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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 295 Documents
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The Constitutionally-Bounded Legal Pluralism: Reconciling Inheritance Law and Women's Rights in Indonesia Jinoto, Devin Irwan
Jurnal Cakrawala Hukum Vol. 16 No. 3 (2025): December 2025 (on progress)
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v16i3.15359

Abstract

Indonesia's pluralistic legal order sustains a structural contradiction between positive inheritance law and customary (adat) traditions that systematically denies women their constitutionally guaranteed equal inheritance rights. Although the KUHPerdata establishes bilateral succession irrespective of sex, and the Kompilasi Hukum Islam provides enforceable inheritance entitlements for Muslim women, patrilineal customary systems operative among the Batak Toba, Sahu Tribe, Dayak, and Balinese Hindu communities exclude women from inheriting productive assets, particularly land, in direct contravention of Articles 27(1), 28D(1), and 28H(2) of the UUD 1945. Employing a normative legal research methodology through statutory, conceptual, and comparative approaches, this study analyzes primary legal materials including the UUD 1945, KUHPerdata, KHI, and Supreme Court jurisprudence, alongside secondary academic literature. The findings establish that the contradiction constitutes a failure of constitutional enforcement rather than a legitimate exercise of legal pluralism: Article 18B(2)'s recognition of customary rights is conditioned on non-contradiction with national law, a condition that gender-discriminatory inheritance norms demonstrably fail to satisfy. Reconciliation requires a five-pillar framework: legislative affirmation of constitutional supremacy over incompatible customary norms; binding Supreme Court jurisprudential guidance; constitutionally-bounded legal pluralism through institutionalized customary governance bodies; community legal education and women's empowerment; and a comprehensive national inheritance statute establishing a universal gender-equality floor across all inheritance systems.
Action on Administrative Violations of General Elections by the General Elections Supervisory Body Antari, Putu Eva Ditayani; Abhiseka, I Gede Druvananda; Robenson, Michael Kennedy; Yuliantari, I Gusti Ayu Eviani
Jurnal Cakrawala Hukum Vol. 16 No. 2 (2025): August 2025 (on progress)
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v16i2.15369

Abstract

Administrative and criminal violations frequently occur during general elections, despite the presence of institutions mandated to prevent and address such misconduct. These violations are not limited to election day but often arise earlier, particularly during the campaign period. The range of electoral offenses is broad, encompassing both criminal and administrative infractions. This study aims to analyze how the Election Supervisory Body responds to administrative violations in the electoral process. Using normative legal research, the study explores the regulatory framework governing these violations as outlined in Law Number 7 of 2017 on Elections. It also examines the procedures employed by the Election Supervisory Body in handling administrative violations, including those categorized as structured, systematic, and massive (TSM), in accordance with existing legal provisions. These mechanisms are designed to ensure that all administrative violations are addressed fairly and in line with applicable laws. Effective enforcement of these procedures supports the realization of transparent, impartial, and democratic elections.
Law, Silence, and Digital Recourse: Addressing Bullying and Body Shaming in Indonesian Higher Education Marzuki, Ismail; Moh. Zainuddin Sunarto
Jurnal Cakrawala Hukum Vol. 16 No. 2 (2025): August 2025 (on progress)
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v16i2.15371

Abstract

Bullying and body shaming in Indonesian higher education persist not because the law is absent, but because it remains systematically inaccessible to those who suffer its violations. Existing legal instruments including Articles 310, 315, and 351 of the Criminal Code, Article 27A of the ITE Law, and Ministerial Regulation No. 55 of 2024 provide a formally adequate normative framework, yet their enforcement is consistently undermined by institutional silence, hierarchical campus culture, and the absence of trusted reporting mechanisms. This study examines the effectiveness of that legal framework and evaluates the capacity of an electronic complaint system to function as a legally grounded instrument for institutional response to bullying and body shaming in the campus environment. Employing a socio-legal research design that integrates direct observation, in-depth interviews, focus group discussions, and systematic legal analysis, the study was conducted at the Faculty of Social Sciences and Humanities, Universitas Nurul Jadid, in August 2024. The findings demonstrate that the e-complaint system measurably reduces the structural barriers to victim reporting by providing anonymity, real-time complaint tracking, and digitally admissible evidentiary records. However, its full legal potential is contingent upon compliance with the Personal Data Protection Law, institutional embedding within Regulation No. 55/2024's Satgas framework, and sustained commitment to anti-retaliation enforcement. Law and technology, this study concludes, are most effective not as alternatives but as mutually reinforcing instruments of institutional accountability.
Mining Business Licenses for Universities: Legal Barriers Under Indonesian Positive Law Kurdi; Ibnu Mazjah, R. Muhamad
Jurnal Cakrawala Hukum Vol. 16 No. 2 (2025): August 2025 (on progress)
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v16i2.15462

Abstract

This article examines the legal compatibility of granting Mining Business Licenses (Izin Usaha Pertambangan, IUP) directly to universities under Indonesian positive law. Using a normative juridical method with statute and conceptual approaches, the article analyses four intersecting regulatory regimes: the Mineral and Coal Mining Law, the Higher Education Law, the State Finance Law, and the Environmental Protection and Management Law. The study finds that universities are not a permissible legal subject to hold IUP under the current mining regime, a position explicitly confirmed by the 2025 amendment to the Mineral and Coal Mining Law, which removed universities from priority access to mining permits. Beyond this statutory exclusion, the proposed policy generates structural incompatibilities with higher-education law, which mandates a non-profit academic mission protected by academic freedom and institutional autonomy; with state finance law, which imposes strict public accountability obligations on university budgets; and with environmental law, which assigns full strict liability for mining damage to the licence holder. The cumulative effect is a normative configuration that Indonesian positive law does not accommodate. The article recommends that university involvement in the mining sector be channelled exclusively through research partnerships, capacity-building agreements, and consultancy arrangements that preserve academic independence and respect the Tri Dharma mandate.
Digitalization of Public Services and Smart Governance: Normative Gaps and Legal Opportunities in Central Aceh Rahayu Fitri, Rizki; Addy Lestya Wardhani, Lita Tyesta; Wesnaeni, Fifiana
Jurnal Cakrawala Hukum Vol. 16 No. 2 (2025): August 2025 (on progress)
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v16i2.15535

Abstract

Indonesia's regional autonomy framework places the primary burden of public service delivery on district-level governments, yet the legal architecture governing digital transformation at this level remains structurally deficient. This study examines the juridical dimensions of public service digitalization in Central Aceh Regency, specifically analyzing the normative gaps, institutional barriers, and legal opportunities that shape its trajectory toward smart governance. Employing a normative juridical approach with statute, conceptual, and comparative analytical methods, the study finds that digitalization in Central Aceh is largely symbolic rather than substantive. Presidential Regulation No. 95 of 2018 on SPBE lacks enforcement mechanisms capable of compelling genuine compliance at the district level, while Law No. 25 of 2009 on Public Services contains no affirmative digital service mandate. The absence of a Qanun on Digital Services an instrument legally available under Aceh's special autonomy framework has created a critical normative vacuum that allows institutional fragmentation, low ASN digital literacy, and authority-oriented bureaucratic culture to persist unchallenged. Juridical opportunities exist through Qanun legislation under Article 235(1) of Law No. 11 of 2006, the proactive disclosure obligations of Law No. 14 of 2008 on Public Information Disclosure, and regional autonomy provisions enabling locally adaptive governance models. Genuine bureaucratic repositioning toward smart governance requires enforceable legal instruments, not merely digital infrastructure.
Legal Liability of Marketplace Platform Operators for Product Description Violations Under Indonesian Consumer Protection Law Afifah, Afifah Nuranti Putri; Rahmatiar, Yuniar; Abas, Muhammad; Sanjaya, Suyono
Jurnal Cakrawala Hukum Vol. 16 No. 2 (2025): August 2025 (on progress)
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v16i2.15604

Abstract

This study examines the legal liability of Shopee as a marketplace platform operator under Regulation of the Minister of Trade Number 31 of 2023, and evaluates the extent to which Law Number 8 of 1999 on Consumer Protection (UUPK) delivers genuine legal certainty for consumers harmed by product description violations. A normative juridical method is employed, combining statutory, conceptual, and case approaches. The study finds that Shopee's liability mechanism under Article 30 of Permendag No. 31 of 2023 is structurally incomplete: enforcement depends solely on opaque algorithmic moderation without independent oversight, and the Regulation imposes no direct liability on the platform for harm its system failed to prevent. As a PPMSE controlling fees, escrow, and dispute resolution, Shopee qualifies as a business actor under Article 1(3) of the UUPK and cannot claim immunity as a neutral intermediary. Legal certainty remains formally guaranteed but practically unrealised: Shopee's unboxing video requirement violates Article 22's reversed burden of proof and Article 18's prohibition on unfair standard clauses, while BPSK is structurally inaccessible to ordinary online consumers. The study recommends extending the reversed burden of proof to civil dispute proceedings, prohibiting platform-imposed evidentiary barriers, and mandating transparent reporting on internal dispute resolution outcomes.
Consumer Protection in Electronic Transactions: Normative Gaps and Legislative Reform in Indonesian Digital Commerce Law Amirullah; Bhakti, Rizki Tri Anugrah; Maileni, Dwi Afni; Riyanto, Agus
Jurnal Cakrawala Hukum Vol. 16 No. 2 (2025): August 2025 (on progress)
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v16i2.15646

Abstract

donesia's digital economy has expanded at a pace that fundamentally outstrips the adaptive capacity of its consumer protection legal framework. This study examines the normative adequacy of Indonesia's legislative architecture governing consumer protection in electronic transactions, with particular attention to the structural gaps produced by the interaction of Law Number 8 of 1999 concerning Consumer Protection (UUPK), Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) as amended by Law Number 1 of 2024, Government Regulation Number 80 of 2019 concerning Trade through Electronic Systems, and the newly enacted Law Number 27 of 2022 concerning Personal Data Protection (UU PDP). Employing a normative juridical method with statutory, conceptual, and comparative approaches, this study identifies three critical normative gaps: the definitional inadequacy of pelaku usaha under the UUPK, which fails to encompass digital marketplace platform operators; the absence of pre-contractual transparency obligations governing algorithmic standard form contracts; and the structural incompatibility of existing dispute resolution mechanisms with the tripartite architecture of digital marketplace commerce. Comparative analysis of the European Union's Digital Services Act and China's E-Commerce Law of 2018 furnishes doctrinal reference points for reform. This study concludes that effective consumer protection in Indonesian digital transactions requires targeted amendments to the UUPK, structural integration of UU PDP into the consumer protection framework, and the establishment of a dedicated Online Dispute Resolution mechanism accessible to consumers without legal representation.
LEGAL ANALYSIS OF THE SETTLEMENT OF RIGHTS (DEFAULT IN THE PROVISION OF ANNUAL BONUSES) Siti Rahayu; Abas, Muhamad; Rahmatiar, Yuniar
Jurnal Cakrawala Hukum Vol. 16 No. 3 (2025): December 2025 (on progress)
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v16i3.15665

Abstract

Giving bonuses is a form of appreciation that is commonly used by companies to appreciate the performance of workers who are considered satisfactory. However, the implementation of the bonus is still highly dependent on the content of the employment agreement. This article discusses the legal settlement process in the case between PT. Mitsubishi Motors Krama Yudha Indonesia and one of its workers, Ramza Aziz, related to alleged defaults in the provision of annual bonuses. This case was heard at PHI with case number: 15/Pdt.Sus-PHI/2024/PN.Bdg. This study uses a qualitative method with a normative juridical approach, which is an approach that focuses on the study of literature and legal materials as a basis for analyzing legal conflicts related to default in the provision of bonuses between workers and companies. The results of the study show two main findings: (1) In accordance with the principle of industrial relations dispute resolution according to Law Number 2 of 2004, every dispute must first be resolved through a bipartite negotiation mechanism as a mandatory first step before using other means, (2) In this case, the Panel of Judges considered two important aspects, namely the facts of the events that occurred and the legal basis. Based on the judge's assessment, the document in the form of the Office Memorandum for the Fiscal Year 2022 which regulates the policy of providing bonuses to employees is considered to be contrary to the provisions of Article 6 of Law Number 13 of 2003 concerning Manpower. The judge found that there was discriminatory treatment in the application of the policy, so that in his ruling, the Plaintiff's lawsuit was granted in its entirety. The Defendant was also ordered to pay the Plaintiff Fiscal Year 2022 Bonus in the amount of IDR 273,916,126 (two hundred and seventy-three million nine hundred and sixteen thousand one hundred and twenty-six rupiah)
Advocacy-Based Consumer Protection for Online Game Account Sabotage Victims: A Positive Law and Maqashid Sharia Perspective Wahyu; Supriyadi, Aditya Prastian; Fakhruddin; Miftahul Huda
Jurnal Cakrawala Hukum Vol. 16 No. 3 (2025): December 2025 (on progress)
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v16i3.15844

Abstract

The proliferation of digital commerce in Indonesia has generated new forms of consumer vulnerability, most notably the deliberate sabotage of online game accounts following completed transactions a phenomenon that inflicts both material and psychological harm upon consumers yet remains institutionally unaddressed. This study examines advocacy-based consumer protection for victims of online game account sabotage in Malang City, analyzed through the dual normative lenses of positive law and Maqashid Sharia. Employing an empirical legal research design with a socio-legal approach, the study draws on in-depth interviews with the Consumer Protection Technical Implementation Unit (UPT) of Malang City and five victim-informants, supplemented by normative analysis of applicable statutory instruments. The findings reveal that while Law Number 8 of 1999 concerning Consumer Protection and Law Number 1 of 2024 concerning Electronic Information and Transactions provide a sufficient normative basis for institutional advocacy, the UPT has not operationalized this mandate in digital consumer disputes. From the Maqashid Sharia perspective, account sabotage constitutes a simultaneous violation of hifz al-mal, hifz al-nafs, and hifz al-'aql, rendering institutional advocacy a legal and moral imperative. This study proposes a five-stage advocacy model and recommends the establishment of a dedicated digital consumer division within the UPT, supported by targeted regulatory reform governing virtual digital asset transactions.
Zoning Policy, Indirect Discrimination, and the Constitutional Right to Quality Education in Pangkalpinang City Ali, Zaini; Yandi
Jurnal Cakrawala Hukum Vol. 16 No. 2 (2025): August 2025 (on progress)
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v16i2.15856

Abstract

The PPDB zoning policy, regulated through Permendikbud No. 1 of 2021, was designed to democratize access to public education by replacing merit-based competition with geographic proximity as the primary admission criterion. This study critically examines whether the policy fulfills the constitutional right to quality education guaranteed by Article 31 of the 1945 Constitution and Article 12(1)(b) of Law No. 39 of 1999 on Human Rights, with particular reference to its implementation in Pangkalpinang City. Employing a normative-empirical legal research design that integrates a statute approach, conceptual approach, and socio-juridical field investigation, this study analyzes the constitutional adequacy of the zoning framework and its operational reality. The findings reveal that the policy's exclusive reliance on domicile proximity, in a context of structurally unequal school quality distribution, generates indirect discrimination incompatible with the principle of substantive justice. In Pangkalpinang City, implementation is further compromised by systematic domicile manipulation, digital discrimination in online registration, inter-zonal infrastructure inequality, inadequate public socialization, and the complete absence of adaptive regional regulations. Evaluated against the UNESCO 4A framework, the policy fails the dimensions of accessibility, acceptability, and adaptability. This study concludes that fundamental policy reformulation premised on school quality equalization, affirmative provisions for vulnerable groups, and locally adaptive regulation is constitutionally necessary.

Page 29 of 30 | Total Record : 295

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