cover
Contact Name
Galih Puji Mulyono, S.H., M.H.
Contact Email
Galihpujimulyono@unmer.ac.id
Phone
+6285646664788
Journal Mail Official
jurnalcakrawalahukum@unmer.ac.id
Editorial Address
Faculty of Law Building, Terusan Dieng Street 62-64, Malang City, East Java, Indonesia, 65146
Location
Kota malang,
Jawa timur
INDONESIA
Jurnal Cakrawala Hukum
ISSN : 23564962     EISSN : 25986538     DOI : https://doi.org/10.26905/idjch
Core Subject : Social,
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 295 Documents
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
Tindak Pidana Pencurian Benda Sakral dalam Putusan Pengadilan di Wilayah Hukum Pengadilan Tinggi Bali Setiawan, I Gusti Ngurah Oka Putra
Jurnal Cakrawala Hukum Vol 9, No 1 (2018): Juni 2018
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v9i1.2618

Abstract

Theft of sacred objects (pratima) that occur in the jurisdiction of Bali lately is very disturbing to the Balinese people. Because for the Balinese people who are Hindus, the theft of sacred objects (pratima) has a negative effect on everyday life which results in disruption of the balance between real (sekala) and supernatural (niskala). This type of writing is normative juridical or dogmatic legal sciences. In the process of resolving cases of theft of sacred objects (pratima), judges use Article 362 of the Criminal Code (KUHP) as a guideline for imposing penalties on perpetrators. In the view of Balinese people who are Hindus, the perpetrators should be given additional penalties in the form of customary sanctions so that the perpetrators know that the actions committed are fatal and can result in imbalances in the realm of the village where they commit theft, because to restore imbalances These Balinese people who are Hindus must prepare a very large ceremony (upakara) in the form of preparing offerings or offerings called (prayascitta).How to cite item: Setiawan, I. (2018). Tindak Pidana Pencurian Benda Sakral dalam Putusan Pengadilan di Wilayah Hukum Pengadilan Tinggi Bali. Jurnal Cakrawala Hukum, 9(1), 79-88. doi:https://doi.org/10.26905/idjch.v9i1.2618
PEMILIHAN UMUM DALAM SISTEM DEMOKRASI PRESPEKTIF SILA KE- 4 PANCASILA Yusuf Eko Nahudin
Jurnal Cakrawala Hukum Vol 8, No 2 (2017): December 2017
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v8i2.1670

Abstract

Elections are a manifestation of democracy reflecting the fourth principle of Pancasila. Elections that prioritize the dialogical approach of vision and mission as a solution to the nation’s problems undertaken by election participants who truly reflect the soul-bearing souls of Pancasila. Selected individuals who meet the criteria of lection are credibility, integrity and acceptability as well as popolarity due to achievement, dedication and loyalty to the nation and country that are worthy to lead this country. The development of many election participants who can not reflect the value of democracy according to the 4th principle of Pancasila. The method used is normative with the approach of norms and existing theories reviewed to solve the issues raised. The use of political parties plays a major role in creating elections that reflect the value of Pancasila. Pancasila is the foundation of the nation’s philosophy is the root of life of the nation of Indonesia in carrying out its life must always be held firm. General election merupkan form of democracy that berprespektif Pancasila to seek leaders of noble personality who practice Pancasila so as to bring progress and prosperity of the nation and state of Indonesia.DOI: https://doi.org/10.26905/idjch.v8i2.1670
PERJANJIAN PERKAWINAN PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 69/PUU-XIII/2015 Oken Shahnaz Pramasantya
Jurnal Cakrawala Hukum Vol 8, No 2 (2017): December 2017
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v8i2.1671

Abstract

The Constitutional Court issued Decision Number 69 / PUU-XIII / where the marriage agreement was held after the marriage took place. Why the Constitutional Court allows the making of marriage contracts after marriage takes place. This study analyzes the legal considerations of the Constitutional Court judges in allowing marriage agreements to take place after the marriage takes place in accordance with the values of justice, as well as analyzing the legal implications of property of marriage agreements made after marriage in the event of any one of the injured parties. This research method is normative juridical. Based on the results of the study that the Marriage Agreement made after the marriage took place could potentially cause harm and injustice for third parties. Third-party interests also become unprotected. Regarding the time of entry into force of the Marriage Agreement made after the marriage takes place and in the Decision of the Constitutional Court Number 69 / PUU-XIII / 2015 in its verdict contained in point 1.5. and 1.6. raises a legal uncertainty. Third parties and husbands or wives who are harmed by the making of the Marriage Agreement after marriage take place may claim compensation and cancellation to the District Court.DOI: https://doi.org/10.26905/idjch.v8i2.1671
EFEKTIVITAS PELAKSANAAN SERTIFIKASI KEANDALAN WEBSITE JUAL BELI ONLINE DALAM MENANGGULANGI PENIPUAN KONSUMEN Eka Nugraha Putra; Wika Yudha Shanty; Hatarto Pakpahan
Jurnal Cakrawala Hukum Vol 8, No 2 (2017): Desember 2017
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v8i2.1674

Abstract

When electronic transactions often consumers are required to enter some personal data in electronic systems. Personal data held by consumers is abused by business actors when consumers enter their personal data first in the online trading website. The sale of personal data to other companies or product offerings that violate the rights of consumers may result from a black of protection or a security guarantee of personal data from consumers entered on the online buying and selling website. This problem also arises because of the consumer’s perspective on the awareness of their Inadequate rights and the need for stricter consumer protection law enforcement, particularly in online transactions. This factor causes quite a number of cases related to online consumer fraud, where although it is regulated but the government has not provided a definite form of legal order to provide protection to consumers. This study examines and analyzes the rules regarding certification of reliability in legislation and constraints in its implementation, as well as how the ideal arrangement relates to the implementation of website reliability certification. DOI: https://doi.org/10.26905/idjch.v8i2.1674
KAJIAN HUKUM TERHADAP REPRESENTASI KEPEMIMPINAN WANITA SEBAGAI WUJUD BIROKRASI YANG PROFESIONAL Riski Febria Nurita
Jurnal Cakrawala Hukum Vol 8, No 2 (2017): December 2017
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v8i2.1675

Abstract

Convention on the Elimination of All Forms of Discrimination Against Women 1979, has ratified Indonesia as the Law of the Republic of Indonesia Number 7 Year 1984 About Ratification of the Convention Concerning the Elimination of All Forms of Discrimination Against Women. In relation to the ratification of the Convention on Women, among others, means to promote the widest possible extent of women’s rights, Indonesia guarantees for women, on equal terms with men, to protect their rights. This research focuses on legal studies related to the impact of the ratification in realizing the contribution of women’s role in contribution. The method used is the approach of law and case approach to solve the problem of women’s leadership representation as a professional bureaucracy after Indonesia ratified the women’s convention. The form of implementation of the law which is the ratification of the international women convention is not implemented in every life of the nation and state, there are still many misuse and injustice to the role of women in bureaucracy in Indonesia. The ratification requires the government to prioritize the right of women as leaders to realize a professional bureaucracy.DOI: https://doi.org/10.26905/idjch.v8i2.1675
PENCABUTAN HAK UNTUK MEMILIH DAN DIPILIH BAGI TERPIDANA TINDAK PIDANA KORUPSI Denny Ardiansyah
Jurnal Cakrawala Hukum Vol 8, No 2 (2017): Desember 2017
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v8i2.1802

Abstract

The criminal act of corruption is a criminal act that has a tremendous impact on the stability of the nation and state. The impact of this criminal offense is highly systemic and incurs enormous losses in the state financial sector. some cases occurred an ex-convict corruption case, when it was out of running his penalty, it turns out to be more officials in the environment of his service. The purpose of this study is first to examine or analyze the formulation policy of revocation of the Right to be elected and vote for convicted corruption, both reviewing or analyzing the policies that can be applied in the formulation in the future. The research method used in this legal research is juridical-normative. Whereas in essence the regulation concerning additional crime shall be the revocation of certain rights including the right to be elected and to vote already regulated by the laws and regulations in Indonesia. Although there has been renewal in the draft law the additional criminal provisions may stand on its own, but the right to vote and vote is unclear, so there is still a gap for corrupt criminals who can be public officials again.DOI: https://doi.org/10.26905/idjch.v8i2.1802
KEKUATAN HUKUM AKTA PERDAMAIAN YANG DIBUAT DIHADAPAN NOTARIS DAN PUTUSAN AKTA PERDAMAIAN PENGADILAN Firmansyah, Yanuar Rozi
Jurnal Cakrawala Hukum Vol 8, No 2 (2017): Desember 2017
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v8i2.2114

Abstract

The making of authentic deed is one of notary authority in making deed. The realization of the verdict of thepeace deed which obtains the force of law remains voluntary and execute. Deed of peace of civil case in court related to notary authority in making peace deed. The legal power of a peace deed made by a notary and a verdict of a peace deed of the court in a land rights sale disposal dispute. Notary’s authority to make a peace deed to the land rights sale disputes related to the decision of a permanent law enforcement law deed. Thenotarial deed of peace has three types of proof, in the form of external proof power, the power of formal proof, the power of material proof. A peace deed made before a notary has the power of an ordinary judge’s verdict which has had a permanent legal force. Notary is required to register in court through the process of lawsuit. If during a peace deed made before a notary public is not registered in court then the peace deed is still in the form of agreement only.DOI: https://doi.org/10.26905/idjch.v8i2.2114

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