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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 295 Documents
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Pencegahan tindak pidana terorisme di Indonesia Agung Mafazi; Achmad Bahroni
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.v12i2.4936

Abstract

The various reasons behind the occurrence of this crime are thought to have originated from dissatisfaction with the perpetrator. Dissatisfaction with the economy, law enforcement, social inequality and even dissatisfaction with ideology, are problems that must be resolved. This dissatisfaction is driven by a low understanding of science and knowledge, so that a person or group of people tends to take shortcuts by committing a crime, such as terrorism. The involvement of various parties is important as one of the benchmarks for the success of preventing this crime of terrorism, including the involvement of community organizations such as the Indonesian Ulama Council as an organization to foster people from errors in understanding religious matters. Terrorism is an action that is based on a value system and world view, so that understanding it requires a framework and methodology of thought commonly used in the philosophical tradition. The research method used in this research is juridical-sociological with an empirical approach that is studied philosophically to find a concept of preventing the crime of terrorism through a soft approach.How to cite item: Mafazi, A., Bahroni, A. (2021). Pencegahan tindak pidana terorisme di Indonesia. Jurnal Cakrawala Hukum, 12(2), 121-128. doi:https://doi.org/10.26905/idjch.v12i2.4936
Tinjauan yuridis tentang ketenagakerjaan terhadap pemutusan hubungan kerja akibat dampak Covid-19 Antonius Bogar; Ukas Ukas
Jurnal Cakrawala Hukum Vol 12, No 3 (2021): Desember 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i3.7097

Abstract

The Indonesian Manpower Law act Number 13 of 2003 concerning Manpower regulates in detail the termination of employment (PHK) as well as legal protection for workers who are laid off. In terms of employment, which is a critical issue at this time is the Termination of Employment (PHK) of workers/laborers because companies are hit by the Covid-19 Pandemic. This research includes normative legal research with a statutory approach and in the analysis of legal materials using qualitative descriptive techniques. In this study, the main problem that the author examined is the legal basis for dismissal based on the Covid-19 Pandemic and the legal consequences for workers who work under a work agreement (PKWT). Based on the research problems and methods, the results of this study found that the termination of employment (PHK) committed against workers since the Covid-19 pandemic was a violation, therefore it is an act against the law and against the law. As a consequence, the company is obliged to pay the rights of workers/labor in accordance with the provisions and regulations of the prevailing laws.How to cite item: Bogar, A., Ukas, U. (2021). Tinjauan yuridis tentang ketenagakerjaan terhadap pemutusan hubungan kerja akibat dampak Covid-19. Jurnal Cakrawala Hukum, 12(3), 245-253. doi:https://doi.org/10.26905/idjch.v12i3.7097
The role of criminal investigation unit in South Sulawesi regional police about law enforcement against makers and hoax information spreaders Ismail Iskandar; Muhadar Muhadar; Hijrah Hijrah
Jurnal Cakrawala Hukum Vol 12, No 3 (2021): December 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i3.5159

Abstract

This study aims to determine the role of the criminal investigation unit in South Sulawesi Regional Police about law enforcement against hoax spreaders and to investigate crime prevention efforts by the criminal investigation unit in South Sulawesi Regional Police against perpetrators and hoaxes. This research is an empirical juridical study using interview and literature research methods as data collection techniques which are then analyzed qualitatively and presented descriptively. As for the conclusions of this study, viz. (1), the criminal investigation unit in South Sulawesi Regional Police plays a role in law enforcement against spreading hoax news crime, i.e. conducting investigations and investigations of special crimes, coordination, operational supervision, and administration of PPNS investigations in accordance with laws and regulations provisions. which is carried out based on the ideal role, the expected role, and the actual role, and (2) criminal investigation unit in South Sulawesi Regional Police in enforcing the law against the Crime of Information Dissemination or Hoax News conducts socialization efforts, broadcast public service advertisements and cyber patrols as a preventive or non-penal effort and conducts an investigation and investigation process based on the Criminal Procedure Code and Law Number 19 of 2016 concerning Information and Electronic Transactions (ITE) as a repressive or penal effort.How to cite item: Iskandar, I., Muhadar, M., Hijrah, H. (2021). The role of criminal investigation unit in South Sulawesi regional police about law enforcement against makers and hoax information spreaders. Jurnal Cakrawala Hukum, 12(3), 284-293. doi:https://doi.org/10.26905/idjch.v12i3.5159.
Asas kebebasan berkontrak dan perlindungan konsumen dalam kontrak baku pada internet banking Sagi Janitra; Mohammad Ghufron Az; Diah Aju Wisnuwardhani
Jurnal Cakrawala Hukum Vol 12, No 3 (2021): Desember 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i3.7361

Abstract

For customers, internet banking service facilities provide the advantage of being able to make online payments. Internet banking also provides accommodation for banking activities through computer networks anytime and anywhere quickly, easily, and safely because it is supported by a strong security system, especially for those who are always busy managing their finances. As for the formulation of the problem in this paper, how is the use of the principle of freedom of contract in standard contracts on internet banking seen from the point of view of Law Number 8 of 1999 concerning consumer protection and what is the legal protection for internet banking users for the contents of the standard contract? The result of this research is that the standard agreement on internet banking in its contents must be in accordance with the legal bases and articles that have been regulated in Law Number 8 of 1999 concerning Consumer Protection, where the agreement is not allowed if it harms the party implementing the agreement standard which in this case is a customer or debtor and the Bank is responsible for carrying out all obligations contained in the Banking Act, also in the Consumer Protection Act. The bank is also responsible for losses suffered by customers, whether they arise due to system errors or due to errors made by bank officers. A bank can only be released from its responsibilities after fulfilling its performance and paying compensation to the customer, or if the loss is due to the customer's fault or due to a compelling situation.How to cite item: Janitra, S., Ghufron Az, M., Wisnuwardhani, D. (2021). Asas kebebasan berkontrak dan perlindungan konsumen dalam kontrak baku pada internet banking. Jurnal Cakrawala Hukum, 12(3), 334-343. doi:https://doi.org/10.26905/idjch.v12i3.7361.
Idealitas eksistensi hakim komisaris terhadap konstruksi peradilan di Indonesia Bambang Satriya; Abdul Wahid; Mirin Primudyastutie
Jurnal Cakrawala Hukum Vol 12, No 3 (2021): December 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i3.5974

Abstract

This study aims to describe one of the political efforts of legal reform in the field of justice in Indonesia. This research describes that the presence or existence of norms that look at commissioner judges in preliminary examinations is part of an effort to prevent the possibility of the practice of abuse of roles or authorities that can damage the building of the criminal justice system with the modus operandi of violating the rights of suspects, whose role is more specific and has a value of certainty. compared to the role of judges in pretrial as it is today. This type of research in the problem of commissioner judges related to the ideals of legal reform is classified as normative juridical research or doctrinal research. The result obtained is that the existence of this commissioner judge is idealized to have a major impact on the reform of the performance model carried out by law enforcement officers at the fundamental level (investigation and investigation). The pattern of "judicial patronage" which can be understood as a pattern of placing law enforcement officers as masters, while suspects as objects, helpless figures, or "slaves" in the implementation of the criminal justice system, becomes an old disease or condition that reduces the conduciveness and progress of criminal justice, which by the role of the commissioner judge, is idealized to be curable.How to cite item: Satriya, B., Wahid, A., Primudyastutie, M. (2021). Idealitas eksistensi hakim komisaris terhadap konstruksi peradilan di Indonesia. Jurnal Cakrawala Hukum, 12(3), 254-262. doi:https://doi.org/10.26905/idjch.v12i3.5974
Ambiguitas sanksi hukum terhadap masyarakat yang menolak vaksinasi Covid-19 Ali Imran Nasution; Wicipto Setiadi; Yusuf Eko Nahuddin
Jurnal Cakrawala Hukum Vol 12, No 3 (2021): December 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i3.6417

Abstract

In 2020, the President of Indonesia established Presidential Regulation Number 99 of 2020 concerning the Procurement and Implementation of Vaccinations to Annihilate Covid-19 Pandemic. Furthermore, this Presidential Regulation was amended by Presidential Regulation Number 14 of 2021 which contained a particular provision to impose legal sanctions on people who violated rules by do not participate in Covid-19 vaccination. Administration sanctions such as postponing or terminating social security awarding or social assistance will be imposed on a citizen who does not comply with that particular provision. This kind of administrative sanction will potentially harm the rights of lower classes people. This study is to analyze the ambiguity of legal sanctions against people who refuse to get Covid-19 vaccination and to analyze the alternative solution to take out the ambiguity of imposing sanctions on people who violated these particular rules. This research method uses normative legal research by statutory and conceptual approach. This study concludes that the ambiguity caused by those sanctions is contradicted with the legislation rules and principles. Therefore, social work sanctions can be used as an alternative solution to substitute administrative sanctions that cause ambiguity and violated the community’s rights.How to cite item: Nasution, A., Setiadi, W., Nahuddin, Y. (2021). Ambiguitas sanksi hukum terhadap masyarakat yang menolak vaksinasi Covid-19. Jurnal Cakrawala Hukum, 12(3), 233-244. doi:https://doi.org/10.26905/idjch.v12i3.6417.
Urgensi kewenangan pengawasan OJK terhadap kegiatan penghimpunan dana oleh lembaga non keuangan Salsha Zuhriyah; Tunggul Anshari Setia Negara; Endang Sri Kawuryan
Jurnal Cakrawala Hukum Vol 12, No 3 (2021): December 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i3.4965

Abstract

This paper aims to analyze the urgency of the supervisory authority of the Financial Services Authority (OJK) on fundraising activities by non-financial institutions. For the purpose of discussion, this type of normative legal research uses a statutory approach, an analytical approach, and a case approach. Primary and secondary legal materials were analyzed using grammatical and systematic analysis techniques. Based on the results of the discussion, it was concluded that the Financial Services Authority's supervisory authority over the activities of collecting funds by non-financial institutions was that the Financial Services Authority had no authority. Based on the provisions of Articles 4, 5, 6, and Article 34 of the BI Law and their explanations regarding the regulation of OJK's supervisory functions, objectives, and authorities, it can be concluded that OJK's supervisory authority is limited to only covering financial service sector institutions, both banks, and non-banks. Meanwhile, First Travel is categorized as a non-financial institution in the form of a travel agency for Hajj and Umrah, although First Travel carries out fundraising activities. It is also strengthened that First Travel is not an official entity under the authority of the OJK in terms of licensing, regulation and supervision. First Travel status has received permission from the Ministry of Religion of the Republic of Indonesia but raises funds that are not in accordance with the license held. So, in the case of First Travel, it should have been sufficiently handled by the Ministry of Religion of the Republic of Indonesia, because that ministry was the one that issued permits and carried out supervision.How to cite item: Zuhriyah, S., Negara, T., Kawuryan, E. (2021). Urgensi kewenangan pengawasan OJK terhadap kegiatan penghimpunan dana oleh lembaga non keuangan. Jurnal Cakrawala Hukum, 12(3), 344-354. doi:https://doi.org/10.26905/idjch.v12i3.4965.
Perkembangangan peran pecalang sebagai lembaga keamanan adat di masyarakat Bali Indonesia Kadek Wiwik Indrayanti
Jurnal Cakrawala Hukum Vol 12, No 3 (2021): December 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i3.7093

Abstract

The island of Bali is known as one of the world's tourist destinations with all its unique traditions and customary laws. The Balinese have a traditional security institution known as the Pecalang whose role is different from that of the police. The purpose of this article is to identify the position of Pecalang according to Regional Regulation Number 4 of 2019 concerning Traditional Villages and the development of the role of Pecalang. The method used is a mix of methods, namely normative and empirical methods. The results show that the existence of Pecalang is regulated in Law Number 9 of 1979 concerning Village Government and Regional Regulation Number 4 of 2019 concerning Traditional Villages. Pecalang is formed in each of the customary village residents (pekraman) who have the task of maintaining security and order. The role of pecalang is currently experiencing development, which leads to the business, and can even be used as a political tool. What stands out is the case of the closure of the Hare Krsna hostel where the function as a security guard was instead used as a tool by the village to bring order to religious groups or sects that were allegedly not in accordance with community traditions. The police should have been involved because they thought it was a religious matter and their area. The regulation of pecalang duties needs to be re-examined in the Perda so that its function as a guardian of order is clear and not vice versa.How to cite item: Indrayanti, K. (2021). Perkembangangan peran pecalang sebagai lembaga keamanan adat di masyarakat Bali Indonesia. Jurnal Cakrawala Hukum, 12(3), 294-302. doi:https://doi.org/10.26905/idjch.v12i3.7093.
Pertanggungjawaban pidana korporasi dalam cyber pornografi Hatarto Pakpahan; Crisjiatmoko Mindika Dwimaylando
Jurnal Cakrawala Hukum Vol 12, No 3 (2021): Desember 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i3.7092

Abstract

Writing this article aims to identify and analyze the position of corporations as legal subjects in cyber pornography and forms of corporate criminal liability as active actors and corporations as passive actors in their position as online communication intermediaries as platform providers that can be accessed by the public. In this journal article, normative legal research is used. Corporations as legal subjects are recognized in the ITE Law Article 27 (1) in conjunction with article 52 paragraph 4, but the definition of the corporation itself is vague considering that the ITE Law is not explained especially in general criminal law (KUHP) which does not recognize corporations as legal subjects who can be held criminally responsible. In cyber pornography, corporate criminal liability in terms of corporations acting as active actors can be charged with Article 45 paragraph (1) in conjunction with Article 52 paragraph 4 of the ITE Law and also Article 40 paragraph (7) of Law 44. of 2008 concerning Pornography, but in the case of corporations act as passive actors, namely as intermediaries for online communication or as platform providers, cannot be held criminally responsible because there are no regulations that regulate it.How to cite item: Pakpahan, H., Dwimaylando, C., (2021). Pertanggungjawaban pidana korporasi dalam cyber pornografi. Jurnal Cakrawala Hukum, 12(3), 274-283. doi:https://doi.org/10.26905/idjch.v12i3.7092.
Perlindungan hukum bagi konsumen marketplace terhadap pencantuman berat bersih dalam produk makanan kemasan Nesiaindo Aira Putih Merah; Sylvana Murni Deborah Hutabarat
Jurnal Cakrawala Hukum Vol 13, No 1 (2022): April 2022
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v13i1.5333

Abstract

This study aims to determine the protection for consumers and the responsibilities of business actors in packaged food products in the marketplace according to Indonesian legislation. In its implementation, it uses normative juridical methods, analyzes descriptive data with a qualitative approach, and examines primary data and secondary data. Research shows that the protection regulations for marketplace consumers against the inclusion of net weight in packaged food products have been regulated in Indonesian legislation. Technological developments make the buying and selling process easier. Through the marketplace, a website or application is used as a place for buying and selling from several vendors. There are various packaged products traded, which is one of the provisions stating that packaged food products are eligible for distribution based on quality, health, content, and net weight. Various kinds of laws and regulations become references in regulating the distribution of packaged food in the marketplace. Consumer protection questions legal protection, so as a law that has rules regarding protection to consumers and the way business actors are responsible for defending their rights and carrying out their obligations. Article 22 of Law Number 2 of 1981 concerning Legal Metrology regulates the reasons for the inclusion of net weight that should be included in packaged food products. The inclusion of net weight is very necessary to be included in the actual packaging of food products.How to cite item: Putih Merah, N., Hutabarat, S. (2022). Perlindungan hukum bagi konsumen marketplace terhadap pencantuman berat bersih dalam produk makanan kemasan. Jurnal Cakrawala Hukum, 13(1), 58-67. DOI:https://doi.org/10.26905/idjch.v13i1.5333.

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