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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 8 Documents
 1 
Search results for , issue "vol. 16 no. 3 (2025): december 2025" : 8 Documents clear
The Constitutionally-Bounded Legal Pluralism: Reconciling Inheritance Law and Women's Rights in Indonesia Jinoto, Devin Irwan
Jurnal Cakrawala Hukum Vol. 16 No. 3 (2025): December 2025
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v16i3.15359

Abstract

Indonesia's pluralistic legal order sustains a structural contradiction between positive inheritance law and customary (adat) traditions that systematically denies women their constitutionally guaranteed equal inheritance rights. Although the KUHPerdata establishes bilateral succession irrespective of sex, and the Kompilasi Hukum Islam provides enforceable inheritance entitlements for Muslim women, patrilineal customary systems operative among the Batak Toba, Sahu Tribe, Dayak, and Balinese Hindu communities exclude women from inheriting productive assets, particularly land, in direct contravention of Articles 27(1), 28D(1), and 28H(2) of the UUD 1945. Employing a normative legal research methodology through statutory, conceptual, and comparative approaches, this study analyzes primary legal materials including the UUD 1945, KUHPerdata, KHI, and Supreme Court jurisprudence, alongside secondary academic literature. The findings establish that the contradiction constitutes a failure of constitutional enforcement rather than a legitimate exercise of legal pluralism: Article 18B(2)'s recognition of customary rights is conditioned on non-contradiction with national law, a condition that gender-discriminatory inheritance norms demonstrably fail to satisfy. Reconciliation requires a five-pillar framework: legislative affirmation of constitutional supremacy over incompatible customary norms; binding Supreme Court jurisprudential guidance; constitutionally-bounded legal pluralism through institutionalized customary governance bodies; community legal education and women's empowerment; and a comprehensive national inheritance statute establishing a universal gender-equality floor across all inheritance systems.
Annual Bonus Default, Non-Discrimination Principle, and Workers’ Rights Protection in Indonesian Industrial Relations Court Siti Rahayu; Abas, Muhamad; Rahmatiar, Yuniar
Jurnal Cakrawala Hukum Vol. 16 No. 3 (2025): December 2025
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v16i3.15665

Abstract

Abstract: Annual bonuses occupy an ambiguous yet legally consequential position in Indonesian employment law: they are neither wages in the strict statutory sense nor purely discretionary employer benefits. This ambiguity generates industrial disputes with significant implications for workers' normative rights. This study examines two central questions: the mechanism for resolving industrial relations disputes under Law Number 2 of 2004 on the Settlement of Industrial Relations Disputes, and the legal analysis of annual bonus default as adjudicated in PHI Decision Number 15/Pdt.Sus-PHI/2024/PN.Bdg. Employing normative legal research through statute and case approaches, this study analyzes primary, secondary, and tertiary legal materials using prescriptive-analytic methodology. The findings reveal that the PPHI Law constructs a mandatory, tiered dispute resolution architecture from bipartite negotiation through mediation, conciliation, and arbitration, to PHI litigation as a final resort premised on the exhaustion of consensual mechanisms before judicial intervention. More critically, this study establishes that annual bonuses institutionalized through collective labor agreements constitute enforceable normative rights. An employer's unilateral internal memorandum that denies bonus entitlements to workers who completed active service throughout a fiscal year solely on the basis of administrative employment status at an arbitrary cut-off date constitutes unlawful discrimination under Article 6 of the Manpower Law. The PHI correctly applied a proportional accrual methodology, affirming that retirement does not extinguish rights vested through prior performance.
Advocacy-Based Consumer Protection for Online Game Account Sabotage Victims: A Positive Law and Maqashid Sharia Perspective Wahyu; Supriyadi, Aditya Prastian; Fakhruddin; Miftahul Huda
Jurnal Cakrawala Hukum Vol. 16 No. 3 (2025): December 2025
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v16i3.15844

Abstract

The proliferation of digital commerce in Indonesia has generated new forms of consumer vulnerability, most notably the deliberate sabotage of online game accounts following completed transactions a phenomenon that inflicts both material and psychological harm upon consumers yet remains institutionally unaddressed. This study examines advocacy-based consumer protection for victims of online game account sabotage in Malang City, analyzed through the dual normative lenses of positive law and Maqashid Sharia. Employing an empirical legal research design with a socio-legal approach, the study draws on in-depth interviews with the Consumer Protection Technical Implementation Unit (UPT) of Malang City and five victim-informants, supplemented by normative analysis of applicable statutory instruments. The findings reveal that while Law Number 8 of 1999 concerning Consumer Protection and Law Number 1 of 2024 concerning Electronic Information and Transactions provide a sufficient normative basis for institutional advocacy, the UPT has not operationalized this mandate in digital consumer disputes. From the Maqashid Sharia perspective, account sabotage constitutes a simultaneous violation of hifz al-mal, hifz al-nafs, and hifz al-'aql, rendering institutional advocacy a legal and moral imperative. This study proposes a five-stage advocacy model and recommends the establishment of a dedicated digital consumer division within the UPT, supported by targeted regulatory reform governing virtual digital asset transactions.
Evaluating the Effectiveness of Traffic Sign Violation Law Enforcement in Indonesia: A Normative Analysis Tarmizi Rambe, Zulpan; Hutasoit, Ispandir; Anugrah Bhakti, Rizki Tri; Afni Maileni, Dwi
Jurnal Cakrawala Hukum Vol. 16 No. 3 (2025): December 2025
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v16i3.16120

Abstract

Traffic sign violations remain a critical and unresolved public safety challenge in Indonesia, contributing to tens of thousands of fatalities annually and generating economic losses exceeding hundreds of trillions of rupiah. Despite the existence of a comprehensive regulatory framework anchored in Law Number 22 of 2009 on Road Traffic and Transportation and operationalized through the Electronic Traffic Law Enforcement (ETLE) system, enforcement outcomes remain structurally inadequate and behaviorally ineffective. This research employs a normative juridical method utilizing a statute approach and a conceptual approach to conduct a comprehensive evaluation of the law enforcement framework governing traffic sign violations in Indonesia. Applying Soerjono Soekanto's tripartite model of legal effectiveness encompassing legal structure, legal substance, and legal culture the analysis identifies systemic misalignments across all three dimensions: infrastructural undercoverage and inter-agency fragmentation at the structural level; disproportionately low sanctions and evidentiary inadequacy at the substantive level; and rational non-compliance rooted in low enforcement certainty at the cultural level. This research introduces the concept of the integrated enforcement matrix as its primary normative contribution, proposing simultaneous and coordinated reforms across institutional infrastructure, sanction architecture, and legal culture development as the only credible pathway toward closing Indonesia's persistent traffic enforcement gap.
Environmental Protection or Disguised Protectionism? Reassessing the Necessity Test in Brazil–Retreaded Tyres Sutrisno, Andri; Priyono, FX. Joko; Trihastuti, Nanik
Jurnal Cakrawala Hukum Vol. 16 No. 3 (2025): December 2025
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v16i3.16156

Abstract

This article examines the interpretation and application of the necessary criterion under Article XX(b) of the General Agreement on Tariffs and Trade (GATT) 1994 through critical doctrinal analysis of the WTO dispute Brazil–Measures Affecting Imports of Retreaded Tyres (WT/DS332). Employing normative legal research with a case-analytical and comparative approach, the article evaluates Brazil's 2007 import ban on retreaded tyres against the tripartite necessity framework legitimate objective, rational contribution, and the absence of reasonably available less trade-restrictive alternatives and critically interrogates the Appellate Body's application of the chapeau's non-discrimination requirements. The analysis finds that while Brazil's measure provisionally satisfied the Article XX(b) necessity criteria on the merits of its public health and environmental justification, the Appellate Body's chapeau ruling deployed a formalist methodology that conflated discrimination rooted in protectionist intent with discrimination arising from pre-existing regional treaty obligations and domestic judicial intervention beyond governmental control. This article argues that this interpretive approach imposes structurally unrealisable demands upon developing country regulatory actors and produces normatively unjustifiable outcomes. The article advances an original analytical framework for contextually differentiated interpretation of the chapeau, grounded in the Vienna Convention's object-and-purpose mandate, that distinguishes between bad-faith protectionism and institutionally constrained regulatory inconsistency.
Legal Protection for Victims of Personal Data Misuse by BPJS Kesehatan Under Law Number 27 of 2022 Putri, Aprialita Ghaisani; Asri, Dyah Permata Budi
Jurnal Cakrawala Hukum Vol. 16 No. 3 (2025): December 2025
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v16i3.16492

Abstract

The proliferation of digital data processing in Indonesia's public sector has exposed a critical governance gap between institutional data collection practices and the legal protection afforded to citizens whose personal information is compulsorily surrendered to state-mandated bodies. This study examines the legal protection available to victims of personal data misuse by Badan Penyelenggara Jaminan Sosial (BPJS) Kesehatan and evaluates the adequacy of Indonesia's personal data oversight mechanisms, with particular reference to the 2021 data breach involving approximately 279 million participant records. Employing a normative juridical method through statute and conceptual approaches, this study applies the Legal Protection Theory of Philipus M. Hadjon — distinguishing preventive and repressive dimensions — alongside John Rawls' Theory of Justice as Fairness as its analytical framework. The analysis demonstrates that while Law Number 27 of 2022 on Personal Data Protection establishes a formally comprehensive normative regime, both preventive and repressive legal protections remain substantively deficient due to inadequate institutional data governance, the structural dependence of the supervisory body on the executive branch, and the absence of accessible victim redress mechanisms. Justice as fairness demands that oversight guarantees be equally accessible to the most vulnerable participants. Two reforms are urgently required: the establishment of a structurally independent supervisory commission and the issuance of sector-specific data governance standards for public social security institutions.
Community-Based Legal Model for Narcotics Prevention: Protecting Children's Best Interests in Indonesia Kaimudin, Arfan
Jurnal Cakrawala Hukum Vol. 16 No. 3 (2025): December 2025
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v16i3.16934

Abstract

The escalating prevalence of narcotics abuse among children in Indonesia exposes a fundamental legal protection deficit: the structural disjunction between the enforcement-centered orientation of Law Number 35 of 2009 on Narcotics and the protective obligations imposed by Law Number 35 of 2014 on Child Protection and the Convention on the Rights of the Child. Existing legal responses remain predominantly reactive, engaging children only after narcotics exposure has occurred, while the proactive normative architecture necessary for genuine prevention remains underdeveloped. This research employs a normative juridical methodology with statute and comparative approaches to address two questions: how should a community-based approach be legally positioned as a model for narcotics prevention among children under Indonesian positive law, and what is its ideal normative form in accordance with the best interests of the child principle. The analysis demonstrates that the community-based approach constitutes a constitutionally mandated preventive legal model, grounded in Article 104 of the Narcotics Law, Article 59(2)(e) of the Child Protection Law, and Article 28B(2) of the 1945 Constitution. Its ideal normative form integrates seven components: structured community participation, legal education and awareness, family resilience programs, child-friendly environmental infrastructure, cross-sector institutional collaboration, program sustainability and accountability, and restorative justice as the primary remedial response. Legislative reform is recommended to operationalize this model as a binding and durable legal framework for child protection.
Tension Between Digital Legality Principle and Humanistic Punishment in Indonesian Criminal Code Mulyono, Galih Puji; Nawawi Arief, Barda; Rozah, Umi
Jurnal Cakrawala Hukum Vol. 16 No. 3 (2025): December 2025
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v16i3.16936

Abstract

The Indonesian National Criminal Code (Law No. 1 of 2023) introduces two fundamental changes to Indonesian criminal law: the expansion of the legality principle from a purely formal dimension to a material one by recognizing living law within society (Article 2), and the formulation of humanistic sentencing purposes that place human dignity as the ethical boundary of punishment (Articles 51–52). This article examines the tension between these two pillars in the context of digital crimes including personal data misuse, doxing, deepfake exploitation, and online gender-based violence which inherently evolve faster than legislative responses. Employing a normative legal research method with statutory, conceptual, and limited comparative approaches, this study finds that the expansion of the material legality principle does not automatically address cross-border and highly technical digital crimes, while the strict prohibition of analogy risks rendering criminal law unable to keep pace with emerging cyber-criminal modalities. To resolve this tension, this article proposes the concept of "humanistic digital legality principle," which rests on three dimensions: the protection of human dignity as a guiding principle for teleological-protective interpretation, technology-neutral norm drafting that meets the standard of foreseeability, and the integration of the National Criminal Code's value framework with special legislation on digital crimes.

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