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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 329 Documents
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Civil Liability for Losses Caused by Artificial Intelligence under Indonesian Civil Law Mashuri; Dwi Afni Maileni; Rizki Tri Anugrah Bhakti; Indra Sakti
Jurnal Cakrawala Hukum Vol. 17 No. 2 (2026): August 2026
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v17i2.16124

Abstract

The rapid diffusion of Artificial Intelligence (AI) has outpaced the capacity of Indonesian civil law to allocate responsibility when AI-driven systems cause loss, leaving victims of deepfake fraud, algorithmic misconduct, and automated decision-making without a settled legal remedy. Existing scholarship has extensively debated whether AI may be recognised as a legal subject, yet has rarely translated that debate into a bounded, court-usable liability framework anchored in the Indonesian Civil Code (KUH Perdata) and tested against comparative risk-based regimes such as the European Union's Artificial Intelligence Act. This article addresses that gap by analysing, through a normative-juridical method with statutory and comparative-conceptual approaches, how civil liability for AI-caused losses should be constructed under Indonesian law. The findings show that AI remains an intangible object, not a legal subject, so liability is properly attributed to the creator, owner, or user of the AI system through the unlawful-act doctrine of Articles 1365 and 1367 of the KUH Perdata, applied together with the data-protection obligations of Government Regulation 71/2019. The article's novelty lies in integrating quantified domestic harm data with a three-track (developer-owner-user) liability model calibrated against the EU AI Act's risk tiers, from which it derives specific regulatory and adjudicative recommendations.
Notary Protocol Storage in Indonesia: A Jombang Regency Case Study and ASEAN Comparison Ramadian Putra Hariwijaya
Jurnal Cakrawala Hukum Vol. 17 No. 2 (2026): August 2026
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v17i2.16992

Abstract

Article 16(1)(b) of Indonesia’s Law No. 2 of 2014 requires every notary to retain deed minuta as part of the notary protocol, a state archive, yet prescribes no storage standard, and the Archives Law extends no equivalent standard to notaries. This is a national regulatory gap, not a Jombang anomaly, causing document dispersal and accumulating custodial burdens as protocols pass to successor notaries. This empirical legal study tests that gap through a case study of ten Notary-PPATs in Jombang Regency, tracing accountability from notary to the Regional Supervisory Council. Semi-structured interviews, verified through document analysis and triangulation, show all ten informants rely exclusively on paper-based storage, applying at least six distinct practices with no written SOP. Benchmarked against Vietnam and the Philippines, fellow ASEAN civil-law jurisdictions with comparable infrastructural starting points, rather than the more distantly resourced Netherlands and Germany, the gap proves a matter of unfinished legal design, not a peculiarity of one regency or country. The study offers the first empirically grounded, ASEAN-benchmarked account of this gap and proposes an implementable internal-SOP standard alongside a national legislative-reform pathway.
Ratification without Harmonisation: Fragmented Domestication of the 1990 Migrant Workers Convention in Indonesia Zora Febriena Dwithia
Jurnal Cakrawala Hukum Vol. 17 No. 2 (2026): August 2026
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v17i2.17168

Abstract

donesia's ratification of the 1990 ICRMW through Law No. 6 of 2012 obliges it to align domestic law with the Convention's broader, rights-based standards. Yet Law No. 18 of 2017 on migrant worker protection addresses only part of this obligation, focusing almost exclusively on Indonesian citizens working abroad. Using normative legal research with statutory and conceptual approaches, this article maps how far the Convention's remaining obligations covering foreign migrant workers in Indonesia, undocumented migrants, migrant families, and due process in detention and deportation, are accommodated across Indonesia's sectoral laws on immigration, labour, human rights, child protection, citizenship, social security, and trafficking. Applying a three-tier criterion (harmonised, partially accommodated, not accommodated), it finds these obligations dispersed across sectoral laws but not coherently integrated. This fragmentation produces four structural loopholes: an incomplete framework for foreign migrant workers, a rights vacuum for undocumented migrants, an underdeveloped family-protection regime, and administratively ather than rights-based due process in detention and deportation. With the 2026 Domestic Worker Protection Law now enacted, the article argues that closing these loopholes through a systematic harmonisation audit is a timely legislative priority, since ratification without harmonisation risks reducing the Convention to diplomatic formality rather than enforceable domestic rights.
Legal Liability of Bottled Drinking Water Companies for Circulating Reusable Gallons Beyond Their Lifespan Nelvina Djaja; Audrianna Richella; Michelle Jesslyn; Jerry Shalmont
Jurnal Cakrawala Hukum Vol. 17 No. 2 (2026): August 2026
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v17i2.17247

Abstract

This article analyses the legal liability of bottled drinking water (BDW) companies for circulating reusable gallon containers exceeding their technical lifespan, focusing on corporate-compliance failure and its consumer-protection implications. Normatively (das sollen), Law Number 8 of 1999 on Consumer Protection guarantees consumers’ rights to comfort, security and safety; empirically (das sein), findings by the Indonesian Consumers Community (KKI) in late 2025 show that 57 per cent of reusable gallons circulating in Jabodetabek have exceeded their reasonable lifespan, exposing consumers to polycarbonate degradation and potential Bisphenol-A (BPA) migration. Using a normative juridical method with statutory and conceptual approaches, this study finds such practices constitute both a corporate-compliance failure and a violation of consumers’ rights under Articles 4, 7 and 8 of Law Number 8/1999. The absence of an explicit, quantitative lifespan standard is identified as a normative gap perpetuating information asymmetry between business actors and consumers. Compared with the European Union’s stricter BPA trajectory and neighbouring ASEAN jurisdictions, whose BPA bans remain confined to infant feeding bottles, Indonesia’s migration limit lags both international and regional consensus. The study recommends strengthening corporate compliance and internal control, together with regulatory reform establishing explicit lifespan and refill-cycle limits for reusable gallon containers.
Ecological Justice-Based Waste Management Strategy: Policy Directions to Support Sustainable Development Goals M. Syafiudin
Jurnal Cakrawala Hukum Vol. 17 No. 2 (2026): August 2026
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v17i2.17286

Abstract

Waste management in Indonesia remains constrained by a persistent gap between the constitutional guarantee of a good and healthy environment (das sollen) and the empirical reality of reactive law enforcement and unequal service coverage (das sein). This study analyses the concept of justice within Indonesia’s waste management system through the lenses of ecological justice and sustainable environmental law, and formulates a justice-based law-enforcement model to support the Sustainable Development Goals (SDGs). Employing a socio-legal method, the study integrates statutory, conceptual, and case-based documentary approaches using secondary data from 2023–2026. The findings show that Indonesia’s Extended Producer Responsibility (EPR) regime remains disproportionately focused on packaging waste, short of a comprehensive, life-cycle-based framework, and that reactive enforcement centred on high-profile landfill closures fails to deliver distributive, corrective, and procedural justice to vulnerable communities near disposal facilities. This paper formulates a differentiated law-enforcement model: strict administrative, civil, and criminal sanctions target large-scale corporate offenders and illegal landfill operators, while minor violations by ordinary citizens are addressed through education, corrective measures, and infrastructure development. Policy implications include revising EPR regulations, establishing a dedicated Producer Responsibility Organisation (PRO), and institutionalising mandatory community consultation to advance SDGs 11, 12, 13, and 16.
Legal Validity of Virtual Land Ownership under the Civil Code: A Comparative Analysis and Protection Framework Achmad Billy Badruzzaman; Sofyan Arief; Yohana Puspitasari Wardoyo
Jurnal Cakrawala Hukum Vol. 17 No. 2 (2026): August 2026
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v17i2.17288

Abstract

Abstract: The metaverse and virtual land, exemplified by platforms like RansVerse, have evolved from speculative concepts into commercial infrastructure. However, this commercial reality outpaces Indonesia’s legal framework, which lacks explicit statutory recognition of virtual land as property. Using a normative-juridical method with statutory, conceptual, and comparative approaches, this study examines the contractual validity of virtual land transactions under Article 1320 of the Indonesian Civil Code, compares Indonesia's regulatory stance with the United States and the European Union, and identifies available dispute-resolution mechanisms. The findings indicate that virtual land transactions via smart contracts and NFTs satisfy the four elements of contract validity. Because cryptocurrency cannot serve as legal tender in Indonesia, these transactions are properly characterized as asset-exchange agreements under Article 1541. Comparatively, Indonesia relies on civil-code analogy, the United States on contractual Terms of Service, and the European Union on unified statutory instruments. Meanwhile, dispute resolution remains constrained by jurisdictional and evidentiary uncertainties. The study concludes that legal certainty requires dedicated legislation on digital-property registration and consumer protection.
Analyzing the Rationality of Criminal Sanctions for Copyright Offences in Indonesia's Creative Economy Putri Rumondang Siagian; Widad Azzuhdi Manurung
Jurnal Cakrawala Hukum Vol. 17 No. 2 (2026): August 2026
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v17i2.17340

Abstract

Copyright infringement in Indonesia causes economic losses to creators and copyright holders while threatening the sustainability of the creative economy. To address this issue, Law No. 28 of 2014 provides criminal sanctions for certain copyright infringements. However, the use of criminal law remains controversial, particularly regarding the principles of ultimum remedium, proportionality, and the objectives of criminalisation. This study analyses the construction of copyright offences in Indonesian law, their relationship with creative economy protection, and the rationality of criminal sanctions based on the theory of the purpose of criminalisation. Using normative legal research with statutory, conceptual, and policy approaches, the study analyses primary, secondary, and tertiary legal materials through qualitative legal interpretation. The findings show that criminalisation is justified to protect the economic value of intellectual works and support the sustainability of the creative industry. Nevertheless, criminal sanctions should be applied selectively to serious, commercial infringements causing significant harm, consistent with the principle of ultimum remedium. The novelty of this research lies in examining copyright offences through the rationality of the purpose of criminalisation as a balanced instrument for protecting the creative economy, beyond conventional analyses of copyright protection and law enforcement effectiveness.
The Legal Politics of Smart Village Formation within the Framework of Village SDGs and Public Policy Firman Firdausi; Dewa Ayu Putu Shandra Dewi; Ronny Ersya Novianto Putra; Naufal Azaki
Jurnal Cakrawala Hukum Vol. 17 No. 2 (2026): August 2026
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v17i2.17444

Abstract

The Smart Village programme is a national policy to accelerate digital transformation in Indonesian villages and support the Sustainable Development Goals. Prior studies assessed readiness mainly through technological or economic indicators, neglecting the legal-political dimension of the pre-condition stage. This study examines Jedong Village’s readiness to enter the Smart Village pre-condition stage through public policy formulation and legal politics lenses. Using an empirical juridical method with a qualitative approach, data were collected via stakeholder interviews, legislation, policy documents, and literature, triangulated with village planning documents. Findings show Jedong Village has adequate infrastructure, internet, digital applications, and government commitment, but has not met mandatory pre-conditions under Ministerial Decree No. 55 of 2024: establishing Smart Village Cadres and a Village Digital Community Space. Applying Sahya Anggara’s policy-formulation framework reveals incomplete translation of national policy into local planning instruments; legal-politics framework and norm hierarchy show the absence of a Village Regulation to anchor the programme in binding local law. This study’s novelty lies in combining these theoretical lenses at the pre-condition stage, concluding that readiness alone is insufficient; coherent policy formulation and a dedicated Village Regulation are essential for legal certainty and sustainability, with recommendations offered for Jedong Village authorities.
The Dilemma of Parate Executie: Secured Creditors versus Curators in Bankruptcy Luhut Sagala; Budi Santoso; Ery Agus Priyono
Jurnal Cakrawala Hukum Vol. 17 No. 2 (2026): August 2026
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v17i2.17447

Abstract

This article analyses the normative conflict between Law Number 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations (Act on PKPU) and Indonesian collateral law governing execution rights of secured (separatist) creditors. Using a doctrinal method combined with statutory, case, and comparative approaches, the study examines how Articles 56 and 59 of the Act on PKPU restrict parate executie as guaranteed by the Civil Code, the Mortgage Law, and the Fiduciary Law. Findings, corroborated by Supreme Court Decisions No. 158 K/Pdt.Sus/2011 and No. 895 K/Pdt.Sus-Pailit/2016, show that once collateral is surrendered to a curator, recovery for secured creditors is severely eroded by bankruptcy costs and curator fees; in the first case, recovery fell from a claim of Rp44.7 billion to a distribution of only Rp1.5 billion, roughly 3.4 per cent. A comparative reading of United States Chapter 11 and the Dutch Faillissementswet shows Indonesia’s rigid two-month limit is an outlier among comparable regimes. Building on Posner’s economic analysis of law and Rawls’ theory of justice, the article argues the current arrangement is economically inefficient and distributively unjust, and proposes extending the execution window and ring-fencing collateral proceeds to restore secured creditors’ priority while preserving bankruptcy’s collective character and financial stability.

Page 33 of 33 | Total Record : 329

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