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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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Analisis hukum terhadap peran Syahbandar dalam pengawasan evakuasi kapal kandas di perairan laut Irvan Hidayatulloh; Zuhdi Arman
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.v13i1.7440

Abstract

This writing aims to oversee the role of the harbormaster institution in supervising the evacuation of ships, obstacles, and the efforts of the harbormaster in evacuating an aground ship. This type of legal research is divided into 2 (two), namely normative legal research and empirical or sociological legal research. The type of legal research used by researchers is empirical legal research which is based on field data. The data interview technique was carried out by researchers with interviews, namely the process of interaction and communication directly in the research location with the resource persons who will be interviewed by prospective researchers are Awareness Instation Workers. The results of the study show that talking about ships aground at sea has occurred a lot in the Batam sea where fast action is needed because of the people and the large costs available for the damage to the ship. Seeing the case above, the actions of the harbormaster when evacuating a ship that ran aground at the Batam sea were in accordance with law no 18 of 2008 concerning ships and PM 71 of 2013 concerning Salvage / Underwater Work, such as the initial action when there was a report made by VTS when the ship ran aground, when asking ship documents, ask for general documents of agents, local agents and supervision when the ship runs aground as well as supervision when the ship is taking place.How to cite item: Hidayatulloh, I., Arman, Z. (2022). Analisis hukum terhadap peran Syahbandar dalam pengawasan evakuasi kapal kandas di perairan laut. Jurnal Cakrawala Hukum, 13(1), 20-28. DOI:https://doi.org/10.26905/idjch.v13i1.7440.
Implikasi hukum penahanan validasi BPHTB terhadap developer sebagai wajib pajak mineral Alvira Aslam; Abrar Saleng; Muh Hasrul
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.v13i1.7437

Abstract

The results show that the Regional Government Polewali Mandar Regency has added housing developers to the taxpayers of NMMR to increase revenue from the lack of local revenue (LR) due to the income in the tax sector. Based on the research, the changing policies occurred because the Regent Regulation No. 13/2010 concerning NMMR Taxes did not explicitly stipulate who the taxpayers were to be subject to in the regulation, In addition, the lack of LR from the NMMR tax sector was caused by the rise of mining companies operating without Mining Business Permits (MBP). However, instead of controlling miners to increase revenue in the tax sector, the Government has instead designated housing developers as taxpayers of NMMR. In tax law, this policy breaches the principle of certainty which emphasizes the need for certainty regarding tax subjects and objects. In mining law, adding developers as taxpayers will only make unlicensed mining more prevalent. Meanwhile, in terms of housing and settlement law, this policy is detrimental to developers. Moreover, the existence of the delay of BPHTB if the developer refuses to become a taxpayer on NMMR taxes resulted in the developer being unable to process the contract and transfer the title.How to cite item: Aslam, A., Saleng, A., Hasrul, M. (2022). Implikasi hukum penahanan validasi BPHTB terhadap developer sebagai wajib pajak mineral. Jurnal Cakrawala Hukum, 13(1), 1-9. DOI:https://doi.org/10.26905/idjch.v13i1.7437.
Implikasi yurіdіs penandatanganan akta dі hadapan notarіs dengan menggunakan tanda tangan elektronіk Nuke Irfayanti Lubis
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.v12i3.5114

Abstract

Indonesia is in an era of globalization, it can be seen by the era of technology that introduced the virtual world (cyberspace, virtual world) through internet networks, communication with electronic media without paper. The development of electronic signature technology has been implemented in Indonesia. The existence of electronic signatures has begun to replace conventional signatures in several places on the grounds of using technology to make it easier. The ІTE Act already guarantees electronic signatures. GMS can be held using electoral media. However, the GMS with electronic media must be approved and signed by the GMS participants. In the notary deed, the minutes of the GMS are included in the release deed. Preparation of a notary deed of the GMS minutes using an electronic system must be signed by all GMS participants. Participants who attend the meeting via video conference can use the signature using the electronic system. Legal Issues in this Research There are unclear norms related to signatures which are described in the Law on Notary Position. This research is normative law research. From the results of the research using the above method, the author obtains answers to the problems regarding the Law of Signing Notary Deeds Using Electronic Signatures.How to cite item: Lubis, N., (2021). Implikasi yurіdіs penandatanganan akta dі hadapan notarіs dengan menggunakan tanda tangan elektronіk. Jurnal Cakrawala Hukum, 12(3), 314-325. doi:https://doi.org/10.26905/idjch.v12i3.5114.
Keikutsertaan dewan komisaris dalam pengurusan operasional perseroan terbatas Retno Sariwati
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.v13i1.7693

Abstract

The Board of Directors, and the Board of Commissioners. The Board of Commissioners is one of the organs in a Limited Liability Company (PT) and has a very important role. The Board of Commissioners has the duty and authority to supervise in general or specifically in accordance with the articles of association and provide advice to the board of directors as stipulated in Article 108 paragraphs (1) and (2), as well as Article 117 paragraph (1) of Law no. 40 of 2007 concerning Limited Liability Companies. The focus that will be studied in this research is the participation of the board of commissioners in the operational management of a Limited Liability Company (PT). This research is a normative legal research, with a statute approach. The results of the study explain that based on the articles of association or the decision of the GMS, the board of commissioners can take actions to manage a Limited Liability Company under certain circumstances for a certain period of time. This provision authorizes the board of commissioners to manage a Limited Liability Company in the absence of a board of directors, among others when all members of the board of directors have a conflict of interest with the Limited Liability Company, or if all members of the board of directors are absent or temporarily dismissed.How to cite item: Sariwati, R. (2022). Keikutsertaan dewan komisaris dalam pengurusan operasional perseroan terbatas. Jurnal Cakrawala Hukum, 13(1), 88-95. DOI:https://doi.org/10.26905/idjch.v13i1.7693.
Analisa kepastian hukum terhadap kepemilikan unit rumah susun yang belum memperoleh sertifikat hak milik Meike Binsneyder; Nynda Fatmawati Octarina
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.v13i1.5623

Abstract

Along with the increasing need for residents to find jobs that provide better income in the city, this has had an impact on increasing the need for housing. On the one hand, the availability of affordable land and housing is a problem for the urban population explosion. For this reason, the effort to build flats is a priority for housing procurement, considering the large number of residents who need a place to live. With consideration of affordable prices, the construction of flats for middle-class residents while still paying attention to the standardization of decent, healthy, and comfortable housing. Law No. 20 of 2011 concerning Flats (UU Rumah Susun) in Article 24 explains that the construction of flats must comply with technical and administrative provisions and UUPK concerning the rights of residents buying flats to obtain a certificate which must be fulfilled according to the agreed agreement. The problem that occurs is that in fact, the flats are commercial in nature, both in the form of flats and apartments in several areas, many of which the owners have not yet obtained a certificate of ownership of the flats. With regard to this fact, after the flats are sold and bought by the public, the buyer is entitled to the part that has been sold, and the developer cannot own it.How to cite item: Binsneyder, M., Octarina, N. (2022). Analisa kepastian hukum terhadap kepemilikan unit rumah susun yang belum memperoleh sertifikat hak milik. Jurnal Cakrawala Hukum, 13(1), 38-48. DOI:https://doi.org/10.26905/idjch.v13i1.5623.
Perilaku asusila pada anak dan upaya diversi oleh kepolisian kajian sosio-legal Teguh Suratman; Wika Yudha Shanty
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.v13i1.7441

Abstract

The existence and efforts to protect children are currently regulated in the provisions of laws and regulations, however, there are many deviations that befall children, for example, parents are wrong in providing care, acts of violence against children both physically and psychologically, are involved in criminal acts of decency, sexual deviation, and so on. The negative influence on children is very large, therefore it requires vigilance, accuracy, seriousness, and handled properly and correctly. It is said so because children are the next generation of the nation whose existence will determine the survival and future of the nation. This study is an empirical legal study with a socio-legal research approach, by taking secondary data from the Police which is compared with the provisions of the relevant legislation governing children. Then the data obtained were analyzed descriptively qualitatively, using logic and inductive and deductive reasoning according to the need to solve and analyze the related data. The results of this study provide an academic and practical contribution to the handling of children's problems in Indonesia. Academically provide scientific contributions to child reviewers and researchers in the future. Meanwhile, practically, in dealing with children's cases using a diversion model that is characteristic of today, one of which is the authority of the Police.How to cite item: Suratman, T Shanty, WY (2022). Perilaku asusila pada anak dan upaya diversi oleh kepolisian kajian sosio-legal. Jurnal Cakrawala Hukum, 13(1). doi:10.26905/idjch.v13i1.7441.
Implikasi yuridis parate eksekusi obyek hak tanggungan Lydia Kurnia Putri Rosari; Imam Nur Koeswahyono; Diah Aju Wisnuwardhani
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.v13i1.5189

Abstract

To analyze and study the juridical implications of separate execution on the object/s of mortgage are the objectives to be achieved in this research and also to find out what are the obstacles faced by the Bank PT. Central Bank Asia Tbk. Kediri Branch in implementing para te execution with the object of the mortgage. The method used in this research is empirical legal research with interview data collection techniques, literature studies, and documentation. The results of the research with the method above show the obstacles that might occur is an obstacle that came from the debtor's side, for example, the existence of resistance from the debtor or third party and the emptying of the object of the liability right. The obstacle from the creditor's side is the difficulty in finding auction buyers for the object of the execution auction. The juridical implication of the execution parade with the object of collateral is to obtain creditor assurance regarding the repayment of his debt from the debtor, in addition to accelerating the repayment process of creditors when the debtor defaults by giving the creditor the right to sell the Collateral Right Object of his own power through a public auction.How to cite item: Rosari. L.K.P., Koeswahyono I., Wisnuwardhani. D.A. (2022). Implikasi Yuridis Parate Eksekusi Objek Hak Tanggungan. Jurnal Cakrawala Hukum, 13(1). doi:10.26905/idjch.v13i1.5189.
Tanggungjawab PPAT pengganti terhadap surat kuasa membebankan hak tanggungan berobjek izin membuka tanah negara Dinne Diaren Dizan; Iwan Permadi; Hariyanto Susilo
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.v12i3.4966

Abstract

Permit to open state land based on the Regional Regulation of the City of Balikpapan Number 1 of 2014 concerning State Land Opening Permits is not an object of Mortgage Rights, objects of mortgage rights are land rights that have the status of Property Rights, Business Use Rights, Building Use Rights and Use Rights over state land as described in Article 51 UUPA in conjunction with Article 4 of the Mortgage Rights Law. Since the State Land Opening Permit is not an object of mortgage rights, it is actually not justified if the state land is pledged as repayment of debtor's debt which is bound by an Authorisation for Assignment of Mortgage  IMTN objects as collateral are risky when the debtor is in default. Normative juridical research is a type of research used in this study while using a statutory approach and a conceptual approach. Research results Inclusion of IMTN objects in SKMHT is not in accordance with the applicable Prevailing Laws. SKMHT that is not in accordance with the provisions of the Mortgage Rights Law, UUPA, and the provisions of the terms of the authenticity of a deed can result in being null and void. The responsibility of the Substitute PPAT is the same as the PPAT, namely personally for the implementation of his / her job duties as well as the PPAT in accordance with Article 41 paragraph (7) of Perkaban No.1 of 2006.How to cite item: Dizan, D., Permadi, I., Susilo, H. (2021). Tanggungjawab PPAT pengganti terhadap surat kuasa membebankan hak tanggungan berobjek izin membuka tanah negara. Jurnal Cakrawala Hukum, 12(3), 263-273. doi:https://doi.org/10.26905/idjch.v12i3.4966.
Perlindungan hukum terhadap pembeli lelang yang tidak menerima objek lelang dalam masa penyerahan Natalia Maria Liju; Abdul Rachmad Budiono
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.v12i3.7095

Abstract

This study discusses what if it turns out that the object of the auction, when its obligations have been paid off by the buyer, is not appropriate? If there is a legal vacuum, then what can be done to protect buyer rights? This research was made in order to answer questions like this, and then to be able to provide legal certainty and also legal protection for the parties involved in the auction. This research method is normative juridical. The approach used is a statutory approach (Statute Approach) and a concept approach (Conceptual Approach). Auction is a direct public sale that has long been known in Indonesia. However, until now the legislation regarding auctions is very minimal. Auctions in Indonesia are still using the Vendu Regulation Number 1908 Number 189, and then directly regulated using the Regulation of the Minister of Finance such as Regulation of the Minister of Finance Number 27 of 2016 concerning Instructions for Auction Implementation. This has resulted in a legal vacuum in some matters regarding auctions. One of them is if the object of the auction submitted during the later delivery is not appropriate. Because this is not regulated in the existing laws and regulations, it results in legal uncertainty for the auction buyer.How to cite item: Liju, N., Budiono, R. (2021). Perlindungan hukum terhadap pembeli lelang yang tidak menerima objek lelang dalam masa penyerahan. Jurnal Cakrawala Hukum, 12(3), 303-313. doi:https://doi.org/10.26905/idjch.v12i3.7095.
Perlindungan hukum pemegang kartu kredit yang dirugikan dengan penawaran asuransi menggunakan media elektronik Rahmawati Rahmawati
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.v13i1.7439

Abstract

This research concerns the protection of credit card customers who are harmed by the provider through telemarketing or short messages and other forms of responsibility for credit cardholders. The study of normative law is carried out with a statutory, conceptual, and case approach, as well as the purpose of grammatical, systematic, and theological interpretation. The results of this study indicate that with the Circular of the Financial Services Authority No. 12/SE.07/OJK/2014 regarding the delivery of information related to the marketing of fund products or financial services, preventive measures can be taken. Every financial service actor to stop any business offering their products and services by telephone or short message, Bank Indonesia Regulation Number: 7/6 / PBI / 2005 concerning Calculation of Information Disclosure of Banking Products and Use of Customer Personal Data, as well as the Civil Code. In the form of repressive legal protection against criminal, civil and administrative sanctions. The criminal threat that can be imposed is a maximum imprisonment of (four) years. As well as civil sanctions in the form of compensation for a number of losses suffered by the Customer (cardholder).How to cite item: Rahmawati, R. (2022). Perlindungan hukum pemegang kartu kredit yang dirugikan dengan penawaran asuransi menggunakan media elektronik. Jurnal Cakrawala Hukum, 13(1), 78-87. DOI:https://doi.org/10.26905/idjch.v13i1.7439.

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