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.
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279 Documents
<![CDATA[Kedudukan Hak Konsumen dalam Memperoleh Informasi yang Jujur terhadap Produk Makanan dan Minuman ]]>
<![CDATA[Bambang Satriya]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 10, No 2 (2019): December 2019 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v10i2.3369
<![CDATA[Consumers have several rights which are arranged in Indonesia’s rules of law. One of the rights is the right to honest information towards the products which are going to be used or consumed. This is a juridical normative research implementing rules of law and conceptional approach whose legal materials are primary, secondary, tertiary materials. Results of the research show that juridical protection as an existence of consumers’ rights in obtaining honest information towards particular food and beverages they should have had is still an unreachable right. This occurs because several findings indicate that many producers or businesses in several levels including local, national, and global violate juridical norms. Consumers whose positions are potential and strong juridically could still become theinjured party or become the target to reach and fulfil the profit as much as possible. As a result, fromthis violated information rights, other consumers’ rights such as health and safety are automatically neglected. In this domain, consumers become the casualties or become the object of cumulative human rights violation.How to cite item : Satriya, B. (2019). Kedudukan Hak Konsumen dalam Memperoleh Informasi yang Jujur terhadap Produk Makanan dan Minuman. Jurnal Cakrawala Hukum, 10(2), 137-145. doi:https://doi.org/10.26905/idjch.v10i2.3369 ]]>
<![CDATA[Politik Hukum Kerja Sama Penelitian Asing di Indonesia ]]>
<![CDATA[Nanda Dwi Rizkia]]>;
<![CDATA[Isis Ikhwansyah]]>;
<![CDATA[Agus Darmawan]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 10, No 2 (2019): December 2019 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v10i2.3337
<![CDATA[This study will analyze the law of the political law of research cooperation in Indonesia. The advice used is normative law, to find the rule of law, legal principles, and legal doctrines in responding to the legal issues that are discussed and are happening now. In this case the author is expected to consider the political role of national legal development law in Indonesia which cannot be covered by historical context. Throughout history the Republic of Indonesia has made political changes in the period of the political system as well as the rapid development of science and technology, so that through cooperation with countries abroad is expected to be able to improve the quality of research and publication of research results of Indonesian researchers in journals scientifically reputed internationally.How to cite item: Rizkia, N., Ikhwansyah, I., Darmawan, A. (2019). Politik Hukum Kerja Sama Penelitian Asing di Indonesia. Jurnal Cakrawala Hukum, 10(2), 198-208. doi:https://doi.org/10.26905/idjch.v10i2.3337 ]]>
<![CDATA[UPAYA BADAN PELAYANAN PERIJINAN TERPADU DAN SATPOL PP TERHADAP PENERTIBAN PEMONDOKAN TIDAK MEMILIKI IJIN ]]>
<![CDATA[Septa Kurnia Wahyudi]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 8, No 2 (2017): Desember 2017 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v8i2.2115
<![CDATA[The issues raised based on the efforts made by the Integrated Licensing Service and Satpol PP Malang city in controlling the lodging business that has no permit in Malang and its obstacles. The approach method used is sociological juridical, using descriptive analysis. The results of the research can be seen that there are efforts that preventif, by patrolling and supervising tramtibum and enforcement of local regulations and decisions of the mayor and repressive efforts, among others by calling, examination, investigation, and Pengkasan news event examination (BAP) for filed in the Tipiring Session. Obstacles in the effort to curb this lodgement business there are 2 namely the internal and external barriers Satpol PP, external obstacles such as Lack of public understanding of the basic tasks Satpol PP, Ignorance of society against the applicable legislation. The bravery of local offenders violates officers. As for internal barriers such as the quality of existing employees is still lacking, the lack of educational background by personnel Satpol PP so as not been able to understand the duties and functions of the institution principal, and frequent personnel mutations so that less maximumcoaching.DOI: https://doi.org/10.26905/idjch.v8i2.2115]]>
<![CDATA[Rekonsepsi Perlindungan Hukum Atas Magic dalam Perspektif Hukum Hak Cipta di Indonesia ]]>
<![CDATA[Ayu Mustika Pamungkas]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 10, No 2 (2019): Desember 2019 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v10i2.3199
<![CDATA[The limitation of the form of creation protected in copyright law results in the status of works of magic being difficult to categorize even though in its development the magic is often categorized as drama or choreography, but the elements in that form do not represent magic. Protection is needed because of cases of exposure to magic tricks, while copyright law does not protect the creation in the form of methods. This certainly becomes a legal vacuum. The purpose of this study is to analyze the reconception of legal protection that is right on magic. This research is a normative juridical study with a legal, conceptual, and comparative approach. The results of the study were categorized magic as pantomime, the application of the conditions for limited protection variety arts, and the protection of magic tricks by interpreting moral rights.How to cite item: Pamungkas, A. (2019). Rekonsepsi Perlindungan Hukum Atas Magic dalam Perspektif Hukum Hak Cipta di Indonesia. Jurnal Cakrawala Hukum, 10(2), 126-136. doi:https://doi.org/10.26905/idjch.v10i2.3199 ]]>
<![CDATA[Penegakan Hukum Pidana Perusahaan yang Tidak Memenuhi Kewajibannya dalam Program Badan Penyelenggara Jaminan Sosial ]]>
<![CDATA[Didik Lestariyono]]>;
<![CDATA[Bambang Sugiri]]>;
<![CDATA[Rachmad Safa'at]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 10, No 2 (2019): December 2019 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v10i2.3225
<![CDATA[There is a gap between das sollen and das sein. Das sollen (legal regulations) in Article 19 paragraph (1) and paragraph (2) jo. Article 55 of the BPJS Law provides criminal sanctions to companies that do not pay BPJS contributions to their workers. However, das sein (in fact / events that occur in the community) companies are not subject to criminal sanctions even though the criminal elements in the BPJS Law have been fulfilled. This study uses an empirical juridical method with a sociological juridical approach. The conclusions of this study are 1) Factors that cause companies not fulfilling their obligations as participants in the program due to the company's lack of discipline in managing finances which should be used as contributions to BPJS program workers and because the relevant stakeholders only provide administrative sanctions to companies. 2) The legal implication for companies is that they are subject to administrative sanctions. 3) Law enforcement efforts carried out by law enforcement officers against companies that do not fulfill their obligations in the BPJS program in Malang Regency are the imposition of criminal sanctions.How to cite item: Lestariyono, D., Sugiri, B., Safa'at, R. (2019). Penegakan Hukum Pidana Perusahaan yang Tidak Memenuhi Kewajibannya dalam Program Badan Penyelenggara Jaminan Sosial. Jurnal Cakrawala Hukum, 10(2), 156-165. doi:https://doi.org/10.26905/idjch.v10i2.3225]]>
<![CDATA[Efektifitas peraturan daerah tentang perlindungan anak dalam memberikan perlindungan kepada anak ]]>
<![CDATA[Murjani Murjani]]>;
<![CDATA[Suwardi Sagama]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 11, No 1 (2020): April 2020 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v11i1.3437
<![CDATA[The law on child protection has been established since 2002 and was amended twice in 2014 and 2016. Local governments based on their authority to establish regional regulations on child protection such as that carried out by Samarinda City and Kutai Kartanegara District. The spirit of regional regulations is to strengthen the regulations that have been formed above by adjusting local wisdom. However, the child protection agency, the Center for Integrated Services for the Protection of Women and Children (P2TP2A), Samarinda City and Kutai Kartanegara Regencyin handling cases using laws rather than regional regulations. P2TP2A reports directly to the Women’s and Child Protection Unit (PPA) at the nearest Police station, so that the subject of law enforcement is carried out by the Police based on the provisions of the law not the enforcement of local regulations by the civil service police unit. The factor is that sanctions in the law are higher than the regulations, there are no special units such as the Protection of Women and Children (PPA) in the Pamong Praja police unit (Satpol PP) and personnel who do not have certificates handling child cases.How to cite item: Murjani, M., Sagama, S. (2020). Efektifitas peraturan daerah tentang perlindungan anak dalam memberikan perlindungan kepada anak. Jurnal Cakrawala Hukum, 11(1), 102-110. doi:https://doi.org/10.26905/idjch.v11i1.3437]]>
<![CDATA[Upaya Hukum untuk Menjerat Tindakan Pelakor dalam Perspektif Hukum Adat Dayak Ngaju ]]>
<![CDATA[Putri Fransiska Purnama Pratiwi]]>;
<![CDATA[Suprayitno Suprayitno]]>;
<![CDATA[Triyani Triyani]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 10, No 2 (2019): December 2019 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v10i2.3469
<![CDATA[The problem that occurs is a legal vacuum regarding the regulation of sanctions that can be imposed on women who dare to tempt married men (Pelakor) through national law. In Dayak indigenous people in Central Kalimantan, the Dayak Customary Law is enforced firmly, but is still not widely known. This research uses a type of qualitative empirical research, conducted by visiting the Kedamangan Institutions in Central Kalimantan and Dayak Customary Council (DAD) in Central Kalimantan. It can complement the national legal effort before the national legal implementation of RUU KUHP for Dayak Ngaju community in Central Kalimantan. The legal effort taken to ensnare the cheating woman’s action is the challenge of oath that is the most serious legal effort that can be conducted by the indigenous people of Dayak Ngaju tribe. They believe that the oath pronounced during the Basara Adat will be seriously for those who dare to lie.They might have a short life, no fortune and suffer from continuing illness for themselves and their descendants and siblings. Dayak Ngaju’s custom sanctions imposed for Pelakor is to pay twice the value of the customary marriage (dowry) of a man he arrogated to pay shame compensation for the woman's wife's legal family, pay compensation for the marriage costs for the legal wife and pay for the party peace.How to cite item: Pratiwi, P., Suprayitno, S., Triyani, T. (2019). Upaya Hukum untuk Menjerat Tindakan Pelakor dalam Perspektif Hukum Adat Dayak Ngaju. Jurnal Cakrawala Hukum, 10(2), 209-217. doi:https://doi.org/10.26905/idjch.v10i2.3469]]>
<![CDATA[Contradictory Impartiality Principle in the Supervisory System of Constitutional Court Judges ]]>
<![CDATA[Ali Prakosa]]>;
<![CDATA[Pompy Polansky Alanda]]>;
<![CDATA[Nurul Istianah]]>;
<![CDATA[Luthcas Rohman]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 10, No 2 (2019): December 2019 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v10i2.3470
<![CDATA[The Constitutional Court (MK) through Its Verdict No. 1-2 / PUU-XII / 2014 substantially causes a legal vacuum (rechtsvacum) serving as the basis for the constitutional judge's external supervisory body. Besides that, with the application of the Constitutional Court's supervisory system through the Ethics Council and the Constitutional Court Honorary Council (MKMK) is considered to have deviated the principle of nemo judex idoneus in propria causa because one of the members of the MKMK was a constitutional judge, means hearing his own case. The research method used is the normative legal research method with the statue approach and conceptual approach. Supervision of Constitutional Court judges requires Reinventing (legal reform) by involving members of the Supreme Court and members of the House of Representatives as members of the Ethics Council and replacing one Constitutional Judge with one former Supreme Court Judge. The supervision change of the Constitutional Court judges is aimed to increase the authority of the Constitutional Court and to hold the principle of impartiality.How to cite item: Prakosa, A., Alanda, P., Istianah, N., Rohman, L. (2019). Contradictory Impartiality Principle in the Supervisory System of Constitutional Court Judges. Jurnal Cakrawala Hukum, 10(2), 117-125. doi:https://doi.org/10.26905/idjch.v10i2.3470 ]]>
<![CDATA[Praktik insider trading sebagai bentuk pelanggaran prinsip keterbukaan informasi dalam pasar modal di Indonesia ]]>
<![CDATA[Fisuda Alifa Mimiamanda Radinda]]>;
<![CDATA[Monika Ardia Ningsi Massora]]>;
<![CDATA[Ricka Auliaty Fathonah]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 11, No 1 (2020): April 2020 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v11i1.3528
<![CDATA[This study discusses the legal protection of investors against the practice of insider trading in the capital market in Indonesia and violations / crimes of insider trading is a form of violation of the principle of information disclosure in the capital market. The purpose of this study is to analyze the legal protection of investors against the practice of insider trading in the capital market in Indonesia and violations / crimes of insider trading is a form of violation of the principle of information disclosure in the capital market. This research uses the normative juridical method. The approach used is the Invitation-invite approach. The legal material used is primary legal material and secondary legal material. Legal material collection techniques used through library studies. Technical analysis used with deductive logic, which draws conclusions from general to specific. The results of the study are difficult to provide a legal protection for investors due to Insider Tranding practices, due to weaknesses in the Capital Market Law for the enforcement of insider trading practices in the Capital Market and Insider Trading is a form of violation of the principle of information disclosure in the Capital Market, even though the purpose of the principle of information disclosure itself is to guarantee transparency in the capital market.How to cite item: Mimiamanda Radinda, F., Ningsi Massora, M., Fathonah, R. (2020). Praktik insider trading sebagai bentuk pelanggaran prinsip keterbukaan informasi dalam pasar modal di Indonesia. Jurnal Cakrawala Hukum, 11(1), 41-49. doi:https://doi.org/10.26905/idjch.v11i1.3528]]>
<![CDATA[Pertanggungjawaban Pemerintah terhadap petugas PPS dan KPPS sebagai korban penyelengaraan pemilihan umum ]]>
<![CDATA[Faisal Adhyaksa]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 11, No 1 (2020): April 2020 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v11i1.3530
<![CDATA[The general election of the Indonesian State are the largest democratic progress in the world. At years 2019, process of election was incident by implementation problems. The problem resulted in several victims of violence and even died. The National Election Commission, will at least take part in being responsible for this incident. This research used normative juridical methods. This method using fundamental normative and theories analyse. Aspects of legal liability are from criminal law, civil law, administration, and even from political liability. Some aspects of the law that cannot be prosecuted are criminal and political aspects, but on the other side they can be prosecuted in terms of civil and administrative consequences as a result of the juristic person of the state. Accountability from the realm of civilization is a form of absolute accountability. In the realm of state administration law the loss of enforcement of AAUPB is a serious concern in public management which is increasingly leaning towards the private style. There is a need for monitoring of the implementation of elections in Indonesia because of the enormous political power which only threatens law enforcement.How to cite item: Adhyaksa, F. (2020). Pertanggungjawaban Pemerintah terhadap petugas PPS dan KPPS sebagai korban penyelengaraan pemilihan umum. Jurnal Cakrawala Hukum, 11(1), 21-30. doi:https://doi.org/10.26905/idjch.v11i1.3530]]>
