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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 9 Documents
 1 
Search results for , issue "Vol 9, No 1 (2018): June 2018" : 9 Documents clear
Pandangan Negara Integralistik sebagai Dasar Philosofische Gronslag Negara Indonesia Riski Febria Nurita; Laga Sugiarto
Jurnal Cakrawala Hukum Vol 9, No 1 (2018): June 2018
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v9i1.1986

Abstract

The idea of an integralistic state of Indonesia that embraces Unity becomes a soul rather than the conception of the form of the Unitary State of the Republic of Indonesia (NKRI), its relationship with the Pancasila can be seen that the Pancasila is a unified whole that cannot be separated. Each precept cannot be separated from one another, the whole precepts describe the existence of a unity or integralistic notion that is in accordance with the spirit of Unity in Diversity. The type of writing used in this paper is Normative Jurisdiction. We can see the assertion of its own integralistic state of understanding and we describe it in the formulation of the One Sila and the third Sila of the Pancasila. Countries that are based on family life, will organize the foundation not only inward, but also outside. Even though the idea of an integralistic state is the idea of a nation state (nationale staat), it does not mean that the Indonesian nation with all the reasons for narrow nationalism (chauvinism) takes actions that can demean other nations by assuming that Indonesia is the only nation that feels superiority and dignity superior to other nations.How to cite item: Nurita, R., Sugiarto, L. (2018). Pandangan Negara Integralistik sebagai Dasar Philosofische Gronslag Negara Indonesia. Jurnal Cakrawala Hukum, 9(1), 59-67. doi:https://doi.org/10.26905/idjch.v9i1.1986
Pertanggungjawaban Pidana Korporasi terhadap Tindak Pidana yang Dilakukan oleh Karyawan Marketing Mohamad Ulin Nuha
Jurnal Cakrawala Hukum Vol 9, No 1 (2018): June 2018
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v9i1.2192

Abstract

This study aims to resolve legal problems that occur related to promotions that mislead consumers and commit fraud against money received from consumers. However, in the criminal justice process only sales are held to be held personally accountable, not corporations who are held accountable. This study examines the legal position of corporations in the criminal justice system in Indonesia, then how to determine corporate errors and criminal liability of corporations in criminal acts of consumer protection. In order to answer this problem, reviewing Court decisions using Law Number 8 of 1999 concerning Consumer Protection is accompanied by theories of corporate criminal liability. Corporations have been recognized as the subject of criminal law in the criminal justice system in Indonesia and if corporate members who commit crimes have a working relationship with the corporation, the crimes committed by corporate members are still within the scope of their work, as well as providing benefits to the corporation. Corporations can be held liable if the authority given to its members is misused. Corporations can be asked for criminal responsibility if the work culture or corporate work system is considered too loose so that it is used by its members to commit crimes. The form of corporate criminal liability is in the form of principal penalties in the form of fines and additional crimes in the form of compensation to consumers.How to cite item: Nuha, M. (2018). Pertanggungjawaban Pidana Korporasi terhadap Tindak Pidana yang Dilakukan oleh Karyawan Marketing. Jurnal Cakrawala Hukum, 9(1), 99-106. doi:https://doi.org/10.26905/idjch.v9i1.2192
Akuntabilitas Keuangan Desa dan Kesejahteraan Aparatur Desa dalam Pengelolaan Keuangan Desa Yusuf Eko Nahuddin
Jurnal Cakrawala Hukum Vol 9, No 1 (2018): June 2018
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v9i1.2111

Abstract

The spirit of the Village building is the key word for the birth of Law No. 6 of 2014 concerning Villages, which must be realized with the efforts of professional village financial management to create community welfare and village apparatus as a juridical consequence of the enactment of Law No. 6 of 2014 concerning Villages relating to autonomous authority to manage village finance accountably for the achievement of village welfare which is a shared desire and noble ideals of the nation and also equally important is to improve the welfare of village apparatus to support these ideals so that they have no potential abuse of authority. Speaking about the village, it is inseparable from the position and authority of the village government, as the lowest government unit in Indonesia which still raises the pros and cons of the village government itself, one of the reasons is Regional Autonomy which lacks assertiveness about the task and authority of the village head , to manage its own finances, the finance obtained by the Village from the APBN (State Revenue and Expenditure Budget) is in the form of ADD (Village Fund Allocation).How to cite item: Nahuddin, Y. (2018). Akuntabilitas Keuangan Desa dan Kesejahteraan Aparatur Desa dalam Pengelolaan Keuangan Desa. Jurnal Cakrawala Hukum, 9(1), 107-116. doi:https://doi.org/10.26905/idjch.v9i1.2111
Perlindungan Hutan Ulayat Masyarakat Hukum Adat Sawai dari Kegiatan Usaha Pertambangan Olvin Hady
Jurnal Cakrawala Hukum Vol 9, No 1 (2018): June 2018
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v9i1.2113

Abstract

This research is aimed to understand and analysis about the incompatibility of national law in the rejection from customary law community of sawai in order to protect the ulayat forest from the mining business activities of PT.WBN. Also this research aimed to give a solution about how to solve the conflict between customary law community of sawai with PT. WBN as a form of legal protection. The type of this research is empirical juridical with juridical sociology approach. The procedure to collect the data is use library research as the technique to analysis and also used the technique analysis of legal material with descriptive qualitative as the method. The result of this research is to show The resistance of law community of sawai is contrary with national law. The right forest is the forest area of customary law community.  The Settlement of the conflict from PT.WBN with customary law community not already find a solution to solve the problem. It is because there is a differences between the price of land acquisition which is unappropriated with the demand of customary law community of sawai. And also there is tendencies from the district government of Halmahera Tengah which is more partiality with PT.WBN.How to cite item: Hady, O. (2018). Perlindungan Hutan Ulayat Masyarakat Hukum Adat Sawai dari Kegiatan Usaha Pertambangan. Jurnal Cakrawala Hukum, 9(1), 68-78. doi:https://doi.org/10.26905/idjch.v9i1.2113
Penerapan Asas Ultimum Remidium dalam Penegakan Hukum Pidana di Bidang Cukai Indrawati Indrawati; Bendito Menezes
Jurnal Cakrawala Hukum Vol 9, No 1 (2018): June 2018
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v9i1.2118

Abstract

Strict efforts in enforcing excise laws, criminal sanctions are used as a tool to provide maximum forced power for the excise duty community. But the truth is that criminal provisions are the last resort when administrative sanctions no longer work optimally. This study uses normative legal research methods. An offense to be categorized as a criminal offense cannot be separated from the legality of the legal subject, namely the BKC businessman and the legal object, namely the BKC and the Excise Band. If one of the legal subjects or legal object is illegal, then the violation committed is a form of criminal offense. In addition, an act can be convicted under the Customs law if it meets the following criteria: explicitly and clearly formulated as a violation, significantly causing state losses, and is a recurring act, or state losses incurred cannot be repaired. The application of the principle of ultimum remidium in law enforcement in the excise sector needs to use the theory of restorative justice to restore state losses caused by criminal offenders in the excise field, and social cost theory to provide additional costs and risks for criminals to dissuade them commit crime.How to cite item: Indrawati, I., Menezes, B. (2018). Penerapan Asas Ultimum Remidium dalam Penegakan Hukum Pidana di Bidang Cukai. Jurnal Cakrawala Hukum, 9(1), 11-20. doi:https://doi.org/10.26905/idjch.v9i1.2118
Tanggung Jawab PT Go-Jek Indonesia terhadap Kerugian yang Diderita Pengemudi Go-Jek Melalui Fitur Go-Food Vanda Widyawati Putri Augustti; Sunarjo Sunarjo
Jurnal Cakrawala Hukum Vol 9, No 1 (2018): June 2018
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v9i1.2119

Abstract

Go-Jek is present in Indonesia as one of the application-based online transportation. GO-JEK Indonesia which provides various service features, one of which is Go-Food. Go-Food is a food delivery service for consumers who want certain foods in a restaurant. In practice, there are obstacles in the form of orders by irresponsible consumers with cash payments, namely fictitious orders and cancellation of orders when food has been paid by Mitra to restaurants. This study uses empirical research methods that will examine 3 (three) problems, namely the legal relationship between the parties in the Go-Food feature, GO-JEK Indonesia's responsibilities, and legal protection against the Go-Jek driver who suffered losses in terms of using features Go-Food by irresponsible consumers. In the use of the Go-Jek application, the parties are subject to an electronic partnership agreement. This agreement is classified as a standard agreement and contains several standard clauses which are prohibited by law which result in the agreement being declared null and void. So it is hoped that this research can help the parties to review the clause on the agreement made and the losses experienced by the Go-Jek driver in using the Go-Food feature by irresponsible consumers can be reduced.How to cite item: Putri Augustti, V., Sunarjo, S. (2018). Tanggung Jawab PT Go-Jek Indonesia terhadap Kerugian yang Diderita Pengemudi Go-Jek Melalui Fitur Go-Food. Jurnal Cakrawala Hukum, 9(1), 89-98. doi:https://doi.org/10.26905/idjch.v9i1.2119
Persinggungan Hukum dengan Masyarakat dalam Kajian Sosiologi Hukum Mushafi Mushafi; Ismail Marzuki
Jurnal Cakrawala Hukum Vol 9, No 1 (2018): June 2018
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v9i1.2168

Abstract

The intersection of law and society in sociological discourse. In this article a lot is explained about dialogical correlation between law and society in social life. Conceptually law and society have mutually complementary relationships related to their existence. In the legal sociology paradigm, society is a resource that gives life (to nature) and moves the law. Whereas the community lives the law with values, ideas and concepts, besides that the community also supports the law by fertilizing the legal awareness (legal culture) of the community to carry out the law. Social changes and legal changes or vice versa do not always take place together. This means that in certain circumstances legal developments may lag behind the development of other elements in society or maybe vice versa. Law is one means of social change that exists in society. Karaena, there is a relationship of interaction between the legal sector and social changes that occur in the community. Conflicts that occur can cause losses, because they are usually accompanied by violations of the rights and obligations of one party to another party.How to cite item: Mushafi, M., Marzuki, I. (2018). Persinggungan Hukum dengan Masyarakat dalam Kajian Sosiologi Hukum. Jurnal Cakrawala Hukum, 9(1), 50-58. doi:https://doi.org/10.26905/idjch.v9i1.2168
Perlindungan Hukum terhadap Tersangka dalam Perspektif Hak Asasi Manusia Harmaji Riswinarno; Teguh Suratman
Jurnal Cakrawala Hukum Vol 9, No 1 (2018): June 2018
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v9i1.2203

Abstract

This research is about legal protection in the perspective of human rights rights of suspects and potential violations in criminal case investigations. The purpose is to protect the rights of suspects, ensure legal certainty and avoid ill-treatment, and know the obstacles. This research is an empirical legal research. Research location at Sidoarjo Regional Police Station. Data analysis using descriptive qualitative, using content analysis techniques. Legal protection of suspect rights in criminal case investigations can be realized properly if there is a commitment to enforce the law seriously, and the community also provides control to reduce potential human rights violations. In Law Number 8 of 1981 concerning the Criminal Procedure Code as a basis, the examination process at the Sidoarjo Regional Police, investigators in the case of investigations of suspects pay attention to their human rights, give freedom to use a Legal Advisor, give freedom when answering investigator questions, do not emphasize when conducting examinations, notify legal counsel or family if the suspect is ill in custody, treats well when investigating.How to cite item: Riswinarno, H., Suratman, T. (2018). Perlindungan Hukum terhadap Tersangka dalam Perspektif Hak Asasi Manusia. Jurnal Cakrawala Hukum, 9(1), 31-39. doi:https://doi.org/10.26905/idjch.v9i1.2203
Dasar Pertimbangan Hakim dalam Memutus Tindak Pidana Perkosaan yang Dilakukan oleh Anak Imam Slamet; Setiyono Setiyono
Jurnal Cakrawala Hukum Vol 9, No 1 (2018): June 2018
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v9i1.2209

Abstract

Children as the next generation need guidance both for growth and physical, mental, sausage and protection development that will endanger them and the nation in the future. Protection of girls is very important because there are many cases of rape of women. The problems that will be examined in this study, namely: What are the factors that encourage children to commit rape crimes? and What is the basis of consideration for judges in imposing criminal decisions on children who commit rape crimes? This study uses normative-empirical research. Factors that encourage children to commit rape crimes include: psychological factors, family factors and environmental factors and economic factors, therefore all existing components must be involved in the development and development of children, so that children do not do deeds from the norm -the existing status. A child judge in making a decision on a child who commits a rape crime bases consideration on a juridical foundation, in the form of legislation related to a criminal act committed by a child. The judge may not drop the cumulative sentence, and limit the maximum sentence imposed.How to cite item: Slamet, I., Setiyono, S. (2018). Dasar Pertimbangan Hakim dalam Memutus Tindak Pidana Perkosaan yang Dilakukan oleh Anak. Jurnal Cakrawala Hukum, 9(1), 40-49. doi:https://doi.org/10.26905/idjch.v9i1.2209

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