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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 6 Documents
 1 
Search results for , issue "Vol 8, No 2 (2017): December 2017" : 6 Documents clear
ANALISIS PERJANJIAN KERJASAMA PENGELOLAAN PARIWISATA ULUN DANU BERATAN DESA PAKRAMAN CANDI KUNING KABUPATEN TABANAN I Gusti Putu Arya Gunawan
Jurnal Cakrawala Hukum Vol 8, No 2 (2017): December 2017
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v8i2.1666

Abstract

This writing aims to analyze the cooperation agreement of Ulun Danu Beratan tourism management between the Local Government of Tabanan Regency with Pakraman Candi Kuning Village. With the formulation of issues such as whether the form of cooperation agreement has met the requirements of the agreement law, and Why cooperation agreements reflect more justice than the cooperation agreement of tourism management Tanah Lot. The research method used is the normative legal method, the approach used is the approach of legislation and concept approach. The results of this study note that the agreement is in accordance with the requirements of the validity of an agreement and in accordance with Government Regulation No. 50 of 2007 on Procedures Implementation of Regional Cooperation. While the form of the agreement is made with the agreement under the hands. The cooperation agreement is contradictory to Article 179 paragraph (4) of Regulation of the Minister of Home Affairs Number 19 of 2016 concerning Guidance on Management of Regional Property, the cooperation agreement must be made by notarial deed, so that the cooperation agreement has strong evidentiary power in case of dispute in court and the agreement reflects justice compared to theTanah Lot tourism cooperation agreement. DOI: https://doi.org/10.26905/idjch.v8i2.1666  
PEMILIHAN UMUM DALAM SISTEM DEMOKRASI PRESPEKTIF SILA KE- 4 PANCASILA Yusuf Eko Nahudin
Jurnal Cakrawala Hukum Vol 8, No 2 (2017): December 2017
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v8i2.1670

Abstract

Elections are a manifestation of democracy reflecting the fourth principle of Pancasila. Elections that prioritize the dialogical approach of vision and mission as a solution to the nation’s problems undertaken by election participants who truly reflect the soul-bearing souls of Pancasila. Selected individuals who meet the criteria of lection are credibility, integrity and acceptability as well as popolarity due to achievement, dedication and loyalty to the nation and country that are worthy to lead this country. The development of many election participants who can not reflect the value of democracy according to the 4th principle of Pancasila. The method used is normative with the approach of norms and existing theories reviewed to solve the issues raised. The use of political parties plays a major role in creating elections that reflect the value of Pancasila. Pancasila is the foundation of the nation’s philosophy is the root of life of the nation of Indonesia in carrying out its life must always be held firm. General election merupkan form of democracy that berprespektif Pancasila to seek leaders of noble personality who practice Pancasila so as to bring progress and prosperity of the nation and state of Indonesia.DOI: https://doi.org/10.26905/idjch.v8i2.1670
PERJANJIAN PERKAWINAN PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 69/PUU-XIII/2015 Oken Shahnaz Pramasantya
Jurnal Cakrawala Hukum Vol 8, No 2 (2017): December 2017
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v8i2.1671

Abstract

The Constitutional Court issued Decision Number 69 / PUU-XIII / where the marriage agreement was held after the marriage took place. Why the Constitutional Court allows the making of marriage contracts after marriage takes place. This study analyzes the legal considerations of the Constitutional Court judges in allowing marriage agreements to take place after the marriage takes place in accordance with the values of justice, as well as analyzing the legal implications of property of marriage agreements made after marriage in the event of any one of the injured parties. This research method is normative juridical. Based on the results of the study that the Marriage Agreement made after the marriage took place could potentially cause harm and injustice for third parties. Third-party interests also become unprotected. Regarding the time of entry into force of the Marriage Agreement made after the marriage takes place and in the Decision of the Constitutional Court Number 69 / PUU-XIII / 2015 in its verdict contained in point 1.5. and 1.6. raises a legal uncertainty. Third parties and husbands or wives who are harmed by the making of the Marriage Agreement after marriage take place may claim compensation and cancellation to the District Court.DOI: https://doi.org/10.26905/idjch.v8i2.1671
KAJIAN HUKUM TERHADAP REPRESENTASI KEPEMIMPINAN WANITA SEBAGAI WUJUD BIROKRASI YANG PROFESIONAL Riski Febria Nurita
Jurnal Cakrawala Hukum Vol 8, No 2 (2017): December 2017
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v8i2.1675

Abstract

Convention on the Elimination of All Forms of Discrimination Against Women 1979, has ratified Indonesia as the Law of the Republic of Indonesia Number 7 Year 1984 About Ratification of the Convention Concerning the Elimination of All Forms of Discrimination Against Women. In relation to the ratification of the Convention on Women, among others, means to promote the widest possible extent of women’s rights, Indonesia guarantees for women, on equal terms with men, to protect their rights. This research focuses on legal studies related to the impact of the ratification in realizing the contribution of women’s role in contribution. The method used is the approach of law and case approach to solve the problem of women’s leadership representation as a professional bureaucracy after Indonesia ratified the women’s convention. The form of implementation of the law which is the ratification of the international women convention is not implemented in every life of the nation and state, there are still many misuse and injustice to the role of women in bureaucracy in Indonesia. The ratification requires the government to prioritize the right of women as leaders to realize a professional bureaucracy.DOI: https://doi.org/10.26905/idjch.v8i2.1675
PENERAPAN HUKUM PROGRESIF DALAM PERKARA PIDANA DI BIDANG NARKOTIKA Indrawati Indrawati
Jurnal Cakrawala Hukum Vol 8, No 2 (2017): December 2017
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v8i2.2117

Abstract

Narcotics abuse has become a necessity in the modern world. Law No. 35 of 2009 on Narcotics is strictly regulated on what actions can be categorized as criminal offenses and what sanctions will be faced by those legally and convincingly proven to be the perpetrators of narcotics abuse. In the past 5 years, the government has massively enforced law enforcement and law enforcement in the field of narcotics and has sent dozens of people to challenge death against firing squads in the execution process. Fidelis a civil servant from Sanggau West Kalimantan, was arrested by the BNN apparatus for being proven to plant marijuana at his home. Through a process integrated in the Indonesian criminal justice system, the judge finally ruled that Fidelis was legally and convincingly guilty and sentenced to 8 months in jail plus a fine of 1 billion 1-month subsidence cage. Many parties admit it because Fidelis should be tried and punished, but many also praise the courage of the judge who has decided the case by using the attachment of progressive legal theory.DOI: https://doi.org/10.26905/idjch.v8i2.2117
KEBIJAKAN FORMULASI TINDAK PIDANA PENCEMARAN NAMA BAIK DALAM BIDANG TEKNOLOGI INFORMASI Galih Puji Mulyono
Jurnal Cakrawala Hukum Vol 8, No 2 (2017): December 2017
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v8i2.1669

Abstract

The current legal regulation related to the formulation of criminal defamation in information technology is the problem of legal obscurity that causes juridical problem in its implementation. The method used in this research is by normative research method. The approach used to analyze the problem is the approach of the law and the comparative approach. The purpose of this paper is to provide an appropriate view to solve the legal issues raised. Criminal law formulation policies related to criminal defamation in information technology should be conducted through a humanist, cultural and religious value oriented approach integrated into a policy-oriented rational approach. The formulation of criminal defamation should be formulated in detail of subjective and objective elements in criminal defamation. With a formulation policy tailored to the comparative approach of the law that can be used as a contribution to the science of legal obscurity so as not to create multiple interpretations in the meaning of criminal defamation in practice and avoid social conflict.DOI: https://doi.org/10.26905/idjch.v8i2.1669

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