Jurnal Cakrawala Hukum
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.
Articles
279 Documents
<![CDATA[Perlindungan Hukum Data Pribadi Bagi Pelanggan Jasa Telekomunikasi Terkait Kewajiban Registrasi Kartu SIM ]]>
<![CDATA[Mega Sonia Putri]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 9, No 2 (2018): Desember 2018 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v9i2.2772
<![CDATA[The government requires SIM card owners to register by submitting a Population Registration Number (NIK) and Family Card Number (KK) starting 31 October 2017 to 28 February 2018. This registration must be done for owners of new SIM Cards and old SIM Cards. For new SIM card owners who do not register, they cannot use the SIM card without activating with registration, while sanctions for old users will gradually get service blocking. The application of SIM Card registration is in accordance with the Regulation of the Minister of Communication and Information No. 14 of 2017 Amendment to the Regulation of the Minister of Communication and Information No. 12 of 2016. Until the enactment of this policy, the Government does not yet have a law that specifically protects personal data that has been submitted by the public and clear rules related to data management. The research results to date there is no protection of the personal data of the population in the SIM Card registration program because the regulations are still not comprehensive and are spread in several laws and regulations.How to cite item: Putri, M. (2018). Perlindungan Hukum Data Pribadi Bagi Pelanggan Jasa Telekomunikasi Terkait Kewajiban Registrasi Kartu SIM. Jurnal Cakrawala Hukum, 9(2), 195-203. doi:https://doi.org/10.26905/idjch.v9i2.2772 ]]>
<![CDATA[Pengelolaan Limbah Industri PT. Apac Inti Corpora Bawen Semarang ]]>
<![CDATA[Indriana Dwi Mutiara Sari]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 9, No 2 (2018): December 2018 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v9i2.2773
<![CDATA[The enactment of Law No. 32 of 2009 on the Protection and Management of the Environment, which states that managing and protecting the environment needs to be done as well as possible, based on the benefits provided by the environment itself. The industrial waste pollution phenomenon in Bawen, Semarang had threaten the sustainability of the environment functions. Environmental pollution due to industrial waste disposal will interfere the quality of people’s lifes and can degrade the quality of the environment on an ongoing basis. The problem of this research is how the waste procedure, PT. Apac Inti Corpora manages its waste disposal and its obstacles.Based on this research, known that PT. Apac Inti Corpora is using the Central Java Provincial Regulation No. 5 of 2012 on the Amendment of the Central Java Provincial Regulation No. 10 of 2004.How to cite item: Sari, I. (2018). Pengelolaan Limbah Industri PT. Apac Inti Corpora Bawen Semarang. Jurnal Cakrawala Hukum, 9(2), 186-194. doi:https://doi.org/10.26905/idjch.v9i2.2773]]>
<![CDATA[Musyawarah Dalam Penentuan Ganti Kerugian Bagi Pelaksanaan Pembangunan Untuk Kepentingan Umum ]]>
<![CDATA[Tri Susilaningsih]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 9, No 2 (2018): December 2018 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v9i2.2770
<![CDATA[Land acquisition is an activity to provide land for development in the public interest. The implementation of land acquisition is carried out based on Law Number 2 of 2012 concerning the Procurement of Land for Development in the Public Interest and related provisions governing it. This law was made to improve the welfare and prosperity of the nation, the State and society still guarantee the legal interests of the Entitled Party. The regulation of land acquisition in the law is correct but in terms of substance, this strategic and broad-impact law leaves a few records. So this Law which was passed on January 14, 2012 also cannot guarantee the acquisition of land for development. According to the conception of national land law, in principle land acquisition / land acquisition is carried out by means of deliberations between government agencies that require land with entitled parties, in terms of determining the location, form and / or amount of compensation. But there are times when deliberation is not reached or fails.How to cite item: Susilaningsih, T. (2018). Musyawarah Dalam Penentuan Ganti Kerugian Bagi Pelaksanaan Pembangunan Untuk Kepentingan Umum. Jurnal Cakrawala Hukum, 9(2), 214-224. doi:https://doi.org/10.26905/idjch.v9i2.2770 ]]>
<![CDATA[Analisis Perkembangan Epistemologi Hukum di Indonesia dalam Upaya Membangun Konvergensi Epistemologi Hukum ]]>
<![CDATA[Yogi Prasetyo]]>;
<![CDATA[Imam Zaelani]]>;
<![CDATA[Rangga Sakti]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 10, No 1 (2019): June 2019 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v10i1.2501
<![CDATA[This article is research result that describes development of the epistemology of law in indonesia, relationship of epistemology in law, and the concept of convergence of epistemology in law. The research method used is a literature study with a philosophical approach. The research results draw; epistemology of law based on empirical reality by inductive approach like sociology of law; epistemology of law based on rational sense by deductive approach like positivistic normative law; epistemology of law based on moral-ethics and conscience by using awareness and intuitional approach; epistemology of law based on Al-Quran like God’s law. These results show a correlation independent, parallel and linier in the epistemology of law. This correlation claims the certain truth and causes law is used for certain purposes. Based on this reason, it needs convergence of epistemology in law that unites the law truth, so that law can be comprehended by various perspectives.How to cite item: Prasetyo, Y., Zaelani, I., Sakti, R. (2019). Analisis Perkembangan Epistemologi Hukum di Indonesia dalam Upaya Membangun Konvergensi Epistemologi Hukum. Jurnal Cakrawala Hukum, 10(1), 96-106. doi:https://doi.org/10.26905/idjch.v10i1.2501]]>
<![CDATA[Status Kepemilikan Saham Hasil Pembatalan Penggabungan Perseroan Terbatas oleh Komisi Pengawas Persaingan Usaha ]]>
<![CDATA[Dian Karina Fitri]]>;
<![CDATA[Sihabudin Sihabudin]]>;
<![CDATA[Bambang Winarno]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 10, No 1 (2019): June 2019 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v10i1.2609
<![CDATA[Limited Liability Company is a legal action carried out by one or more companies to merge with other existing companies which then results in the assets and liabilities of the company which merges itself due to the law to the company that receives the merger and subsequently the legal entity status those who join will end because ofthe law. This study discusses the status of share ownership resulting from the cancellation of the merger of Limited Liability Company. The purpose of this study is to analyze the absence of legal rules regarding share ownership status after cancellation by the Business Competition Supervisory Commission (hereinafter referred to as KPPU). The researcher used the normative jurisdiction method. The approach used is the legislative approach. Legal materials used are primary and secondary legal materials. Legal material collection techniques used through library studies. The analysis technique used is deductive logic, which draws conclusions from the general to the specific. The results of the study indicate that there is a legal vacuum in share ownership status related to the cancellation of the merger of Limited Liability Company. Because the emptiness causes legal uncertainty and huge consequences for the business world.How to cite item: Fitri, D., Sihabudin, S., Winarno, B. (2019). Status Kepemilikan Saham Hasil Pembatalan Penggabungan Perseroan Terbatas oleh Komisi Pengawas Persaingan Usaha. Jurnal Cakrawala Hukum, 10(1), 9-17. doi:https://doi.org/10.26905/idjch.v10i1.2609]]>
<![CDATA[Eksistensi Digital Evidence dalam Hukum Acara Perdata ]]>
<![CDATA[Nurfauzah Maulidiyah]]>;
<![CDATA[Yustria Novi Satriana]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 10, No 1 (2019): June 2019 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v10i1.2616
<![CDATA[Electronic Evidence Tools can be presented at the hearing as valid evidence and have been regulated separately in the ITE Law. However, in the Civil Procedure Law the formal legality has not been regulated how to show. Formulation of the problems raised in this writing (1) How is the legal certainty of the Electronic Evidence in the Civil Procedure Code; (2) What is the ideal arrangement regarding Electronic Evidence Tools in Civil Procedure Code; The first discussion is that Article 5 Paragraph (1) and (2) of Law No. 19 of 2016 concerning Information and Electronic Transactions (UU ITE) which only provides legal certainty to the extent of the recognition of the existence of Electronic Evidence Tools as valid evidence. There must be an ideal arrangement regarding the Electronic Evidence Tool in the Civil Procedure Code to ensure the legal certainty of the procedure for submission and enforcement is: first, with a mechanism for renewing the HIR and RBg. Second, the party that has the authority to stipulate a Circular of the Supreme Court on how the parties know and see the Electronic Evidence Tool and the procedure for submitting Electronic Evidence Tools.How to cite item: Maulidiyah, N., Satriana, Y. (2019). Eksistensi Digital Evidence dalam Hukum Acara Perdata. Jurnal Cakrawala Hukum, 10(1), 69-76. doi:https://doi.org/10.26905/idjch.v10i1.2616]]>
<![CDATA[Tanggung Jawab Perusahaan Multinasional dalam Kebakaran Hutan di Indonesia ]]>
<![CDATA[Gintoe, Chris Sostom]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 10, No 1 (2019): Juni 2019 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v10i1.2808
<![CDATA[Indonesia as a country that exports smoke also causes losses in neighboring countries and the impact of the haze has an impact on the economy, tourism and health in surrounding countries. Based on this, in this paper describes the problem identification as follows first, what is the position of multinational companies according to the Republic of Indonesia Law Number 40 of 2007 concerning Limited Liability Companies. Second, what is the form of responsibility of multinational companies in terms of forest fires in Indonesia in the perspective of international environmental law. The method used in this study is a normative juridical method that is descriptive. The case of forest fires in Indonesia carried out by multinational companies can be burdened with responsibility in accordance with the conditions in which the company operates. This is because the internal law of Bleum is able to directly impose legal responsibility on corporations and state authority is still needed to sanction the law as an intermediary. International law has still not moved from the use of the classical negocentric theory. Criminal and administrative provisions can be used in prosecuting a corporation.How to cite item: Gintoe, C. (2019). Tanggung Jawab Perusahaan Multinasional dalam Kebakaran Hutan di Indonesia. Jurnal Cakrawala Hukum, 10(1), 30-39. doi:https://doi.org/10.26905/idjch.v10i1.2808]]>
<![CDATA[Politik Hukum: Mencari Sejumlah Penjelasan ]]>
<![CDATA[Syahriza Alkohir Anggoro]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 10, No 1 (2019): Juni 2019 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v10i1.2871
<![CDATA[The emergence of the field of legal political studies has triggered a new understanding in seeing the law as a product of political power resulting from the process of negotiation and contestation of interests that work through the process of establishing law. Through a historical and theoretical search of the field of the study of legal politics, this article explores the emergence of the concept of legal politics and links it to the intellectual debate behind it. This research uses a short type of invitations (Statute Management of the Poor) to study the fairness of people who are less capable of dealing with justice. This article argues that the rise of “legal politics” studies in the 1990s cannot be separated from the authoritarian political context and background of the New Order which increasingly demonstrates the instrumentalist function of law as a means of maintaining the political power / interests of the regime and the emergence of theoretical needs in the academic world of legal science to theories that represent coherent legal analysis with the social, political and economic context that affect a product of law.How to cite item: Anggoro, S. (2019). Politik Hukum: Mencari Sejumlah Penjelasan. Jurnal Cakrawala Hukum, 10(1), 77-86. doi:https://doi.org/10.26905/idjch.v10i1.2871 ]]>
<![CDATA[Perlindungan Hukum Terhadap Tata Penglolaan Air di Indonesia ]]>
<![CDATA[Galih Puji Mulyono]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 10, No 1 (2019): June 2019 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v10i1.3292
<![CDATA[This study examines the policy of legal protection of water resources in Indonesia. Legal protection of water resources is important as a rule and guidelines for human behavior as the purpose of the law to regulate public order. Legal developments regarding water resources need to be updated following the development of the community, so that the creation of legal protection for water resources can have an impact on water conservation in Indonesia. This type of legal research in writing this thesis is normative (doctrinal). The method used is a) Approach to the Law; b) Conceptual Approach; c) Comparison Approach. The results of the discussion in the form of the role of the private sector in the management of natural resources are based on the assumption of the importance of economic growth through market mechanisms in water allocation, and the importance of the role of the private sector in making investments related to the development of natural resources. England is a country famous for its prowess in the field of water management. Even the UK is a water distributor for countries that lack water such as Singapore. British water management is indeed different from Indonesia. UK water regulation uses a water privatization system.How to cite item: Mulyono, G. (2019). Perlindungan Hukum Terhadap Tata Penglolaan Air di Indonesia. Jurnal Cakrawala Hukum, 10(1), 18-29. doi:https://doi.org/10.26905/idjch.v10i1.3292]]>
<![CDATA[Implikasi Yuridis Penetapan Hakim Berkaitan Diversi yang Melanggar Ketentuan Undang-Undang Sistem Peradilan Pidana Anak ]]>
<![CDATA[Endriyanti, Megah Novita]]>;
<![CDATA[Aprilianda, Nurini]]>;
<![CDATA[Madjid, Abdul]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 10, No 1 (2019): Juni 2019 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v10i1.2947
<![CDATA[This diversion is the process of resolving cases of violations of law that occur, namely by bringing together the victims and their families and the perpetrators as well as their families to sit together to discuss the settlement of cases in a family manner. Legislation on the juvenile justice system. To answer the purpose of the paper, normative legal research is used, using a legal approach used to examine the Child Criminal Justice System Act, while the case approach uses the determination of judges in the case of Children. The results of the study indicate that the juridical implication of the judges’ determination regarding diversion which violates the provisions of the law on juvenile criminal justice systems is that they can be canceled, which can still be carried out as long as no party submits a cancellation. This diversion effort is a manifestation of restorative justice which aims to avoid children from the judicial process. So when the diversion is successfully carried out and an agreement arises, it means that the goal of restorative justice has been achieved.How to cite item: Endriyanti, M., Aprilianda, N., Madjid, A. (2019). Implikasi Yuridis Penetapan Hakim Berkaitan Diversi yang Melanggar Ketentuan Undang-Undang Sistem Peradilan Pidana Anak. Jurnal Cakrawala Hukum, 10(1), 58-68. doi:https://doi.org/10.26905/idjch.v10i1.2947]]>
