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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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Ratio legis kewajiban untuk menjaga dan menghormati norma agama berdasarkan Undang-Undang Kepariwisataan Dwi Aryanti Ramadhani; Aji Lukman Ibrahim; Rianda Dirkareshza
Jurnal Cakrawala Hukum Vol 12, No 2 (2021): Agustus 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i2.5353

Abstract

Pandeglang Regency is a tsunami-affected area in the Sunda Strait. In order to rebuild tourism, it is necessary to formulate an integrated planning by compiling regulations on tourism. This study aims to determine the Ratio Legis obligation to maintain and respect religious norms for tourists in tourism laws and to find out the form of legal protection for tourists who violate religious norms in tourist attractions. The research method used is in the form of normative legal research complemented by interviews with the head of the tourism village in Pandeglang district. The results showed that the ratio legis obligation to maintain and respect religious norms, customs, culture, and values that live in the community for tourists so that the local culture is not contaminated with foreign cultures brought by tourists. Then the sanctions applied only in the form of a warning are not commensurate with the losses incurred.How to cite item: Ramadhani, D., Ibrahim, A., Dirkareshza, R. (2021). Ratio legis kewajiban untuk menjaga dan menghormati norma agama berdasarkan Undang-Undang Kepariwisataan. Jurnal Cakrawala Hukum, 12(2), 159-167. doi:https://doi.org/10.26905/idjch.v12i2.5353 
Kajian parameter gender dalam substansi peraturan perundang-undangan di Indonesia Kadek Wiwik Indrayanti
Jurnal Cakrawala Hukum Vol 12, No 2 (2021): Agustus 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i2.6223

Abstract

This article examines the objectives, principles, and integration of gender equality indicators in the formulation of laws. The method used is normative legal research because it examines some of the substance of laws that are gender biased. The results show that the role of the government in realizing gender equality in Indonesia today has been carried out through laws and regulations, policies and programs but still has to be fought for because in reality there is still a gap between the two sexes, which has an impact on gender discrimination. There are several laws whose substance shows discrimination against women, such as the Marriage Law. Therefore, the concept of gender equality should be understood as a "goal", so that both sexes as citizens can obtain their rights. There are three principles that must receive attention, namely basic equality, non-discrimination and the obligation of the State which is the opening door to improve conditions of gender inequality in society. These two principles should be accommodated in the legislation. Furthermore, the 4 gender indicators namely access, participation, control and opportunity should be integrated in an integrated manner starting from the manufacture of a legal product, then translated into policies and programs.How to cite item: Indrayanti, K. (2021). Kajian parameter gender dalam substansi peraturan perundang-undangan di Indonesia. Jurnal Cakrawala Hukum, 12(2), 195-204. doi:https://doi.org/10.26905/idjch.v12i2.6223 
Akibat hukum terhadap jual beli tanah yang telah didahului perjanjian nominee dengan warga negara asing Norentia Ekunming Sari; Suhariningsih Suhariningsih; Abdul Madjid
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.v12i2.5808

Abstract

This article has the intent and purpose of the nominee agreement regarding land rights in Indonesia. This happens because many foreign nationals, hereinafter referred to as foreigners, can own land in Indonesia, while positive law in Indonesia only allows Indonesian citizens who can own land ownership rights in Indonesia. The nominee agreement is legal smuggling that can result in land being returned to the state. However, in the Decision of the Denpasar District Court in 2013 Number 82/PDT.G/2013/PN.DPS, one of the judges' decisions is that land must be resold and the proceeds from the sale of land are divided between foreigners (benefactors) and Indonesian citizens (legal owners) as comparison in a case approach to analyze the sale and purchase of land that has been preceded by a nominee agreement in Indonesia. the action of the Plaintiff who is a foreigner to sell the land and buildings prior to the lawsuit is one of the considerations for the judge in deciding this case. In addition, Defendant I sold the land below the market price. Therefore, the unlawful acts committed by Defendant I and Defendant II over the sale and purchase of rights to the object of the dispute must be accounted for by the Defendants.How to cite item: Sari, N., Suhariningsih, S., Madjid, A. (2021). Akibat hukum terhadap jual beli tanah yang telah didahului perjanjian nominee dengan warga negara asing. Jurnal Cakrawala Hukum, 12(2), 205-212. doi:https://doi.org/10.26905/idjch.v12i2.5808
Tanggungjawab perusahaan dalam investasi surat berharga syariah negara Dewi Astutty Mochtar; Dewi Ayu Rahayu
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.v12i2.6224

Abstract

This paper is motivated by the existence of new innovations in the world of capital markets and banking, namely an investment sukuk (state sharia securities) which is a bond investment based on sharia principles that can be issued by companies or governments. Sukuk investment is issued to finance the state budget, including the construction of a project. There are various types of sukuk investments because the contracts used when investing also vary. Every investment will certainly cause losses for the parties, so this will also be a loss for every investor who makes an investment, as well as sukuk investment, investors can also experience the risk of loss. Losses that can be experienced by each investor are different due to the different contracts in investing in sukuk. Loss experienced by investors is caused by negligence on the part of the management (company) then the company must be responsible for losses incurred due to negligence, the extent to which the company's responsibility depends on how much negligence the company did to cause losses to investors.How to cite item: Mochtar, D., Rahayu, D. (2021). Tanggungjawab perusahaan dalam investasi surat berharga syariah negara. Jurnal Cakrawala Hukum, 12(2), 150-158. doi:https://doi.org/10.26905/idjch.v12i2.6224
Pеndaftaran tanah sistеmatis terhadap akta tеrutang pajak Yuliana Fatma Ira Crisantika; Imam Koeswahyono; 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.v12i2.5810

Abstract

This article has the intent and purpose to find out the implementation of PRONA systematic land registration for the deed of transfer of land rights that are tax payable, specifically related to Income Tax (PPh) and Land Acquisition Fees (BPHTB) which are the obligations of the parties and are registered through systematic land registration was carried out in Ternyang Village, Sumberpucung District in 2009. However, the obstacles that occurred in the field were different from the turus hamlet, the village community was more cooperative regarding physical data. Nature in Ternyang village is indeed a lot of uneven shape, so it takes more time, to determine the appropriate land boundaries. Bookkeeping of rights or storage of documents constituting evidence shall be marked with identification and kept at the Land Office as an integral part of the general register. In accordance with the provisions of Government Regulation Number 24 of 1997 concerning Land Registration, article 39 paragraph (1) point g, PPAT/PPATS may not sign the deed before the tax obligations are fulfilled and the official who gives the land rights before the tax obligations are fulfilled.How to cite item: Crisantika, Y., Koeswahyono, I., Supriyadi, S. (2021). Pеndaftaran tanah sistеmatis terhadap akta tеrutang pajak. Jurnal Cakrawala Hukum, 12(2), 168-177. doi:https://doi.org/10.26905/idjch.v12i2.5810 
Restitution rights for children of victims of sexual crimes: between protection and reresting Siti Hudzaifah Miftahul Jannah; Syamsuddin Muchtar; Hijrah Adhyanti Mirzana
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.v12i2.4705

Abstract

One of the crimes that are prone to happen to children is sexual crime. Sexual crimes committed against children will have a psychological impact on the child, in the form of mental and emotional state disorders, so that the child who is the victim should be given great attention to the suffering or loss experienced in the form of restitution from the perpetrator. The purpose of this research is to study and analyze how the fulfillment of restitution for child victims of sexual crimes and the extent to which law enforcers and victims influence the fulfillment of these restitution rights, so that empirical research methods are used to answer these problems. The results of this study indicate that the fulfillment of restitution rights for child victims of sexual crimes in the city of Makassar is not fulfilled. This is evidenced by only one case where the victim submitted a request for restitution and the victim did not get restitution from the perpetrator. Law enforcers and victims each have influence in fulfilling restitution rights. Even so, the role of the victim has a bigger influence, this is because even though the law enforcer should inform the victim about the right of restitution, it is the victim who decides whether to apply for restitution or not because restitution can only be obtained if the victim submits a request. not automatically accepted by the victim.How to cite item: Miftahul Jannah, S., Muchtar, S., Mirzana, H. (2021). Restitution rights for children of victims of sexual crimes: between protection and reresting. Jurnal Cakrawala Hukum, 12(2), 223-232. doi:https://doi.org/10.26905/idjch.v12i2.4705 
Perlindungan hukum pelaku usaha komoditi pertanian melalui penguatan anggaran dalam rangka mencegah krisis pangan Miftakhul Irfan
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.v12i2.5809

Abstract

The magnitude of the influence of food availability and affordability of prices will provide certainty for the people's trust in the state, especially the Indonesian government, which has Pancasila as the basis for the manifestation of national and state life, must be translated so that its main mission can be understood. In the spirit of a rule of law approach, legal protection for the guarantee of food availability must be considered, so that the main objective of forming a state for the welfare of the people can be realized and felt. Economic democracy based on social justice, which has been translated by economic experts and lawyers into a popular economic model, has a framework that must be clarified. The existence of an agricultural country necessitates a concentration on the agricultural sector. The issue of shrinking agricultural land for food production compared to the area of oil palm land is a manifestation of the weakening role of the government. So that the stimulus to agriculture must be carried out. The application of the cost of food production as well as the guarantee of the lowest price is urgently needed. Of course with a complete explanation that the food problem is not just a guarantee of supply. However, the state's ability to produce independently is the key to state sovereignty.How to cite item: Irfan, M. (2021). Perlindungan hukum pelaku usaha komoditi pertanian melalui penguatan anggaran dalam rangka mencegah krisis pangan. Jurnal Cakrawala Hukum, 12(2), 187-194. doi:https://doi.org/10.26905/idjch.v12i2.5809 
Analisis yuridis pengelompokan wilayah pada notaris berkaitan norma perhitungan penghasilan neto terkait pejabat umum Amanda Puteri Rachmatullah; Tunggul Anshari; Diah Aju Wisnuwardhani
Jurnal Cakrawala Hukum Vol 12, No 2 (2021): Agustus 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i2.5811

Abstract

The NPPN regulations in PER DIRJEN PAJAK Number 17 / PJ / 2015 state that the NPPN percentage is grouped by region. Where this grouping of regions causes a difference in the percentage between regional groups. In addition, regulations regarding regional grouping are also found in PERMENKUMHAM Number 27/2016 which divides regional categories for the position of notaries. For the purpose of this research, this type of normative legal research uses a statute approach where the legal materials in this study are analyzed using prescriptive analysis techniques. Based on the results of the author's research, it can be concluded that the NPPN grouping by region is one of the manifestations of the Equality principle where this principle provides the same treatment to people who are in the same condition. The sentence is in the same condition can be interpreted as being in the same regional characteristics which are based on considerations using several variables. Broadly speaking, there is a correlation between the regional grouping of the two regulations, which lies in the basic factor for determining regional grouping, that is regional economic growth. The regional grouping that is regulated in the two rules has also fulfilled the value of justice as proposed by Aristotle's theory of justice. Regional grouping which is regulated by the government has clear and firm reasons so that this grouping is not a discriminatory act but is a form of distributive justice.How to cite item: Rachmatullah, A., Anshari, T., Wisnuwardhani, D. (2021). Analisis yuridis pengelompokan wilayah pada notaris berkaitan norma perhitungan penghasilan neto terkait pejabat umum. Jurnal Cakrawala Hukum, 12(2), 129-138. doi:https://doi.org/10.26905/idjch.v12i2.5811 
Eksistensi peserta pelatihan kerja program pemagangan ilegal luar negeri khususnya di Jepang Bilqis Fani Fani Zulfakanti; Agus Mulya Karsona; Holyness Singadimedja
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.v12i2.4830

Abstract

Intern training program outside Indonesia region as a form of manpower development has significant role to overcome the high unemployment rate in Indonesia. In its implementation, the problem occurs wgen the participant of intern training program run away from the program or used to be called as illegal intern trainee. This paper aims to know and understand the existence of illegal intern trainee including the impacts, as well as legal actions that can be taken by Indonesia government to overcome the problems. This study is based on normative juridical approach with primary and secondary data sources. The study shows that the existence of illegal intern trainee that violate Indonesia’s and accepting country’s regulations causes loss of rights of the participant as intern trainee. As a consequence, ocupational safety facilities, and insurance assistance in the case of work accident, illness, nor mortality can not be accomodated, nonetheless assistance can still be given in the context of the illegal intern trainee status as Indonesian citizen. The Ministry of Manpower of the Republic of Indonesia can take preventif actions in the form of supervision and development and represive legal action by temporary revocate the sending organization’s license. In the other hand, the Ministry of Foreign Affairs of the Republic of Indonesia can take represive legal actions in the form of legal assistance, aid, including return assistance.How to Cite Item: Zulfakanti, B., Karsona, A., Singadimedja, H. (2021). Eksistensi peserta pelatihan kerja program pemagangan ilegal luar negeri khususnya di Jepang. Jurnal Cakrawala Hukum, 12(2), 139-149. doi:https://doi.org/10.26905/idjch.v12i2.4830  
Perlindungan hukum terhadap kreditur selaku pengambil alih kredit pada kreditur Febry Firmansyah
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.v12i2.5812

Abstract

Credit take over is a payment made by a third party to a creditor, who will replace his position as a new creditor to the debtor. The absence of standard rules regarding the implementation of credit take over has resulted in non-standardization of the credit take over implementation process. The purpose of this article is to examine the legal protection of the parties in implementing the take over at Bank Jatim Banyuwangi Branch. This type of research is empirical legal research where the study was conducted at Bank Jatim Banyuwangi Branch. The results of research conducted by a Notary/PPAT in Banyuwangi are included in the category of subrogation by way of law (Article 1403 of the Civil Code). In the implementation of take over credit protection is obtained through the re-signing of the SKMHT at the time of the Roya Letter, and a certificate of proof of ownership of the guarantee has been physically issued by the initial creditor. The implementation of the take over for new creditors at Bank Jatim Banyuwangi Branch is obtained through the re-signing of the SKMHT which is the basis for making APHT when the roya letter, proof of credit repayment, and certificate of proof of collateral ownership have been physically issued by the initial creditor (bank). The initial check before the certificate of proof of ownership is issued by the initial creditor is carried out by issuing a Land Registration Certificate (SKPT) through the BPN.How to cite item: Firmansyah, F. (2021). Perlindungan hukum terhadap kreditur selaku pengambil alih kredit pada kreditur. Jurnal Cakrawala Hukum, 12(2), 178-186. doi:https://doi.org/10.26905/idjch.v12i2.5812

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