, No 2 (2013): December 2013
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v18i2.1115

Abstract

Along with the increase of good conviction of objective standard in doing agreement, if hardship happenedbecause of condition change, a contract had to be considered or observed again. The spirit of law no 4 year 2009was to return the authority of mineral and coal management under state domain. However, the principle ofSunt Servanda mine contract pact which had existed before should still have been respected, as long as it wasapplicable. Based on constitution, the Republic of Indonesia government must not have placed themselves inthe same level with a business entity in mining contract. A mandate which had to be done by government wasthat natural resource must have been used optimally for people prosperity. Freeport arrival in Papua sincebeginning was with the purpose or goal of business political expansion which was not fair. It came intoIndonesia with the facility from President Soeharto who was famous as the corruption and repressive government.In democratization and transparency era, work contract which was full of manipulation and which wasnot oriented on people prosperity, the existence was actually not proper to be defended. Thus, if now whathappened was only demand to negotiate the unreasonable working contract, it was a very natural or properthing. It also happened to international trade contract practice. After contract was dealt then the fact changedfundamentally, based on article 6.2.2 UPICCs, the result or consequence could be issued to reconsider therunning contract. The purpose of Reconsidering the content of working contract was to return the disturbedbalance. The problem of Freeport work contract was not only law and justice, but there was an interventioneffect of foreign strength and the interest conflict in Indonesian government administration itself. Thus, one ofimportant points which had to be done to improve the contract was by placing an agent of Indonesian governmentin Freeport management until the end of contract, exactly the agent was put in directors board to watchand monitor so there was no divergence anymore.
PENYALAHGUNAAN POSISI DOMINAN DALAM KEPEMILIKAN SAHAM SILANG Dewi Astutty Mochtar
Jurnal Cakrawala Hukum Vol 18, No 2 (2013): December 2013
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v18i2.1116

Abstract

Unfair competition could happen because of a dominant position of an entrepreneur or businessman who hadcertain goods or service. In this case, businessman could do price regulation, price discrimination, agreementor contract with hard requirements, area distribution etc included in forbidden activities. One of activitieswhich caused the abuse of dominant position was cross share owning. The reflection of this cross share owningwas by owning majority share in some same types of companies that ran same business in the same market. Itcould also be done by building some companies having same business and same market. This thing inflictedfinancial loss to the business which finally created injustice. There were cartel practices, centered domination,etc. It was needed to regulate clearer about majority share especially the limit. If it could not be put in regulationno 5 year 1999, regulation of implementation or realization could be made.
KEBERADAAN BANK TANAH DALAM PENGADAAN TANAH UNTUK PEMBANGUNAN Hairani Mochtar
Jurnal Cakrawala Hukum Vol 18, No 2 (2013): December 2013
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v18i2.1117

Abstract

Construction realization always needed land, and it made land became commodity which made the price of itwent up whereas in construction for public interest, land deliverance was slow even pending. One of thesolutions to gain land for construction was by applying land bank especially public land bank which hadfunctions as land collector, and land management medium in exploiting and using land to be more productiveby gaining or buying land before there was a need so the price of it was cheap. Land supply in constructionrealization which always had a problem that caused physical construction in all fields at a standstill or evenpending was caused by improper regulation and economy and politic change, from democracy economy toneoliberalism capitalism economy. It made commodity land which triggered land liberalism. And the price ofland went up was caused by land speculator. One way to overcome the complexity of land supply problem forconstruction was by implementing land bank which had a function as land collector, as land protector to savesupply and for land exploitation as planned layout which had been legalized.
PERLINDUNGAN INDIKASI GEOGRAFIS PADA PRODUK LOKAL DALAM SISTEM PERDAGANGAN INTERNASIONAL Hendra Djaja
Jurnal Cakrawala Hukum Vol 18, No 2 (2013): December 2013
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v18i2.1118

Abstract

The global concept of intellectual wealth right protection today did not only give protection toward product ofinnovation or technology invention, but also widen the substance on various products which were reallynatural resource so the exclusiveness attached in the product could also show the origin and the characteristicor special character. This kind of product was a commodity which had reputation with high economy valuelocally, nationally and even internationally. In free market era today, protection concept of HKI - TRIPs hadagreed or dealt to give law protection of geographical indication toward goods or processed product producedby society, as it was written in regulation No 15 year 2001 about trade mark and government regulation No 51year 2007 about geographical indication.
PENGANGKATAN SENTANA RAJEG DALAM PERSPEKTIF HUKUM PERKAWINAN ADAT BALI Ketut Meta
Jurnal Cakrawala Hukum Vol 18, No 2 (2013): December 2013
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v18i2.1120

Abstract

Adopting sentana rajeg was adopting their own daughter to change the status to be a son. It was because Balipeople followed patrilineal system, in which the descent line was from man line (father) called purusa line.The purpose of adopting sentana rajeg was to continue the next generation, so a family would not mix. So themain purpose was to continue the next generation, especially as the heirs of the person who adopted her.Besides, there was another reason, namely belief of society saying that only a son could deliver the parentsspirits to come into heaven. Sentana rajeg in her marriage, because she had changed the status to be a man, thehusband (the man) should change the status into a woman. In this case, the woman family would proposemarriage to the man family, and later he would be entered to the woman family. Their marriage was callednganyudin marriage, in which the man changed his status to be a woman, and the woman became a man. Thelaw implication from this marriage was the man, since the wedding, did not have a right on inheritance fromhis father, and he would be the heirs from his wifes family. Their marriage was legal if they had done ceremonycalled meperas ceremony, seen by tetua adat and kepala adat, and it had to be announced to all people in thevillage. Along with the legalized sentana rajeg marriage, the husband of sentana rajeg had changed to be thewife and he had entered the environment of sentana rajeg family. As the heirs, he continued to work the landof ayahan desa. Besides, he also had a right to do the duty as sentana rajeg. One of the important things wasto bury the dead body of the parents, including paying the ceremony of dead body burning, and had to keep thehonor of sentana rajeg family.
PERANAN KOMISI PEMBERANTASAN KORUPSI (KPK) DALAM PEMBERANTASAN TINDAK PIDANA KORUPSI DI INDONESIA Totok Sugiarto
Jurnal Cakrawala Hukum Vol 18, No 2 (2013): December 2013
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v18i2.1123

Abstract

The increase of corruption now could not be categorized as common crime anymore but it had been an extraordinarycrime. The way to wipe it out could not be done commonly too. It also demanded an extraordinary way.Law enforcement to remove the corruption done conventionally so far had various obstacles. Thus, extraordinarymethod of law enforcement was needed by forming a special committee that had a wide and independentauthority and free from any power. The committee was KPK that was formed officially based on regulation No30 year 2002. The normative role and function of KPK was doing investigation and prosecution on the case ofcorruption involving apparatus of law upholder, state operator, and other people who dealt with corruptioncase and dealt with nation loss at least Rp1.000.000.000,- (one billion rupiah). Besides having several strongpoints, in the practice of removing corruption, KPK also had many challenges; some of them were the workingarea of KPK that was too wide, the problem of relationship inter institution of corruption removing, and KPKsocialization had not touched society.
LEBIH MEMBERDAYAKAN ARBITRASE UNTUK PENYELESAIAN SENGKETA BISNIS Wika Yudha Shanty
Jurnal Cakrawala Hukum Vol 18, No 2 (2013): December 2013
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v18i2.1124

Abstract

On normative perspective, court upheld law based on the regulation and justice. Judicature was carried outfast, simple and cheap. However, in practice, judicature process always spent much time because of the formalprocedure. From entering the case to court until decision or finding of court which got the law confirmation, italways needed much time, complicated process, and much money. Especially for businessmen, case or longconflict would inflict financial loss. In business world, special skill was needed to decide special conflict inbusiness world which was not always known by every judge, for example contract. To be able to investigate anddecide those kinds of conflicts completely, it was not enough only having knowledge about regulation as thelaw principle. To make a business conflict completion reflected justice or it could be accepted by all parties, lawsystem gave alternative of conflict completion out of court. By this way, the burden of court was decreased andmore than that the completion which was the will meeting would not cause a new case. The character ofcompletion above became an alternative which had to be passed by all parties in conflict, especially businessconflict, to get the effective solution and to decrease or even to abolish conflict because of business.
ETIKA PROFESI ADVOKAT DALAM PERSPEKTIF PROFESIONALISME PENEGAKAN HUKUM Sunarjo Sunarjo
Jurnal Cakrawala Hukum Vol 18, No 2 (2013): December 2013
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v18i2.1139

Abstract

Profession ethics was a dimensional concept, not only in perspective philosophy that became a principle ofmethodical and systematical elaboration about norm and value which provided the basis of human act. Ethicsas a normative science was dealing with norm or value which decided to evaluate someone whether (s) he is agood or bad human. Profession as a lawyer adhered to someone after doing some steps: having a title as masterof law, joining Training Special for Lawyer Profession (PKPA), passing the examination of Lawyer Professiontest (UPA), being an apprentice at least 2 years in a lawyer office, and being inaugurated in an open or publiccourt in an appellate court. The realization of noble profession (Officium Nobile) was that every lawyer inimplementing their professions had to obey to the profession ethics (code of ethics) and regulation of legislation.One of the most important things was fully obeying the lawyer oath. The thesis was when every lawyerobeyed the three things and it would have good effect for the lawyer and also for the clients and for the nationtoo.

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