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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 8 Documents
 1 
Search results for , issue "Vol 9, No 2 (2018): December 2018" : 8 Documents clear
Batasan Kewenangan Penyidik Anak Terkait Pelaksanaan Diversi dalam Proses Penyelesaian Perkara Tindak Pidana Anak Megah Novita Endriyanti; Nurini Aprilianda; Abdul Madjid
Jurnal Cakrawala Hukum Vol 9, No 2 (2018): December 2018
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v9i2.2259

Abstract

This paper aims to analyze the limits of the authority of the child investigator related to the implementation of diversion in the process of resolving cases of child crimes. To answer the purpose of this paper, normative legal research is used, using the legal approach and case. The results of the study indicate that child investigators in solving cases of child crimes can apply discretion related to the implementation of diversion. The authority limit for discretion of child investigators, namely the reason for implementing diversion that does not fulfill the implementation requirements in the SPPA Law, must be logical and reasonable, not for serious crimes such as criminal acts against the body and life, and not repetitive crimes. In the case of theft with weights, the results of which have been determined by the Chairperson of the Pasuruan City District Court, discretion is taken by the police with various considerations. One of them is because the perpetrators and the victims agreed that the case would be settled in a family manner because the perpetrator still had a brotherly relationship with the victim. Therefore, with several agreements the victims decided to settle the case outside the court process, namely diversion.How to cite item: Endriyanti, M., Aprilianda, N., Madjid, A. (2018). Batasan Kewenangan Penyidik Anak Terkait Pelaksanaan Diversi dalam Proses Penyelesaian Perkara Tindak Pidana Anak. (2), 204-213. doi:https://doi.org/10.26905/idjch.v9i2.2259
Reformulasi Pengaturan Leniency Program dalam Hukum Persaingan Usaha Indonesia (Perbandingan Leniency Program Di Brazil) Devy Monica; Hanif Nur Widhiyanti; Afifah Kusumadara
Jurnal Cakrawala Hukum Vol 9, No 2 (2018): December 2018
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v9i2.2725

Abstract

This paper is motivated by the inclusion of problems regarding the Leniency Program in the RUU tentang Larangan Praktek Monopoli dan Persaingan Usaha yang Tidak Sehat. The main cartel characteristic is the high level of confidentiality. Closed information for outsiders, and communication made secretly. Based on fact, KPPU is having trouble to obtain direct evidence. Therefore, to overcome this matter, during this KPPU Decision in cartel case, KPPU uses indirect evidence some of the decisions are canceled District Court and / or Supreme Court, on the one hand there are also strengthened by District Court and / or Supreme Court. Brazil is a country in Latin America that has a successful Leniency Program. The purpose of this paper by knowing the Leniency Program setting in Brazil, can be used as reference in the renewal of business competition law in Indonesia.How to cite item: Monica, D., Widhiyanti, H., Kusumadara, A. (2018). Reformulasi Pengaturan Leniency Program dalam Hukum Persaingan Usaha Indonesia (Perbandingan Leniency Program Di Brazil). Jurnal Cakrawala Hukum, 9(2), 117-126. doi:https://doi.org/10.26905/idjch.v9i2.2725 
Konflik Kewenangan Pemerintah dan Persatuan Sepakbola Seluruh Indonesia Menyelesaikan Sengketa Pemain Sepakbola Ferry Anggriawan
Jurnal Cakrawala Hukum Vol 9, No 2 (2018): December 2018
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v9i2.2730

Abstract

This study aims to examine conflicts of authority of the Government and PSSI in resolving disputes of professional football players that occur outside of football matches.Conflicts of authority occur when PSSI resolves the dispute of professional football players who are inconsistent with positive law in Indonesia. This research resulted in conclusion, among others; the first legal position of PSSI authority when settling the dispute of professional soccer player is not in accordance with the purpose of law, because it does not meet one element of legal certainty, dispute resolution mechanism applied by PSSI not in accordance with the doctrine of transnational sport law that refers to FIFA, justice and benefit; second impact if PSSI resolve the dispute with reference to transnational sports law system is the authority of PSSI is contrary to positive law in Indonesia, among others Article 59 paragraph 3 Law No. 17 of 2013 on Social Organization, Article 121 paragraph 1 and 2 Government Regulation No. 16 Year 2007 on the Implementation of Sports.How to cite item: Anggriawan, F. (2018). Konflik Kewenangan Pemerintah dan Persatuan Sepakbola Seluruh Indonesia Menyelesaikan Sengketa Pemain Sepakbola. Jurnal Cakrawala Hukum, 9(2), 151-159. doi:https://doi.org/10.26905/idjch.v9i2.2730
Keputusan Tata Usaha Negara Fiktif Berdasarkan Hukum Positif Di Indonesia Farid Ramdani
Jurnal Cakrawala Hukum Vol 9, No 2 (2018): December 2018
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v9i2.2763

Abstract

This study aims to examine the regulation of silence or pengabain by officials / administrative bodies of the state on requests for state administrative decisions (fictional KTUN). The regulation of the fictitious KTUN currently regulated in Law No. In 1986 concerning the State Administrative Court, Law No. 14 of 2014 concerning Government Administration and Supreme Court Regulation No. 7 of 2018 concerning Procedure Guidelines for Obtaining Decisions Upon Acceptance of Requests to Obtain Decisions and / or Actions by the Agency or Government Officials. The fictitious KTUN arrangements in the three regulations are mutually contradictory, giving rise to confusion in their application. This study attempts toexamine differences in settings, legal consequences and solutions to these differences. This study uses a type of normative research that is prescriptive in nature using a legislative approach and analytical approach. In the case of facing vague legal norms or unclear norms, the judge interprets the Law to find the law. Interpretation by the judge is an explanation that must lead to the implementation that is acceptable to the public regarding legal regulations against concrete events. The method of interpretation is a suggestion or tool to find out the meaning of the law.How to cite item: Ramdani, F. (2018). Keputusan Tata Usaha Negara Fiktif Berdasarkan Hukum Positif Di Indonesia. Jurnal Cakrawala Hukum, 9(2), 135-141. doi:https://doi.org/10.26905/idjch.v9i2.2763 
Kajian Pengaruh Sistem Kekerabatan pada Persepsi Yudisial dalam Menangani Kasus Kekerasan Terhadap Perempuan Enny Ristanty
Jurnal Cakrawala Hukum Vol 9, No 2 (2018): December 2018
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v9i2.2765

Abstract

Research focuses on the study of one component of the legal system, namely the aspect of legal culture. There are indications that Judge’s decisions that are very diverse sometimes do not reflect a sense of justice. The values adopted by the Judges turned out to have an influence on their perceptions in giving decisions on cases of violence against women. 4 judges prioritized a sense of justice in their verdict, 1 judge chose the element of legal benefit, 1 judge chose legal certainty and 3 judges said all elements were prioritized. While the equality of all judges with different backgrounds from different kinship uses the norms for legal certainty. The internal and external legal culture factors of judges that have a significant impact on decisions in cases of violence still need to be examined more deeply in terms of questions,the material proposed should be more specifically exploring non-legal aspects using a legal psychology approach. 4. The impact of the kinship system on the perceptions of the judges of the decision specifically to contribute in cases of domestic violence can actually contribute significantly to the legal aspects of culture in Indonesia.How to cite item: Ristanty, E. (2018). Kajian Pengaruh Sistem Kekerabatan pada Persepsi Yudisial dalam Menangani Kasus Kekerasan Terhadap Perempuan. Jurnal Cakrawala Hukum, 9(2), 127-134. doi:https://doi.org/10.26905/idjch.v9i2.2765
Tindak Pidana Hate Speech Ditinjau dari Hukum Pidana dan Konstitusi Hartarto Pakpahan
Jurnal Cakrawala Hukum Vol 9, No 2 (2018): December 2018
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v9i2.2771

Abstract

The development of information technology has changed the lifestyle (life style) for the people of Indonesia, including in expressing their opinions through various kinds of social networking sites such as face book, instagram, twiter, whatsapp and various other types of social media. Opinion through social media often often intentionally or unintentionally contains content of hate speeches which then also lead to punishment. Even though from the point of view of criminal law, it has regulated and also threatens a criminal sentence that is quite severe for people who conduct hate speeches. From the point of view of Constitutional Law the act of expressing an opinion / thought is not a crime or a crime because such action is an act protected by the laws and parts of human rights as stipulated in 28E and 28F of the 1945 Constitution. That is what makes expressions of expression a despicable or evil act and also contrary to the constitution because of the impact of hatred on certain people or groups, hate speech has the potential to cause hate crimes.How to cite item: Pakpahan, H. (2018). Tindak Pidana Hate Speech Ditinjau dari Hukum Pidana dan Konstitusi. Jurnal Cakrawala Hukum, 9(2), 168-176. doi:https://doi.org/10.26905/idjch.v9i2.2771
Pengelolaan Limbah Industri PT. Apac Inti Corpora Bawen Semarang Indriana Dwi Mutiara Sari
Jurnal Cakrawala Hukum Vol 9, No 2 (2018): December 2018
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v9i2.2773

Abstract

The enactment of Law No. 32 of 2009 on the Protection and Management of the Environment, which states that managing and protecting the environment needs to be done as well as possible, based on the benefits provided by the environment itself. The industrial waste pollution phenomenon in Bawen, Semarang had threaten the sustainability of the environment functions. Environmental pollution due to industrial waste disposal will interfere the quality of people’s lifes and can degrade the quality of the environment on an ongoing basis. The problem of this research is how the waste procedure, PT. Apac Inti Corpora manages its waste disposal and its obstacles.Based on this research, known that PT. Apac Inti Corpora is using the Central Java Provincial Regulation No. 5 of 2012 on the Amendment of the Central Java Provincial Regulation No. 10 of 2004.How to cite item: Sari, I. (2018). Pengelolaan Limbah Industri PT. Apac Inti Corpora Bawen Semarang. Jurnal Cakrawala Hukum, 9(2), 186-194. doi:https://doi.org/10.26905/idjch.v9i2.2773
Musyawarah Dalam Penentuan Ganti Kerugian Bagi Pelaksanaan Pembangunan Untuk Kepentingan Umum Tri Susilaningsih
Jurnal Cakrawala Hukum Vol 9, No 2 (2018): December 2018
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v9i2.2770

Abstract

Land acquisition is an activity to provide land for development in the public interest. The implementation of land acquisition is carried out based on Law Number 2 of 2012 concerning the Procurement of Land for Development in the Public Interest and related provisions governing it. This law was made to improve the welfare and prosperity of the nation, the State and society still guarantee the legal interests of the Entitled Party. The regulation of land acquisition in the law is correct but in terms of substance, this strategic and broad-impact law leaves a few records. So this Law which was passed on January 14, 2012 also cannot guarantee the acquisition of land for development. According to the conception of national land law, in principle land acquisition / land acquisition is carried out by means of deliberations between government agencies that require land with entitled parties, in terms of determining the location, form and / or amount of compensation. But there are times when deliberation is not reached or fails.How to cite item: Susilaningsih, T. (2018). Musyawarah Dalam Penentuan Ganti Kerugian Bagi Pelaksanaan Pembangunan Untuk Kepentingan Umum. Jurnal Cakrawala Hukum, 9(2), 214-224. doi:https://doi.org/10.26905/idjch.v9i2.2770 

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