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
Penghapusan diskriminasi, ras, dan etnis pembuatan surat keterangan waris yang didasarkan pada penggolongan penduduk Fadilla Dwi Lailawati
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.v11i1.4051

Abstract

Inheritance law is inseparable from the origin of the Indonesian nation which consists of various ethnic or ethnic groups so there are various rules that have been formed related to inheritance law in Indonesia. Population classification and the applicable law for each of these groups are based on the provisions of 163 paragraph (1) IS (Indische staats Regeling 2 inherited from the Dutch East Indies Colonial Government. Supervising the population in the colony and politics of duping for the population in the Dutch East Indies at that time the Indonesia population groups, namely the European Group the Indigenous Group, and the foreign eastern group.How to cite item: Lailawati, F. (2020). Penghapusan diskriminasi, ras, dan etnis pembuatan surat keterangan waris yang didasarkan pada penggolongan penduduk. Jurnal Cakrawala Hukum, 11(1), 12-20. doi:https://doi.org/10.26905/idjch.v11i1.4051
Kajian hukum terhadap peraturan daerah Kabupaten Malang yang berkaitan dengan peningkatan penanaman modal Khotbatul Laila
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.v11i1.4118

Abstract

One indicator of the success of efforts to increase economic growth and investment attractiveness is the number of investment activities that exist. Therefore, as an area characterized by cities, investment becomes a very important thing for economic growth in Malang Regency. Investment activities are more focused on efforts to utilize local potentials and increase institutional capacity and develop various investment alternatives. Therefore, the private sector and the community need to be encouraged and improved to develop their businesses, including making choices for development activities. Therefore, the research entitled "Legal Review of Malang Regency Regulations Related to Increasing Investment" in Malang Regency is important as one of the efforts of researchers to participate in helping to improve development in Malang Regency in terms of improving regulations and local regulations.How to cite item: Laila, K. (2020). Kajian hukum terhadap peraturan daerah Kabupaten Malang yang berkaitan dengan peningkatan penanaman modal. Jurnal Cakrawala Hukum, 11(1), 82-90. doi:https://doi.org/10.26905/idjch.v11i1.4118
Implikasi yuridis putusan Mahkamah Konstitusi nomor 93/PUU-X/2012 terkait dengan penyelesaian sengketa perbankan syariah Dhaniar Eka Budiastanti
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.v11i1.4120

Abstract

Islamic Banking dispute resolution is an effort to resolve the problem carried out by the bank and the customer, if one of the parties is in default. The settlement of the Sharia Banking dispute is based on Law Number 21 of 2008 concerning Sharia Banking, particularly Article 55 of the Law. After the Constitutional Court gave its decision, through the Constitutional Court's Decision Number 93 / PUU-X / 2012, a legal implication occurred, namely the blurring of norms related to the resolution of Sharia Banking disputes. The writing method used is normative juridical, using the statutory approach (Statue Approach) and case approach. The results obtained related to this writing are the creation of a legal uncertainty related to the resolution of disputes outside the court (non-litigation).How to cite item: Budiastanti, D. (2020). Implikasi yuridis putusan Mahkamah Konstitusi nomor 93/PUU-X/2012 terkait dengan penyelesaian sengketa perbankan syariah. Jurnal Cakrawala Hukum, 11(1), 1-11. doi:https://doi.org/10.26905/idjch.v11i1.4120
Kajian yuridis peraturan daerah mengenai larangan pengemis Nyimas Aziziah Jehan Yusaviera; Holiyatul Farodis; Yarris Adhial Fajrin
Jurnal Cakrawala Hukum Vol 11, No 2 (2020): Agustus 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v11i2.3640

Abstract

The increasing number of people with social welfare problems has received serious attention from the government. The majority of people with social welfare problems are due to poverty. The mindset of beggars is also the mindset of the community, often when people see beggars they always feel sorry and pity. The government has taken many steps, one of which is the enforcement of laws and regulations regarding the prohibition of begging in public. This writing method is to use the normative method, namely research that focuses on the study of the application of a rule or norm in positive law. The reason for this is that the Regional Regulation (Perda) of Malang City Number 2 of 2012 concerning Public Order and the Environment still creates regulatory ineffectiveness. This step aims to overcome public begging which can disrupt public order. The statutory regulations issued by the Malang City Government to overcome these social problems are the Malang City Regional Regulation Number 2 of 2012 concerning Public Order and the Environment.How to cite item: Wijaya, N., Perwira, T., Rusman, R. (2020). Politik hukum dalam pembentukan undang-undang Republik Indonesia nomor 18 Tahun 2019 tentang pesantren. Jurnal Cakrawala Hukum, 11(2), 194-201. doi:https://doi.org/10.26905/idjch.v11i2.3867
Politik hukum dalam pembentukan undang-undang Republik Indonesia nomor 18 Tahun 2019 tentang pesantren Nisan Rolan Wijaya; Tangkas Hadi Perwira; Rahman Syawal Rusman
Jurnal Cakrawala Hukum Vol 11, No 2 (2020): August 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v11i2.3867

Abstract

Political of Law covers the creation and implementation of the law to be built and enforced. Legal politics are found in the process of political decision making. Political decisions relating to basic principles, other policies and regulations include the field of religious education. Nevertheless, legal politics is a means used by the state to create a national legal system, where the legal system is expected to realizing the ideals of the nation that is contained in the Constitution of the year 1945 where One is to educate the life of the nation, including this is the legal politics of the establishment of law on Pesantren. The legal determination of the Pesantren has a strong philosophical, sociological and juridical policy that can be accounted for, it proves that the Pesantren has grown and developed in the community in an effort to improve Faith and Piety and Akhlakul Karimah with his trademark has been instrumental in realizing Islam to be a blessing for all nature, which proved to have a concrete role in the struggle to realize the independent Indonesia and participate in National development of the Republic of Indonesia.How to cite item: Wijaya, N., Perwira, T., Rusman, R. (2020). Politik hukum dalam pembentukan undang-undang Republik Indonesia nomor 18 Tahun 2019 tentang pesantren. Jurnal Cakrawala Hukum, 11(2), 194-201. doi:https://doi.org/10.26905/idjch.v11i2.3867
Peran pemerintah daerah dalam mendukung potensi indikiasi geografis produk pertanian Ranitya Ganindha; Sukarmi Sukarmi
Jurnal Cakrawala Hukum Vol 11, No 2 (2020): Agustus 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v11i2.3970

Abstract

The recording of Geographical Indications itself has benefits that can increase the economic benefits of the product. Registration of Geographical Indication Certification can increase the potential of a product of biological wealth. The advantage that is obtained if a product is protected by Geographical Indications is that the product will be superior and have higher competitiveness compared to similar products. The local government of Malang Regency and local farming communities in Malang Regency have awareness regarding the protection of Geographical Indications. One of the programs launched by the government through the Ministry of Law and Human Rights is the Increase in the Number of Geographical Indications. Registration of Geographical Indications not only gives an economic increase, but also has a long impact on the progress of the tourism sector as one of the superior programs that the Malang Regency Government wants to achieve. This research is a juridical empirical research with a qualitative interpretation. Research using the empirical method means that the research is carried out directly in the field to identify problems and find solutions to problems that occur. The outputs produced through this research are studies, draft regional regulations, and journals that can be used as reference material for the Malang Regency Government.How to cite item: Ganindha, R., Sukarmi, S. (2020). Peran pemerintah daerah dalam mendukung potensi indikiasi geografis produk pertanian. Jurnal Cakrawala Hukum, 11(2), 211-221. doi:https://doi.org/10.26905/idjch.v11i2.3970
Legal responsibility upon the negligence of entrepreneurs in registering their labors as the member of BPJS ketenagakerjaan Sujana Donandi Sinuraya
Jurnal Cakrawala Hukum Vol 11, No 2 (2020): August 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v11i2.4042

Abstract

Government have mandated the entrepreneurs to register their labors as the member of BPJS Ketenagakerjaan in accordance to the  Law Number 24 Year 2011 regarding ‘Badan Penyelenggara Jaminan Sosial’ (BPJS)/ UU BPJS. In fact, Many labors are not registered. In Kabupaten Bekasi, 30 percents of the total labors are not registered. This research tries to examine the legal consequences upon the negligence of the entrepreneurs in Kabupaten Bekasi in  registering their labors as the member of BPJS Ketenagakerjaan. This research also aims to examine the legal responsibility of the entrepreneurs in Kabupaten Bekasi towards their unregistered labors. The research methodology is Normative-Empirical Legal Research. The result shows that the legal consequences of the negligence of the entrepreneurs in Kabupaten Bekasi in registering their labor to   BPJS Ketenagakerjaan is that the entrepreneurs could be punished with administrative sanction such as written reprimand, fine, and or prohibitation to access a certain public service. Meanwhile, legal responsibility of the entrepreneurs in Kabupaten Bekasi towards their labor appears in form of civil compensation. In case the dispute would be settled in Industrial Court, then the judges could sentenced the entrepreneurs to register their labor as the member of BPJS Ketenagakerjaan.How to cite item: Sinuraya, S. (2020). Legal responsibility upon the negligence of entrepreneurs in registering their labors as the member of BPJS ketenagakerjaan. Jurnal Cakrawala Hukum, 11(2), 222-230. doi:https://doi.org/10.26905/idjch.v11i2.4042
Hubungan agama dengan Pancasila dalam perspektif konstitusi Nahuddin, Yusuf Eko; Prastyo, Angga
Jurnal Cakrawala Hukum Vol 11, No 3 (2020): Desember 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v11i3.4070

Abstract

This study is a normative legal research and uses a statute approach and applies a descriptive analysis method which is conducted to analyze the relationship between Religion and Pancasila in the perspective of the 1945 Constitution., and their position in the 1945 Constitution. Religion becomes an object of study that is so complex in its relation to the state. The last time it was seen as the statement of YudianWahyudi (Chairperson of BPIP) about religion as an enemy of Pancasila. The 1945 Constitution which is positioned highest in the hierarchy of statutory regulations is an appropriate indicator in examining the relationship between religion and Pancasila, especially in the framework of a normative legal paradigm in Indonesia. In the main analysis of the results and discussion of this study, it was concluded that Religion is a supporter of the existence of Pancasila, and Religion cannot be contested or compared with Pancasila in the context of its position and position in the state and the administration of government. These results are so important for efforts to realize the objectives of the state, in order to underpin the administration of state in an effective and efficient state, without revisiting the problems and debates that have actually been resolved.How to cite item: Nahuddin, Y., Prastyo, A.(2020). Hubungan agama dengan Pancasila dalam perspektif konstitusi. Jurnal Cakrawala Hukum, 11(3). 282-290.doi:10.26905/idjch.v11i3.4070. 
Hak paten sebagai objek jaminan fidusia berdasarkan peraturan perundang-undangan mengenai jaminan fidusia dan paten Herda Mardiana; Muhamad Amirulloh; Pupung Faisal
Jurnal Cakrawala Hukum Vol 11, No 2 (2020): August 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v11i2.4094

Abstract

The issuance of the latest law regarding patent rights is Law Number 13 Year 2016 Regarding Patents which in article 108 paragraph (1) states that Patent Rights can be used as objects of fiduciary security. Fiduciary guarantees of patents will follow the procedures set out in Law Number 42 year 1999 regarding Fiduciary Guarantees. Patents have fulfilled the requirements specified in Article 1 point 2 of the Fiduciary Guarantee Law, but in practice until now the financial institutions in Indonesia have not received patents as objects of fiduciary collateral in filing bank loans. Normative-juridical approach methodsis used in this research, with descriptive-analytical research spesifications aimed at consideringrelation between applicable legislation and theories with the practice of implementation concerning the problems studied. Data technique used in this research is analyzed by using normative-qualitative method. The results of the study state that until now financial institutions in Indonesia have not yet received patents as fiduciary guarantees because peten rights as fiduciary guarantees have not received legal certainty because the formulation of the norms contained in Article 108 paragraph (1) of the Patent Law only regulates and does not compel.How to cite item: Mardiana, H., Amirulloh, M., Faisal, P. (2020). Hak paten sebagai objek jaminan fidusia berdasarkan peraturan perundang-undangan mengenai jaminan fidusia dan paten. Jurnal Cakrawala Hukum, 11(2), 177-186. doi:https://doi.org/10.26905/idjch.v11i2.4094
Perlindungan hukum anak buah kapal dalam aspek kesejahteraan di bidang hukum ketenagakerjaan Azis Prama Pramuditya; Agus Mulya Karsona; Holyness Singadimedja
Jurnal Cakrawala Hukum Vol 11, No 2 (2020): Agustus 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v11i2.4100

Abstract

Seafarers is one of the profession of maritime sector that play most important roles in shipping activity in Indonesia. Due to the unpredictability of weather, mightiness of the sea and other unpredictable factors made the work of seafarers full of risk. The risk of seafarers profession made anyone who works on the sea should be protected. Thus, there should be seafarers employment agreement between the shipowner and the seafarers. The main purpose of this study is to find out the legal protection of seafarer since the agreement concluded until the end of the employment agreement and also to know what the legal action that can be done by seafarer if one of its rights is not fulfill so they can not reach their welfare. This study is based on juridis-normative approaach that use primary and secondary data sources. The result of this study shows that remuneration aspect, sosial benefits and mechanism of employment termination factors are so important to determine seafarers walfare. Based on on the reasearch, dispute between the employment and the employer can be solved in industial relations court.How to cite item: Pramuditya, A., Karsona, A., Singadimedja, H. (2020). Perlindungan hukum anak buah kapal dalam aspek kesejahteraan di bidang hukum ketenagakerjaan. Jurnal Cakrawala Hukum, 11(2), 136-146. doi:https://doi.org/10.26905/idjch.v11i2.4100