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[RESTORATIVE JUSTICE TERHADAP PENGGUNA NARKOTIKA DAN OBAT OBATAN BERBAHAYA ]]>
<![CDATA[Hatarto Pakpahan]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 6, No 2 (2015): December 2015 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v6i2.1448
<![CDATA[Narcotic user who does not involved with illegal narcotics dealer based on Narcotic Act Number 35 of 2009, isverdicted by prison criminal sanction. Those sanction is based on principle with the criminal act did by otherperpetrator with verdict of another Article on the act as well. This is kind of ironic, because narcotic user is notincluded in drug cartel is the real victim of narcotic misuse, so that the criminal sanction that ideally appliedshould be the one who represent restorative justice value. Restorating in term of healing based on narcotic userin which they are the sick victim to be healed not prisoned]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP AKSES DAN PEMANFAATAN SUMBER DAYA GENETIK ]]>
<![CDATA[Hendra Djaya]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 6, No 2 (2015): December 2015 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v6i2.1449
<![CDATA[Indonesia do not have the legal system comprehensive national in connection with the protection of geneticresources.The current law, still in cutting and or partial effective if problems linked to maintain the law.Thestate of having of absolute right to protect wealth of biodiversity in which includes genetic resources.With theratification of various international convention such as GATT, TRIPS, WTO, CBD, Cartagena and NagoyaProtocol,Indonesia bound to implement the through national law.Protection of genetic resources, associated with two legal concept that: (1), legal concept protection intellectualproperty right and; (2) Legal concept protection germ plasm especially genetic resources plants.The differenceis that the protection of intellectual property associated with genetic resources, is disliked exclusive rights forexample, the Plant Variety Protection and Patent. While the protection of access and the utilization of geneticresources is disliked communal on the use of farmers tardisional of genetic resources is not exclusive.That access to resources genetic run well, we need to by controlling the maximum as the provisions of the act ofact number 11 of 2013 regarding the ratification of the Nagoya Protocol. That the purpose of the effectivenessof the protection of genetic resources in the future reach goodness in the process of legislation, harmonizationgood law principle and a norm law need to be carried out optimally. Several points important that needattention, among others, about standard funds, substance agreement diversion genetic material, percentageshare of the profits, protection intellectual property as well as institutions supervision.]]>
<![CDATA[PENGADAAN TANAH UNTUK PERKEBUNAN KELAPA SAWIT DALAM PERSPEKTIF LINGKUNGAN HIDUP ]]>
<![CDATA[H Joni]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 6, No 2 (2015): December 2015 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v6i2.1452
<![CDATA[Land procurement is every activity to get land by movement right of land or by transfer of right of land bycompensation to the deserved one. In land procurement process for palm oil garden, first thing to do is to observethe available land, whether is State land, Land of Right or Land Right Management. Oil Palms Corporation is theone who get land is has to observe the land claim rules in which provided by National Land Law, which is thelocation and available land status. In term land procurement, sometimes it will be facing problem. Indigenouspeople is still to release their right of land because they are already emotionally binding with the land. Becausethey are certain that the land has power so it can not be released. Besides of that, all of people activities is centeredon the land, such as farming, gardening, indigenous or religious activity. The point is, land is unseparatable partfrom all daily activities, not only land has emotional bind (religious-magic) with the people, but also with waterand forest. Because of that land procurement for oil palm has to observe land rights that already attached to theland that possessed by indigenous people. After land possession is appropriate by the Location Permit, Corporationcan propose Right of Business to National Land Institution with terms applied.]]>
<![CDATA[PROSES PENEGAKAN HUKUM DAN UPAYA PENGENDALIAN MASALAH LINGKUNGAN HIDUP ]]>
<![CDATA[H.M Erman Amin]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 6, No 2 (2015): December 2015 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v6i2.1453
<![CDATA[In environmental aspect, one of the main element is the existence of interaction and this element is called themechanic element. It is called by then, because by those element composing interaction between environmentalelements. Interaction process between human and their environment is called ecosystem. This ecosystem is notonly occurred between human and their environment, but also with other creatures. On technical pahse there aresynthesis. In this process, it is can be ignored the effect between one factor to another factor because of it will causedchain reaction to the environmental law enforcement. Beside of those factors, there are problem which occurrednaturally such as a great number of Indonesia population and separated in some lands so potentially they havedifferent law perspective, the lack of law awareness, the law enforcer itself still learn the whole part of environmentallaw, and there is problem of funding. All those problem will be tackled if there is teamwork between government,society and businessman in order to resepect the rights and do their obligation as stated in Management andProtectionof Environment Act. Naturally, human have to have high awaraness in run environmental law, aboutthemanagement and conservation. Because human has sociological and biological relation with environmentwherethey live. Even the environmental law is good, if there is no awareness it will be useless.]]>
<![CDATA[KEWENANGAN MAHKAMAH AGUNG DALAM EKSISTENSI PEMBINAAN HAKIM MILITER PADA PENYELESAIAN SENGKETA TATA USAHA MILITER ]]>
<![CDATA[Raditya Feda Rifandhana]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 6, No 2 (2015): December 2015 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v6i2.1454
<![CDATA[Indonesia is a state of law in the formation of the constitutional state is mandated by the constitution, state lawcan not be separated from the court has the authority to resolve the issue or dispute, in the common cases likeweddings resolved in religious courts, cases related to state the administration disputes resolved state administrativecourt, but the realm of the dispute to the field of infringement decisions of military rule finalized inAdministrativeCourts military, for now the Supreme Court in cooperation with the military Court Highalongwith the military Court more by providing technical guidance judiciary to the military judge inresolvingdisputes and the administration of military in the form of education and training]]>
<![CDATA[DINAMIKA DAN PERKEMBANGAN KONSTITUSI REPUBLIK INDONESIA ]]>
<![CDATA[Riski Febria Nurita]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 6, No 2 (2015): December 2015 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v6i2.1455
<![CDATA[Formation of the Indonesian constitution is full of struggle starting from the design process to legalization,done by BPUPKI (Committee for Preparatory Work for Indonesian Independence) or called by DokuritsuZyunbi Tyoosakai, investigators Agency was then formed Basic law, which is planned to cater for independentIndonesia. Basic Law BPUPKI it works by trial PPKI (Committee for Indonesian Independence) August181945 serve as the draft text of the Constitution of the Republic of Indonesia and eventually passed by PPKIandAct of 1945 that eventually became the constitution in our country. Indonesia has been a change in theConstitutionas much as four times include: 1). Act of 194 5; 2). The Constitution RIS (Republic of Indonesia)in1949; 3). While the Constitution of 1950; 4). With the issuance of Presidential Decree dated July 5, 1959,theconstitution in Indonesia back in the Constitution of 1945. Ahead of the 1999 elections, increasing theintensityof political conflict. The condition continues until the implementation of the first amendment to the1945Constitution of the MPR general session 1 until October 20, 1999. Thus, in this situation the firstamendmentof 1945 Constitution in progress, and proceed with the second amendment to the fourth startingfrom1999 until by 2002 with all the problems encountered in these moments.]]>
<![CDATA[MASALAH LINGKUNGAN HIDUP INDONESIA MENGHADAPI ERA GLOBALISASI ]]>
<![CDATA[Rusdiyanto, Rusdiyanto]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 6, No 2 (2015): December 2015 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v6i2.1456
<![CDATA[In a global dimension, Indonesia is part of global society itself. Geographically Indonesia become strategic aspart of good enviromental embodiment. It is given awareness that Indonesia should obey international law.The thing is, beside natural resources greatly contribute to the country development, on the other hand thesustainability of natural resources availability is ignored. The rule of law that should be obey as a ground toexecute the management from economic sector is abandoned as well. The result is there is tendency of rapidlydecline of the capacity environment. Management of natural resources en environmental is not executedproperly with the capacity can affect food crisis. On the management dimension, it is realised that technologicaland industrial based development in order to maintain economic growth usually bring negative effect to theenvironmental,so that threatening sustainability of living things, especially serenity and calmnes humanslife,this is what called as environmental damage caused by human act.]]>
<![CDATA[PERAN DPRD DALAM PENCEGAHAN KORUPSI KOLUSI DAN NEPOTISME DI DAERAH ]]>
<![CDATA[Supriyadi Supriyadi]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 6, No 2 (2015): December 2015 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v6i2.1458
<![CDATA[As normatively stated in law regulation, in which existence of The Regional Representatives Council (DPRD)has main function to runs legislation function, budgeting function and supervision function. Among those threefunctions, supervision function is actually hold important and strategic in order to create clean and transparentgovernment to bring society welfare. Those function can be played by The Regional Representatives Councilthrough reposition its function in parallel with issues rise in society such as corruption, collution and nepotism.Surely that is not an easy one, since it is needed political commitment to maintain good ethic and good act, the willfrom all of Representative member and Political Party which placed their representative in The Regional RepresentativesCouncil to change and build good image and prove to the public as representative institution thatclean,open, especially related with fund and budget, organized value system through consistency of job andfunction,system running that support internal supervision, faction support to freedom of action of the memberwithoutblocked by political part policy that not pro-people, also reward giving for the representative memberwhodeserve. By looking on those factors, the functions of The Regional Representatives Council especiallysupervisionfunction will effectively take part in prevent corruption, collution and nepotism.]]>
<![CDATA[ASPEK SOSIOLOGIS PERAN SERTA MASYARAKAT DALAM PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP ]]>
<![CDATA[Suriansyah Murhaini]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 6, No 2 (2015): December 2015 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v6i2.1459
<![CDATA[Sociological aspect of society role in environmental management and protection is close related with law andsocial aspect. Environmental management and protection is demanded to develop a integrated system that hasto run obedient and consistent from central to regional. Government role in environmental management especiallyto determine priority, through consider ecological interest, which ended with political decision. Societyroleby individual, NGO or corporation is consequences from right of good and healthy environment thatcanimplemented in administrative procedure. That role is a legal procedure that can efficiently affect to thequalityand decision making process that related to environmental, so that the arrangement is needed toregulateadministratively. Transparency in environment management is really essential, whereas the role is acontinuityfrom transparency can form in objection before decision is made. In the position as society protector,governmentshould has good paradigm in relation with environment. The reflection is making an exact lawregulationand reflect environmental pro political will. The political will that writtenly formed can be saviorofcorrelation between human and environmental and the good comes back to them as well.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP SAKSI DAN KORBAN KEJAHATAN DALAM PROSES PERADILAN PIDANA DI INDONESIA ]]>
<![CDATA[Taufik Hidayat]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 6, No 2 (2015): December 2015 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v6i2.1460
<![CDATA[Law enforcement procedure for penal law in indoensia, statment by witnes has one of something imporent for findingthe fact in criminal case, so very importen the witnes and victim protection in procedur penal law. The establishmentof Witness and the Victim Protection Regulation is considered to be very important to protect their individual rights.The formulation of witness protection regulation is a phenomenon in the Indonesian criminal law procedure as thesub-system of penal law. The enforcement of this sub-system will always face the law enforcement officers. In theenforcement of witness protection law, it is found that the witnesses often are not under the protection. Even, theycould turn to be the victims. Thats why the formulation of the policy of witness protection program requires theharmony between the Penal Code and the Criminal Law Procedure. The witness and victim Protection laws are themagnum opus in the development of Indonesian Penal law. This law inspires the Indonesian Human Rights,especially, the witness and the victim rights in the penal law process. Thus, the witness protection program wouldbecome the standard procedures in the formulation of the Indonesian criminal law.]]>
