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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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PURIFIKASI KINERJA ADVOKAT MENGAKOMODASIKAN NILAI KEADILAN DALAM PENEGAKAN HUKUM Wika Yudha Shanty
Jurnal Cakrawala Hukum Vol 5, No 2 (2014): December 2014
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v5i2.702

Abstract

Purification was a process of purifying again. This process had a purpose to fix a condition to be better than before or to run well again. A purification process had to be done carefully and structurally, by giving a realization not through compulsion process. Purification was a system working automatically. It also happened to the purification of justice value. Every individual had a realization about the justice value idealism. Therefore through the realization or consciousness, thepurification of the justice value would be able to run well. On the contrary, if the Purification process was carried out without any realization or because of compulsion, it would not run well. A lawyer was a component of law enforcement in Indonesia having a duty and responsibility to uphold the law based on the justice in a society. Lawyers, in doing their professions, directly contacted with people. They should have been able to be a law upholder who held firmly the law principles and justice without considering social status, religion, ethnic group, and race. Purifikasi adalah sebuah proses pemurnian kembali. Proses ini tentunya bertujuan untuk memperbaiki suatu keadaan menjadi lebih baik dari sebelumnya atau berjalan dengan baik kembali. Suatu proses purifikasi haruslah dilakukan secara hati-hati dan terstruktur, dengan menanamkan kesadaran melalui hati nurani dan bukan melalui proses pemaksaan kehendak. Purifikasi merupakan sistem yang bekerja secara otomatis. begitu juga pada purifikasi nilai-nilai keadilan, setiap individu yang memiliki kesadaran di dalam hati nuraninya tentang idealisme nilai-nilai keadilan, maka melalui kesadarannya itulah purifikasi nilai-nilai keadilan akan berjalan dengan baik. Sebaliknya apabila proses purifikasi dijalankan tanpa adanya kesadaran dan berdasarkan pemaksaan kehendak belaka maka tidak akan berjalan dengan baik. Seorang advokat, adalah salah satu komponen penegak hukum di Indonesia mempunyai tugas dan tanggung jawab untuk menegakkan hukum yang sesuai dengan nilai-nilai keadilan dalam masyarakat. Advokat dalam menjalankan profesinya berhubungan langsung dengan warga masyarakat seharusnya dapat menjadi contoh sosok seorang penegak hukum yang berpegang teguh pada prinsip hukum dan keadilan tanpa memandang status sosial, agama, suku dan golongan.
ANALISIS TERHADAP KEBIJAKAN KRIMINAL DALAM PENANGGULANGAN TINDAK PIDANA EKONOMI INDONESIA Totok Sugiarto
Jurnal Cakrawala Hukum Vol 5, No 2 (2014): Desember 2014
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v5i2.745

Abstract

Crime was not always criminal. Crime was a criminal when the evil conduct had been decided as the criminal (hadbeen criminalized) by criminal law. It meant that the evil conduct could only get a punishment if (s) he was stated as the evil conduct by the criminal law. Although a crime had not been criminalized, it did not mean the action could not get a sanction. If it was considered as an evil and inflicted people, the actor had to get social sanction from the society. In Juridical way, civil law had also given a right to the party who was inflicted to claim compensation. Economy criminal act at First was an ethic violation. There were some authors that generalizing moral and ethic, as what was stated by Muhammad Said, ethic is identical with moral which is in Latinmos (plural form: mores) that also means custom or way of life. Thus, the two words (ethicand moral) showed how to something based on the tradition or custom because of the agreement to the practice of a group of people. K. Bertens gave the meaning of ethic, as the moral values and norms which became a guide for someone or a group of people in doing something. Thus, ethic here etymologically was the same as moral. However, there was a substance which was basically different. It said that ethic was a moral implication and as a part of action involved in moral value.Bahwasanya kejahatan tidak selalu merupakan tindak pidana. Kejahatan merupakantindak pidana ketika perilaku jahat (evil conduct) tersebut telah ditetapkan sebagaitindak pidana (telah dikriminalisasi) oleh suatu undang-undang pidana. Artinya,pelaku suatu kejahatan hanya dapat dijatuhi sanksi pidana apabila perilaku jahattersebut telah dinyatakan sebagai tindak pidana oleh undang-undang pidana.Meskipun suatu kejahatan belum dikriminalisasi, tidak berarti perbuatan tersebuttidak dapat dikenakan sanksi. Apabila perilaku itu dinilai sebagai perilaku yangjahat dan atau merugikan anggota masyarakat, maka pelakunya pasti memperolehsanksi sosial dari mayarakat. Secara yuridis, hukum perdata juga telah memberikanhak kepada pihak yang dirugikan untuk menuntut ganti rugi, bila perilaku jahat(kejahatan) tersebut merugikan orang lain.Tindak pidana ekonomi pada awalnya merupakan suatu bentuk pelanggaranterhadap etika. Ada beberapa penulis yang mengidentikkan atau menyamakan moral dengan etika, seperti yang dikemukakan oleh Muhammad Said, etika itu identikdengan kata moral dari bahasa latin mos (jamaknya mores) yang juga berartiadat istiadat atau cara hidup. Jadi, kedua kata tersebut (etika dan moral) menunjukkancara berbuatyang menjadi adat karena persetujuan untuk praktek sekelompok manusia. K. Bertens mengartikan etika, sebagai nilai-nilai dan norma-norma moralyang menjadi pegangan bagi seseorang atau suatu kelompok dalam mengatur tingkah lakunya. Oleh karena itu, etika disini secara etimologis disamakan denganmoral, namun ada substansi yang secara mendasar berbeda, yakni etika merupakanimplikasi moral dan sebagai suatu bagian perbuatan yang tercakup dalam nilai moral.
ANALISIS TERHADAP KEKUATAN BARGAINING POSITION PEMERINTAH INDONESIA DALAM KONTRAK KARYA P.T. FREEPORT INDONESIA Ali Imron
Jurnal Cakrawala Hukum Vol 18, No 2 (2013): December 2013
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v18i2.1115

Abstract

Along with the increase of good conviction of objective standard in doing agreement, if hardship happenedbecause of condition change, a contract had to be considered or observed again. The spirit of law no 4 year 2009was to return the authority of mineral and coal management under state domain. However, the principle ofSunt Servanda mine contract pact which had existed before should still have been respected, as long as it wasapplicable. Based on constitution, the Republic of Indonesia government must not have placed themselves inthe same level with a business entity in mining contract. A mandate which had to be done by government wasthat natural resource must have been used optimally for people prosperity. Freeport arrival in Papua sincebeginning was with the purpose or goal of business political expansion which was not fair. It came intoIndonesia with the facility from President Soeharto who was famous as the corruption and repressive government.In democratization and transparency era, work contract which was full of manipulation and which wasnot oriented on people prosperity, the existence was actually not proper to be defended. Thus, if now whathappened was only demand to negotiate the unreasonable working contract, it was a very natural or properthing. It also happened to international trade contract practice. After contract was dealt then the fact changedfundamentally, based on article 6.2.2 UPICCs, the result or consequence could be issued to reconsider therunning contract. The purpose of Reconsidering the content of working contract was to return the disturbedbalance. The problem of Freeport work contract was not only law and justice, but there was an interventioneffect of foreign strength and the interest conflict in Indonesian government administration itself. Thus, one ofimportant points which had to be done to improve the contract was by placing an agent of Indonesian governmentin Freeport management until the end of contract, exactly the agent was put in directors board to watchand monitor so there was no divergence anymore.
PENYALAHGUNAAN POSISI DOMINAN DALAM KEPEMILIKAN SAHAM SILANG Dewi Astutty Mochtar
Jurnal Cakrawala Hukum Vol 18, No 2 (2013): December 2013
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v18i2.1116

Abstract

Unfair competition could happen because of a dominant position of an entrepreneur or businessman who hadcertain goods or service. In this case, businessman could do price regulation, price discrimination, agreementor contract with hard requirements, area distribution etc included in forbidden activities. One of activitieswhich caused the abuse of dominant position was cross share owning. The reflection of this cross share owningwas by owning majority share in some same types of companies that ran same business in the same market. Itcould also be done by building some companies having same business and same market. This thing inflictedfinancial loss to the business which finally created injustice. There were cartel practices, centered domination,etc. It was needed to regulate clearer about majority share especially the limit. If it could not be put in regulationno 5 year 1999, regulation of implementation or realization could be made.
KEBERADAAN BANK TANAH DALAM PENGADAAN TANAH UNTUK PEMBANGUNAN Hairani Mochtar
Jurnal Cakrawala Hukum Vol 18, No 2 (2013): December 2013
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v18i2.1117

Abstract

Construction realization always needed land, and it made land became commodity which made the price of itwent up whereas in construction for public interest, land deliverance was slow even pending. One of thesolutions to gain land for construction was by applying land bank especially public land bank which hadfunctions as land collector, and land management medium in exploiting and using land to be more productiveby gaining or buying land before there was a need so the price of it was cheap. Land supply in constructionrealization which always had a problem that caused physical construction in all fields at a standstill or evenpending was caused by improper regulation and economy and politic change, from democracy economy toneoliberalism capitalism economy. It made commodity land which triggered land liberalism. And the price ofland went up was caused by land speculator. One way to overcome the complexity of land supply problem forconstruction was by implementing land bank which had a function as land collector, as land protector to savesupply and for land exploitation as planned layout which had been legalized.
PERLINDUNGAN INDIKASI GEOGRAFIS PADA PRODUK LOKAL DALAM SISTEM PERDAGANGAN INTERNASIONAL Hendra Djaja
Jurnal Cakrawala Hukum Vol 18, No 2 (2013): December 2013
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v18i2.1118

Abstract

The global concept of intellectual wealth right protection today did not only give protection toward product ofinnovation or technology invention, but also widen the substance on various products which were reallynatural resource so the exclusiveness attached in the product could also show the origin and the characteristicor special character. This kind of product was a commodity which had reputation with high economy valuelocally, nationally and even internationally. In free market era today, protection concept of HKI - TRIPs hadagreed or dealt to give law protection of geographical indication toward goods or processed product producedby society, as it was written in regulation No 15 year 2001 about trade mark and government regulation No 51year 2007 about geographical indication.
PEMBUKTIAN DALAM PERKARA PERCERAIAN DENGAN ALASAN PERSELISIHAN I Gusti Ngurah Adnyana
Jurnal Cakrawala Hukum Vol 18, No 2 (2013): Desember 2013
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v18i2.1119

Abstract

Civil Law was public law which was imperative so it tied everyone, especially in investigating witness incourt. It was determined that judge forbade to get witness from blood relative as the base to take decision.However it was not an absolute regulation. It meant that the rule of forbidding to investigate witness fromfamily side would not be in valid when a judge investigated witness in divorce case with continuous conflicts.Witness from family tended not too objective but a judge gave a priority on formal truth without testingmaterially. In fact in taking decision, a judge considered the regulation text more than the explanation fromwitness.
PENGANGKATAN SENTANA RAJEG DALAM PERSPEKTIF HUKUM PERKAWINAN ADAT BALI Ketut Meta
Jurnal Cakrawala Hukum Vol 18, No 2 (2013): December 2013
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v18i2.1120

Abstract

Adopting sentana rajeg was adopting their own daughter to change the status to be a son. It was because Balipeople followed patrilineal system, in which the descent line was from man line (father) called purusa line.The purpose of adopting sentana rajeg was to continue the next generation, so a family would not mix. So themain purpose was to continue the next generation, especially as the heirs of the person who adopted her.Besides, there was another reason, namely belief of society saying that only a son could deliver the parentsspirits to come into heaven. Sentana rajeg in her marriage, because she had changed the status to be a man, thehusband (the man) should change the status into a woman. In this case, the woman family would proposemarriage to the man family, and later he would be entered to the woman family. Their marriage was callednganyudin marriage, in which the man changed his status to be a woman, and the woman became a man. Thelaw implication from this marriage was the man, since the wedding, did not have a right on inheritance fromhis father, and he would be the heirs from his wifes family. Their marriage was legal if they had done ceremonycalled meperas ceremony, seen by tetua adat and kepala adat, and it had to be announced to all people in thevillage. Along with the legalized sentana rajeg marriage, the husband of sentana rajeg had changed to be thewife and he had entered the environment of sentana rajeg family. As the heirs, he continued to work the landof ayahan desa. Besides, he also had a right to do the duty as sentana rajeg. One of the important things wasto bury the dead body of the parents, including paying the ceremony of dead body burning, and had to keep thehonor of sentana rajeg family.
KEJAHATAN MONEY LAUNDERING DALAM PEMILUKADA (RE-ORIENTASI DAN RE-EVALUASI NILAI TERHADAP KEBIJAKAN PELAKSANAAN PEMILUKADA) M. Arief Amrullah
Jurnal Cakrawala Hukum Vol 18, No 2 (2013): Desember 2013
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v18i2.1121

Abstract

Money laundering was a sequel crime. It meant that it was a medium from any kinds of crimes included inorganized crime to blur the origin of wealth. The medium for the hiding process was through either bank or nonbank as what people always said so far. However, it could develop in financing Pemilukada as the first start.Next, if the candidate of the supported district head won, money laundering could be done in any kinds ofprojects. It was a crime. By evaluating the policy in Pemilukada implementation, it was hoped that it couldclose the chance for certain parties to exploit Pemilukada as one of the mediums or means for money laundering.Various efforts were done by making standards carried out by the global elites. Thus, the policy must havebeen brave to loose or even release the knots which were packed in standard form that so far had given potentialto money laundering. Finally, to reach the success in preventing and wiping out money laundering, as it waswritten in regulation no 8 year 2010, it had to be supported by other policies, including in this case the policyin Pemilukada management. Criminal law did not stand alone in the effort to prevent and wipe out moneylaundering.
PERANAN KOMISI PEMBERANTASAN KORUPSI (KPK) DALAM PEMBERANTASAN TINDAK PIDANA KORUPSI DI INDONESIA Totok Sugiarto
Jurnal Cakrawala Hukum Vol 18, No 2 (2013): December 2013
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v18i2.1123

Abstract

The increase of corruption now could not be categorized as common crime anymore but it had been an extraordinarycrime. The way to wipe it out could not be done commonly too. It also demanded an extraordinary way.Law enforcement to remove the corruption done conventionally so far had various obstacles. Thus, extraordinarymethod of law enforcement was needed by forming a special committee that had a wide and independentauthority and free from any power. The committee was KPK that was formed officially based on regulation No30 year 2002. The normative role and function of KPK was doing investigation and prosecution on the case ofcorruption involving apparatus of law upholder, state operator, and other people who dealt with corruptioncase and dealt with nation loss at least Rp1.000.000.000,- (one billion rupiah). Besides having several strongpoints, in the practice of removing corruption, KPK also had many challenges; some of them were the workingarea of KPK that was too wide, the problem of relationship inter institution of corruption removing, and KPKsocialization had not touched society.

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