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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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Pengaturan asas keterbukaan dalam pembentukan undang-undang Angga Prastyo; Samsul Wahidin; Supriyadi Supriyadi
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.v11i2.4136

Abstract

This legal research is based on the focus of the problem regarding the Regulation of the Principle of Openness of Law Formation in Indonesian Positive Law, and the Regulation of the Principle of Openness of Correct Formation of Laws in Indonesian Positive Law. This research includes normative legal research with a statutory approach and in the analysis of legal materials using qualitative descriptive techniques. Based on the results of research and analysis of problems in this study, it is concluded that the Regulation of the Principle of Openness of Law Formation in Indonesian Positive Law contains provisions that underlie the availability of information on the implementation of Law Formation for all elements of society, but not as a whole, and the Regulation of the Principle of Openness In the Formation of Laws in accordance with the Positive Law of Indonesia are the arrangements that underlie the availability of information on the Formation of Laws that are disseminated and conveyed transparently to the public, as well as the widest possible opportunity for all elements of society to provide input in the Formation of Laws in accordance with with the Principles of Formation of Laws and General Principles of Good Governance.How to cite item: Prastyo, A., Wahidin, S., Supriyadi, S. (2020). Pengaturan asas keterbukaan dalam pembentukan undang-undang. Jurnal Cakrawala Hukum, 11(2), 125-135. doi:https://doi.org/10.26905/idjch.v11i2.4136
Kajian komparatif lembaga penolakan waris dalam perspektif hukum waris adat dan Islam Oemar Moechtar; Baren Valentino; Denita Cahyanti Wahono
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.v11i3.4225

Abstract

Inheritance legal system in Indonesia has legal problems with the absence of an institution that rejects inheritance for the Adat and Islamic inheritance law system. Presently, the institution of inheritance rejection is only known in civil inheritance law system, whereas in the Adat nor Islamic inheritance law system is unfamiliar with this term. Inheritance is a right, rights that belongs to the heir, giving the free will either to accept or reject an inheritance bestowen to the heir which no one can instinctively regulate an individual to accept, use, or reject an inheritance. The purpose of this research is to find solution on antinomy that occurs in Inheritance Rejection on Adat and Islamic Inheritance Law as compared to Inheritance Rejection in civil inheritance law which use research methods through statute approach and conceptual approach. Indonesia Inheritance Rejection arise an issue as the heir who wants to reject the transfer of property through inheritance is unable to do so because there are no legal instruments that accommodate the Inheritance Rejection. Inheritance Rejection only known in civil inheritance law regulated in BW however it’s not yet or even unknown in Adat and Islam Inheritance Law.How to cite item: Moechtar, O., Valentino, B., Wahono, D. (2020). Kajian komparatif lembaga penolakan waris dalam perspektif hukum waris adat dan Islam. Jurnal Cakrawala Hukum, 11(3). 291-301.doi:10.26905/idjch.v11i3.42.
Penerаpаn аsаs-аsаs umum pemerintаhаn yаng bаik dаlаm penyelesаiаn sengketа tanah hak milik Dita Ernanda; Istislam Istislam; Yuliati Yuliati
Jurnal Cakrawala Hukum Vol 12, No 1 (2021): April 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i1.4226

Abstract

This paper aims to understand the General Principles of Good Governance in the principles used as a reference in the use of authority for Government Officials in issuing decisions and / or actions in government administration. The research method is the juridical empirical method because it examines the implementation of AUPB as one of the bases for testing the validity of government actions, namely the settlement of disputes / conflicts over property rights. Based on the results of the discussion, it is found that government officials or government organizations are obliged to apply this to create justice and welfare in society. Of course this should also be implemented in dispute resolution, particularly land dispute resolution. This research focuses on the application of AUPB in the settlement of land disputes at the Malang City Land Office, because there are still many polemics in its resolution. Fаktor law sebаgаi penghаmbаt dаri terms of legal structure аdаlаh terhаdаp object yаng telаh published suаtu hаk аtаs tаnаh dаn the object sedаng menjаdi object perkаrа in pengаdilаn dаn BPN menjаdi pihаk dаlаm perkаrа, terkаit CTF SKP yаng telаh dilаkukаn pengentriаn dаtа mаkа beberаpа pelаyаnаn pendаftаrаn tаnаh аkаn locked / blocked by the system. Non-legal factors as an obstacle to dispute settlement are the parties who are difficult to do to work together in the process of dispute resolution but never lead to zinc resolution.How to cite item: Ernanda, D., Istislam, I., Yuliati, Y. (2021). Penerаpаn аsаs-аsаs umum pemerintаhаn yаng bаik dаlаm penyelesаiаn sengketа tanah hak milik. Jurnal Cakrawala Hukum, 12(1), 32-40. doi:https://doi.org/10.26905/idjch.v12i1.4226
Criminal act provision of psychic violence on wife in household scope Sri Nurfadillah DH Pasha; Muhadar Muhadar; Haeranah Haeranah
Jurnal Cakrawala Hukum Vol 11, No 3 (2020): December 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v11i3.4248

Abstract

Psychological violence in household matters is violence that attacks the psychologicalvictim so that it can cause mild to severe psychiatric disorders. In the process ofproving it needed help from experts. This research is a sociological juridical studyand data analysis used in this study is qualitative data analysis. The results of thisstudy show that the process of proof of psychological violence within the scope of thehousehold must include the Visum et Repertum Psychiatricum made by the psychiatristand his examination team in order to assist the prosecutor to make theindictment and judge in making the fairest decision. The inhibiting factor in the process of proving psychological violence in the household is that no physical evidencecan be found in the victim, other witnesses who sometimes refuse to testifybecause they do not want to interfere in other people’s household affairs, there is along period of time between the incident and the post mortem examination, so theresults of the post mortem become less accurate, and the victim does not continue thelegal process.How to cite item: DH Pasha, S., Muhadar, M., Haeranah, H. (2020). Criminal act provision of psychic violenceon wife in household scope. Jurnal Cakrawala Hukum, 11(3). 341-350. doi:10.26905/idjch.v11i3.4248.
Legal assistance agencies for children as criminal action victims in criminal justice processes Dewi Athirah Aksan; M Said Karim; Abd Asis
Jurnal Cakrawala Hukum Vol 11, No 3 (2020): December 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v11i3.4249

Abstract

Children who need special protection if they are in an environment full of violence or tend not to care. The legal aspects of child protection need to be considered because legal protection of children and juvenile justice is one way to protect children in their future growth. Cases of violence against children are rife in Indonesia, namely acts of violence such as abuse, harassment and acts of sexual violence. This type of research is normative-empirical legal research at the Makassar Legal Aid Institute, the Indonesian Women's Association for Legal Assistance for Makassar Justice, the HARS Legal Aid Institute, and the Law Faculty Consultation and Legal Aid Unit at Hasanuddin University. The data source of this research is primary data from interviews and secondary data from literature studies, namely collecting data and legislation, books of scientific work, and opinions of experts. The study uses quantitative data analysis by combining secondary data obtained from literature. The results of this study concerning the forms of legal aid provided by LBH for children as victims included sociological assistance, monitoring of hearings in the court, and diversion assistance. While the optimization of services provided by LBH in handling children dealing with the law in this case the victim's child has not been effective.How to cite item: Aksan, D., Karim, M., Asis, A. (2020). Legal assistance agencies for children as criminal action victims in criminal justice processes. Jurnal Cakrawala Hukum,11(3). 313-322. doi:10.26905/idjch.v11i3.4249.
Perlindungan hukum bagi penerima wasiat terhadap notaris yang tidak melaporkan akta wasiat secara elektronik Rizka Octa Pratiwi
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.v11i3.4267

Abstract

This study focuses on discussing legal protection for beneficiaries of Notaries whodo not report a testament on the website of the Directorate General of General LawAdministration. This study uses the normative juridical method with the statutoryapproach and analytical approach. Legal protection for beneficiaries of Notarieswho do not report the deed electronically become preventive legal protection andrepressive legal protection. If in making a will the deed has fulfilled the requirementsand elements that have been determined as regulated in the Civil Code andthe Notarial Law, then legal protection for the recipient of the testament will remainand reporting become an administrative requirement that must be fulfilled.How to cite item: Pratiwi, R. (2020). Perlindungan hukum bagi penerima wasia terhadap notaris yang tidak melaporkan akta wasiat secara elektronik. Jurnal Cakrawala Hukum, 11(3). 333-340.doi:10.26905/idjch.v11i3.4267.
Asas certainty dalam mekanisme pembayaran kewajiban perpajakan bea perolehan hak atas tanah dan bangunan Respati, Riskha Indah; Qurbani, Indah Dwi; Syafi’i, R. Imam Rahmat
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.v11i3.4281

Abstract

It is necessary to understand how arrangements should be made for the paymentmechanism for BPHTB tax obligations in accordance with certainty principles andreflect legal certainty for taxpayers. There are problems that arise regarding therequest for research and inspection of BPHTB by the tax authorities, namely BapendaMalang City in fulfilling BPHTB tax obligations. In these actions often cause conflictsor problems in their implementation. This type of research used in this reserchis about empircal juriidical research using the statutory approach, conceptual aproach,and case approach. The results in reality research show that Malang City Bapendahas not applied certainty principle in BPHTB tax liability payment mechanismespecially regarding BPHTB research requests and examinations, so that futureregulations refer to Malang City Regional Regulation on BPHTB. DOI: https://doi.org/10.26905/idjch.v11i3.4281.How to cite item: Respati, R., Qurbani, I., Syafi’i, R. (2020). Asas certainty dalam mekanisme pembayaran kewajiban perpajakan bea perolehan hak atas tanah dan bangunan. Jurnal Cakrawala Hukum, 11(3). 323-332.doi:10.26905/idjch.v11i3.4281.
Government’s responsibility towards investor’s loss in toll development on PPP agreements due to delay in land acquisitions Dena Zahra Aulia; An-An Chandrawulan; Purnama Trisnamansyah
Jurnal Cakrawala Hukum Vol 12, No 1 (2021): April 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i1.4337

Abstract

Until now, the slow process of land acquisition in toll road infrastructure development projects is still one of the obstacles to the completion of a infrastructure development project. The delay in the land acquisition process is detrimental to parties involved in PPP, especially investors. This study uses a normative juridical approach with analytical descriptive research specifications. Data collection techniques are carried out by means of literature study to obtain secondary data and interviews to obtain primary data, then the data obtained is  analyzed using qualitative juridical methods, namely by taking inventory, systematically arranging, connecting with each other related to the problems studied with the enactment of the provisions of the regulations. one does not conflict with other regulations. The result of this research is a form of responsibility from the Government due to delays in land acquisition, namely compensation in the form of extension of the concession period on a toll road project with a PPP scheme, and consideration of additional initial tariffs on toll roads based on inflation, capital, construction time and increase. the concession period and also the imposition of fines in a business contract, and the last resort for resolving disputes over the PPP agreement through non-litigation or arbitration institutions based on Presidential Regulation Number 38 of 2015.How to cite item: Aulia, D. Z., Chandrawulan, AA., Trisnamansyah P. (2021). Government’s responsibility towards investor’s loss in toll development on PPP agreements due to delay in landa cquisitions. Jurnal Cakrawala Hukum, 12(1), 21-31.doi:10.26905/idjch.v12i1. 4337.
Batasan pertanggungjawaban pidana koperasi atas tidak berwenangnya debitur terhadap barang gadainya Hartarto Pakpahan
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.v11i2.4395

Abstract

In the practice of credit services distributed by cooperatives to members as well as to the community, cooperatives typically require a special guarantee in the form of movable objects (pawning) with the intention, if the debtor defaults on his credit, the creditor can take repayment of the right of collection from the pledge object. In practice it also turns out that often the debtor is not authorized to pledge mortgages as collateral for loans to the pawnshop cooperative as the creditor. Debtor is not authorized for these pawns usually because the pawned item is a loan item (belonging to a third party), that is, the safekeeping item or even the pawning item is the result of theft / confiscation / crime (obtained by illegal means) so that the cooperative that receives the item as collateral for credit, become involved in a legal problem, namely criminal offense as referred to in Article 480 of the Criminal Code. Whereas on the other hand there are weaknesses on the evidence of ownership of a movable object which is the object of a pledge, that is as stipulated in article 1977 of the Indonesian Civil Code which states "who controls the movable object is considered to be the owner." Cooperative criminal liability for the pledge that he receives when the pawning goods provided by the debtor are obtained in an illegal manner.How to cite item: Pakpahan, H. (2020). Batasan pertanggungjawaban pidana koperasi atas tidak berwenangnya debitur terhadap barang gadainya. Jurnal Cakrawala Hukum, 11(2), 166-176. doi:https://doi.org/10.26905/idjch.v11i2.4395
Kepatuhan bank syariah di Indonesia dalam menjalankan kegiatan usahanya terhadap ketentuan syariah compliance Mohammad Ghufron Az
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.v11i2.4396

Abstract

The focus of this research is on the compliance of Islamic banks in Indonesia in carrying out their business activities to the provisions of sharia compliance. The main objective of this research is to analyze the compliance of Islamic banks in Indonesia in carrying out their business activities against the provisions of sharia compliance as stipulated in the law on Islamic banking. The normative juridical approach and the empirical juridical approach were used in this study. The result of the research shows that in formal juridical terms it has been regulated in the law concerning Islamic Banking that in its operations, Islamic banks must continue to carry out Islamic principles as a whole (kaffah) and consistently (Istiqamah). The principle of prudence Sharia banks must deviate from the sharia principles that should be adhered to. As in the Mudharabah and Musyarakah Agreements, according to sharia principles, Islamic banks are not allowed to require collateral, because with the guarantee conditions the Mudharabah and Musyarakah agreements become null and void by law. If there is no guarantee, then the protection for the bank is very weak because there will be a lot of bad financing that will eventually harm the people who deposit funds in Islamic banks. Guarantee in the Mudharabah and Musyarakah agreements to prevent non-performing financing and in order to protect the people who deposit funds.How to cite item: Ghufron Az, M. (2020). Kepatuhan bank syariah di Indonesia dalam menjalankan kegiatan usahanya terhadap ketentuan syariah compliance. Jurnal Cakrawala Hukum, 11(2), 187-193. doi:https://doi.org/10.26905/idjch.v11i2.4396

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