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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 320 Documents
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The Strengthening of Tax Court Independence in the Indonesian Judicial System Regika, Virna; Sari, Muspita; Muhkam, Mirwan Fikri; Amir, Irfan
Jurnal Cakrawala Hukum Vol. 15 No. 1 (2024): April 2024
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v15i1.14276

Abstract

This study aims to analyze the strengthening of the Tax Court's independence within Indonesia's judicial system following the Constitutional Court Decision No. 26/PUU-XXI/2023. The ruling alters the administrative structure of the Tax Court from a dual system to a unified system under the Supreme Court, transferring oversight authority that was previously under the Ministry of Finance. This research employs a normative juridical method with a statutory, conceptual, and case-based approach. The findings indicate that the implementation of this unified system is a significant step toward enhancing the independence and impartiality of the Tax Court, which was previously vulnerable to executive interference. Furthermore, this change aligns with the principle of the separation of powers as advocated by Montesquieu, emphasizing the necessity of separating judicial power from executive and legislative branches. The Constitutional Court Decision No. 26/PUU-XXI/2023 is expected to strengthen the role of the Tax Court as an independent judicial body, free from government influence, and tasked with upholding justice for taxpayers in Indonesia. This study provides a crucial contribution to understanding the constitutional implications of this decision for the judicial system in Indonesia. How to cite item: Regika, V., Sari, M., Muhkam, M., & Amir, I. “The Strengthening of Tax Court Independence in the Indonesian Judicial System.” Jurnal Cakrawala Hukum, 15(1). (2024):80-90. DOI: https://doi.org/10.26905/idjch.v15i1.14276.
Implementation of Diversion in Methamphetamine-Type Drug Crimes by Children Hajar, Ayu Lailatul; Mulyono, Galih Puji; Suratman, Teguh; Sutrisno, Andri
Jurnal Cakrawala Hukum Vol. 15 No. 1 (2024): April 2024
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v15i1.14277

Abstract

This study examines various prevention efforts and efforts to overcome narcotics type metamfetamine in children by implementing diversion. The problems studied are related to the realm of the police in providing diversion to children who commit the crime. What challenges are faced by the police in providing diversion as an effort to overcome narcotics among children. This study uses an empirical research type with a juridical-sociological approach to see the role of the police in providing diversion to children who commit narcotics crimes. The types of data used are primary data and secondary data. Data collection techniques use interviews and document studies with selected quality data that is relevant to the problems raised. Data analysis used qualitative descriptive analysis. Based on the results of the analysis, the police’s considerations in providing diversion to children because they see external and internal factors from the child. The role of the police is very important to help handle children in conflict with the law, the police in carrying out their duties are partly successful and partly not in resolving the problem of narcotics crimes in children by implementing the principle of diversion.How to cite item: Hajar, A., Mulyono, G., Suratman, T., & Sutrisno, A. “F Implementation of Diversion in Methamphetamine-Type Drug Crimes by Children.” Jurnal Cakrawala Hukum 15 no. 1 (2024): 37-48. DOI: 10.26905/idjch.v15i1.14277.
Neutrality of State Civil Apparatus in Regional Head Elections Supriyadi, Supriyadi
Jurnal Cakrawala Hukum Vol. 15 No. 1 (2024): April 2024
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v15i1.14314

Abstract

Abstract: The results of this study conclude that the neutrality of the State Civil Apparatus in the Implementation of Regional Head Elections has not been implemented properly. There are still many ASNs who are not neutral; this is due to the existence of Article 53 of Law No. 4 of 2014 concerning ASNs, which states that the President, as the holder of the highest authority in ASN development, can delegate the authority to determine the appointment, transfer, and dismissal of officials other than the main and middle high-ranking officials. The main functional expertise is the regent/mayor in the district/city (PPK), so with this, the incumbent candidate can use the authority they have to pressure ASN ahead of the Pilkada. Several efforts have been made by the government, such as through laws and joint decrees of the Minister of State Civil Apparatus Empowerment and Bureaucratic Reform, Minister of Home Affairs, Chairperson of the State Civil Apparatus Commission, and Chairperson of the General Elections Supervisory Body. However, in reality, the loyalty factor between superiors and subordinates is an obstacle to creating a neutral position in the implementation of the Regional Head Election because there are still many ASNs who participate in practical politics. This research is a type of Normative Juridical research with a statutory approach method. The nature of this research is descriptive analysis, which intends to provide a systematic factual and accurate picture or painting of the facts, nature, and relationships between the phenomena investigated on how neutrality in ASN in the election of Regional Heads. How to cite item: Supriyadi, S. "Neutrality of State Civil Apparatus in Regional Head Elections." Jurnal Cakrawala Hukum, 15(1). (2024): 69-79. DOI: https://doi.org/10.26905/idjch.v15i1.14314.
Issuance of Business License as a Criminogenic Factor of Environmental Crimes by Corporations Amrullah, M Arief
Jurnal Cakrawala Hukum Vol. 15 No. 1 (2024): April 2024
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v15i1.14365

Abstract

Walhi's presentation is related to Ragnhild Sollund's views, which are from the perspective of green critical criminology Environmental damage cannot be seen as simply as depleting forests that are cut down and burned. Companies whose permits have expired leave and neglect mining sites with environmental conditions that become damaged. Excavations form recesses in the middle of which there is a pool of water However, humans and other creatures are also disturbed because their habitats and land are damaged or even extinct because of actions carried out by corporations. Hence, victims are no longer individual but widespread. This article analyses the issuance of permits from authorized officials as an entry point for corporations to exploit natural resources and their contents. To prevent more destructive environmental damage, imposing criminal responsibility on permit-making officials as perpetrators of criminal acts of corruption is necessary so that they are careful and not careless in issuing permits to corporations.How to cite item: Amrullah, M. Arief. “Issuance of Business License as a Criminogenic Factor of Environmental Crimes by Corporations” Jurnal Cakrawala Hukum 15 no. 1 (2024): 14-33. DOI: 10.26905/idjch.v15i1.14365.
Fulfillment of Environmental Rights: Policy Strategies and Their Impact on Sustainable Development Budiono, Indro
Jurnal Cakrawala Hukum Vol. 15 No. 1 (2024): April 2024
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v15i1.14366

Abstract

This research explores the role of the Indonesian government in prioritizing the fulfillment of environmental rights through policy strategies and their impact on the country’s sustainable future. The study examines key government policies aimed at protecting these rights, such as regulations on deforestation, pollution control, and renewable energy initiatives, as well as their effectiveness in addressing challenges like climate change, deforestation, and pollution. Through a combination of policy analysis and case studies, this research investigates how government actions, in collaboration with stakeholders such as businesses, non-governmental organizations (NGOs), and local communities, have influenced environmental sustainability. It also assesses the socio-economic impacts of these policies, including their contributions to environmental conservation, economic growth, and social equity. The findings suggest that while progress has been made, significant gaps remain in enforcement, accountability, and public awareness. Ultimately, the study concludes that a more coordinated, multi-sectoral approach is required to ensure the full realization of environmental rights in Indonesia. It recommends strengthening policy implementation, enhancing collaboration between stakeholders, and promoting greater public participation in environmental governance to achieve a truly sustainable future for the nation.How to cite item: Budiono, Indro. “Fulfillment of Enviromental Rights: Policy Strategies and Their Impcat on Sustainable Developmnet.” Jurnal Cakrawala Hukum 15 no. 1 (2024): 21-36. DOI: 10.26905/idjch.v15i1.14366.
Breakthrough of the Positivism Paradigm in Judge's Decisions as a Form of Reflection of Justice Values Eviani, I Gusti Ayu; Windraswara, Juniardi; Jaedin; Abdurrahman, Alif; Mulyono, Galih Puji
Jurnal Cakrawala Hukum Vol. 15 No. 2 (2024): August 2024
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v15i2.14495

Abstract

This research aims to analyze the Ferdy Sambo case through the lens of positivist thinking, which emphasizes facts and empirical evidence in the law enforcement process. This case became the public spotlight because it involved members of the police, the alleged motive for planning the loss of life was complex, and where there was a disparity in punishment between the decisions of the South Jakarta District Court and the DKI Jakarta High Court which imposed the death penalty. At the same time, the Supreme Court reduced the sentence to life imprisonment. This research uses normative legal research methods, emphasizing the study of legal norms or doctrine to uncover alternative interpretations and provide insight into specific issues. This research uses two methodologies: a legislative approach, which focuses on legal norms or laws, a conceptual approach, and a case approach, which examines the Supreme Court's decision with the defendant Fredy Sambo. The results of this research discuss legal analysis by exploring the implications of the approach to the value of legal certainty and justice in the context of cases involving judicial power. This research also uses an approach from a positivist perspective. Through this approach, analysis is carried out on the investigation process, the evidence presented in court, how the legal system handles this case, and the sentence imposed by the judge.
Beyond Retributive: Exploring the Participatory Paradigm in the Ferdi Sambo Trial Fitryantica, Agnes; Mutalib, Abdul; Azimattara, Muchammad Daing; Sutrisno, Andri; Satriadi
Jurnal Cakrawala Hukum Vol. 15 No. 2 (2024): August 2024
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v15i2.14530

Abstract

The participatory paradigm offers a different perspective on crime and justice. Instead of focusing solely on punishment, this paradigm emphasizes restoration, dialogue, and reconciliation. Applying the participatory paradigm could be a breakthrough in the context of high-profile criminal cases such as Ferdy Sambo, providing a more comprehensive and sustainable solution. The research problem in this study is that applying the participatory paradigm in the legal process of high-profile criminal cases like the Ferdi Sambo trial can shift the retributive approach within Indonesia's criminal justice system. It also explores the advantages and disadvantages of implementing the participatory paradigm in high-profile criminal cases like the Ferdi Sambo trial in Indonesia. The case of Ferdi Sambo, a police general in Indonesia involved in a murder scandal, sparked extensive debate and analysis regarding the participatory paradigm in the context of law enforcement and justice. In this context, the participatory paradigm involves various parties in decision-making and law enforcement processes. Implementing the participatory paradigm in science and legal philosophy has several advantages, such as enhancing inclusivity, transparency, and legitimacy by involving multiple stakeholders in knowledge production and legal processes. However, this approach also has drawbacks, including challenges in balancing public participation with the objectivity of the judicial process, potential conflicts of interest, and maintaining the integrity of the legal system.
Local Potential Development Model Based on Communal Intellectual Property in Serang District Dwisvimiar, Inge; Mucharom, Rully Syahrul
Jurnal Cakrawala Hukum Vol. 15 No. 2 (2024): August 2024
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v15i2.14632

Abstract

This article reviews Minister of Home Affairs Regulation Number 9 of 2014 concerning Guidelines for Development of Regional Featured Products, Law Number 28 of 2014 on Copyright, and Law Number 5 of 2017 on Advancement of Culture. The article aims to ascertain how Serang Regency's local and regional potential is distributed across its products and culture and to outline and identify a development model that Serang Regency's local and regional potential can apply to the region's intellectual property. The article employs a socio-legal research methodology along with a qualitative method—analysis and discussion around the allocation of local and regional. With an emphasis on Golok Seuat, Silat Bandrong, and Rudat, the analysis and discussion of local and regional potential distribution based on communal intellectual property, including products and culture, is highly varied. Golok Seuat is widely distributed and fairly even, but Rudat and Silat Bandrong are not uniformly distributed for various reasons. While Silat Bandrong and Rudat have been inventoried, secured, and published, the development approach employed in Golok Seuat is based on regional superior products with a core competency model with improved attractiveness and promotion.
Criminal Law Enforcement Against Press Crimes in Reporting Suicide Cases in the Mass Media Melisnawati, Melisnawati; Wardana, Khristyawan Wisnu; Bone, Sholihin
Jurnal Cakrawala Hukum Vol. 15 No. 2 (2024): August 2024
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v15i2.15011

Abstract

The Indonesian Constitution guarantees freedom of the press, which is part of human rights in national and democratic life. The press has an important function that influences social, economic, political, and cultural life, namely as a medium of information. Restrictions on press freedom must be firmly and clearly stipulated by laws and regulations with provisions, one of which is the regulation of press crimes in criminal law. Suicide cases are one of the cases that are widely reported by the mass media; In covering suicide cases, ideally journalists have sensitivity and can empathize by protecting the identity of the perpetrator and the family of the suicide perpetrator in accordance with Press Council Regulation Number: 2/Peraturan-DP/III/2019 Concerning Guidelines for Reporting Related to Acts and Attempted Suicide which was stipulated in Jakarta on March 22, 2019. Seeing this phenomenon, it is important to enforce the law against media that violate the rules in reporting suicide cases.
Validity of Goods And Services Sale and Purchase Agreements by Online Aldi, Muhammad; Hidayati, Rahmatul; Sunardi; Parmono, Budi
Jurnal Cakrawala Hukum Vol. 15 No. 2 (2024): August 2024
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v15i2.15082

Abstract

The Internet is developing quickly and significantly impacts every part of life. Thanks to the Internet, people may contact, communicate, and even conduct business with anyone worldwide quickly, cheaply, and effortlessly. Buying and selling transactions through electronic media are legal agreements or relationships carried out by networking computer-based information systems and communication systems based on telecommunications networks and services. This process is further made possible by worldwide internet computer networks. International society in general and Indonesian society in particular have greatly benefited from using electronic transaction media, or e-commerce, in the trade industry. Establishing an agreement occurs when two parties come to a consensus on a primary issue that serves as the agreement's goal. To agree on what has been agreed upon, both parties must be present in a meeting of wills. It is possible to comply with wishes orally or in writing. In today's world, where technology is widely used in business, a face-to-face meeting or written agreement is no longer necessary to express wants. Agreements between parties with different legal systems that are made online are nonetheless enforceable.

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