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[Aspek yuridis program e-karir dalam perspektif hukum ketenagakerjaan ]]>
<![CDATA[Dhaniar Eka Budiastanti]]>;
<![CDATA[I Gusti Ngurah Adnyana]]>;
<![CDATA[Adhinda Dewi Agustine]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 11, No 2 (2020): August 2020 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v11i2.4397
<![CDATA[The obligation of employers to report existing or future job vacancies in their company has been regulated by Presidential Regulation Number 4 of 1980 concerning Mandatory Reporting of Job Vacancies, it is necessary to make adjustments to the needs of the community and it is necessary to synchronize with the Manpower Law, so that it can provide legal protection for job seekers on the availability of job vacancies in an agency. Based on this, the author wants to examine the juridical aspects of the e-career program in the perspective of labor law and legal protection regulated in the Labor regulations against the availability of job vacancies in an agency. This type of research is normative juridical with a statutory approach and a historical approach. The results showed that the juridical aspects of the e-career program in order to reduce the unemployment rate have been regulated in the Law on Manpower as one of the national scale strategic policies. The Law on Manpower has provided legal protection for Job Seekers for the availability of job vacancies in an agency, through Articles 7 and 8 which regulate employment planning and information.How to cite item: Budiastanti, D., Adnyana, I., Agustine, A. (2020). Aspek yuridis program e-karir dalam perspektif hukum ketenagakerjaan. Jurnal Cakrawala Hukum, 11(2), 147-156. doi:https://doi.org/10.26905/idjch.v11i2.4397]]>
<![CDATA[Klausula demurrage dalam perjanjian jual beli batubara dan akibat hukumnya ]]>
<![CDATA[Sunarjo Sunarjo]]>;
<![CDATA[Titus Setya Darmanto]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 11, No 2 (2020): Agustus 2020 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v11i2.4408
<![CDATA[This demurrage problem has an impact on business operators or companies owning coal because it usually has to be burdened by the payment of demurrage fines that could have resulted in increased costs incurred by businesses in transporting coal. In fact, these legal issues arise due to the lack of caution of business actors when agreeing on an agreement. Then only comes legal awareness when an agreed agreement is problematic. This type of research is empirical legal research with interview and observation data collection methods. The conclusion of the research is that the application of the demurrage clause in the coal purchase agreement at PT. Sinar Rejeki Ekonomi starts with an agreement in the agreement regarding the party's burden in the event of demurrage. In the event of a demurrage, the buyer imposes compensation costs to the seller which is deemed to be late based on the total number of days anchored minus the agreed laytime days so that the amount of delay is found. The length of day the laytime is determined by the buyer is calculated based on the total capacity of the mother vessel load and the daily target set by the buyer and the legal consequences of the demurrage clause in the coal purchase agreement at PT. Sinar Rejeki Ekonomi is when a demurrage occurs, the seller is obliged to pay compensation arising from the duration of the demurrage.How to cite item: Sunarjo, S., Darmanto, T. (2020). Klausula demurrage dalam perjanjian jual beli batubara dan akibat hukumnya. Jurnal Cakrawala Hukum, 11(2), 231-239. doi:https://doi.org/10.26905/idjch.v11i2.4408]]>
<![CDATA[Pemberian sanksi bagi notaris yang melakukan publikasi atau promosi diri di media cetak maupun media elektronik ]]>
<![CDATA[Fadhil Fahmi]]>;
<![CDATA[Nurini Aprlianda]]>;
<![CDATA[Dyah Aju Wisnuwardhani]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 11, No 2 (2020): August 2020 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v11i2.4450
<![CDATA[Notary is a general official who in carrying out his duty must follow the rules that exist in the form of law of the notary department and the profession Ethics notary. In writing this thesis the author raises the title of meaning of publication or promotion for the notary in the form of advertisements in print Media and electronic Media set in the notary code of conduct. In this research the author raises two cases of problems which consist of (1) whether the granting of sanctions in the notary code of ethics reflects the justice for the notary who conducts the publication or promotion in the print media or electronic media.In research to aim to provide explanation about the sanction of sanctions for notary public who conduct publication or self-promotion in print media and electronic Media which are reviewed from the principle of legal justice.From the results of this study refers to the granting of sanctions for notarized publications or self-promotion in printed media and electronic media that is reviewed from the legal justice principles contained in the notary Code of Ethics: which can not be said Fulfilling the legal justice element because the notary code itself is still considered too rigid for the development of the era and can not accommodate or follow the technological developments are very high and fast.How to cite item: Fahmi, F., Aprlianda, N., Wisnuwardhani, D. (2020). Pemberian sanksi bagi notaris yang melakukan publikasi atau promosi diri di media cetak maupun media elektronik. Jurnal Cakrawala Hukum, 11(2), 157-165. doi:https://doi.org/10.26905/idjch.v11i2.4450]]>
<![CDATA[Upaya administratif dalam penyelesaian sengketa kepegawaian ]]>
<![CDATA[Mochamad Muslich Haji Sodiq]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 12, No 1 (2021): April 2021 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v12i1.4480
<![CDATA[This paper aims to understand the suitability of the regulations, the implementation of the ASN Law has implications for changing the management paradigm of ASN management. Personnel dispute resolution is one of the things that is of particular concern because of the increasingly complex problems faced. This type of normative legal research uses a statutory approach. Based on the results of the discussion, it was found that administrative efforts were deemed capable of providing answers for the resolution of personnel disputes, but the existing provisions limit the use of these administrative efforts, even though administrative efforts are a reflection of the spirit of deliberation to reach consensus which is characteristic of the Indonesian nation. This study tries to analyze whether administrative efforts in resolving employment disputes are in accordance with legal objectives and whether restrictions on administrative efforts are still relevant at this time. It is hoped that from this research, norm formulations can provide legal certainty in resolving employment disputes. Administrative efforts according to the provisions in the ASN Law are expected to be a solution for the resolution of increasingly complex personnel disputes, but this is contrary to the provisions in the PP on Civil Servant Discipline which limit the use of administrative efforts, so that according to the author it is no longer relevant to be implemented under current conditions.How to cite item: Sodiq, M. M. H. (2021). Upaya administratif dalam penyelesaian sengketake pegawaian. Jurnal Cakrawala Hukum, 12(1). 60-68.doi:10.26905/idjch.v12i1.4480.]]>
<![CDATA[Perlindungan terhadap inventor terkait unsur kebaruan paten yang hapus akibat tidak membayar biaya tahunan ]]>
<![CDATA[Moza Ramadhani]]>;
<![CDATA[Muhamad Amirulloh]]>;
<![CDATA[Pupung Faisal]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 12, No 1 (2021): April 2021 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v12i1.4717
<![CDATA[The elimination of a registered patent causes the inventor's exclusive right to use his invention to be lost, it causes losses to the inventor as a result of not being able to reuse the invention. In addition, the inventor also loses economic rights to the patent because he cannot use his invention. The regulation regarding the abolition of patents stipulated in Article 130 letter d of the Patent Law is deemed not to provide adequate protection for inventors. Based on this, the aim of this research is to determine the legal qualifications of the Patents Directorate's actions in consuming registered patents and to determine the legal actions that should be taken by inventors to get their patents back. In research, the method used is normative juridical, and descriptive-analytical research specifications. The aim is to analyze the prevailing laws and regulations and legal theory with practical implementation in reality. Data were collected through literature and field studies, then analyzed using qualitative normative methods. The final result of the research states that the elimination of patents is due to not paying annual fees and making the patent into the public domain as in Article 130 letter d of the Patent Law is against the Alter Ego Principle because the elimination of the patent makes the patent turn into the public domain and shows that the patent has lost its novelty element.How to cite item: Ramadhani, M., Amirulloh, M., Faisal, P. (2021). Perlindungan terhadap inventor terkait unsur kebaruan paten yang hapus akibat tidak membayar biaya tahunan. Jurnal Cakrawala Hukum, 12(1).51-59. doi:10.26905/idjch.v12i1.4717. ]]>
<![CDATA[Prinsip moralitas merek dalam undang-undang nomor 20 tahun 2016 tentang Merek dan Indikasi Geografis ]]>
<![CDATA[Sulthon Miladiyanto]]>;
<![CDATA[Ariyanti Ariyanti]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 11, No 3 (2020): December 2020 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v11i3.5022
<![CDATA[The responsibility of the state cannot maintain the morality of the people, one ofwhich is by providing signs in making trademarks for goods and services. Legalresearch with a philosophical approach to get the meaning of Brand must not conflictwith the prevailing morality in society. A moral brand is a brand that limitssociety which is universal regarding the pros and cons of an act of both ratio andtracendetal involving the goal.How to cite item: Miladiyanto, S., Ariyanti, A.(2020). Perinsip moralitas merek dalam undang-undang nomor 20 tahun 2016 tentangMerek dan Indikasi Geografis. Jurnal Cakrawala Hukum, 11(3).,241-249. doi:10.26905/idjch.v11i2.5022.]]>
<![CDATA[Sistem "full pre trial disclosure" dalam penegakan asas peradilan sederhana, cepat, dan biaya ringan ]]>
<![CDATA[Wika Yudha Shanty]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 11, No 3 (2020): December 2020 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v11i3.5473
<![CDATA[Legal principles as basic norms are described as the basis / general guidelines forpositive law / applicable law. One of the legal principle problems that will be discussedby researchers in this research is about the application of principles that arenot in accordance with the reality that occurs in court. There are too many formalitiesthat are difficult to understand, and the rules are not clear, which allows for multiple interpretations and results in fear of proceeding in court. Too many formalitiesare an obstacle to the running of the courts. In this case the problem is notonly in the examination at trial, but also in the settlement of the examination reportat the trial until the signing of the decision by the judge and its implementation. Itoften happens that a case is delayed for years because the witnesses do not come, orthe parties in turn do not come or decide to withdraw from the case. In fact, there areseveral cases that were continued by their heirs. Meanwhile, in terms of costs incourt, the high court costs will cause interested parties to think again and againabout filing a claim to court. Based on this, it can be concluded that the speed withwhich the trial runs will increase the court’s authority and increase public confidencein the court.How to cite item: Shanty, W. Y. (2020). Sistem“full pre trial disclosure” dalam penegakan asas peradilan sederhana, cepat, dan biaya ringan. Jurnal Cakrawala Hukum, 11(3). 271-281. doi:10.26905/idjch.v11i3.5473.]]>
<![CDATA[Ekonomi Indonesia dalam perspektif hukum berkeadilan ]]>
<![CDATA[Riski Febria Nurita]]>;
<![CDATA[La Rian Hidayat]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 11, No 3 (2020): December 2020 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v11i3.5474
<![CDATA[Indonesia’s development is an effort continuous projects in an effort to create anindonesian society just and prosperous based on pancasila and constitution of therepublic of indonesia 1945.Pancasila come fifth “social justice for all people ofindonesia” is soul philosophical of article 33 constitution nri 1945.Is the principlethat strong hold by come fifth pancasila related to the concept of justice in to createa prosperous for all people of indonesia. Meanwhile in the article 33 of the indonesianconstitution nri 1945 of the republic of indonesia have arranged for about of thenational economy system and social welfare .Turn of thought and is ideas come through me from the founders of the nation in article 33 is close they can tracedthrough the study of judicial political .The most number of pancasila economic is asystem a different economy with sitem a capitalist economy .The economic system isthe most number of pancasila the economic system of being imbued by the ideologyof the most number of pancasila , i e the system degenerative brain malady that iseconomic joint business that evenly distributed the kinsfolk and mutual cooperationnational level to social realize the manifestation of justice for all people of Indonesia.How to cite item: Nurita, R., Hidayat, L. (2020). Ekonomi Indonesia dalam perspektif hukum berkeadilan. Jurnal Cakrawala Hukum, 11(3).259-270. doi:10.26905/idjch.v11i3.5474.]]>
<![CDATA[Kedudukan hukum dan hak waris anak hasil inseminasi buatan dari ayah yang telah meninggal ]]>
<![CDATA[Cindy Olivia Susanto]]>;
<![CDATA[Siti Hamidah Siti Hamidah]]>;
<![CDATA[Rachmi Sulistyarini Rachmi Sulistyarini]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 11, No 3 (2020): December 2020 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v11i3.5475
<![CDATA[This research aims to analyze Artificial Insemination Children’s Standing anddiscover Their Hereditary Right from a Deceased Father viewed in Indonesia’sPositive Law. Judgment will affect to whether artificial insemination from the deceasedhusband’s sperm can be performed or not. Further, the judgment that decidethe artificial insemination can be performed will affect children’s standing from adeceased father. If the children are born alive, then the standing is legal based on Article 250 of Civil Code, Islamic Law (Sharia law), and customary law. In addition,customary law claims the standing as adopt them on culture. Artificial inseminationchildren’s hereditary right from a deceased father has the right to inherit (asheir).How to cite item: Susanto, C., Siti Hamidah, S., Rachmi Sulistyarini, R. (2020). Kedudukan hukum dan hak waris anak hasil inseminasi buatan dari ayah yang telah meninggal. Jurnal Cakrawala Hukum, 11(3). 302-312.doi:10.26905/idjch.v11i3.5475.]]>
<![CDATA[Akibat hukum bagi kreditur setelah perjanjian perkawinan dibuat dan telah disahkan ]]>
<![CDATA[William Surya Handoko]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 11, No 3 (2020): Desember 2020 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v11i3.5717
<![CDATA[This paper aims to analyze the legal problems due to changes in the legal status ofthe debtor’s property in a marriage that was previously shared property into thepersonal property of each husband or wife. That is because after the ConstitutionalCourt Ruling, a married couple can make a marriage agreement during the marriagebond and the validity period since the marriage took place. To answer thisproblem, this legal research uses a statutory approach and analysis approach, whilethe analytical technique used is grammatical interpretation and systematic interpretation.Based on the results of the discussion, it can be concluded that by makinga marriage agreement after the Constitutional Court Decision and the agreementhas been ratified, it will result in legal existence of the separation of assets andapplies to third parties. However, the marriage agreement made must not be detrimentalto a third party.How to cite item: Handoko, W. S. P. (2020). Akibat hukum bagi kreditur setelah perjanjian perkawinan dibuat dan telah disahkan. Jurnal Cakrawala Hukum, 11(3).351-358. doi:10.26905/idjch.V11i3.4408.]]>
