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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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Matrilineal System Mechanism for The Distribution of Inheritance Rights Jamburi, Ahmad; Muhibbin, Mohammad
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.v15i2.15159

Abstract

Inheritance law is one part of civil law and is the smallest part of family law. Inheritance law is closely related to the scope of human life because every human being will experience a legal event called death. In the Unitary State of the Republic of Indonesia territory, various inheritance law systems apply, namely customary inheritance law, Islamic inheritance law, and Western inheritance law, as stated in the Burgerlijk Wetboek (BW). The family system in Indonesian society focuses on the lineage system. In general, there are three kinship systems, namely the patrilineal system (found in communities in Tanah Gayo, Alas, Batak, Ambon, Irian Jaya, Timor, and Bali), the matrilineal system (found in the Minangkabau area), and the bilateral or parental system (found in regions include: Java, Madura, East Sumatra, Riau, Aceh, South Sumatra, all of Kalimantan, all of Sulawesi, Ternate and Lombok). According to Minangkabau customary law, the inheritance distribution system, is based on a descent system drawn from the mother's line, namely a matrilineal inheritance system where the position of children is inherited. Women are the successors, but the heirs are all male and female children from the mother's assets.
Digital Assets Regulation in Inheritance Law Reviewed from a Civil Law Perspective Yudhi Patra; Rizki Tri Anugrah Bhakti; Dwi Afni Maileni; Agus Riyanto
Jurnal Cakrawala Hukum Vol. 17 No. 1 (2026): April 2026 (in press)
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v17i1.16123

Abstract

Rapid advancements in science and technology, propelled by globalization, have fundamentally reshaped life, facilitating cross-border information dissemination and electronic transactions. This transformation presents significant challenges for civil law, particularly in the realm of digital asset inheritance. This article analyzes how Indonesian civil law, based on principles found in the KUHPerdat), navigates the complexities of abstract digital assets, their volatile economic value, and platform terms that limit heir access. Employing a descriptive-analytical normative juridical research method with a literature review, this study identifies existing legal gaps and issues stemming from the absence of specific regulations for digital assets as inheritance objects. While digital assets can be categorized as intangible movable property inheritable under civil law, their application in customary inheritance law requires further exploration of local wisdom. As solutions, this research recommends comprehensive legal regulatory updates for digital assets, increased public digital literacy regarding inheritance planning, and robust collaboration among the government, legal institutions, and digital service providers. These steps are crucial to protecting heirs' rights, ensuring legal certainty, and preventing the loss or misuse of digital assets in an increasingly digitized era. Keywords: Digital Assets, Inheritance Law, Civil Law.
Danantara Establishment’s Political Economy and Investor Confidence Rullya Andriani
Jurnal Cakrawala Hukum Vol. 17 No. 1 (2026): April 2026 (in press)
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v17i1.16947

Abstract

This study examines the implications of the establishment of the Danantara Investment Management Agency on investor confidence in Indonesia. The formation of Danantara as a state investment institution raises concerns related to legal-political dynamics, institutional governance, and oversight mechanisms in the management of state assets. The purpose of this study is to analyze how these factors influence investor confidence in the national investment climate. This study employs a socio-legal research approach using conceptual, statutory, and ethnographic methods to assess the relationship between legal frameworks, governance practices, and social realities. The findings indicate that Danantara is designed as a fiscal policy instrument to optimize the management of state-owned enterprise assets and support national economic growth. However, several governance issues persist, particularly concerning the clarity of oversight mechanisms, institutional independence, and the transparency and accountability of financial reporting. These conditions may affect investor risk perception and trust. Therefore, the effectiveness of Danantara depends on the implementation of good governance, transparency, and independent oversight to enhance investor confidence and ensure sustainable investment.
Gender Justice in Workplace Sexual Harassment Law Enforcement Alya Miladina Fatima Baranyanan; Mufti Khakim
Jurnal Cakrawala Hukum Vol. 17 No. 1 (2026): April 2026 (in press)
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v17i1.16948

Abstract

Abstract: Women in the workplace remain vulnerable to sexual harassment, whether physical, verbal, or psychological, which impacts their well-being, psychological well-being, and careers. Although Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence (UU TPKS) provides a legal framework for protection, its implementation has not been fully effective due to power relations, patriarchal culture, and low legal awareness at both the company and employee levels. This study aims to analyze the implementation of gender justice principles in law enforcement against sexual harassment in the workplace. The study uses empirical normative legal research, combining analysis of legal materials with data from field practices. The approach uses the Statute Approach and the Socio-Legal Approach. Data sources consist of primary data obtained through interviews with Legal Aid Institutions (LBH) and victim support organizations, as well as secondary data covering primary, secondary, and tertiary legal materials. The data analysis method uses normative qualitative analysis by systematically reviewing and interpreting legal and empirical data.
Efforts to Fulfill the Economic Rights of Women and Children After Talak Divorce in Gorontalo Religious Court Siti Mutmaina Suci Lasri Isra; Kasim, Nur Mohamad; Dungga, Weny Almoravid
Jurnal Cakrawala Hukum Vol. 17 No. 1 (2026): April 2026 (in press)
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v17i1.16951

Abstract

Divorce cases, particularly cerai talak (husband-initiated divorce), have increased significantly at the Gorontalo Religious Court over the past three years, raising serious concerns regarding the fulfillment of the economic rights of women and children following marital dissolution. This article analyzes the judicial efforts undertaken to protect and fulfill the economic rights of women and children in cerai talak cases at the Gorontalo Religious Court. The purpose of this article is to examine both preventive and repressive measures employed by judges in ensuring that rights such as mutah, iddah maintenance, child support, and division of marital assets are adequately addressed within court rulings. A normative-juridical method was employed through a case approach and statute approach. The findings prove that while judges have made considerable efforts through active fact-finding, mediation, and ex officio authority, the effectiveness of these rulings remains substantially hindered by low legal literacy among women, weak post-judgment execution mechanisms, and limited access to legal aid. It is therefore recommended that institutional strengthening, inter-agency synergy, and the consistent optimization of judges' ex officio authority are essential to ensuring that legal protection for women and children extends beyond formal court decisions into substantive justice
Comparative Analysis of Online Gambling Laws and Implications on The Sustainability of the SDGs Aprilia, Aliyyah; Winsherly Tan; Tantimin
Jurnal Cakrawala Hukum Vol. 17 No. 1 (2026): April 2026 (in press)
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v17i1.16954

Abstract

Online gambling is the one of impact the high poverty rate in Indonesia. This is an obstacle to sustainable development Government SDGs. This study formulates three main problems: related to the impact of online gambling on sustainable development, the implementation and enforcement of existing laws in Indonesia related to online gambling and comparisons regarding online gambling regulations in Indonesia, Malaysia and Singapore. Indonesia already has related regulations but their enforcement still faces challenges that cause poverty rates to continue to increase due to losses in online gambling games. This hinder the realization of sustainable development, the first element of which is “No Poverty”. Compared to Malaysia which strictly prohibits religious regulations and norms and Singapore which allows its people to gamble, Indonesia needs to carry out regulatory reform and maximum enforcement so that the negative impacts of online gambling do not further hinder sustainable development Government SDGs.
The Legal Construction of Business Ethics to Prevent Abuse in Pre-Contractual Bank Credit Afina Khoirunnisa; Turisno, Bambang Eko
Jurnal Cakrawala Hukum Vol. 17 No. 1 (2026): April 2026 (in press)
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v17i1.16960

Abstract

Bank credit distribution plays a strategic role in supporting economic growth, but it also carries the potential for abuse of authority, particularly at the pre-contractual stage. This stage affords bank officials broad professional discretion, thereby creating opportunities for misconduct that formal legal mechanisms cannot always address. This situation indicates that problems relate not only to institutional aspects but also to the quality of the use of authority by individuals. This study aims to analyze the role of business ethics and formulate an ethical construct as a preventive mechanism. The method used is normative legal research through a literature review. The results of the study indicate that control cannot simply rely on formal procedures but requires ethics as a standard in decision-making. The integration of ethics is achieved through the disclosure of conflicts of interest, ethical reviews, and the strengthening of standard operating procedures. These findings affirm ethics as a preventive instrument in limiting abuse of authority.
Formalism of Authority and Agrarian Justice: Medan–Binjai Toll Road Land Dispute Analysis Amalia Hutabarat, Feby; Utama, Yos Johan; Silviana, Ana
Jurnal Cakrawala Hukum Vol. 17 No. 1 (2026): April 2026 (in press)
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v17i1.16972

Abstract

This article examines whether the formalism of absolute jurisdiction in Decision Number 226/Pdt.G/2024/PN Mdn has produced agrarian justice or instead delayed the examination of the substantive rights of communities claiming to control and cultivate land affected by land acquisition for the Medan–Binjai Toll Road project. The study aims to analyze the juridical position of physical possession and land cultivation without strong formal title in the Indonesian agrarian law framework, to reconstruct the judge’s legal reasoning in classifying the dispute as an administrative action dispute, and to assess the decision from the perspective of agrarian social justice and progressive law. This research is normative legal research with a prescriptive and evaluative character, using statutory, conceptual, case, and philosophical approaches. The study finds that the court’s reasoning was procedurally valid in declaring lack of jurisdiction based on the doctrine of onrechtmatige overheidsdaad and PERMA Number 2 of 2019. However, the decision did not reach the substantive examination of whether the plaintiffs’ factual control and cultivation of the land had juridical relevance in the land acquisition regime. The article concludes that the decision was procedurally correct but substantively incomplete, because it resolved the forum issue without adequately addressing the agrarian conflict at the core of the dispute.
Socio-Legal Study of Pemena Recognition and Civil Rights Sembiring, Adventi Ferawati; Ani Purwanti; Sukirno
Jurnal Cakrawala Hukum Vol. 17 No. 1 (2026): April 2026 (in press)
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v17i1.16985

Abstract

This study examines the recognition of the local Pemena religion and the fulfilment of the civil rights of its adherents following Constitutional Court Decision No. 97/PUU-XIV/2016. Normatively, this decision marks a significant shift in Indonesian legal policy by recognising adherents of local beliefs as equal legal subjects within the civil registry system. However, in practice, the implementation of this policy still faces various obstacles. This study aims to analyse the form of recognition granted to Pemena and to identify the factors causing the sub-optimal fulfilment of the civil rights of its adherents in Karo Regency, North Sumatra. The research employs a socio-legal approach, combining normative legal analysis with empirical data obtained through interviews with Pemena adherents and relevant officials. The findings indicate that recognition of Pemena remains largely formal and has not yet been fully realised in practice. Pemena adherents continue to face discrimination, both in the form of social stigma and administrative barriers to obtaining civil registration documents. The gap between legal norms and implementation, administrative requirements that are not contextually appropriate, and a lack of understanding among officials are the main factors hindering the effectiveness of this recognition. Thus, although the Constitutional Court’s ruling has opened the door to more inclusive recognition, recognition of the local Pemena faith has not yet reached a substantive stage. More comprehensive efforts are required through administrative policy reform, capacity building for officials, and the strengthening of social awareness to realise fair and non-discriminatory protection of civil rights for adherents of the faith. This study confirms that legal recognition without structural and social transformation tends to result in symbolic recognition, thereby enriching socio-legal studies regarding the protection of religious minority groups.
The Application of Indirect Proof Methods to Independent Money Laundering Crimes M. Arief Amrullah
Jurnal Cakrawala Hukum Vol. 17 No. 1 (2026): April 2026 (in press)
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v17i1.17131

Abstract

The study in this article aims to find a solution to the problem of the concept of independent money laundering as stipulated in Article 69 of the Money Laundering Crime Law, especially related to the phrase "it is not mandatory to prove the original criminal act" (predicate crime), which is still the subject of debate among legal experts in Indonesia. In the Netherlands, in dealing with such problems, such problems are solved through the indirect method of proof. Money laundering suspects can be held criminally liable without first having to prove the original criminal act, the most important thing is that there is sufficient evidence that the assets obtained do not come from a legitimate source. This method of indirect proof is used, especially in cases where there is no direct indication of the original criminal act related to the object. Therefore, to support law enforcement against the phrase "it is not mandatory to first prove the original criminal act", it is very important to examine the application of the indirect proof method to the formulation of Article 69 of the Money Laundering Crime Law Art.

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