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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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Notary, public official or public official: implications for the position of notary Cahyani Aisyiah; Diah Aju Wisnuwardhani
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.v13i3.9012

Abstract

The issue to be discussed is whether there is a shift in the position status of a Notary to a Public Official. A notary is a General public Official according to Notary Office Law. Since Indonesia has acceded to the Apostille Convention, it is necessary to clarify the classification of the Notary position and its implications because the Convention applies to the legal product of Publik Officials. This study discusses whether there is a shift in the position of a Notary to a Public Official and its implications for the Notary Deed, considering the provisions regarding General Public Officials and Publik Officials, including the KIP Law. In conclusion, the classification of Notary occupation, for the sake of legal certainty, as stated in Notary Office Law, is General Public Official. From another perspective, if Notary is classified as a Public Official, this would not immediately force or make the Notary obligated to disclose the Notary Deed they made or the confidential information of the Parties who appear before the Notary.How to cite item: Aisyiah, C., Wisnuwardhani, D. (2022). Notary, public official or public official: implications for the position of notary. Jurnal Cakrawala Hukum, 13(3), 242-252. DOI:https://doi.org/10.26905/idjch.v13i3.9012.
The potential of money laundering in the regent election in Indonesia M. Arief Amrullah
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.v13i3.8856

Abstract

Advances in information technology and globalization processes make it easier for transnational criminal groups to use the legitimate economy to disguise their operations and facilitate the rapid transfer of proceeds of crime to avoid investigation by law enforcement authorities. One of the prominent activities of organized crime is profiting from the illicit drug trade, corruption, or other results obtained or obtained, either directly or indirectly, through the execution of crimes that occur in the global financial system. This methodology makes the transaction appear as a legal business. Therefore, efforts to eradicate money laundering are a dynamic process, moreover, organized crime perpetrators are constantly looking for new ways to carry out their illegal goals. Money launderers also have the opportunity to submit their financial contributions for local elections (Pilkada). The practice of money laundering in elections is very likely to occur due to conditions that trigger opportunities for organized crime groups to launder money.How to cite item: Amrullah, M. (2022). The potential of money laundering in the regent election in Indonesia. Jurnal Cakrawala Hukum, 13(3), 231-241. DOI:https://doi.org/10.26905/idjch.v13i3.8856.
The social work criminal law policy reduces the overcapacity of correctional institutions Romi Saputra
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.v13i3.6512

Abstract

This study discusses the imposition of a sentence against a person who commits a crime which is a very important part of realizing a good criminal justice system, in this case, the judge must be able to choose the right type of punishment for the perpetrator. The alternative to imprisonment, in this case, social work punishment, provides for the fact that prison sentences are increasingly being criticized due to humanitarian considerations, philosophical considerations, and economic considerations. Criticism of the negative consequences of imprisonment has given rise to thoughts of looking for an alternative to imprisonment, even though imprisonment can be justified in terms of crime prevention and public safety. Social work criminal acts for perpetrators of minor crimes can fulfill elements of development and provide protection to society. Guidance elements that are oriented toward individual criminal offenders who are convicted of social work offenders are protected from negative impacts such as being labeled as offenders by society and loss of self-confidence.How to cite item: Saputra, R. (2022). The social work criminal law policy reduces the overcapacity of correctional institutions. Jurnal Cakrawala Hukum, 13(3), 308-315. DOI:https://doi.org/10.26905/idjch.v13i3.6512.
Socio-legal study of community pathology in the social space Teguh Suratman; Wika Yudha Shanty
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.v13i3.8880

Abstract

The human instinct to be better than others causes various deviations; the instinct for eating, power, sexuality, selfishness, Etc. Contributes to various forms of ignorance/deviations, which are called social diseases. Diseases of society are part of social life that is always present in society. Therefore, its existence is a common problem and requires a joint solution. Currently, people's awareness of social ills has diminished, so the condition is very alarming; as can be seen at every crossroads, there are many beggars, homeless people, and disabled people; it even happens in schools—early childhood. Therefore, the concern of all levels of society is needed to be involved in solving and overcoming this problem. The problem of children at this time is not only a problem for families, society, and the nation, but it has also become a world problem, which also involves world institutions. Therefore, the problem of children today is a serious and global problem. For this reason, it is necessary to pay attention to all elements of society so that they take part in dealing with and alleviating these problems.How to cite item: Suratman, T., Shanty, W. (2022). Socio-legal study of community pathology in the social space. Jurnal Cakrawala Hukum, 13(3), 337-346. DOI:https://doi.org/10.26905/idjch.v13i3.8880.
Legal protection for sea transport passengers Romi Wahyudi; Dewi Astutty Mochtar
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.v13i3.7490

Abstract

In terms of transportation, safety and security issues are of particular concern. The shipping safety and security system is an important factor that must be considered and as a basis and benchmark for decision-making in determining the feasibility of shipping both in terms of facilities in the form of ships and infrastructure such as navigation systems, and the human resources involved in it. Indonesia has sovereignty over the entire Indonesian sea area, so the sea has a significant role in both the means of unifying the nation and the territory of the Republic of Indonesia, as well as the sea as an invaluable asset of the nation and the future of Indonesia. The efforts that can be made in maximizing legal protection for passengers are to improve the legal system in the shipping sector, including the substance of the provisions regarding shipping, which are further enhanced in the form of sanctions against companies, the addition of providing adequate and comfortable facilities and infrastructure for passengers, especially in the field of legal protection against losses incurred. suffered by passengers, sometimes the transportation company pays less attention to passengers who suffer losses.How to cite item: Wahyudi, R., Mochtar, D. (2022). Legal protection for sea transport passengers. Jurnal Cakrawala Hukum, 13(3), 316-324. DOI:https://doi.org/10.26905/idjch.v13i3.7490.
Legal consequences of adopting children of Indonesian citizens by foreign nationals Fadilla Dwi Lailawati; Ferry Anggriawan; Sunarjo Sunarjo; Ariyanti Ariyanti; Mohammad Fahrial Amrulla
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.v13i3.8881

Abstract

This study aims to analyze the legal regulations regarding the adoption of children of Indonesian citizens by foreign nationals through a court decision process because in this case, the adoption is not a dispute which is then made into a decision, in accordance with the HIR stating that the decision was taken because of a lawsuit. This means that there must be a dispute between the disputing parties. Government Regulation 54 of 2007 concerning the Adoption of Children, contradicts article 184 HIR and needs to be reviewed because this regulation conflicts with the Criminal Procedure Code. Civil evidence is determined by very restrictive evidence, namely the judge in considering his decision is very fixated on the existing evidence. In this case, formal evidence is an authentic letter, namely a letter issued by an authorized agency made by an official who has been sworn in for an act. However, the letter may become inauthentic if a court decision overturns it; as long as there is no cancellation, the judge is bound by an authentic letter because the evidence is perfect evidence, so if the decision to adopt a child becomes void if there is a court decision that cancels it.How to cite item: Aisyiah, C., Wisnuwardhani, D. (2022). Notary, public official or public official: implications for the position of notary. Jurnal Cakrawala Hukum, 13(3), 242-252. DOI:https://doi.org/10.26905/idjch.v13i3.9012.
Legal protection for consumers whose certificates are collateralized by the developer Johanes Rodo Mulia; Eko Wahyudi
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.v13i3.8389

Abstract

This study analyzes the Consumer Protection law in adequately protecting home buyers at Violet Garden, Bekasi. These consumers are faced with losing their house certificates because they have guaranteed them to a non-pawnbroker bank (Maybank). Finally, the Central Jakarta Commercial Court ruled that the developer was bankrupt because he was unable to pay his debts. The curator invites the buyer to participate in paying off the developer's debt, which amounts to approximately fifty percent of the purchase price. This investigation uses a normative juridical approach, namely a truth-seeking procedure based on the logic of legal studies from a normative point of view. The results of this study are that banks must protect consumer rights and not cause problems that result in material losses experienced by consumers. Consumers can file lawsuits because the parties responsible for this case are PT Bank Rakyat Indonesia Tbk, PT Bank Tabungan Negara Tbk, and PT Nusuno Karya, and the element of tort has been fulfilled. However, currently, there are no regulations that strictly regulate how a house can be sold by a developer so that the state can protect consumers.How to cite item: Mulia, J., Wahyudi, E. (2022). Legal protection for consumers whose certificates are collateralized by the developer. Jurnal Cakrawala Hukum, 13(3), 281-290. DOI:https://doi.org/10.26905/idjch.v13i3.8389.
Kewenangan pejabat lelang kelas II terhadap minuta risalah lelang yang lebih batas waktu Hartina Ruth Manora; Abdul Rachmad Budiono; Endang Sri Kawuryan
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.v13i1.7096

Abstract

This study aims to determine the position of the minutes of auction minutes after 30 years and the authority of the Auction Officer after the minutes are kept for 30 years. The Minutes of the Minutes of Auction Deed are authentic deeds and have perfect evidentiary power for the parties. In Article 92 paragraphs (3) and (4) of the Regulation of the Minister of Finance (PerMenKeu) Number 27/PMK.06/2016 concerning Auction Implementation Guidelines, it is stated that the minimum period of storage for the Minutes of Auction Deed is 30 years. The position of the minutes of auction minutes that have been kept for 30 years or more, if it is related to the juridical age of the authentic deed, then the position of the minutes of the auction minutes that have been kept for 30 years remains valid as legal evidence. Minutes of Auction made by the Class II Auction Officer are kept at the Class II Auction Officer's Office for 30 years so that the Class II Auction Officer is authorized to make a copy/quote/Grosse after 30 years and is not liable for the minutes of the auction minutes. In terms of enforcing the rights of the parties concerned and requiring the Minutes of Auction that have been kept for 30 years, the parties concerned may take legal action by submitting a request for a court order.How to cite item: Manora, H., Budiono, A., Kawuryan, E. (2022). Kewenangan pejabat lelang kelas II terhadap minuta risalah lelang yang lebih batas waktu. Jurnal Cakrawala Hukum, 13(1), 96-106. DOIhttps://doi.org/10.26905/idjch.v13i1.7096.
Makna frasa sehat jasmani sebagai syarat unuk diangkat sebagai notaris Muhammad Burhanuddin Anshori
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.v13i1.5183

Abstract

The problem in this study relates to the meaning of the phrase "healthy body" as a condition to be appointed as a notary according to the rules contained in Article 3 letter d of Law No. 2 of 2014 regarding work opportunities for people with disabilities who are physically healthy and have physical characteristics of people with disabilities a notary candidate who can be appointed as a notary as referred to in the Law on Notary Positions. The results of this study indicate that the meaning of "physically healthy" as a requirement to be appointed as a Notary is explained in Article 3 Letter D of the UUJN. A physically disabled person must have the same opportunity to be appointed as a Notary as other people, but the equality of opportunity must pay attention to his ability to carry out his duties as a Notary in order to maintain the credibility of the Notary Position. A person with disabilities can still be said to be in good health if he can still carry out his obligations as a Notary like a physically disabled person who can speak fluently, and can write or type well because he can still move his hands and fingers well but cannot walk properly because unable to move one part of his leg, then for a physically handicapped person such as these criteria still meet the benchmarks to be appointed as a notary.How to cite item: Anshori, M. (2022). Makna frasa sehat jasmani sebagai syarat unuk diangkat sebagai notaris. Jurnal Cakrawala Hukum, 13(1), 10-19. DOI:https://doi.org/10.26905/idjch.v13i1.5183.
BUMDesa Policy Innovation to Increase Village Authenticity in a Neo-Institutionalism Perspective Jairi Irawan; Bintaro Wardiyanto; Erna Setijaningrum
Jurnal Cakrawala Hukum Vol 14, No 1 (2023): April 2023
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v14i1.9871

Abstract

This study aims to identify policy innovations in BUMDesa and their contribution to increasing village original income (PADesa). This study uses exploratory qualitative methods through in-depth interviews with actors who are directly involved with BUMDesa Larasati and related external parties. The results of the research were then analyzed using the perspective of Neo-Institutionalism. This study found that the policy innovations formulated and implemented by BUM Desa Larasati were inseparable from the role of critical actors within the Village Head of Kendalbulur. The Village Head has full support from internal BUMDesa and the Village Consultative Body—in addition to interactions with external institutions such as the Tulungagung DPMD, Banking, and PT. POS, East Java Village BUM Clinic, makes it easy to make policies. Policy innovation has significantly increased PADesa in the last three years. BUM Desa Larasati is already a legal entity and is ready to compete with other agencies. For this reason, synergy is needed between OPD and the private sector regarding assistance to BUM Desa so that human resources and their existence are properly maintained.How to cite item: Irawan, Jairi, Bintoro Wardiyanto, and Erna Setijaningrum. “BUMDesa Policy Innovation to Increase Village Authenticity in a Neo-Institutionalism Perspective.” Jurnal Cakrawala Hukum. 14 no. 1 (2023):9-20. DOI: 10.26905/idjch.v14i1.9871.

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