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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. 2 (2024): August 2024" : 8 Documents clear
Supervising Acting Regional Heads: A Linkage of Central Government and Regional Legislative Council Supervision Function Nasution, Ali Imran; Nahuddin, Yusuf Eko; Thohari, Ahmad Ahsin
Jurnal Cakrawala Hukum Vol. 15 No. 2 (2024): August 2024
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v15i2.12763

Abstract

Simultaneous general elections will be held on November 27, 2024, to elect Regional Heads who officially end in 2022 and 2023 and have not participated in the first-period simultaneous election in 2020. The government directly appoints Acting Regional Heads to fill the office temporarily, as regulated in Article 201 paragraph (9) of Law No. 10/2016. This research analyzes the supervision system for Acting Regional Heads, which involves the role of the Central Government and Regional Legislative Council (DPRD). The result shows that the Minister of Home Affairs comprehensively evaluated Acting Regional Heads' performance without involving the DPRD's supervisory function. However, the Acting Regional Head is as authoritative as the Regional Head, as stated in Article 15, paragraph (1) of Minister of Home Affairs Regulation No. 4/2023 (Permendagri No. 4/2023). This research suggests reconstructing Permendagri No. 4/2023 to enhance DPRD's authority to oversee Acting Regional Heads' performance as an additional report used by the Minister of Home Affairs to evaluate Acting Regional Heads.
The Legality of Land Transactions with Certificates Encumbered by Mortgage Rights Dwiputranto, Aditya; Tjempaka
Jurnal Cakrawala Hukum Vol. 15 No. 2 (2024): August 2024
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v15i2.14108

Abstract

The sale and purchase of land in Indonesia, particularly when a mortgage right encumbers the land certificate, often gives rise to legal complications. This study examines the legal validity of land sale transactions in which the mortgage has not been officially discharged (Roya). By analyzing court rulings and statutory regulations, the study aims to provide insights into the implications of such transactions, especially concerning the protection of creditor rights and legal certainty for buyers. This research employs a normative legal research method, focusing on applicable legal norms and their implementation in practice. The results show that while the sale of land encumbered by a mortgage may be considered legally valid if the parties involved have fulfilled the basic requirements of agreement, capacity, a specific object, and lawful cause as stipulated in Article 1320 of the Civil Code, the transaction remains legally risky if the mortgage is not officially discharged. This study contributes to the discussion of agrarian law in Indonesia by offering a deeper understanding of the legal nuances of land transactions burdened by a mortgage. It provides recommendations for legal practitioners, academics, and other relevant parties.
Breakthrough of the Positivism Paradigm in Judge's Decisions as a Form of Reflection of Justice Values Eviani, I Gusti Ayu; Windraswara, Juniardi; Jaedin; Abdurrahman, Alif; Mulyono, Galih Puji
Jurnal Cakrawala Hukum Vol. 15 No. 2 (2024): August 2024
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v15i2.14495

Abstract

This research aims to analyze the Ferdy Sambo case through the lens of positivist thinking, which emphasizes facts and empirical evidence in the law enforcement process. This case became the public spotlight because it involved members of the police, the alleged motive for planning the loss of life was complex, and where there was a disparity in punishment between the decisions of the South Jakarta District Court and the DKI Jakarta High Court which imposed the death penalty. At the same time, the Supreme Court reduced the sentence to life imprisonment. This research uses normative legal research methods, emphasizing the study of legal norms or doctrine to uncover alternative interpretations and provide insight into specific issues. This research uses two methodologies: a legislative approach, which focuses on legal norms or laws, a conceptual approach, and a case approach, which examines the Supreme Court's decision with the defendant Fredy Sambo. The results of this research discuss legal analysis by exploring the implications of the approach to the value of legal certainty and justice in the context of cases involving judicial power. This research also uses an approach from a positivist perspective. Through this approach, analysis is carried out on the investigation process, the evidence presented in court, how the legal system handles this case, and the sentence imposed by the judge.
Beyond Retributive: Exploring the Participatory Paradigm in the Ferdi Sambo Trial Fitryantica, Agnes; Mutalib, Abdul; Azimattara, Muchammad Daing; Sutrisno, Andri; Satriadi
Jurnal Cakrawala Hukum Vol. 15 No. 2 (2024): August 2024
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v15i2.14530

Abstract

The participatory paradigm offers a different perspective on crime and justice. Instead of focusing solely on punishment, this paradigm emphasizes restoration, dialogue, and reconciliation. Applying the participatory paradigm could be a breakthrough in the context of high-profile criminal cases such as Ferdy Sambo, providing a more comprehensive and sustainable solution. The research problem in this study is that applying the participatory paradigm in the legal process of high-profile criminal cases like the Ferdi Sambo trial can shift the retributive approach within Indonesia's criminal justice system. It also explores the advantages and disadvantages of implementing the participatory paradigm in high-profile criminal cases like the Ferdi Sambo trial in Indonesia. The case of Ferdi Sambo, a police general in Indonesia involved in a murder scandal, sparked extensive debate and analysis regarding the participatory paradigm in the context of law enforcement and justice. In this context, the participatory paradigm involves various parties in decision-making and law enforcement processes. Implementing the participatory paradigm in science and legal philosophy has several advantages, such as enhancing inclusivity, transparency, and legitimacy by involving multiple stakeholders in knowledge production and legal processes. However, this approach also has drawbacks, including challenges in balancing public participation with the objectivity of the judicial process, potential conflicts of interest, and maintaining the integrity of the legal system.
Local Potential Development Model Based on Communal Intellectual Property in Serang District Dwisvimiar, Inge; Mucharom, Rully Syahrul
Jurnal Cakrawala Hukum Vol. 15 No. 2 (2024): August 2024
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v15i2.14632

Abstract

This article reviews Minister of Home Affairs Regulation Number 9 of 2014 concerning Guidelines for Development of Regional Featured Products, Law Number 28 of 2014 on Copyright, and Law Number 5 of 2017 on Advancement of Culture. The article aims to ascertain how Serang Regency's local and regional potential is distributed across its products and culture and to outline and identify a development model that Serang Regency's local and regional potential can apply to the region's intellectual property. The article employs a socio-legal research methodology along with a qualitative method—analysis and discussion around the allocation of local and regional. With an emphasis on Golok Seuat, Silat Bandrong, and Rudat, the analysis and discussion of local and regional potential distribution based on communal intellectual property, including products and culture, is highly varied. Golok Seuat is widely distributed and fairly even, but Rudat and Silat Bandrong are not uniformly distributed for various reasons. While Silat Bandrong and Rudat have been inventoried, secured, and published, the development approach employed in Golok Seuat is based on regional superior products with a core competency model with improved attractiveness and promotion.
Criminal Law Enforcement Against Press Crimes in Reporting Suicide Cases in the Mass Media Melisnawati, Melisnawati; Wardana, Khristyawan Wisnu; Bone, Sholihin
Jurnal Cakrawala Hukum Vol. 15 No. 2 (2024): August 2024
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v15i2.15011

Abstract

The Indonesian Constitution guarantees freedom of the press, which is part of human rights in national and democratic life. The press has an important function that influences social, economic, political, and cultural life, namely as a medium of information. Restrictions on press freedom must be firmly and clearly stipulated by laws and regulations with provisions, one of which is the regulation of press crimes in criminal law. Suicide cases are one of the cases that are widely reported by the mass media; In covering suicide cases, ideally journalists have sensitivity and can empathize by protecting the identity of the perpetrator and the family of the suicide perpetrator in accordance with Press Council Regulation Number: 2/Peraturan-DP/III/2019 Concerning Guidelines for Reporting Related to Acts and Attempted Suicide which was stipulated in Jakarta on March 22, 2019. Seeing this phenomenon, it is important to enforce the law against media that violate the rules in reporting suicide cases.
Validity of Goods And Services Sale and Purchase Agreements by Online Aldi, Muhammad; Hidayati, Rahmatul; Sunardi; Parmono, Budi
Jurnal Cakrawala Hukum Vol. 15 No. 2 (2024): August 2024
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v15i2.15082

Abstract

The Internet is developing quickly and significantly impacts every part of life. Thanks to the Internet, people may contact, communicate, and even conduct business with anyone worldwide quickly, cheaply, and effortlessly. Buying and selling transactions through electronic media are legal agreements or relationships carried out by networking computer-based information systems and communication systems based on telecommunications networks and services. This process is further made possible by worldwide internet computer networks. International society in general and Indonesian society in particular have greatly benefited from using electronic transaction media, or e-commerce, in the trade industry. Establishing an agreement occurs when two parties come to a consensus on a primary issue that serves as the agreement's goal. To agree on what has been agreed upon, both parties must be present in a meeting of wills. It is possible to comply with wishes orally or in writing. In today's world, where technology is widely used in business, a face-to-face meeting or written agreement is no longer necessary to express wants. Agreements between parties with different legal systems that are made online are nonetheless enforceable.
Matrilineal System Mechanism for The Distribution of Inheritance Rights Jamburi, Ahmad; Muhibbin, Mohammad
Jurnal Cakrawala Hukum Vol. 15 No. 2 (2024): August 2024
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v15i2.15159

Abstract

Inheritance law is one part of civil law and is the smallest part of family law. Inheritance law is closely related to the scope of human life because every human being will experience a legal event called death. In the Unitary State of the Republic of Indonesia territory, various inheritance law systems apply, namely customary inheritance law, Islamic inheritance law, and Western inheritance law, as stated in the Burgerlijk Wetboek (BW). The family system in Indonesian society focuses on the lineage system. In general, there are three kinship systems, namely the patrilineal system (found in communities in Tanah Gayo, Alas, Batak, Ambon, Irian Jaya, Timor, and Bali), the matrilineal system (found in the Minangkabau area), and the bilateral or parental system (found in regions include: Java, Madura, East Sumatra, Riau, Aceh, South Sumatra, all of Kalimantan, all of Sulawesi, Ternate and Lombok). According to Minangkabau customary law, the inheritance distribution system, is based on a descent system drawn from the mother's line, namely a matrilineal inheritance system where the position of children is inherited. Women are the successors, but the heirs are all male and female children from the mother's assets.

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