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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. 15 No. 1 (2024): April 2024" : 8 Documents clear
The Urgency of Legal Protection for Victims of Cyberbullying in Indonesia Sitihastuti, Sholikah; Solikhah, Solikhah
Jurnal Cakrawala Hukum Vol. 15 No. 1 (2024): April 2024
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v15i1.12025

Abstract

The study aims to analyze the urgency of legal protection for victims of cyberbullying in Indonesia. The method used is normative law based on legal materials (library based), including primary and secondary legal materials that produce information in the form of notes and descriptive data contained in the text under study. The author uses a qualitative approach based on the initial step taken by collecting the necessary data, then classifying and describing. Basedon the research conducted, it can be concluded that the regulations in place are still not providing adequate legal protection for victims of cyberbullying. Although the crime of cyberbullying is regulated in the Criminal Code and the Information and Electronic Transactions Law, the regulation is more focused on taking action against the perpetrators. Therefore, it is necessary to expand and improve the legislation to provide a stronger guarantee of legal protection for victims of cyberbullying. This legal protection must include prevention, detection, handling, and recovery efforts for the victims.How to cite item: Sitihastuti, S., & Solikhah, S., Mohammad Haris Yusuf Albar, and Agung Mafazi. “The Urgency of Legal Protection for Victims of Cyberbullying in Indonesia.” Jurnal Cakrawala Hukum 15 no. 1 (2024): 61-68. DOI: 10.26905/idjch.v15i1.12025.
Consumer Protection Against the Widespread Sales of Counterfeit Brand Clothing Tri Retno Herryani, Mas Rara; Yusuf Albar, Mohammad Haris; Mafazi, Agung
Jurnal Cakrawala Hukum Vol. 15 No. 1 (2024): April 2024
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v15i1.14150

Abstract

Sales of counterfeit brand clothing are increasing rapidly in the global market, resulting in huge losses for genuine brands and consumers. In this context, the Consumer Protection Law Number 8 of 1999, protecting consumers is very important to prevent brands from purchasing potentially dangerous and fraudulent imitation clothing. The author conducted research using a type of normative legal research that can be observed in everyday life. The type of research used is descriptive and describes the circumstances in which many cases of selling counterfeit branded products occur. The data source used is a secondary data source originating from research materials. The sample used in this article is the radon sampling technique because the regulations in the Consumer Protection Law still do not have specific regulations regarding consumer protection and legal sanctions are not explained against business actors who sell goods with fake brands against consumers who sell goods. fake It is clear that consumers who buy goods using trademarks without the permission of the trademark owner are violating their rights. Trademarks and Indications in Law no. 20 of 2016. Regarding the online sale of fake branded goods, this is expressly stated in Article 8 letter (f) of Law Number 8 of 1999 concerning Consumer Protection. The advice in distinguishing fake goods is to know the difference between which brands are genuine and which brands are fake.How to cite item: Herryani, Mas Rara Tri Retno, Mohammad Haris Yusuf Albar, and Agung Mafazi. “Consumer Protection Against the Widespread Sales of Conterfeit Brand Clothing.” Jurnal Cakrawala Hukum 15 no. 1 (2024): 49-60. DOI: 10.26905/idjch.v15i1.14150.
The Responsibility of Parents in Electronic Contracts Made by Minors Mochtar, Dewi Astutty; Rahayu, Dewi Ayu
Jurnal Cakrawala Hukum Vol. 15 No. 1 (2024): April 2024
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v15i1.14204

Abstract

The quick progression of innovation and the expanding utilization of electronic stages have driven a rise in minors' interest in online exchanges. This marvel poses legitimate challenges, particularly concerning the legitimacy of electronic contracts made by minors and the degree of parental obligation. This paper looks at the legitimate system overseeing electronic contracts, including those of minors, and centres on the risk of guardians in such exchanges. Employing a regulating legitimate investigative strategy and a statute approach, the consider analyzes pertinent laws, counting gracious law and electronic exchange controls, to decide the legitimate standing of contracts made by minors. The paper also investigates the part of guardians in administering their children's computerized exercises and their legitimate commitments when their children enter into official electronic understandings. The discoveries demonstrate that whereas minors, for the most part, need the lawful capacity to enter into contracts, parents' lawful obligations change depending on each case's particular circumstances. This paper emphasizes the need for clearer, legitimate arrangements and more grounded parental supervision to ensure that minors are within the advanced age range.
The Strengthening of Tax Court Independence in the Indonesian Judicial System Regika, Virna; Sari, Muspita; Muhkam, Mirwan Fikri; Amir, Irfan
Jurnal Cakrawala Hukum Vol. 15 No. 1 (2024): April 2024
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v15i1.14276

Abstract

This study aims to analyze the strengthening of the Tax Court's independence within Indonesia's judicial system following the Constitutional Court Decision No. 26/PUU-XXI/2023. The ruling alters the administrative structure of the Tax Court from a dual system to a unified system under the Supreme Court, transferring oversight authority that was previously under the Ministry of Finance. This research employs a normative juridical method with a statutory, conceptual, and case-based approach. The findings indicate that the implementation of this unified system is a significant step toward enhancing the independence and impartiality of the Tax Court, which was previously vulnerable to executive interference. Furthermore, this change aligns with the principle of the separation of powers as advocated by Montesquieu, emphasizing the necessity of separating judicial power from executive and legislative branches. The Constitutional Court Decision No. 26/PUU-XXI/2023 is expected to strengthen the role of the Tax Court as an independent judicial body, free from government influence, and tasked with upholding justice for taxpayers in Indonesia. This study provides a crucial contribution to understanding the constitutional implications of this decision for the judicial system in Indonesia. How to cite item: Regika, V., Sari, M., Muhkam, M., & Amir, I. “The Strengthening of Tax Court Independence in the Indonesian Judicial System.” Jurnal Cakrawala Hukum, 15(1). (2024):80-90. DOI: https://doi.org/10.26905/idjch.v15i1.14276.
Implementation of Diversion in Methamphetamine-Type Drug Crimes by Children Hajar, Ayu Lailatul; Mulyono, Galih Puji; Suratman, Teguh; Sutrisno, Andri
Jurnal Cakrawala Hukum Vol. 15 No. 1 (2024): April 2024
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v15i1.14277

Abstract

This study examines various prevention efforts and efforts to overcome narcotics type metamfetamine in children by implementing diversion. The problems studied are related to the realm of the police in providing diversion to children who commit the crime. What challenges are faced by the police in providing diversion as an effort to overcome narcotics among children. This study uses an empirical research type with a juridical-sociological approach to see the role of the police in providing diversion to children who commit narcotics crimes. The types of data used are primary data and secondary data. Data collection techniques use interviews and document studies with selected quality data that is relevant to the problems raised. Data analysis used qualitative descriptive analysis. Based on the results of the analysis, the police’s considerations in providing diversion to children because they see external and internal factors from the child. The role of the police is very important to help handle children in conflict with the law, the police in carrying out their duties are partly successful and partly not in resolving the problem of narcotics crimes in children by implementing the principle of diversion.How to cite item: Hajar, A., Mulyono, G., Suratman, T., & Sutrisno, A. “F Implementation of Diversion in Methamphetamine-Type Drug Crimes by Children.” Jurnal Cakrawala Hukum 15 no. 1 (2024): 37-48. DOI: 10.26905/idjch.v15i1.14277.
Neutrality of State Civil Apparatus in Regional Head Elections Supriyadi, Supriyadi
Jurnal Cakrawala Hukum Vol. 15 No. 1 (2024): April 2024
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v15i1.14314

Abstract

Abstract: The results of this study conclude that the neutrality of the State Civil Apparatus in the Implementation of Regional Head Elections has not been implemented properly. There are still many ASNs who are not neutral; this is due to the existence of Article 53 of Law No. 4 of 2014 concerning ASNs, which states that the President, as the holder of the highest authority in ASN development, can delegate the authority to determine the appointment, transfer, and dismissal of officials other than the main and middle high-ranking officials. The main functional expertise is the regent/mayor in the district/city (PPK), so with this, the incumbent candidate can use the authority they have to pressure ASN ahead of the Pilkada. Several efforts have been made by the government, such as through laws and joint decrees of the Minister of State Civil Apparatus Empowerment and Bureaucratic Reform, Minister of Home Affairs, Chairperson of the State Civil Apparatus Commission, and Chairperson of the General Elections Supervisory Body. However, in reality, the loyalty factor between superiors and subordinates is an obstacle to creating a neutral position in the implementation of the Regional Head Election because there are still many ASNs who participate in practical politics. This research is a type of Normative Juridical research with a statutory approach method. The nature of this research is descriptive analysis, which intends to provide a systematic factual and accurate picture or painting of the facts, nature, and relationships between the phenomena investigated on how neutrality in ASN in the election of Regional Heads. How to cite item: Supriyadi, S. "Neutrality of State Civil Apparatus in Regional Head Elections." Jurnal Cakrawala Hukum, 15(1). (2024): 69-79. DOI: https://doi.org/10.26905/idjch.v15i1.14314.
Issuance of Business License as a Criminogenic Factor of Environmental Crimes by Corporations Amrullah, M Arief
Jurnal Cakrawala Hukum Vol. 15 No. 1 (2024): April 2024
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v15i1.14365

Abstract

Walhi's presentation is related to Ragnhild Sollund's views, which are from the perspective of green critical criminology Environmental damage cannot be seen as simply as depleting forests that are cut down and burned. Companies whose permits have expired leave and neglect mining sites with environmental conditions that become damaged. Excavations form recesses in the middle of which there is a pool of water However, humans and other creatures are also disturbed because their habitats and land are damaged or even extinct because of actions carried out by corporations. Hence, victims are no longer individual but widespread. This article analyses the issuance of permits from authorized officials as an entry point for corporations to exploit natural resources and their contents. To prevent more destructive environmental damage, imposing criminal responsibility on permit-making officials as perpetrators of criminal acts of corruption is necessary so that they are careful and not careless in issuing permits to corporations.How to cite item: Amrullah, M. Arief. “Issuance of Business License as a Criminogenic Factor of Environmental Crimes by Corporations” Jurnal Cakrawala Hukum 15 no. 1 (2024): 14-33. DOI: 10.26905/idjch.v15i1.14365.
Fulfillment of Environmental Rights: Policy Strategies and Their Impact on Sustainable Development Budiono, Indro
Jurnal Cakrawala Hukum Vol. 15 No. 1 (2024): April 2024
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v15i1.14366

Abstract

This research explores the role of the Indonesian government in prioritizing the fulfillment of environmental rights through policy strategies and their impact on the country’s sustainable future. The study examines key government policies aimed at protecting these rights, such as regulations on deforestation, pollution control, and renewable energy initiatives, as well as their effectiveness in addressing challenges like climate change, deforestation, and pollution. Through a combination of policy analysis and case studies, this research investigates how government actions, in collaboration with stakeholders such as businesses, non-governmental organizations (NGOs), and local communities, have influenced environmental sustainability. It also assesses the socio-economic impacts of these policies, including their contributions to environmental conservation, economic growth, and social equity. The findings suggest that while progress has been made, significant gaps remain in enforcement, accountability, and public awareness. Ultimately, the study concludes that a more coordinated, multi-sectoral approach is required to ensure the full realization of environmental rights in Indonesia. It recommends strengthening policy implementation, enhancing collaboration between stakeholders, and promoting greater public participation in environmental governance to achieve a truly sustainable future for the nation.How to cite item: Budiono, Indro. “Fulfillment of Enviromental Rights: Policy Strategies and Their Impcat on Sustainable Developmnet.” Jurnal Cakrawala Hukum 15 no. 1 (2024): 21-36. DOI: 10.26905/idjch.v15i1.14366.

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