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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 279 Documents
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Penerapan asas praduga tak bersalah pada harta kekayaan yang patut diduga untuk pendanaan terorisme Pranowo, Prayogo
Jurnal Cakrawala Hukum Vol 11, No 1 (2020): April 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v11i1.3539

Abstract

Money laundering is a form of further criminal acts committed to eliminate traces of wealth obtained from crime / criminal offenses, in Law No. 8 of 2010 concerning Money Laundering in Article 2 paragraph 2 it is explained that an asset, if used for terrorism activities, whether it is suspected or known, it will be equated with money laundering, there is a conflict in the sentence "should be suspected" and "equated as the result of a criminal act" wherein in the presumption of innocence a person cannot be found guilty before there is a decision permanent legal force judges, normative legal research methodology with a statute approach, and conceptual approach, while the formulation of the issues to be discussed in this study are: The legal basis for the presumption of innocence in the crime of money laundering, handling of assets belonging to terrorism in Article 2 of the Law on Money Laundering and Related Regulations, and the purpose of this research are: to find out and analyze the relationship between the presumption of innocence against limiting money laundering in terms of using wealth against terrorism financing, to find out and analyzing the application of the principle of presumption of innocence to the eradication of money laundering in terms of using wealth against terrorism financing.How to cite item: Pranowo, P. (2020). Penerapan asas praduga tak bersalah pada harta kekayaan yang patut diduga untuk pendanaan terorisme. Jurnal Cakrawala Hukum, 11(1), 91-101. doi:https://doi.org/10.26905/idjch.v11i1.3539
Kajian Yuridis Penyelesaian Perselisihan Hasil Pemilihan Kepala Desa Supriyadi Supriyadi
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.v10i2.3541

Abstract

Headman election are part of a village government implementation system that transparent, independent, accountable and democratic. Conducting headman election in direct, general, free, confidental, honest and fair are expected to produce a headman who is able to lead and organize village government in effective, efficient, responsible manner, and trusted by the villagers. This kind of headman can create and increase the welfare of the villagers. Based on juridical study, the legislation that directly regulates headman election is not adequate enough for the provision concerning dispute of headman election result. It only appoint regent/mayor as a party that obligated to settle disputes within 30 (thirty) days, and a deadline to submit an objection is 3 (three) days. Therefore, making a more technical regulationregarding the stages, mechanisms, and procedures for resolving headman election disputes in a form of regional legal products will greatly help providing a solution for the election implementation committee at both the village and regency/city level, candidates for headman, villagers, and regent/mayor who was given the obligation to resolve dispute of headman election result.How to cite item: Supriyadi, S. (2019). Kajian Yuridis Penyelesaian Perselisihan Hasil Pemilihan Kepala Desa. Jurnal Cakrawala Hukum, 10(2), 228-237. doi:https://doi.org/10.26905/idjch.v10i2.3541
Implementasi Bimbingan Terhadap Anak yang Memperoleh Pembebasan Bersyarat Hartarto Pakpahan; Endah Sasmita
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.v10i2.3542

Abstract

Children who have served a criminal period for a crime committed are entitled to get parole. The research method is sociological juridical that is identifying and conceptualizing the law of how in its application in people's lives. Data collection was carried out by interviewing BAPAS Class I Malang official informants and observing by taking data needed at the research site. The results of the study showed that the way of guidance carried out by BAPAS Class I Malang, namely: that children are required to come to Bapas for counseling and home visits for supervision. In the implementation of the guidance BAPAS Malang experienced several obstacles to the client, namely: the economic factors of the client so that he could not routinely come to Bapas so that Bapas tried to provide guidance on counseling the child through communication tools in the form of telephone, and biala there were more budget funds so Bapas did a home visit to the client's place.How to cite item: Pakpahan, H., Sasmita, E. (2019). Implementasi Bimbingan Terhadap Anak yang Memperoleh Pembebasan Bersyarat. Jurnal Cakrawala Hukum, 10(2), 166-176. doi:https://doi.org/10.26905/idjch.v10i2.3542
Hukum Progresif sebagai Solusi Kebebasan Berpendapat dengan Asas Demokrasi Pancasila Laila, Khotbatul
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.v10i2.3546

Abstract

Democracy guarantees the basic rights of every citizen to express their opinions freely. freedom that is limited by mechanism. Restrictions on freedom of opinion by mechanisms is so important to be implemented, in order to maintain the basic values of the Indonesian state as a constitutional democratic state. the law was formed to make people happy and give benefit to humans, not humans who are slaves to the law that tend to emphasize procedural justice. The application of progressive law towards the perpetrators of this law, is expected to be able to direct the law produced by the legislative process which tends to be elitist to lead to the interests of justice and the welfare of the people at large. Legislation is indeed one of the bridges to bring people to justice, but it is not the only one. The community realizes that law is a never final process. Regarding the series of laws relating to the mechanism of freedom of opinion, the application of progressive law is used as a means of harmonizing legal law between rigid written rules of law with a dynamic and always developing society.How to cite item: Laila, K. (2019). Hukum Progresif sebagai Solusi Kebebasan Berpendapat dengan Asas Demokrasi Pancasila. Jurnal Cakrawala Hukum, 10(2), 177-186. doi:https://doi.org/10.26905/idjch.v10i2.3546
Asas Keseimbangan dalam Pelaksanaan Perjanjian Anjak Piutang (Factoring) Dewi Astutty Mochtar
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.v10i2.3558

Abstract

The principle of equilibrium contains a hope of achieving equilibrium included in an agreement or business contract, where the interests of the individual are guaranteed by objective law, in carrying out the agreement there must be a balance of rights and obligations of each party in accordance with the agreement. So far the implementation of factoring agreement refers to article 1338 of the Civil Code following the principle of freedom to make a contract, and if there are problems arising from this institution, legal settlement is possible through a court or through arbitration. It depends on the agreement made by the parties involved. The results showed that the nature of the legal relationship between factor and client is the nature of the legal relationship in the form of a loan agreement, and the fact that the principle of balance does not apply to factoring agreements, this is due to the format and content of the agreement unilaterally determined by factoring , and cannot be negotiated again by the debtor. As a result, the debtor's position is very weak compared to the creditor's position. To realize the principle of balance requires efforts from the government in the form of laws governing the basic rules that must be considered by the parties who wish to enter into factoring agreements.How to cite item: Mochtar, D. (2019). Asas Keseimbangan dalam Pelaksanaan Perjanjian Anjak Piutang (Factoring). Jurnal Cakrawala Hukum, 10(2), 146-155. doi:https://doi.org/10.26905/idjch.v10i2.3558 
Tertib hukum pembentukan peraturan perundang-undangan pasca putusan Mahkamah Konstitusi Haru Permadi
Jurnal Cakrawala Hukum Vol 11, No 1 (2020): April 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v11i1.3642

Abstract

The state of law the main aspect that must be considered is legal certainty. Legal certainty can be realized with the government forming legislation that does not conflict between legal components. One component of the law is a judicial decisions which in this article focuses on the Constitutional Court’s decisions. One of the Constitutional Court’s decisions is the decision on the examination of the Act  against the Constitution. In that decision there are statements that contradict or not contradict a norm that is tested by the Constitution. This research purpose is  to examine whether the Constitutional Court’s decisions is considered by the legislators to realize legal certainty. A method of writing in this research uses the method of doctrinal research or commonly referred to as normative research. The research results show that there are legislations which are formed in opposition of the Constitutional Court’s decisions particularly relating to judge the legal opinion. Minister of Law and Human Rights Regulation No. 14 of 2019 concerning Ratification of Cooperatives mentions in Article 6 paragraph (3) there are five types of cooperatives, whereas the Constitutional Court's decisions mentions that restrictions on the type of cooperatives will block the creativity of cooperatives. Therefore the guarantee of legal certainty in the legislation does not materialize.How to cite item: Permadi, H. (2020). Tertib hukum pembentukan peraturan perundang-undangan pasca putusan Mahkamah Konstitusi. Jurnal Cakrawala Hukum, 11(1), 50-59. doi:https://doi.org/10.26905/idjch.v11i1.3642 
Reformulasi domain hukum ideologi Pancasila oleh Badan Pembinaan Ideologi Pancasila Ferry Anggriawan
Jurnal Cakrawala Hukum Vol 11, No 1 (2020): April 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v11i1.4045

Abstract

The promulgation of Presidential Regulation No. 7 of 2018 concerning the Pancasila Ideology Development Agency automatically results in the legal status of the Pancasila Ideology not only as the basis of the state, but as a state ideology that was ratified through Presidential Regulation No. 7 of 2018 concerning the Pancasila Ideology Development Agency. The legal facts that occur are legal vacancies related to the substance of the ideology's legal domain regulation. The result is that the Pancasila Ideology Development Board (BPIP) which has been given the authority to foster the community in relation to the Pancasila ideology, is not given a legal basis in terms of the ideological substance to be conveyed. Reformulation of the regulation of Pancasila ideology substance is very much needed in this matter, on the one hand it guarantees legal certainty over its legal domain, on the other hand ideology must be applied in accordance with historical roots, philosophies and positive laws that exist in Indonesia.How to cite item: Anggriawan, F. (2020). Reformulasi domain hukum ideologi Pancasila oleh Badan Pembinaan Ideologi Pancasila. Jurnal Cakrawala Hukum, 11(1), 31-40. doi:https://doi.org/10.26905/idjch.v11i1.4045
Analisis peraturan perkawinan beda agama di berbagai negara sebagai perlindungan hukum untuk membentuk keluarga Kadek Wiwik Indrayanti; Enny Ristanty
Jurnal Cakrawala Hukum Vol 11, No 1 (2020): April 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v11i1.4046

Abstract

The validity of interfaith marriages for Indonesian citizens is not regulated in the provisions of Law No. 1 of 1974 as amended by Law No. 16 of 2019 concerning marriages, while the fact of citizens who engage in interfaith marriages is increasing. A comparative study of marriage regulations in several countries aims to gain holistic knowledge and understanding of the regulations governing marriages, specifically the similarities and differences in marriages of different religions. So that the future can be used as input in regulating the rules of interfaith marriages in Indonesia. The research method used to analyze this study is normative legal research because it uses a comparative approach to law in several countries. The results show that the validity of marriages in several countries such as the USA, Australia, Singapore and the Netherlands is done through registration. Almost all countries used as objects of study regulate interfaith marriages. So that the protection of the right to form a family is guaranteed. Turkey which has similarities with Indonesia regulates interfaith marriages.How to cite item: Indrayanti, K., Ristanty, E. (2020). Analisis peraturan perkawinan beda agama di berbagai negara sebagai perlindungan hukum untuk membentuk keluarga. Jurnal Cakrawala Hukum, 11(1), 71-81. doi:https://doi.org/10.26905/idjch.v11i1.4046
Analisis yuridis-normatif terhadap peran dan tindakan telemarketing dalam transaksi digital Indah Rahmawati
Jurnal Cakrawala Hukum Vol 11, No 1 (2020): April 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v11i1.4047

Abstract

The development was needed some law in about digital regulation. At the era of industrial revolution 4.0 abandoned more conventional methods and has switched to used digital methods. The principles and values of law are indeed permanent, but if new methods are not annulled further they will cause problems in the practice of the legal world. One of many problem is telemarketing. The telemarketing method has been widely used in recent years in the economy sectoral. Marketing is indeed the spearhead of the success of a company. Problems begin to arise when telemarketing is misused by using certain gaps. This research uses a juridical-normative method with norm approach and theory analysis. The results of this study reveal that criminal prosecution will be more complex when execute with companies because the figure of a legal entity is fundamentally different from individuals in terms of accountability. In the realm of civilization many are protected by existing norms in Indonesia through financial service authority institutions and dispute resolution by the Court. Some civil problems are caused by Misbruik van Omstadigheden of the companies that manage financial services.How to cite item: Rahmawati, I. (2020). Analisis yuridis-normatif terhadap peran dan tindakan telemarketing dalam transaksi digital. Jurnal Cakrawala Hukum, 11(1), 60-70. doi:https://doi.org/10.26905/idjch.v11i1.4047
Politik hukum revisi undang-undang KPK yang melemahkan pemberantasan korupsi Yulianto Yulianto
Jurnal Cakrawala Hukum Vol 11, No 1 (2020): April 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v11i1.4049

Abstract

This writing discusses the substance of the revision of law number 30/2002 about commission for the eradication of corruption (KPK). The problem that occurs is that the revision of the law actually weakens the KPK and sides with criminal acts of corruption. This paper aims to understand and understand about how the provisions of the revision of the KPK law are actually out of their noble objectives as a political political choice that will strengthen the eradication of corruption in Indonesia. The author uses the normative legal research method with the analysis approach to the legislation and the ruling of the constitutional court. This paper produces research that the KPK should be strengthened by presenting revisions to the law in favor of improving performance and not on things that actually appear to weaken the KPK.How to cite item: Yulianto, Y. (2020). Politik hukum revisi undang-undang KPK yang melemahkan pemberantasan korupsi. Jurnal Cakrawala Hukum, 11(1), 111-124. doi:https://doi.org/10.26905/idjch.v11i1.4049

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