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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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Optimizing the role of political party courts in resolving internal political party disputes Ferry Anggriawan; Mohammad Fahrial Amrulla; Fadilla Dwi Lailawati
Jurnal Cakrawala Hukum Vol 13, No 2 (2022): August 2022
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v13i2.7962

Abstract

The purpose of this study is to provide suggestions for new legal concepts, to optimize the role of the Political Party Court, using normative juridical law research methods and approaches to laws, cases, and comparative law approaches. The mechanism for resolving internal disputes within political parties is regulated in Article 32 of Law of the Republic of Indonesia Number 2 of 2011 concerning Amendments to Law of the Republic of Indonesia Number 2 of 2008 about Political Parties (Political Parties Law), which states that it can be done through the Court of Political Parties. Furthermore, Article 33 of the UUPP can submit the settlement mechanism through a lawsuit to the District Court and the Supreme Court. The legal fact is that from several internal political party dispute cases, the settlement process is not only done through these two methods. However, someone suddenly created a rival Extraordinary Congress, seeking legal tendencies at the Ministry of Law and Human Rights of the Republic of Indonesia to file a lawsuit with the State Administrative Court. So it is necessary to have a new legal concept to optimize the role of the Political Party Court and a one-door mechanism for resolving internal disputes of political parties.How to cite item: Anggriawan, F., Amrulla, M., Lailawati, F. (2022). Optimizing the role of political party courts in resolving internal political party disputes. Jurnal Cakrawala Hukum, 13(2), 145-156. DOI:https://doi.org/10.26905/idjch.v13i2.7962.
Sanctions for not being read out by the auction office I Nengah Gowinda Wijaya
Jurnal Cakrawala Hukum Vol 13, No 2 (2022): August 2022
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v13i2.5896

Abstract

Auction minutes that the Class II Auction Officer does not read will affect their validity. The problem in this paper is about how the validity of the deed is not read out by the auction official, as well as the form of legal protection for the Class II Auction Officer for acceptable sanctions due to the auction minutes not being read out in the implementation of an electronic non-execution auction. This paper aims to analyze the validity of the deed that was not read out by the auction official in the performance of an electronic non-execution auction and a form of legal protection for Class II auction officials. This writing uses a normative juridical method with a statutory and conceptual approach. The study results indicate that the minutes of auction through the internet media have fulfilled the elements contained in Article 1868 of the Civil Code. Legal protection for Class II Auction Officials can be carried out in 2 (two) ways: preventive legal protection, namely by making new rules or improving the provisions of the old laws. Repressive legal protection is to take legal action in the form of an appeal against the Administrative Court or an appeal against the Supreme Court. In the request and cassation, repressive legal protection should be prioritized.How to cite item: Wijaya, I. (2022). Sanctions for not being read out by the auction office. Jurnal Cakrawala Hukum, 13(2), 164-174. DOI:https://doi.org/10.26905/idjch.v13i2.5896.
Social control of government policy through the citizen lawsuit mechanism Paris Hendra Wijaya Sinaga; Firdausa Panji Bagas Wiratama; Fransiska Indriati; Dewi Ayu Rahayu; Sunarjo Sunarjo
Jurnal Cakrawala Hukum Vol 13, No 2 (2022): August 2022
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v13i2.7875

Abstract

Social control is a form of monitoring whether or not a public policy is made from the planning and implementation stages in the community. Social control aims to prevent or treat so that the government does not set deviant actions or rules that can harm the community. So it is fitting for community groups to control and supervise the policies made by the government. However, it cannot be denied that there are still many policies that are made detrimental to the community and violate the public interest. This study analyzes inappropriate government policies in the community, using the empirical juridical method with a concept approach, a case approach, and a law approach. The results of this study indicate that several violations occurred due to government policies, so total control from the community is needed that can be carried out using a citizen lawsuit mechanism. The citizen lawsuit is the suitable lawsuit model to demand the Government evaluate and improve all efforts and policies to overcome problems detrimental to the community.How to cite item: Sinaga, P., Wiratama, F., Indriati, F., Rahayu, D., Sunarjo, S. (2022). Social control of government policy through the citizen lawsuit mechanism. Jurnal Cakrawala Hukum, 13(2), 123-134. DOI:https://doi.org/10.26905/idjch.v13i2.7875.
Constitutionality of constitutional settlement of disputes for the election of local heads Ahmad Siboy
Jurnal Cakrawala Hukum Vol 13, No 2 (2022): August 2022
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v13i2.6457

Abstract

The authority to adjudicate disputes over the results of regional head elections continues to experience a shift in the judiciary. The delegation of authority to judge to the courts caused a polemic when the Pilkada was returned to the electoral regime, considering that the handover of auto power he the Special Courts Agency was based on the Constitutional Court's decision that the Regional Head Elections was a not General Election regime but the Regional Head Election regime. The purpose of this study is to describe the dynamics and the basis for the constitutionality of the authority to try it. The survey results stated that the judiciary's regulation on the settlement of ciary experienced three shifts, namely from the Supreme Court, the Constitutional Court, and the Special Courts Agency. However, the Special Courts Agency payment is unconstitutional because it is not a judicial institution that is explicitly and directly by the Constitution. The compensation of the amount by the Agency must be concretely normalized in the Republic of Indonesia Constitution so that the settlement process no longer moves, especially when the Regional Head Election is again designed to be returned to the General Election regime.How to cite item: Siboy, A. (2022). Constitutionality of constitutional settlement of disputes for the election of local heads. Jurnal Cakrawala Hukum, 13(2), 117-127. DOI:https://doi.org/10.26905/idjch.v13i2.6457.
Legal protection for parking services in the event of a motor vehicle loss Zernis Cendramata Reessena; Padrisan Jamba
Jurnal Cakrawala Hukum Vol 13, No 2 (2022): August 2022
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v13i2.7874

Abstract

Consumer protection is a business that contains principles, rules, or rules used to provide protection and protect consumer rights. Problems regarding the safety of vehicles parked in public places often occur. These problems include the loss of helmets, vehicle parts, and even frequent loss of parked cars. What is the responsibility of parking managers to consumers who use roadside parking services in Batam City if they experience a vehicle loss? Researchers carried out the data interview technique by interacting and communicating directly at the research location with the interviewees. For the loss of motorized vehicles using parking services, the responsibility lies with the parking operator, which organizes the parking service business that has obtained a permit from the Regional Government. If t the parking operator does not carry out the responsibility, then legal action can be taken, both litigation and non-litigation. As one of the essential elements in the transportation system, parking arrangements are necessary and a concern for local governments to create a sense of security and comfort in using public facilities.How to cite item: Reessena, Z., Jamba, P. (2022). Legal protection for parking services in the event of a motor vehicle loss. Jurnal Cakrawala Hukum, 13(2), 224-230. DOI:https://doi.org/10.26905/idjch.v13i2.7874.
Analysis of used clothing business competition with predatory pricing in the local clothing industry Maria Eleonora Novena Pritasari
Jurnal Cakrawala Hukum Vol 13, No 3 (2022): December 2022
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v13i3.8912

Abstract

This research intends to examine juridically about used clothes that are offered with relatively cheap quality. This business is developing in Indonesia and can even kill the local clothing industry because the price difference is very large. This clothing business can weaken the local industry in the small and medium market, especially when local entrepreneurs want to improve the quality of their products so that they cannot compete with foreign products. Sales of used clothing due to low prices indicate competitive prices. The strategy of selling products at higher prices worries the Indonesian government because it can lead to unfair business practices. The approach is normative jurisprudence, namely the study of legal basis and standards. The results of this study indicate that the sale of used clothing is not part of predatory pricing practices. However, selling used clothing at relatively low prices reduces consumer interest in local products and can hurt the economy of the local clothing industry.How to cite item: Pritasari, M. (2022). Analysis of used clothing business competition with predatory pricing in the local clothing industry. Jurnal Cakrawala Hukum, 13(3), 291-299. DOI:https://doi.org/10.26905/idjch.v13i3.8912.
The validity of the notary's self-safety clause in the notary deed Natalia Budiman; Ni Made Ayu Sekar Kinasig; Tang Monica Christina Pangandaheng; Aida Qothrin Nada
Jurnal Cakrawala Hukum Vol 13, No 3 (2022): December 2022
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v13i3.8616

Abstract

The results of this study show that the self-security clauses listed by the notary in the deeds did not violate the provisions of laws and regulations, especially the UUJN. That is, the clause is validly stated on the condition that the notary lists the clause based on the statements of the complainants and that the statements or statements and supporting documents as a reference for making a notarial deed are valid, so if in the future it is known that there are wrong things, then the notary can use the clause as a form of effort to secure themselves or as a form of notarial resistance if the notary is used as a witness, the suspect/defendant, the defendant/co-defendant because of the deed he made. Juridically, the notary's self-protection clause does not have the legal force to bind third parties such as prosecutors, public prosecutors, or judges, so the clause cannot provide legal immunity for the notary if the notary can indeed be proven guilty in advance of the court. The clause only applies to notaries who have carried out the position's duties, especially in doing deeds by the provisions of the UUJN and laws and regulations.How to cite item: Budiman, N., Kinasig, N., Pangandaheng, T., Nada, A. (2022). The validity of the notary's self-safety clause in the notary deed. Jurnal Cakrawala Hukum, 13(3), 300-307. DOI:https://doi.org/10.26905/idjch.v13i3.8616.
Juridical review of construction contract disputes in Indonesia Supriyadi Supriyadi; Mohammad Gufron AZ; Kadek Wiwik Indrayanti
Jurnal Cakrawala Hukum Vol 13, No 3 (2022): December 2022
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v13i3.8916

Abstract

Nowadays, the method of resolving disputes through the judiciary has received very sharp criticism from practitioners and legal theorists. The roles and functions of the judiciary are considered to be heavy, slow, take a long time, cost a lot of money, unresponsive in seeing the public interest, and too formal and technical. The problem to be raised in this research is how to resolve construction work contract disputes in Indonesia as regulated in Law Number 2 of 2017 concerning construction services and how to compare construction work contract dispute resolutions through adjudication and arbitration. The results of this study are Based on the description in the Discussion section. It is concluded that the Construction Services Act only stipulates one settlement mechanism, namely dispute resolution out of court (non-litigation). Even in the Construction Work Contract, there is no room to make efforts to resolve disputes through court institutions. Thus, the philosophy (spirit) carried is the concept of a "win-win solution." The stages of dispute resolution efforts include mediation, conciliation, and arbitration. Implementing mediation, conciliation, and arbitration may refer to Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution.How to cite item: Supriyadi, S., Gufron AZ, M., Indrayanti, K. (2022). Juridical review of construction contract disputes in Indonesia. Jurnal Cakrawala Hukum, 13(3), 325-336. DOI:https://doi.org/10.26905/idjch.v13i3.8916.
Granting a compulsory will to grandfather and grandmother based on Aristotle's distributive theory Kasuwi Saiban; Titi Rusydiyati Al Kaswy; Fadil SJ
Jurnal Cakrawala Hukum Vol 13, No 3 (2022): December 2022
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v13i3.8855

Abstract

There is no legal basis for giving testament wajibah to a grandparent in Indonesia. However, the Religious Courts of Tarakan, in decision number: 610/Pdt.G/2014/PA.Trk. the judges gave testament wajibah portion of the inheritance to the grandparent because the heir’s mother blocked their position and the parenting role carried out by the grandparent since the mother left the heir, and her existence was unknown. The judge’s decision must consider the principles of legal certainty, benefits, and a sense of justice for the parties. Therefore, this research focuses on the judge’s legal reasoning in decision number: 610/Pdt.G/2014/PA.Trk. and how the judge’s decision is seen from the perspective of Aristotle’s distributive justice theory. This research is juridical-normative with cases and conceptual approaches. The results showed that the judge’s legal reasoning through the process of de heuristic and de legitimate, legal basis that judges used are the holy Qur’an, hadith, KHI, and Islamic law. The judges consider the role of grandparents during the heir to life. And giving testament wajibah to grandparents is considered fair based on Aristotle’s distributive justice theory because they have fulfilled the proportional principle requirements.How to cite item: Saiban, K., Al Kaswy, T., SJ, F. (2022). Granting a compulsory will to grandfather and grandmother based on Aristotle's distributive theory. Jurnal Cakrawala Hukum, 13(3), 272-280. DOI:https://doi.org/10.26905/idjch.v13i3.8855.
Juridical review of companies and limited liability companies Henny Yunita Puranto
Jurnal Cakrawala Hukum Vol 13, No 3 (2022): December 2022
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v13i3.6086

Abstract

Limited Liability Companies are formed by at least 2 (two) founders, and their formation is based on an agreement. At the end of 2020, the government issued a law known as the Job Creation Law (after this, referred to as UUCK). UUCK was established to promote economic development and support the business environment in Indonesia. UUCK has a new form of business, individual ownership, by the nature of micro and small businesses. Sole proprietorships were established under the revised UUCK section of the Limited Liability Company Law Number 40 of 2007 (after this referred to as the UUPT), and the revised UUPT contains several provisions that can cause conflicts in the future, one of which is a merger. Greetings. However, regarding establishing an individual business entity that one person can incorporate, this provision does not fulfill the parts of the agreement mentioned in the sense of a corporation. One of the contract conditions is that it must be carried out by at least 2 (two) people. A single company with a new concept requires further research.How to cite item: Puranto, H. Y., (2022), Juridical review of companies and limited liability companies. Jurnal Cakrawala Hukum, 13(3)262-271. doi:10.26905/idjch.v13i3.6086.

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