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
320 Documents
<![CDATA[Evaluating the Effectiveness of Traffic Sign Violation Law Enforcement in Indonesia: A Normative Analysis ]]>
<![CDATA[Tarmizi Rambe, Zulpan]]>;
<![CDATA[Hutasoit, Ispandir]]>;
<![CDATA[Anugrah Bhakti, Rizki Tri]]>;
<![CDATA[Afni Maileni, Dwi]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol. 16 No. 3 (2025): December 2025 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v16i3.16120
<![CDATA[Traffic sign violations remain a critical and unresolved public safety challenge in Indonesia, contributing to tens of thousands of fatalities annually and generating economic losses exceeding hundreds of trillions of rupiah. Despite the existence of a comprehensive regulatory framework anchored in Law Number 22 of 2009 on Road Traffic and Transportation and operationalized through the Electronic Traffic Law Enforcement (ETLE) system, enforcement outcomes remain structurally inadequate and behaviorally ineffective. This research employs a normative juridical method utilizing a statute approach and a conceptual approach to conduct a comprehensive evaluation of the law enforcement framework governing traffic sign violations in Indonesia. Applying Soerjono Soekanto's tripartite model of legal effectiveness encompassing legal structure, legal substance, and legal culture the analysis identifies systemic misalignments across all three dimensions: infrastructural undercoverage and inter-agency fragmentation at the structural level; disproportionately low sanctions and evidentiary inadequacy at the substantive level; and rational non-compliance rooted in low enforcement certainty at the cultural level. This research introduces the concept of the integrated enforcement matrix as its primary normative contribution, proposing simultaneous and coordinated reforms across institutional infrastructure, sanction architecture, and legal culture development as the only credible pathway toward closing Indonesia's persistent traffic enforcement gap.]]>
<![CDATA[Environmental Protection or Disguised Protectionism? Reassessing the Necessity Test in Brazil–Retreaded Tyres ]]>
<![CDATA[Sutrisno, Andri]]>;
<![CDATA[Priyono, FX. Joko]]>;
<![CDATA[Trihastuti, Nanik]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol. 16 No. 3 (2025): December 2025 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v16i3.16156
<![CDATA[This article examines the interpretation and application of the necessary criterion under Article XX(b) of the General Agreement on Tariffs and Trade (GATT) 1994 through critical doctrinal analysis of the WTO dispute Brazil–Measures Affecting Imports of Retreaded Tyres (WT/DS332). Employing normative legal research with a case-analytical and comparative approach, the article evaluates Brazil's 2007 import ban on retreaded tyres against the tripartite necessity framework legitimate objective, rational contribution, and the absence of reasonably available less trade-restrictive alternatives and critically interrogates the Appellate Body's application of the chapeau's non-discrimination requirements. The analysis finds that while Brazil's measure provisionally satisfied the Article XX(b) necessity criteria on the merits of its public health and environmental justification, the Appellate Body's chapeau ruling deployed a formalist methodology that conflated discrimination rooted in protectionist intent with discrimination arising from pre-existing regional treaty obligations and domestic judicial intervention beyond governmental control. This article argues that this interpretive approach imposes structurally unrealisable demands upon developing country regulatory actors and produces normatively unjustifiable outcomes. The article advances an original analytical framework for contextually differentiated interpretation of the chapeau, grounded in the Vienna Convention's object-and-purpose mandate, that distinguishes between bad-faith protectionism and institutionally constrained regulatory inconsistency.]]>
<![CDATA[Legal Protection for Victims of Personal Data Misuse by BPJS Kesehatan Under Law Number 27 of 2022 ]]>
<![CDATA[Putri, Aprialita Ghaisani]]>;
<![CDATA[Asri, Dyah Permata Budi]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol. 16 No. 3 (2025): December 2025 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v16i3.16492
<![CDATA[The proliferation of digital data processing in Indonesia's public sector has exposed a critical governance gap between institutional data collection practices and the legal protection afforded to citizens whose personal information is compulsorily surrendered to state-mandated bodies. This study examines the legal protection available to victims of personal data misuse by Badan Penyelenggara Jaminan Sosial (BPJS) Kesehatan and evaluates the adequacy of Indonesia's personal data oversight mechanisms, with particular reference to the 2021 data breach involving approximately 279 million participant records. Employing a normative juridical method through statute and conceptual approaches, this study applies the Legal Protection Theory of Philipus M. Hadjon — distinguishing preventive and repressive dimensions — alongside John Rawls' Theory of Justice as Fairness as its analytical framework. The analysis demonstrates that while Law Number 27 of 2022 on Personal Data Protection establishes a formally comprehensive normative regime, both preventive and repressive legal protections remain substantively deficient due to inadequate institutional data governance, the structural dependence of the supervisory body on the executive branch, and the absence of accessible victim redress mechanisms. Justice as fairness demands that oversight guarantees be equally accessible to the most vulnerable participants. Two reforms are urgently required: the establishment of a structurally independent supervisory commission and the issuance of sector-specific data governance standards for public social security institutions.]]>
<![CDATA[Community-Based Legal Model for Narcotics Prevention: Protecting Children's Best Interests in Indonesia ]]>
<![CDATA[Kaimudin, Arfan]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol. 16 No. 3 (2025): December 2025 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v16i3.16934
<![CDATA[The escalating prevalence of narcotics abuse among children in Indonesia exposes a fundamental legal protection deficit: the structural disjunction between the enforcement-centered orientation of Law Number 35 of 2009 on Narcotics and the protective obligations imposed by Law Number 35 of 2014 on Child Protection and the Convention on the Rights of the Child. Existing legal responses remain predominantly reactive, engaging children only after narcotics exposure has occurred, while the proactive normative architecture necessary for genuine prevention remains underdeveloped. This research employs a normative juridical methodology with statute and comparative approaches to address two questions: how should a community-based approach be legally positioned as a model for narcotics prevention among children under Indonesian positive law, and what is its ideal normative form in accordance with the best interests of the child principle. The analysis demonstrates that the community-based approach constitutes a constitutionally mandated preventive legal model, grounded in Article 104 of the Narcotics Law, Article 59(2)(e) of the Child Protection Law, and Article 28B(2) of the 1945 Constitution. Its ideal normative form integrates seven components: structured community participation, legal education and awareness, family resilience programs, child-friendly environmental infrastructure, cross-sector institutional collaboration, program sustainability and accountability, and restorative justice as the primary remedial response. Legislative reform is recommended to operationalize this model as a binding and durable legal framework for child protection.]]>
<![CDATA[Tension Between Digital Legality Principle and Humanistic Punishment in Indonesian Criminal Code ]]>
<![CDATA[Mulyono, Galih Puji]]>;
<![CDATA[Nawawi Arief, Barda]]>;
<![CDATA[Rozah, Umi]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol. 16 No. 3 (2025): December 2025 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v16i3.16936
<![CDATA[The Indonesian National Criminal Code (Law No. 1 of 2023) introduces two fundamental changes to Indonesian criminal law: the expansion of the legality principle from a purely formal dimension to a material one by recognizing living law within society (Article 2), and the formulation of humanistic sentencing purposes that place human dignity as the ethical boundary of punishment (Articles 51–52). This article examines the tension between these two pillars in the context of digital crimes including personal data misuse, doxing, deepfake exploitation, and online gender-based violence which inherently evolve faster than legislative responses. Employing a normative legal research method with statutory, conceptual, and limited comparative approaches, this study finds that the expansion of the material legality principle does not automatically address cross-border and highly technical digital crimes, while the strict prohibition of analogy risks rendering criminal law unable to keep pace with emerging cyber-criminal modalities. To resolve this tension, this article proposes the concept of "humanistic digital legality principle," which rests on three dimensions: the protection of human dignity as a guiding principle for teleological-protective interpretation, technology-neutral norm drafting that meets the standard of foreseeability, and the integration of the National Criminal Code's value framework with special legislation on digital crimes.]]>
<![CDATA[The Urgency of Legal Protection for Victims of Cyberbullying in Indonesia ]]>
<![CDATA[Sitihastuti, Sholikah]]>;
<![CDATA[Solikhah, Solikhah]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol. 15 No. 1 (2024): April 2024 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v15i1.12025
<![CDATA[The study aims to analyze the urgency of legal protection for victims of cyberbullying in Indonesia. The method used is normative law based on legal materials (library based), including primary and secondary legal materials that produce information in the form of notes and descriptive data contained in the text under study. The author uses a qualitative approach based on the initial step taken by collecting the necessary data, then classifying and describing. Basedon the research conducted, it can be concluded that the regulations in place are still not providing adequate legal protection for victims of cyberbullying. Although the crime of cyberbullying is regulated in the Criminal Code and the Information and Electronic Transactions Law, the regulation is more focused on taking action against the perpetrators. Therefore, it is necessary to expand and improve the legislation to provide a stronger guarantee of legal protection for victims of cyberbullying. This legal protection must include prevention, detection, handling, and recovery efforts for the victims.How to cite item: Sitihastuti, S., & Solikhah, S., Mohammad Haris Yusuf Albar, and Agung Mafazi. “The Urgency of Legal Protection for Victims of Cyberbullying in Indonesia.†Jurnal Cakrawala Hukum 15 no. 1 (2024): 61-68. DOI: 10.26905/idjch.v15i1.12025.]]>
<![CDATA[Supervising Acting Regional Heads: A Linkage of Central Government and Regional Legislative Council Supervision Function ]]>
<![CDATA[Nasution, Ali Imran]]>;
<![CDATA[Nahuddin, Yusuf Eko]]>;
<![CDATA[Thohari, Ahmad Ahsin]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol. 15 No. 2 (2024): August 2024 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v15i2.12763
<![CDATA[Simultaneous general elections will be held on November 27, 2024, to elect Regional Heads who officially end in 2022 and 2023 and have not participated in the first-period simultaneous election in 2020. The government directly appoints Acting Regional Heads to fill the office temporarily, as regulated in Article 201 paragraph (9) of Law No. 10/2016. This research analyzes the supervision system for Acting Regional Heads, which involves the role of the Central Government and Regional Legislative Council (DPRD). The result shows that the Minister of Home Affairs comprehensively evaluated Acting Regional Heads' performance without involving the DPRD's supervisory function. However, the Acting Regional Head is as authoritative as the Regional Head, as stated in Article 15, paragraph (1) of Minister of Home Affairs Regulation No. 4/2023 (Permendagri No. 4/2023). This research suggests reconstructing Permendagri No. 4/2023 to enhance DPRD's authority to oversee Acting Regional Heads' performance as an additional report used by the Minister of Home Affairs to evaluate Acting Regional Heads.]]>
<![CDATA[The Legality of Land Transactions with Certificates Encumbered by Mortgage Rights ]]>
<![CDATA[Dwiputranto, Aditya]]>;
<![CDATA[Tjempaka]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol. 15 No. 2 (2024): August 2024 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v15i2.14108
<![CDATA[The sale and purchase of land in Indonesia, particularly when a mortgage right encumbers the land certificate, often gives rise to legal complications. This study examines the legal validity of land sale transactions in which the mortgage has not been officially discharged (Roya). By analyzing court rulings and statutory regulations, the study aims to provide insights into the implications of such transactions, especially concerning the protection of creditor rights and legal certainty for buyers. This research employs a normative legal research method, focusing on applicable legal norms and their implementation in practice. The results show that while the sale of land encumbered by a mortgage may be considered legally valid if the parties involved have fulfilled the basic requirements of agreement, capacity, a specific object, and lawful cause as stipulated in Article 1320 of the Civil Code, the transaction remains legally risky if the mortgage is not officially discharged. This study contributes to the discussion of agrarian law in Indonesia by offering a deeper understanding of the legal nuances of land transactions burdened by a mortgage. It provides recommendations for legal practitioners, academics, and other relevant parties.]]>
<![CDATA[Consumer Protection Against the Widespread Sales of Counterfeit Brand Clothing ]]>
<![CDATA[Tri Retno Herryani, Mas Rara]]>;
<![CDATA[Yusuf Albar, Mohammad Haris]]>;
<![CDATA[Mafazi, Agung]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol. 15 No. 1 (2024): April 2024 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v15i1.14150
<![CDATA[Sales of counterfeit brand clothing are increasing rapidly in the global market, resulting in huge losses for genuine brands and consumers. In this context, the Consumer Protection Law Number 8 of 1999, protecting consumers is very important to prevent brands from purchasing potentially dangerous and fraudulent imitation clothing. The author conducted research using a type of normative legal research that can be observed in everyday life. The type of research used is descriptive and describes the circumstances in which many cases of selling counterfeit branded products occur. The data source used is a secondary data source originating from research materials. The sample used in this article is the radon sampling technique because the regulations in the Consumer Protection Law still do not have specific regulations regarding consumer protection and legal sanctions are not explained against business actors who sell goods with fake brands against consumers who sell goods. fake It is clear that consumers who buy goods using trademarks without the permission of the trademark owner are violating their rights. Trademarks and Indications in Law no. 20 of 2016. Regarding the online sale of fake branded goods, this is expressly stated in Article 8 letter (f) of Law Number 8 of 1999 concerning Consumer Protection. The advice in distinguishing fake goods is to know the difference between which brands are genuine and which brands are fake.How to cite item: Herryani, Mas Rara Tri Retno, Mohammad Haris Yusuf Albar, and Agung Mafazi. “Consumer Protection Against the Widespread Sales of Conterfeit Brand Clothing.†Jurnal Cakrawala Hukum 15 no. 1 (2024): 49-60. DOI: 10.26905/idjch.v15i1.14150.]]>
<![CDATA[The Responsibility of Parents in Electronic Contracts Made by Minors ]]>
<![CDATA[Mochtar, Dewi Astutty]]>;
<![CDATA[Rahayu, Dewi Ayu]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol. 15 No. 1 (2024): April 2024 ]]>
Publisher : <![CDATA[Faculty of Law, University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v15i1.14204
<![CDATA[The quick progression of innovation and the expanding utilization of electronic stages have driven a rise in minors' interest in online exchanges. This marvel poses legitimate challenges, particularly concerning the legitimacy of electronic contracts made by minors and the degree of parental obligation. This paper looks at the legitimate system overseeing electronic contracts, including those of minors, and centres on the risk of guardians in such exchanges. Employing a regulating legitimate investigative strategy and a statute approach, the consider analyzes pertinent laws, counting gracious law and electronic exchange controls, to decide the legitimate standing of contracts made by minors. The paper also investigates the part of guardians in administering their children's computerized exercises and their legitimate commitments when their children enter into official electronic understandings. The discoveries demonstrate that whereas minors, for the most part, need the lawful capacity to enter into contracts, parents' lawful obligations change depending on each case's particular circumstances. This paper emphasizes the need for clearer, legitimate arrangements and more grounded parental supervision to ensure that minors are within the advanced age range.]]>
