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Galih Puji Mulyono, S.H., M.H.
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INDONESIA
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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The Principle of Good Faith in Settlement of Default Disputes Through Judicial Mediation Wika Yudha Shanty
Jurnal Cakrawala Hukum Vol 14, No 2 (2023): August 2023
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v14i2.10863

Abstract

Mediation based on good faith is one of the characteristics of the Indonesian nation to resolve disputes that occur, starting from the smallest scope, namely the family, to the large scope, such as in government and statehood. With the birth of the Supreme Court Regulation of the Republic of Indonesia Number 1 of 2016 concerning Mediation Procedures in Court. Focus on this article on the nature and implications of the principle of good faith in resolving default disputes due to the non-implementation of agreements through judicial mediation. So it is hoped that the mediation process can overcome the problem of case accumulation. If a dispute can be resolved through mediation, there is no need for further legal remedies such as appeals, cassation, and even judicial review, which leads to the Supreme Court, so there is a buildup of cases. In addition, the mediation process, which is a non-litigation process, is a faster settlement process and has low costs compared to the litigation process through trial.How to cite item: Shanty, Wika Yudha. “The Principle of Good Faith in Settlement of Default Disputes Through Judicial Mediation.” Jurnal Cakrawala Hukum 14 no. 2 (2023): 223-233. DOI: 10.26905/idjch.v14i2.10863. 
Notary's Obligation to Provide Legal Services Free of Charge Rosy Indrajaya
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.v14i1.8516

Abstract

The problem in this study is related to the parameter of the phrase unable to fulfill the Notary's obligations regulated in the Notary Office Law and the form of legal protection. So that the goal of this writing is to get legal protection for Notaries against the ambiguity of legal norms. This study uses normative legal research methods with several approaches, namely the statutory approach and the conceptual approach. The results of this study indicate that preventive legal protection can be provided through laws and regulations that explain the criteria/standards for underprivileged people, namely: livelihood, salary or wages, those who are only able to meet basic needs that are decent but unable to pay contributions for themselves and his family. The repressive legal protection that can be given to a Notary, in this case, is if the Notary is not sure about the financial condition of the apparel so that he cannot provide legal services in the notary field for free, then another form of providing legal services is in the form of a reduction in honorarium or notary fees. in making a deed, the amount of the notary's honorarium has been determined by the provisions of the law.How to cite item: Indrajaya, Rosy, “Notary's Obligation to Provide Legal Services Free of Charge.” Jurnal Cakrawala Hukum14 no. 1 (2023): 106-114. DOI: 10.26905/idjch.v14i1.8516.
Normative Problems Guaranteeing the Rights of Labor Fishermen in the Job Creation Law Dhaniar Eka Budiastanti; Galih Puji Mulyono; Dewi Ayu Rahayu; Bintang Ulya Kharisma; Selvi Andriani
Jurnal Cakrawala Hukum Vol 14, No 2 (2023): August 2023
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v14i2.10864

Abstract

The substance of the Job Creation Act in Indonesia covers all areas of law. This paper only examines the elements of labor law, especially those related to guaranteeing legal rights for labor fishermen in Indonesia. This research is based on legal problems where the legal relationship between fishermen and labor fishermen is from the point of view of the Job Creation Act, so the ultimate goal of this research is to explain the guarantee of labor fishermen's rights. The approach used in this research is normative juridical by collecting data collection tools in the form of normative literacy studies related to these problems. The working relationship between owner and labor fishermen is legal because all these jobs contain elements of an employment relationship. The type of work agreement made between owner fishermen and labor fishermen is a verbal agreement. The legal consequence is that the rights of labor fishermen after the termination of employment are not granted due to the low position of labor fishermen. All workers, especially labor fishermen, should accept the rights in the Job Creation Law.How to cite item: Budiastanti, Dhaniar Eka, Galih Puji Mulyono, Dewi Ayu Rahayu, Bintang Ulya Kharisma, and Selvi Andriani. “Normative Problems Guaranteeing the Rights of Labor Fishermen in the Job Creation Law.” Jurnal Cakrawala Hukum 14 no. 2 (2023): 167-176. DOI: doi.org/10.26905/idjch.v14i2.10864.
Imposition of Criminal Sanctions for Narcotics Abuse Below the Minimum Limit Jennifer Maiyola Situmorang; Hatarto Pakpahan
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.v14i1.10048

Abstract

This study aims to examine the legal process of narcotics abuse in Indonesia. The impact of excessive use of narcotics results in central nervous, psychological/psychic damage, and the most fatal is death. The problem in this study examines the development of the narcotics abuse trial process in Indonesia so that it can suppress many cases of narcotics abuse. Cases of drug abuse are often found with sentences below the minimum limit. This study uses normative legal research methods with several approaches, namely the statutory approach and the conceptual approach. Based on the results of these data, this study shows that judges are contrary to the Narcotics Law with an objective minimum standard for violations that endanger society and the state. The judge who examines and adjudicates the case has misapplied the law because he has imposed a sentence with the threat of certain minimum sanctions as stipulated in the laws and regulations. This creates uncertainty in law enforcement which is regulated in the law as it should.How to cite item: Situmorang, Jenifer Maiyola, and Hatarto Pakpahan. “Imposition of Criminal Sanctions for Narcotics Abuse Below the Minimum Limit.” Jurnal Cakrawala Hukum. 14 no. 1 (2023): 21-27. DOI: 10.26905/idjch.v14i1.10048.
Prevention of Terrorism with a Regulatory Model of Violent-Based Extremism that Leads to Terrorism Agung Mafazi; Hery Lilik Sudarmanto; Satriyani Cahyo Widayati; Fauziah Hanum
Jurnal Cakrawala Hukum Vol 14, No 2 (2023): August 2023
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v14i2.10814

Abstract

Among the reasons behind the occurrence of criminal acts of terrorism is the existence of radical terrorism, which can then develop into violent-based extremism that ends in terrorism. Understanding beyond the limits of normal based on the justification of acts of violence or threats of violence to support the occurrence of criminal acts of terrorism is referred to as acts of violence-based extremism that lead to terrorism. This is under the definition of violence-based extremism that leads to terrorism in article 1 point 2 of the Presidential Regulation of the Republic of Indonesia Number 7 of 2021 concerning the National Action Plan for the Prevention and Mitigation of Violent-Based Extremism Leading to Terrorism 2020-2024, which states that “Violent-Based Extremism Leading to Terrorism are beliefs or actions that use violence or threats of extreme violence intending to support or commit acts of terrorism. The beliefs or actions of these people or groups of people then receive the attention of the State so that efforts can be made to prevent the development of beliefs or actions aimed at supporting terrorism into crimes that can threaten the stability of state security, namely terrorism.How to cite item: Mafazi, Agung, Hery Lilik Sudarmanto, Satriyani Cahyo Widayati, and Fauziah Hanum. “Prevention of Terrorism with a Regulatory Model of Violent-Based Extremism that Leads to Terrorism.” Jurnal Cakrawala Hukum 14 no. 2 (2023): 126-133. DOI: doi.org/10.26905/idjch.v14i2.10814.
Legal Problems Related to Mineral and Coal Mining Permits Abdillah Dalimunte; Mohammad Ghufron AZ; Supriyadi Supriyadi
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.v14i1.9872

Abstract

The issues that will be discussed in this research include what are the legal implications of transferring the authority to issue mining permits after the latest publication and what are the regulations regarding mining permits after mining permits are issued. The purpose of this study is to provide a review of legal changes related to the Mineral and Coal Mining Law. This study uses normative legal research methods with several approaches, namely the statutory approach and the conceptual approach. As a result of the transfer of the issuance of mining permits to the central government, it appears that this is aimed at unraveling licensing issues which will later facilitate the investment climate in Indonesia so as to increase Indonesia's economic growth. The impact that occurs is the authority owned by the local government where currently the local government does not have attributive authority in terms of issuing mining permits. Harmonization of Mining Business Permit arrangements means seeking conformity or harmony between laws and regulations so that overlapping regulations do not occur and as a process of establishing laws and regulations to address conflicting matters among the legal norms that have been in effect.How to cite item: Dalimunte, Abdillah, Mohammad Gufron AZ, Supriyadi, “Legal Problems Related to Mineral and Coal Mining Permits.” Jurnal Cakrawala Hukum 14 no. 1 (2023): 76-85. DOI: 10.26905/idjch.v14i1.9872.
Ease of Access to Proof of Land Ownership as a Principle of Information Disclosure Khotbatul Laila
Jurnal Cakrawala Hukum Vol 14, No 2 (2023): August 2023
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v14i2.10910

Abstract

Ease of access to excerpts of the letter C land book as proof of ownership of land rights by the village government in the framework of public information disclosure is urgently needed at this time in order to reduce legal conflicts over land disputes. The research method uses empirical legal research with a sociological juridical approach. The results of the research show that the village government is guided by the provisions of the applicable laws and regulations. The village government publishes a description of the history of the land based on the letter C book in the village to be given to the applicant provided that the applicant is a party that has a legal relationship with the object for which letter C is requested. Obstacles faced by the village government in providing easy access to excerpts from letter C as proof of ownership of land rights in order to realize public information disclosure and an alternative solution, namely the disorganization of village administration, especially in the village letter C book.How to cite item: Laila, Khotbatul. “Ease of Access to Proof of Land Ownership as a Principle of Information Disclosure.” Jurnal Cakrawala Hukum 14 no. 2 (2023): 177-188. DOI: doi.org/10.26905/idjch.v14i2.10910.
Protection of Heirs Against Absentee Land Ownership Retno Sariwati; Selvia Wisuda
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.v14i1.10006

Abstract

Land ownership is often non-existent in communities. Ownership through the process of inheritance, where the heirs live outside the district area where the object of inheritance is located. For example, a person living in a city inherits from his parents a farm in the village; this automatically made the heirs the absentee landowners. This study aims to provide legal protection for absentee land ownership obtained from the inheritance process. This study uses normative legal research methods with several approaches, namely the statutory approach and the conceptual approach. Legal protection for heirs of owners of land rights that do not exist in positive law. If the heirs do not exploit or utilize land that does not exist as mandated by law adequately, then there is no legal protection for the heirs. The prohibition of absentee land does not apply to persons or legal entities residing outside the sub-district which borders the location of agricultural land and allows agricultural land owners to cultivate or cultivate it efficiently.How to cite item: Sariwati, Retno, and Selvia Wisuda. “Protection of Heirs Against Absentee Land Ownership.” Jurnal Cakrawala Hukum. 14 no. 1 (2023): 46-53. DOI: 10.26905/idjch.v14i1.10006.
Legal Review of Clauses in Fire Insurance Policies Mas Rara Tri Retno Herryani
Jurnal Cakrawala Hukum Vol 14, No 2 (2023): August 2023
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v14i2.10815

Abstract

Insurance is an important thing to have if there is a risk of something detrimental happening. Insurance is regulated in laws and regulations. In addition, setting fire insurance policies based on applicable legal norms will create legal certainty for the parties involved in the insurance agreement. Normative legal research which is often also called doctrinal legal research focuses on activities carried out by examining literature and secondary data in the form of primary and secondary legal materials. The insurance policy contains the terms contained in the insurance agreement. This policy can be considered the same as a clause in a civil agreement. A cause is said to be contrary to the law if the contents of the cause in the relevant agreement are contrary to the law if the contents of the cause in the relevant agreement are contrary to the applicable law. Determining whether the cause of an agreement is contrary to decency (geode seen) is not an easy matter because the term deficiency is very abstract, the contents of which can vary between one region and another or between one community group and another. In addition, people's evaluation of disability can also change according to the times.How to cite item: Herryani, Mas Rara Tri Retno. “Clauses in the Fire Insurance Policy that are by with Legislation in Indonesia s.” Jurnal Cakrawala Hukum 14 no. 2 (2023): 189-199. DOI: 10.26905/idjch.v14i2.10815.

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