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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 295 Documents
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PENERAPAN HUKUM PROGRESIF DALAM PERKARA PIDANA DI BIDANG NARKOTIKA Indrawati Indrawati
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.v8i2.2117

Abstract

Narcotics abuse has become a necessity in the modern world. Law No. 35 of 2009 on Narcotics is strictly regulated on what actions can be categorized as criminal offenses and what sanctions will be faced by those legally and convincingly proven to be the perpetrators of narcotics abuse. In the past 5 years, the government has massively enforced law enforcement and law enforcement in the field of narcotics and has sent dozens of people to challenge death against firing squads in the execution process. Fidelis a civil servant from Sanggau West Kalimantan, was arrested by the BNN apparatus for being proven to plant marijuana at his home. Through a process integrated in the Indonesian criminal justice system, the judge finally ruled that Fidelis was legally and convincingly guilty and sentenced to 8 months in jail plus a fine of 1 billion 1-month subsidence cage. Many parties admit it because Fidelis should be tried and punished, but many also praise the courage of the judge who has decided the case by using the attachment of progressive legal theory.DOI: https://doi.org/10.26905/idjch.v8i2.2117
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 
Implikasi Yuridis Peraturan Mahkamah Agung Nomor 13 Tahun 2016 dalam Putusan Hakim Haniah, Haniah
Jurnal Cakrawala Hukum Vol 9, No 2 (2018): Desember 2018
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v9i2.2731

Abstract

Criminal liability with corporation subject hasn’t regulated in Criminal Code and Criminal Code Procedures in Indonesia, but the law outside Criminal Code Procedures has already admitted that corporation is a law subject. The Supreme Court Law Number 13 in 2016 about Procedures for the Submission of Handling Case of a Criminal Act by Corporate became the new rule as the reference for criminal code procedures as corporate law subject because there was no law rule about how to make an indictment, a prosecution letter, and others in this Supreme Court Law. With this Supreme Court Law, it is expected that the law enforcement can ensnare more corporations who do criminal acts. In this study, the writer is will discuss how the criminal liability of corporation works before and after the Supreme Court Law Number 13 in 2016 about Procedures for the Submission of Handling Case of a Criminal Act by Corporate in three verdicts. This study will reveal whether Supreme Court Law Number 13 in 2016 about Procedures for the Submission of Handling Case of a Criminal Act by Corporate can be a good and correct guidance of how law runs in criminal code with a law corporation as the subject.DOI: https://doi.org/10.26905/idjch.v9i2.2731
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 
Penerapan Diversi Terhadap Anak Pelaku Penyalahguna Narkotika Indrawati indrawati; Byrna Mirasari
Jurnal Cakrawala Hukum Vol 9, No 2 (2018): Desember 2018
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v9i2.2764

Abstract

This study examines the free application to the perpetrators of narcotics violations applied in the Banjarbaru District Court in accordance with various regulations relating to children’s rights such as Law No. 4 of 1949 concerning Child Welfare, Law No. 39 of 1999 concerning Human Rights, Law No. 35 of 2014 concerning Child Protection and Law No. 11 of 2012 concerning the Juvenile Justice System, including diversification requirements where the threat of punishment is less than 7 years and the perpetrator is not recidivism. Because that is true and true what hasbeen done by the facilitator of transfer / child judge in case Number 4 / Pid.Sus-Anak / 2016 / PN.BJB because it is in accordance with the rules relating to the transfer of those who transact with the law. Factors that hinder the adoption of a diversion attempt on children who abuse drugs in the Banjarbaru District Court are: Understanding of law enforcement officers involved in the Diversion process is still lacking. i.e. parties involved in the transfer process, such as Community / Bapas Supervisors including legal counsel / legal counsel who are interns, including juvenile judges, should be more familiar with the contents of Perma No. 4 of 2014 concerning the Guidelines for the Implementation of Diversification in the Child Criminal Justice System and the Role of Parents in the Transfer process are still less active due to a lack of understanding of the process.How to cite item: indrawati, I., Mirasari, B. (2018). Penerapan Diversi Terhadap Anak Pelaku Penyalahguna Narkotika. Jurnal Cakrawala Hukum, 9(2), 177-185. doi:https://doi.org/10.26905/idjch.v9i2.2764 
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
Urgensi Pengaturan Tentang Peralihan Hak Atas Merek Sebagai Objek Jaminan Fidusia Amrulla, Mohammad Fahrial
Jurnal Cakrawala Hukum Vol 9, No 2 (2018): Desember 2018
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v9i2.2767

Abstract

His study aims to find out that these researchers are meant to address the importance of the transfer of rights to a trademark that is used as a fiduciary jinminary object. So it can be seen that the importance of the arrangement of the transfer of rights to the trademark as the object of fiduciary collateral can provide legal certainty for the creditor and debtor as well as to know what legal factors causing the transfer of the trademark can not be applied if the trademark becomes the object of fiduciary collateral. type of normative research. From the research that has been done obtained the result that substantially Law no. 42 of 1999 on Fiduciary Guaranty and Law No.20 of 2016 on Trademarks and Geographical Indications have not been able to provide clarity in interpreting Article 1 number (1) of Law no. 42 of 1999 on Fiduciary Collateral, as well as Article 41 of Law No.20 of 2016 on Trademarks and Geographical Indications, and Section 499 of the Civil Code.How to cite item: Amrulla, M. (2018). Urgensi Pengaturan Tentang Peralihan Hak Atas Merek Sebagai Objek Jaminan Fidusia. Jurnal Cakrawala Hukum, 9(2), 135-141. doi:https://doi.org/10.26905/idjch.v9i2.2767
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

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