Jurnal Cakrawala Hukum
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.
Articles
295 Documents
<![CDATA[Transfer of Land Ownership Through Frant with The Guaranteed Object ]]>
<![CDATA[Siti Ayu Rahayu]]>;
<![CDATA[Honainah Honainah]]>;
<![CDATA[Nur Fitriah]]>;
<![CDATA[Bhim Prakoso]]>;
<![CDATA[Ainun Najib]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 14, No 1 (2023): April 2023 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v14i1.10005
<![CDATA[This study aims to analyze how the concept of transferring land ownership rights through grants and how land status is obtained through grants, but the object remains a mortgage object. This article uses normative legal research methods. The sources of legal materials used are primary legal materials and secondary legal materials. The procedure for collecting legal materials in this article is to study library materials. Analysis of legal material sources was carried out descriptively. The results of the study concluded that the transfer of ownership rights to land due to grants can only be registered if the PPAT makes a deed. The contents and procedures for drawing up a deed are regulated in the Regulation of the Minister of Agrarian Affairs/Head of BPN No.3 of 1997. For the transfer of ownership rights to land through a grant, a PPAT deed cannot be made because the object of the grant deed is still an object of mortgage rights. To anticipate that grants can still be made, a grant-binding agreement was made before a Notary in order to fulfill legal protection for the parties.How to cite item: Rahayu, Siti Ayu, Honainah, Nur Fitriah, Bhim Prakoso, and Ainun Najib. “Transfer of Land Ownership Through Frant with The Guaranteed Object.†Jurnal Cakrawala Hukum. 14 no. 1 (2023): 63-75. DOI: 10.26905/idjch.v14i1.10005.]]>
<![CDATA[Formulation of Criminal Law Policy for Distribution of Non-Food Animal Meat for Consumption ]]>
<![CDATA[Nahdiya Sabrina]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 14, No 1 (2023): April 2023 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v14i1.10049
<![CDATA[This study aims to provide an analysis of the many cases of distribution of non-food animal meat for consumption purposes that have recently received attention, such as the rampant sale of cat and dog meat which often occurs in society. Cats and dogs are pets kept by humans. These animals are not included in the consumption of livestock. Consumption of non-food animals is a heinous act that can become a zoonotic vector. This study uses normative legal research methods with several approaches, namely the statutory approach and the conceptual approach. The results obtained are that there are laws and regulations related to the distribution of non-food animal meat for consumption purposes, but some of these regulations do not mention the imposition of sanctions on the distribution of non-food animal meat for consumption purposes. Criminal laws should provide for the torture of animals and the distribution of non-food animal meat for consumption and sanctions. This is considering the dangers of consuming non-food animals which have the potential to harm the wider community.How to cite item: Sabrina, Nahdiya. “Formulation of Criminal Law Policy for Distribution of Non-Food Animal Meat for Consumption.†Jurnal Cakrawala Hukum. 14 no. 1 (2023): 28-35. DOI: 10.26905/idjch.v14i1.10049.]]>
<![CDATA[The Significance of Computer Forensics in Electronic Documents as Evidence in Criminal Law ]]>
<![CDATA[Aris Hardinanto]]>;
<![CDATA[Barda Nawawi Arief]]>;
<![CDATA[Joko Setiyono]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 14, No 2 (2023): August 2023 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v14i2.10820
<![CDATA[Forensic science standards, no crime never leaves traces. Along with the emergence of cybercrime, a new type of evidence emerged as an expansion of conventional evidence in Indonesian criminal procedural law, namely electronic evidence as stated in the Law on Electronic Information or electronic documents whose authenticity can be guaranteed, but there is no further explanation. Further, what is the procedure for guaranteeing its authenticity? Based on this, not all electronic information or documents can be used as evidence. One branch of forensic science that is relevant to proving cybercrimes is computer forensics. The problem that arises is to what extent is the significance of computer forensics to guarantee electronic information or electronic documents as evidence. This article was based on legal research using a conceptual, statutory, and case approach. The result of this study is that computer forensics plays a significant role in the crime of illegal access to electronic devices because it is a tool in criminal procedural law that can be used to guarantee the authenticity of electronic information or electronic documents so that they can be accepted as evidence in court.How to cite item: Hardinanto, Aris, Barda Nawawi Arief, and Joko Setiyono. “The Significance of Computer Forensics in Electronic Documents as Evidence in Criminal Law.†Jurnal Cakrawala Hukum 14 no. 2 (2023):155-166. DOI: doi.org/10.26905/idjch.v14i2.10820.]]>
<![CDATA[The Ideality of Implementing Administrative Sanctions Against Environmental Damage ]]>
<![CDATA[Muhammad Rizky Akbar Ismail]]>;
<![CDATA[Lego Karjoko]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 14, No 2 (2023): August 2023 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v14i2.10420
<![CDATA[Based on the Government Regulation in Lieu of Law, it has reduced and changed the nomenclature for the imposition of administrative sanctions against environmental pollution and damage. As regulated in the Implementation of administrative sanctions from the instrument, five points are regulated by the government sanctions instrument. This article uses normative research methods with statutory and analytical approaches. Using primary and secondary data types using deductive logic analysis methods. The results of this study indicate that there is a change in administrative sanction arrangements, especially in administrative fines, where there is no specific indicator in providing the amount of fines. The revocation of business licenses is certainly in line with Good Governance, which lies in legal certainty, effectiveness, and efficiency. This is because the government has full responsibility for the legal position that is made to be implemented as fairly as possible. In addition, the government plays an active role in maximizing administrative law instruments wisely and responsibly.How to cite item: Ismail, Muhammad Rizky Akbar, and Lego Karjoko. “Ideality of Implementation Administrative Sanctions Against Environmental Damage in Indonesia.†Jurnal Cakrawala Hukum 14 no. 2 (2023): 200-211. DOI: 10.26905/idjch.v14i2.10420.]]>
<![CDATA[Criminal Law Policies in an Effort to Tackle Criminal Acts of Terrorism Financing ]]>
<![CDATA[M. Arief Amrullah]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 14, No 1 (2023): April 2023 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v14i1.9881
<![CDATA[The issues that will be discussed in this research include what are. This research was initiated by the development of terrorist groups that request donations from individuals or groups or foundations, or corporations. Likewise, this writing aims to prevent the collection of funds to finance terrorist activities using corporations. Identifying Beneficial Owners of Corporations is very important in preventing criminal acts of terrorism financing. This article uses normative legal research methods. The sources of legal materials used are primary legal materials and secondary legal materials. The procedure for collecting legal materials in this article is to study library materials. Analysis of legal material sources was carried out descriptively. Empowering in its concretization, legal products related to terrorism funding need to be harmonized and renewed. Because of this, the existing law should be updated to suit developments and the modus operandi of terrorist organizations in raising funds so that the abuse of corporations as a vehicle for committing criminal acts of terrorism funding can be prevented and eradicated.How to cite item: Amrullah, M. Arief, “Legal Problems Related to Mineral and Coal Mining Permits.†Jurnal Cakrawala Hukum 14 no. 1 (2023): 86-95. DOI: 10.26905/idjch.v14i1.9881.]]>
<![CDATA[Local Government Authority in Managing Non-State-Owned Forest Areas to Reduce Deforestation ]]>
<![CDATA[Redin Redin]]>;
<![CDATA[Charis Kristotes Jordan]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 14, No 1 (2023): April 2023 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v14i1.9101
<![CDATA[Analyze the authority of local governments in maintaining forest cover in forest areas that are not owned by the state or APL as life support from deforestation due to forest conversion into business areas. Looking at the considerations for determining the 10 areas with the Decree of the Sintang Regent in the APL, shows that APL has an essential function as a community environment. Therefore, forests and biodiversity in APL must be managed by prioritizing the function of environmental protection. This research is normative, with data collection techniques carried out by library researchers. The results of the study show that the Sintang Regency Government is given the authority to manage APL in its administrative area based on the Decree of the Minister of Forestry Number SK.733/Menhut-II/2014 concerning Forest Areas and Marine Conservation in West Kalimantan Province. Through Government Regulation Number 23 of 2021, the government encourages regional governments according to their authority to protect forest cover in APL that do not yet have business permits to fulfill the carrying capacity and environmental capacity to reduce the rate of deforestation in non-state-owned forest areas.How to cite item: Redin, and Charis Kristotes Jordan. “Local Government Authority in Managing Non-State-Owned Forest Areas to Reduce Deforestation.†Jurnal Cakrawala Hukum. 14 no. 1 (2023): 36-45. DOI: 10.26905/idjch.v14i1.9101.]]>
<![CDATA[Local Wisdom as the Basis for Determination of Legislation Related to Public Order ]]>
<![CDATA[Abdul Madjid]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 14, No 2 (2023): August 2023 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v14i2.10843
<![CDATA[This paper reviews how the mechanism for absorbing local wisdom values in the formation of criminal sanctions in the process of forming regional regulations in districts, namely Ponorogo, Magetan, and Madiun Regencies, East Java Province. This research is empirical legal research using a juridical-sociological approach. Based on the results of the discussion, local wisdom in the studied districts, which is characterized by sociological studies as a Mataraman cultural character, does not exist in the formation of local regulations on public order. It can be seen that there are differences in the determination of criminal sanctions in regional regulations regarding public order. This is because there is still a need for more specific regulations governing the mechanism for forming regional regulations to accommodate the interests of local wisdom to be contained in norms as sanctions in regional regulations. Thus, in the future, it is necessary to develop national standard parameters for making regional regulations and design a linkage mechanism between these standard mechanisms and the legal values of local life that live in society, which can bridge the two domains.How to cite item: Madjid, Abdul. “Local Wisdom as the Basis for Determination of Legislation Related to Public Order.†Jurnal Cakrawala Hukum 14 no. 2 (2023): 114-125. DOI: 10.26905/idjch.v14i2.10843.]]>
<![CDATA[Model Countermeasures Children which Commit Crimes in Review Restorative Justice ]]>
<![CDATA[Arfan Kaimudin]]>;
<![CDATA[Hisbul Luthfi Ashsyarofi]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 14, No 2 (2023): August 2023 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v14i2.10783
<![CDATA[This study describes the model settlement of cases through non-penal channels for crimes committed by children according to Act 11 of 2012 concerning the Juvenile Criminal Justice System with prioritizing restorative justice so that children who commit crimes are not stigmatized negatively. The Juvenile Criminal Justice System concept has included solving problems in a family manner or for children in conflict with the law, formally known as diversion. Diversion exists to divert the settlement of child cases from the criminal justice process to processes outside criminal justice. Diversion exists to prevent children who conflict with the law from the negative impacts of the criminal justice process on children. United Nations Standard Minimum Rules for the Administration of Juvenile (The Beijing Rules) have provided guidelines to prevent children in conflict with the law from negative impacts, namely by giving law enforcers the authority to take action in handling or resolving the problems the child offenders by not taking courts, among others stopping or not continuing or releasing or returning or handing over to society and other forms of social service activities.How to cite item: Kaimuddin, Arfan, and Hisbul Luthfi Ashsyarofi. “Model Countermeasures Children Who Commit Crimes in Review Restorative Justice.†Jurnal Cakrawala Hukum 14 no. 2(2023): 134-145. DOI: 10.26905/v14i2.10783.]]>
<![CDATA[Theoretical Study of Employment Issues ]]>
<![CDATA[Ardiansyah Hamid]]>;
<![CDATA[Kadek Wiwik Indrayanti]]>;
<![CDATA[Diah Aju Wisnuwardhani]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 14, No 1 (2023): April 2023 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v14i1.9873
<![CDATA[The problem raised in this research is regulating workers' rights and their protection in the Law. This study uses normative legal research methods with several approaches, namely the statutory and conceptual approaches. The results of this study state that the rights of workers/laborers are essential to implement because if workers and laborers are not given rights that are by human rights, then the work carried out by workers will not be able to run correctly. Whereas the contents of the manpower articles in the Law still have several normative problems, namely not yet providing guarantees of legal certainty for guarantees for the protection of workers' rights, such as determining proper wages and eligibility for severance pay. Likewise, with the provisions regarding layoffs, the Law only accommodates the interests of employers so that it can have implications for unilateral termination of employment relations with workers. The philosophical concept of Law is still co-opted with the liberal economic spirit, which is the fundamental basis for the birth of the Law, resulting in most people's rejection of the Law.How to cite item: Hamid, Ardiansyah, Kadek Wiwik Indrayanti, and Diah Aju Wisnuwardhani. “The Issue of Labor Law Versus Human Rights.†Jurnal Cakrawala Hukum 14 no. 1 (2023): 96-105. DOI: 10.26905/idjch.v14i1.9873.]]>
<![CDATA[The Attorney's Authority in Conducting Wiretapping of The Corruption Crimes ]]>
<![CDATA[Romli Said Ali]]>;
<![CDATA[Muhamad Sadi Is]]>;
<![CDATA[Belmento Belmento]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 14, No 1 (2023): April 2023 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v14i1.9079
<![CDATA[The goal to be achieved in this paper is an analysis of efforts to prevent and eradicate criminal acts of corruption in the Attorney General's Office must have additional authority to carry out wiretapping because the Attorney's authority in wiretapping corruption in the Prosecutor's Law of the Republic of Indonesia has not yet been regulated. The problems that occur include the attorney's authority to tap acts of corruption regulated in another law, namely the Electronic Transaction Information Law. The method used is normative legal research. The result of the discussion is that the prosecutor's authority in wiretapping corruption in the future is to revise the Attorney General's Law of the Republic of Indonesia, which gives the prosecutor's authority in wiretapping corruption for the sake of the effectiveness and efficiency of the Attorney's performance, because the accuracy of wiretapping results can be accounted for, as well as optimizing the handling of corruption cases by the Attorney Great.How to cite item: Ali, Romli Said, Muhammad Sadi Is, and Belmento. “The Attorney's Authority in Conducting Wiretapping of The Corruption Crimes.†Jurnal Cakrawala Hukum. 14 no. 1 (2023): 54-62. DOI: 10.26905/idjch.v14i1.9079.]]>
