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 279 Documents
PTSL Wujud Pelaksanaan Kewajiban Pemerintah untuk Menjamin Kepastian dan Perlindungan Hukum Atas Kepemilikan Tanah Susilaningsih, Tri
Jurnal Cakrawala Hukum Vol 10, No 1 (2019): Juni 2019
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v10i1.3114

Abstract

Land registration is a government program in order to obtain legal certainty and legal protection for holders of land rights. While the process of making land certificates is considered slow so that it becomes the government’s attention, to overcome this problem, the government through the Ministry of Agrarian Affairs and Spatial Planning / Head of BPN launched the National Priority Program in the form of a Comprehensive Systematic Land Registration (PTSL). This research uses a normative- empirical study. Normative-empirical research is research conducted to examine normative legal rules in terms of its application. This normative-empirical study was carried out to examine how the implementation of PTSL is the Implementation of the Government’s Obligation to Ensure Legal Certainty and Protection of Land Ownership and what causes the slow pace of PTSL settlement as a Form of Implementation of the Government’s Obligation to Ensure Legal Certainty and Protection of Land Ownership. With the limited quantity and quality of Human Resources (HR) who deal with land registration a lot, with the implementation of PTSL, the implementation is experiencing obstacles so that the implementation of PTSL is not all smooth. PTSL acceleration goals are also not achieved on time.DOI: https://doi.org/10.26905/idjch.v10i1.3114.
Keabsahan Surat Keputusan Gubernur Jawa Tengah Pasca Putusan Mahkamah Agung Tentang Penambangan Pabrik Semen Zainuddin Amriti Albar
Jurnal Cakrawala Hukum Vol 10, No 1 (2019): June 2019
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v10i1.3117

Abstract

This study aims to examine the validity of the Central Java Governor Decree Number 660.1 / 6 of 2017 concerning permits for the construction and mining of cement factories after the cancellation of the previous Governor’s Decree by the Supreme Court Number 99 PK / TUN / 2016. The Supreme Court overturned the construction and mining of cement factories because they had a negative impact on the environment. Mining of cement plants in the Rembang area is declared not in accordance with the environmental impact analysis because in the mining area of the cement plant there is a Groundwater Basin whose preservation is protected by law. This research includes the type of normative research. The research that has been carried out has been obtained that substantially the Central Java Governor Decree Number 660.1 / 6 of 2017 was declared invalid even though on the grounds that there was an improvement in the EIA because of the Supreme Court’s decision as the highest court that every decision could not be contested. However, the suggestion should be that the contents of the Supreme Court’s ruling did not lead to the perception that the development was continued by changing the EIA.How to cite item: Albar, Z. (2019). Keabsahan Surat Keputusan Gubernur Jawa Tengah Pasca Putusan Mahkamah Agung Tentang Penambangan Pabrik Semen. Jurnal Cakrawala Hukum, 10(1), 107-117. doi:https://doi.org/10.26905/idjch.v10i1.3117
Pertanggungjawaban Pidana Terhadap Perusahaan yang Lalai Mendaftarkan Pekerjanya Sebagai Peserta BPJS Ketenagakerjaan Indrawati Indrawati; Tumiar Rohana Simanjuntak
Jurnal Cakrawala Hukum Vol 10, No 1 (2019): June 2019
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v10i1.3180

Abstract

This study discusses criminal liability towards companies that fail to register their workers as participating BPJS workers. Social security is very important for all Indonesian workers to have because socioeconomic risks can occur to anyone, anywhere and to anyone. The type of legal research used in this study is normative research. Results and discussion of research conducted where PT. This True Farmer Initiative has made a mistake in the form of negligence or negligence from the company that does not pay BPJS Employment contributions to workers and there are some workers who are not registered as BPJS Employment participants. This has been received by a court ruling punishing the company which resulted in the rights of the workers who could not be fulfilled. Seeing the decision that has been determined by the judge there is no criminal sentence, the judge’s decision does not provide a deterrent effect on the company. The provisions of the BPJS Employment Act currently added the application of imprisonment sanctions, so that in the future it can provide a deterrent effect on companies that fail to register their workers as BPJS Employment participants.How to cite item: Indrawati, I., Simanjuntak, T. (2019). Pertanggungjawaban Pidana Terhadap Perusahaan yang Lalai Mendaftarkan Pekerjanya Sebagai Peserta BPJS Ketenagakerjaan. Jurnal Cakrawala Hukum, 10(1), 50-57. doi:https://doi.org/10.26905/idjch.v10i1.3180
Pembangunan Hukum Sebagai Upaya Peningkatan Daya Saing Daerah Rahayu, Dewi Ayu
Jurnal Cakrawala Hukum Vol 10, No 1 (2019): Juni 2019
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v10i1.3181

Abstract

Implementation, development is not a stand-alone entity, but rather integrated and becomes a unit with existing development components. The purpose of this study is to examine legal concepts through legal development as an effort to realize regional competitiveness. The type of research that will be used is Juridical-Normative Researchers. This research in conjunction with the juridical-normative method in this study uses the results of this study to show that regional competitiveness correlates with the development of national law as stated in Law Number 17 of 2007 concerning the National Long- Term Development Plan that was previously listed in the Outlines of State Policy. The second generation legal theory of development through legal concepts is not only a means of development, but also as a means of renewing the bureaucracy. The development of laws that will improve the competitiveness of the nation needs to pay attention to three important things, first, the development of quality and beneficial legislation. Realizing the competitiveness of each region in Indonesia, which of course will have an impact on the welfare of the State, of course, must be accompanied by legal development both in the substance of the law, legal structure and legal culture.How to cite item: Rahayu, D. (2019). Pembangunan Hukum Sebagai Upaya Peningkatan Daya Saing Daerah. Jurnal Cakrawala Hukum, 10(1), 1-8. doi:https://doi.org/10.26905/idjch.v10i1.3181
Dinamika Pemilihan Kepala Daerah Berdasarkan Peraturan Perundang–Undangan di Indonesia Husein Muslimin
Jurnal Cakrawala Hukum Vol 10, No 1 (2019): June 2019
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v10i1.3187

Abstract

Direct regional head election, with Law Number 32 Year 2004 the regional head election starts from the determination of candidates proposed by political parties or a combination of political parties in pairs with their representative candidates to be elected directly by the people in the area concerned. The counting system is considered to be less representative because of the candidate’s dependence on the party or party combination, then through Law Number 12 Year 2008 as the second amendment to Law Number 32 Year 2004 provides the opportunity for candidate pairs from individuals with certain conditions, this system requires large costs and drains ‘energy, money politics also occur even bigger because the target is the people as voters. Weaknesses in the law are then sought to be overcome through Law Number 8 of 2015 by determining one round of elections, the prohibition of political parties or a combination of political parties to accept all the dowry from the candidate pairs promoted, and the conception of regional head elections simultaneously nationally.How to cite item: Muslimin, H. (2019). Dinamika Pemilihan Kepala Daerah Berdasarkan Peraturan Perundang–Undangan di Indonesia. Jurnal Cakrawala Hukum, 10(1), 40-49. doi:https://doi.org/10.26905/idjch.v10i1.3187
KEBIJAKAN FORMULASI TINDAK PIDANA PENCEMARAN NAMA BAIK DALAM BIDANG TEKNOLOGI INFORMASI Galih Puji Mulyono
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.v8i2.1669

Abstract

The current legal regulation related to the formulation of criminal defamation in information technology is the problem of legal obscurity that causes juridical problem in its implementation. The method used in this research is by normative research method. The approach used to analyze the problem is the approach of the law and the comparative approach. The purpose of this paper is to provide an appropriate view to solve the legal issues raised. Criminal law formulation policies related to criminal defamation in information technology should be conducted through a humanist, cultural and religious value oriented approach integrated into a policy-oriented rational approach. The formulation of criminal defamation should be formulated in detail of subjective and objective elements in criminal defamation. With a formulation policy tailored to the comparative approach of the law that can be used as a contribution to the science of legal obscurity so as not to create multiple interpretations in the meaning of criminal defamation in practice and avoid social conflict.DOI: https://doi.org/10.26905/idjch.v8i2.1669
TANGGUNG GUGAT PERDATA BANK TERHADAP KLAIM BANK GARANSI YANG DIKELUARKAN Pramono, Youngky Yudho
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.v8i2.1672

Abstract

Stable economic growth, accompanied by equitable development and the level of public confidence in the government over the development of infrastructure it works, not only the government alone the private sector also participate play a role in building the country. This writing has the purpose of knowing how the Bank’s Liability Against Bank Guarantee Claims if the guaranteed party (contractor) performs a default, to identify and analyze the constraints faced by the guarantor (bank) to sue and collect the assured (contractor) after obtaining Bank Guarantee claims from the recipient of the guarantee (employer). This type of research uses a kind of juridical-empirical research which means this study describes the facts that occur in the field and know the effectiveness of the validity of positive law in society. Empirical research is a research on the implementation of a rule of law, especially the Law related to Bank Guarantee. This writing focuses on the issue of civil liability of banks against bank guarantee claims, if the guaranteed party (contractor/contractor) to do wanprestasi. Barriers facing banks to sue and collect are secured after obtaining bank guarantee claims.DOI: https://doi.org/10.26905/idjch.v8i2.1672
PERAN MAJELIS PENGAWAS DAN KEHORMATAN TERHADAP NOTARIS YANG MEMBUAT AKTA PERJANJIAN NOMINEE Wikantha, Anak Agung Bagus Maha
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.v8i2.1673

Abstract

The Notary Supervisory Council and the Notary Public Honor Council (MKN) have not optimally conducted supervision and guidance on notaries in Indonesia. Supervision and guidance only form of sanction is also given uncertain of both institutions to the notary who violates the code of notary ethics related to the making of the nominee agreement. This research analyzes the role of Supervisory Board of Notary and Honorary Board of Notary as well as the form of sanction given to Notary which make deed of nominee agreement. The research method is empirical juridical. The results of the research, MPN’s roles held a hearing to examine notaries and administer administrative sanctions. The role of MKN in solving the case of violation of code of ethics of Notary to Notary which makes nominee agreement very limited, because MKN can only conduct examination. The role of MKN only gives approval or rejection of Notary’s invitation to its presence in the judicial system process. Against a Notary who makes a nominee agreement imposed with civil sanctions, the administration may also be subject to criminal sanctions. The responsibility of a notary is criminally imposed if a notary performs a deed like a fake signature.DOI: https://doi.org/10.26905/idjch.v8i2.1673
Perbandingan Perlindungan Data Pribadi Indonesia dan Malaysia Muhammad Saiful Rizal
Jurnal Cakrawala Hukum Vol 10, No 2 (2019): December 2019
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v10i2.3349

Abstract

The vibrant development of information technology in the business world eliminates the barriers to one's privacy that must be protected. Private data can be accessed by the private sector until it is traded as a field for profit. This results in legal uncertainty to the public regarding the legal protection of personal data managed by the government. This study aims to determine the comparison of personal data protection between Indonesia and Malaysia. This research is a normative legal research, with a legislative approach and a comparative approach. The results of this study are the need for regulations governing the protection of personal data in Indonesia as the Personal Data Protection Act in Malaysia which regulates the choices, goals and limitations in using personal data of the public so that it will avoid abuse or violate the user's privacy rights. And the use of personal data between countries that already have personal data protection laws.How to cite item: Rizal, M. (2019). Perbandingan Perlindungan Data Pribadi Indonesia dan Malaysia. Jurnal Cakrawala Hukum, 10(2), 218-227. doi:https://doi.org/10.26905/idjch.v10i2.3349
Penerapan Perjanjian bagi Hasil terhadap Pengelolaan Bersama Lahan Budidaya Tambak Sulistyowati, Eny; Masnun, Muh Ali; Nugroho, Arinto; Hikmah, Nurul; Wardhana, Mahendra
Jurnal Cakrawala Hukum Vol 10, No 2 (2019): Desember 2019
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v10i2.3365

Abstract

The researchers are interested in analyzing the application of how profit sharing agreements are related to guarantee legal certainty and justice for owners, tenants and cultivators of cultivated land. This study uses non-doctrinal research (socio legal), primary data and secondary data used in analyzing problems. The application of the production sharing agreement between the owner, tenant and cultivator of ponds cultivation land in Gresik Regency has not been implemented as stipulated in the Fishery Product Sharing Law. The agreement made, is still in the form of not written, but in oral form that has occurred from generations before them and until now. In terms of the application of the timeframe of the production sharing agreement in Gresik Regency it is still not in accordance with the Fishery Production Sharing Law (specifying a minimum of 3 years and 6 seasons), this is based on the profit sharing agreement that is carried out uncertainly for how many years / how many seasons. In terms of the risk of crop failure, it still does not represent justice.How to cite item: Sulistyowati, E., Masnun, M., Nugroho, A., Hikmah, N., Wardhana, M. (2019). Penerapan Perjanjian bagi Hasil terhadap Pengelolaan Bersama Lahan Budidaya Tambak. Jurnal Cakrawala Hukum, 10(2), 187-197. doi:https://doi.org/10.26905/idjch.v10i2.3365