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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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Aspek hukum pidana cyberbullying di media sosial Hatarto Pakpahan
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.v11i3.5718

Abstract

The current development of information technology has led to the increasinglyintense use of social media. However, the use of social media certainly raises bothpositive and negative sides. The use of social media in positive terms will greatlyhelp users to facilitate work activities and in terms of obtaining the desired informationor data. However, misuse of social media that causes harm to others, such as theact of “Bully” which causes the impact of the loss as a result of this action to othersis a form of cyber bullying. The method used in this paper is descriptive normativelegal research. In a related article, it presents an overview regarding the legal aspectsof cyber bullying and also the correlation between cyber bullying and socialmedia. Such acts of “bullying” conventionally and attacking the good name orhonor of others, including those expressed in public, can be punishable by the provisionsof the Criminal Code. The act of “Bully” which is carried out in cyberspace byusing the internet network (online) is charged with violating decency, insults, extortionor threats and also “Bully” in the form of electronic information on socialmedia that contains threats of violence or in the form of personal frightening arethreatened by article 29 in conjunction with Article 45B of Law of the Republic ofIndonesia No. 19 of 2016 amendments to the Law of the Republic of Indonesia No.11 of 2008 concerning ITE.How to cite item: Pakpahan, H. (2020). Aspek hukum pidana cyberbullying dimedia sosial. Jurnal Cakrawala Hukum, 11(3). 250-258. doi:10.26905/idjch.v11i3.5718.
Kajian yuridis pemberian insentif pajak penghasilan pada masa pandemi Covid-19 Sariwati, Retno
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.v12i1.5722

Abstract

The President of the Republic of Indonesia has officially declared the Covid-19 pandemic a non-natural national disaster. This decision was stated by the President through Presidential Decree No. 12/2020. At the time of this pandemic, taxpayers have the right to get their rights because they have participated in this pandemic. contribute to the response to covid-19. The problem in this writing is how the juridical study of the collection of corporate income tax (PPh) for taxpayers during the Covid-19 pandemic. This writing uses a normative juridical method, and the result of the analysis of this problem is that the central government is more careful in making it easier for corporate taxpayers, especially those who have good intentions in contributing to the interests of overcoming the Covid-19 pandemic, namely by providing tax incentives where the tax incentive is in the form of a reduction in the amount income tax for corporate taxpayers. The principles in the national tax system must be represented in the form of government policies, that tax collection ultimately reflects the strengthening of national economic resilience and helps in accelerating national development, the Government can influence taxpayer compliance.How to cite item: Sariwati, R. (2021). Kajian yuridis pemberian insentif pajak penghasilan pada masa pandemi Covid-19. Jurnal Cakrawala Hukum, 12(1), 90-98.doi:10.26905/idjch.v12i1.5722.
Kajian yuridis tentang merek terkenal dan upaya hukum terhadap pelanggarannya Kevien Dicky Aldison; Sunarjo Sunarjo; Hendra Djaja
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.v12i1.5723

Abstract

International trademark regulation is based on the Paris Convention and The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) while in Indonesia the regulation regarding trademark has undergone several changes, most recently Law Number 20 of 2016 concerning Trademarks and Geographical Indication. A trademark can be said to be a well-known trademark if it meets the criteria for a well-known trademark, but the latest Indonesia trademark law does not clearly explain the criteria for it. This study uses a normative juridical approach. This approach focuses on examining literature materials such as legislation and other relevant sources. This study examines the criteria for a well-known trademark by making comparisons between existing laws in Indonesia and countries and examines what legal remedies can be taken if a violation occurs. The results of this study indicate that there are several criteria for a well-known trademark that can be applied in Indonesia from the regulations of other countries to provide legal certainty. Some of these criteria are records of successful use of marks, trademarks that have been registered in various countries and those that are not yet in the Indonesian legal system, namely special registration of a well-known trademark. For legal measures against infringement of the well-known trademark, it can be done in court (litigation) or outside the court (non-litigation) such as dispute resolution through arbitration.How to cite item: Aldison, K. D. Sunarjo., Djaja, Hendra. (2021). Kajian yuridis tentang merek terkenal dan upaya hukum terhadap pelanggarannya. Jurnal Cakrawala Hukum, 12(1), 41-50.doi:10.26905/idjch.v12i1.5723.
Analisis yuridis pengaturan pengelolaan zakat dan pajak menurut sistem hukum di Indonesia dan Malaysia Yudi Wicaksono Pratama; Kadek Wiwik Indrayanti
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.v12i1.5724

Abstract

This paper aims to examine the comparison of the regulatory model for zakat and tax management according to the legal system in Indonesia and Malaysia. The research method used is normative legal research using a comparative approach and statute (statute approoach). The results show that the Indonesian and Malaysian governments have a role as facilitators in managing zakat tax. Taxes are collected centrally, and are regulated by law. Meanwhile, the difference between the management of zakat and tax in Indonesia and Malaysia is that it lies in the zakat management institution, zakat regulation in the law, the supervisory agency for zakat management institutions, the zakat fund management and distribution agency, and the zakat fund management program. There are problems in managing zakat in Indonesia, namely zakat management is still carried out in a simple manner, the low level of public trust in amil zakat institutions, the dualism of zakat management institutions, weak application of organizational management principles, low mastery of technology by zakat institutions and low understanding of zakat among the community. So it can be recommended that income zakat can be equated with income tax, namely not as a deduction factor for income tax but as a non-refundable tax credit. there is a need for a supervisory and coordinating regulator and a computerized system.How to cite item: Pratama, Y. W., Indrayanti, K.W. (2020). Analisis yuridis pengaturan pengelolaan zakat dan pajak menurut sistem hukum di Indonesia dan Malaysia. Jurnal Cakrawala Hukum, 12(1). 110-119.doi:10.26905/idjch.v12i1.5724.80.
Good governance pengelolaan sampah: komitmen negara terhadap lingkungan hidup Niken Wahyuning Retno Mumpuni; Mustika Prabaningrum Kusumawati
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.v12i1.5725

Abstract

Indonesia already has rules that govern this, and the implementation of environmental management policies in accordance with the principles of good governance. Policies will not be effective when policymakers make mistakes in formulating problems. Therefore, it is necessary to study the problem of waste and how the implementation of the principles of good governance in creating disposable waste and plastic management policies. Through a juridical-normative approach this research will describe and analyze the problem in accordance with the provisions of the applicable laws and regulations. Besides that, it is added with legal materials such as literature study from literature books, papers, articles, journals, research results and other scientific works related to this research. The problem map is the category of rubbish that is difficult to manage, one of which is plastic waste where the form of plastic waste is in the form of packaging, then disposable items, microbeads, straws, ear cleaning, plastic bags, polystyrene and flexible plastic. The importance of community participation in waste management in the scope of central and regional governments, as well as the community also has the right to make suggestions and provide advice related to waste problems. The form of efforts to ensure the security of everyone and society and to advance economic, social and other fields in accordance with the will of the people is the concept of good governance.How to cite item: Mumpuni, N. W. R., Kusumawati, M. P. (2021). Good governance pengelolaan sampah: komitmen negara terhadap lingkungan hidup. Jurnal Cakrawala Hukum, 12(1),79-89. doi:10.26905/idjch.v12i1.5725.
Rasio legis eksistensi pengadilan tindak pidana korupsi dalam sistem peradilan pidana Indonesia Ahmad Fauzi; Abdul Madjid; Nurini Aprilianda; Prija Djatmika
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.v12i1.5779

Abstract

Corruption if allowed to have a real economic impact, namely unequal income and increasing poverty Corruption is a common problem that occurs in almost every country, the modus operandi of corruption is to use the authority and power to take advantage for personal gain or third parties, therefore to overcome corruption crimes need a way to tackle corruption crimes. This research is a legal research using the socio-normative approach. The data used are primary data and secondary data which were analyzed using quantitative analysis. The main aspect in tackling corruption crimes is to use a law enforcement approach, one of the approaches to law enforcement is to create a Corruption Crime Court as regulated in Law No. 46 of 2009 concerning the Corruption Crime Court as an institution in charge of examining and deciding cases of criminal acts of corruption. The position of the court for criminal acts of corruption actually has a strong legal standing in the Indonesian criminal justice system, and its existence is very important and urgent in tackling corruption crimes in Indonesia.How to cite item: Fauzi, A., Madjid, A., Aprilianda, N., Djatmika, P. (2021). Rasiolegis eksistensi pengadilan tindak pidana korupsi dalam sistem peradilan pidana Indonesia. Jurnal Cakrawala Hukum, 12(1), 11-20. doi:10.26905/idjch.v12i1.5779.
Tinjauan yuridis terhadap sistem alih daya (outsourcing) pada pekerja di Indonesia Suyoko Suyoko; Mohammad Ghufron AZ
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.v12i1.5780

Abstract

The practice of outsourcing at this time is increasingly being carried out by both entrepreneurs and outsourcing service providers themselves. Along with the development of industrial labor relations with an outsourcing system, it creates many negative things for the development of workers / laborers. Many workers' rights are neglected by companies that use outsourcing services. The issues raised are how the regulation regarding the outsourcing system for workers in Indonesia and how legal protection for outsourcing workers in Indonesia. The results of this research are that the regulations regarding the outsourcing system in Indonesia are contained in Article 64 to Article 66 of the Manpower Act, where in 2020 after the issuance of Law Number 11 of 2020 concerning Job Creation there are changes regulated in Article 81 numbers 18 to 20. Legal protection for outsourced workers / laborers in the work copyright law is regulated in Article 81 point 20, however until now the implementing regulations of this article have not been issued by the Government.How to cite item: Suyoko., Ghufron AZ, M. (2020).Tinjauan yuridis terhadap sistem alih daya (outsourcing) pada pekerja di Indonesia. Jurnal Cakrawala Hukum, 12(1). 99-109.doi:10.26905/idjch.v12i1.5780.
Perlindungan hukum tenaga kerja berdasarkan peraturan perundang-undangan di Indonesia Ngabidin Nurcahyo
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.v12i1.5781

Abstract

Labor protection for workers is very important because it is in accordance with the implementation of the mandate of the 1945 Constitution, particularly Article 27 Paragraph (2) concerning the rights of citizens to workers and a decent living for humanity. Given the important role of labor for state-owned and private institutions or enterprises in an effort to help workers to obtain their rights. The formulation of the problem in this writing is what is the form of legal protection for workers based on Law Number 24 of 2011 concerning the Social Security Administering Body (BPJS) and what is the responsibility of the employer if there are workers who are not registered as BPJS participants. The result of this research is that the protection for workers in the BPJS Law is that there is an obligation for employers to register their workforce into BPJS membership and the responsibility of employers if they do not register BPJS membership is that there are sanctions ranging from written warnings, fines, and cannot get certain public services.How to cite item: Nurcahyo, N. (2021). Perlindungan hukum tenaga kerja berdasarkan peraturan perundang-undangan di Indonesia. Jurnal Cakrawala Hukum, 12(1), 69-78.doi:10.26905/idjch.v12i1.5781.
Impilikasi yuridis putusan pailit terhadap profesi notaris menurut peraturan perundang-undangan di Indonesia Adheria Juniresta; Budi Santoso; Hanif Nur Widhiyanti
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.v12i1.5783

Abstract

This paper aims to understand the suitability of the regulations regarding the legalconsequences for notaries who are declared bankrupt. This type of normative legalresearch uses a statutory approach. Based on the results of the discussion, it was concluded that the provisions regarding legal consequences for notaries who weredeclared bankrupt in UUJN were specialist lex of similar provisions in the UUKand PKPU. This is also because the bankruptcy concept in UUJN is different fromthe bankruptcy concept in UUK and PKPU. Bankruptcy under UUK and PKPUoverrides the position of a person who is bankrupt, however bankruptcy in theUUJN may involve a person’s position as a Notary if the bankruptcy is the result ofan error committed by someone in his / her position as a Notary Public. Then thelegal consequence that can be accepted by a Notary who is declared bankrupt is thedismissal of his position as a Notary Public. Notaries can be sued for the fulfillmentof reimbursement of expenses, compensation or interest by the parties on the basis ofacts against the law. The bankruptcy regulation referred to in the UUJN is specificallyaimed at the notary’s position as a legal subject who represents a person andalso as a representative of his position who exercises the authority in making authenticdeeds.How to cite item: Juniresta, A., Santoso, B., Widhiyanti, HN. (2021). Impilikasi yuridis putusan pailit terhadap profesi notaris menurut peraturan perundang-undangan di Indonesia. Jurnal Cakrawala Hukum, 12(1), 1-10.doi:10.26905/idjch.v12i1.5783.
Tinjauan yuridis terhadap pengaturan terkait pekerja harian lepas Rakhman Candra Suryaningrat; Mohammad Ghufron Az; Supriyadi Supriyadi
Jurnal Cakrawala Hukum Vol 12, No 2 (2021): August 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i2.5813

Abstract

Workers / laborers are often extorted by employers with relatively small wages. An employment relationship is basically a relationship between a worker / laborer and an entrepreneur after a work agreement is made. The formulation of the problems discussed in this paper is how to regulate freelance daily workers in Indonesia and how to resolve disputes related to work agreements for casual daily workers in Indonesia. The result of the research on the formulation of the problem is that the regulation regarding freelance workers / laborers is regulated in statutory regulations, in law number 13 of 2003 concerning manpower in Article 56 to Article 59, but there are several articles amended by -Law Number 11 of 2020 concerning work copyright. Settlement of disputes between employers and workers / casual daily laborers can be resolved first by deliberation to reach a consensus in accordance with what has been stipulated in Article 136 paragraph (1) of Law Number 13 of 2003 concerning Manpower, but if deliberation efforts to reach consensus cannot be reached then the management and workers / laborers or trade / labor unions resolve industrial relations disputes.How to cite item: Suryaningrat, R., Ghufron Az, M., Supriyadi, S. (2021). Tinjauan yuridis terhadap pengaturan terkait pekerja harian lepas. Jurnal Cakrawala Hukum, 12(2), 213-222. doi:https://doi.org/10.26905/idjch.v12i2.5813

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