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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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LEBIH MEMBERDAYAKAN ARBITRASE UNTUK PENYELESAIAN SENGKETA BISNIS Wika Yudha Shanty
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.v18i2.1124

Abstract

On normative perspective, court upheld law based on the regulation and justice. Judicature was carried outfast, simple and cheap. However, in practice, judicature process always spent much time because of the formalprocedure. From entering the case to court until decision or finding of court which got the law confirmation, italways needed much time, complicated process, and much money. Especially for businessmen, case or longconflict would inflict financial loss. In business world, special skill was needed to decide special conflict inbusiness world which was not always known by every judge, for example contract. To be able to investigate anddecide those kinds of conflicts completely, it was not enough only having knowledge about regulation as thelaw principle. To make a business conflict completion reflected justice or it could be accepted by all parties, lawsystem gave alternative of conflict completion out of court. By this way, the burden of court was decreased andmore than that the completion which was the will meeting would not cause a new case. The character ofcompletion above became an alternative which had to be passed by all parties in conflict, especially businessconflict, to get the effective solution and to decrease or even to abolish conflict because of business.
PERSPEKTIF HUKUM EKONOMI TERHADAP STRATEGI INDUSTRIALISASI F. Rahardjo Setiobudi
Jurnal Cakrawala Hukum Vol 19, No 1 (2014): June 2014
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v19i1.1125

Abstract

Government policy in industrial sector was considered fail in industrialization in Indonesia because itignored innovation culture and resource potency.Both were based on thehuman problem as the main step of life.The experiences in many countries in which their process of industrialization always succeeded proved thatthey always gave priority to human as the source and also the goal of the industrial creation itself. On the otherside,the law function as the medium of industrialization in Indonesia could not grow innovation culture eitherbecauseit merely served economy activities of industrialization. The idea proposed to improve this case was theuse of the two pillars, namely innovation culture and social structure, as the industrialization planningfoundation and the law function or use in economic development in Indonesia.
STUDI TENTANG LAND REFORM DALAM PERSPEKTIF REFORMASI HUKUM AGRARIA Hairani, Hairani
Jurnal Cakrawala Hukum Vol 19, No 1 (2014): June 2014
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v19i1.1126

Abstract

To implement agrarian law which was healthy and fair for all people in Indonesia, and also for agriculturedevelopment to improve people welfare, especially farmers who had narrow land or even those who did nothave land, needed to do agrarian reform. The concept was through land reform program. The success oflandreform program implementation depended much on the economic and political system of the governmentholding the power at that time, and on the commitment of the government to do it continuously. Thus, thepolicies issued would support the implementation of land reform program. The purpose of land reform wastoincrease the degree of life and the nation welfare. It became the purpose of agrarian reform law.
PENEGAKAN PRINSIP SPECIAL AND DIFFERENTIAL TREATMENT DALAM PERSEPEKTIF HUKUM PERDAGANGAN INTERNASIONAL Hendra Djaja
Jurnal Cakrawala Hukum Vol 19, No 1 (2014): June 2014
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v19i1.1127

Abstract

In the International Commerce law system, there were some common principles of free market implementation.Besides the common principles, GATT law system also had dealt to receive another principle that was morespecific that deviated the common principles. This exception principle was called Special and DifferentialTreatment Principles or SD principles. The purpose of SD was to help the developing countries or underdevelopedcountriesto get benefit in doing the commerce to the developed industrial countries by havingspecial treatment which was different from the common principles and which were many times broken bydeveloped industrial countries, so it was felt as an unfair treatment by developing countries.
PENJATUHAN SANKSI DALAM PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL I Gusti Ngurah Adnyana
Jurnal Cakrawala Hukum Vol 19, No 1 (2014): June 2014
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v19i1.1128

Abstract

Manpower law was mixed. It meant that it consisted of civil law aspect, and public law aspect, so the lawbreaker would get civil sanction, criminal sanction, and administrative one. The solution of industrial relationdisagreementas regulated in regulation no 2 year 2004 did not regulate the solution of industrial relationdisagreement which happened because of violation to manpower law which was pubic. The stipulation inregulation no 2 year 2004 merely regulated disagreement solution as what written in civil law, either out ofcourt or through industrial relation court by submitting suit
KEDUDUKAN WARIS ANAK ANGKAT MENURUT HUKUM WARIS ADAT BALI Ketut Meta
Jurnal Cakrawala Hukum Vol 19, No 1 (2014): June 2014
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v19i1.1129

Abstract

Children adoption already existed since a long time ago. However, the position of adopted children weredifferent from one region to another region in Indonesia. Bali people followed patrilineal kinship. It made theposition of a son hold a very important role. Therefore each family really wanted to have a son. For the familiesthat did not a have a son, they adopted a son. There were two kinds of adoption in Bali custom. They were: first,children adoption followed with tradition ceremony meperas or Widi Widana, witnessed by custom chief andpeople or society; second, children adoption which was not followed withtradition ceremony meperas or WidiWidana.The first adoption made the adopted son break the relation with his biological parents, and he cameinto his adopting fathers family. In the case of heir, he was not the heirs of his biological father but he was theheirs of his adopting father.
PERLINDUNGAN KONSTITUSIONAL HAK MASYARAKAT HUKUM ADAT ATAS TANAH Lalu Sabardi
Jurnal Cakrawala Hukum Vol 19, No 1 (2014): June 2014
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v19i1.1130

Abstract

This research aimed to develop the legal protection thinking to the custom (adat) community rights as the partof the human rights protection.The implication of it was then seen toward human rights protection of custom(adat)-law community in land matters field. This was a normative research. As the normative research, it usedprimary, secondary, and tertiary legal materials. The result was the recognition of state on the application ofhuman rights to the right of community on the land with the conditional recognition pattern. As a result, itsimplication extremely depended on the governmental legal politic.
PENINGKATAN MAWAS DIRI KONSUMEN MENGGUNAKAN PRODUK BERLABEL HALAL Mardiyono Mardiyono
Jurnal Cakrawala Hukum Vol 19, No 1 (2014): June 2014
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v19i1.1131

Abstract

The large quantity of goods and service produced by businessmen required customers to be more careful eitherto choose or to use the product, especially to theproduct with label kosher.The action to keep on guard theproduct produced by businessmen did not need special clarification, not only in the practice but it also neededto pay attention on the regulation to avoid loss in using it. Once the customer did a careless thing, he or shewould get an effect later. Customers had got protection for fourteen years based on the regulation No 8 year1999. However, in progress, itrequired customers, stated in regulation as the last customers, to be more carefulespecially in consuming foreign product. Normatively, the kosher of this product had to be tested.
PERADILAN SEBAGAI PILAR NEGARA HUKUM DALAM PERSPEKTIF PANCASILA Sunarjo Sunarjo
Jurnal Cakrawala Hukum Vol 19, No 1 (2014): June 2014
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v19i1.1132

Abstract

Indonesia was constitutional state based on Pancasila. Thus, it was called Pancasila constitutional state.It wasdifferent from Rechtsstaat or the rule of law. All regulations in Indonesia might not contradict Pancasila as thesource of all constitution. Pancasila constitutional state had a special characteristic namely the harmonyrelation between government and people based on harmony principle: functional relation which was proportionalamong the powers; the balance between right and obligation; the guarantee to the freedom of religion inpositive connotation; good relation between religion and state; and the solution principle of disagreementthrough discussion and judicature as the last medium. Based on the last characteristic, it could be known thatthe solution for every quarrel or disagreement that happened was discussion to reach an agreement. If it did notwork, then the judicature as the last way was taken fairly based on value of Pancasila. Besides, judicature alsohad to be done as the principles of good judicature.
ALIH FUNGSI (KONVERSI) PENGGUNAAN TANAH NEGARA DI KOTA MALANG Tri Susilaningsih; Eduardus Marius Bo
Jurnal Cakrawala Hukum Vol 19, No 1 (2014): June 2014
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v19i1.1133

Abstract

Function converse of land that was state land located at APP Tanjung and Veteran, outer stadium, TamanWilis and Rampal court was done based on regional regulation No. 7 year 2001 about RTRW which thearticles did not firmly show the requirement and the procedure of implementation. The function converse ofthis land caused the change of ecology, ecosystem, social cultureand even the social economic imbalance. RTHwhich had experienced the function converse was MATOS, Taman Wilisand MOG. While APP Tanjung,whichthe implementation of the function converse had not happened yet, had a sad view because there was still theremnant of building clearance of SPMA spreading on it although the function of RTH still existed. Rampalcourt which firstly would experience function converse was cancelled because it was maintained by kodamBrawijaya. This court gave more interesting view and freshened even it became RTH to make people healthy.RTH,which the function had been conversed,disappointed people and disordered city management which hadalready been suitable with area mapping. Function converse in Malang city had not been based on firm andclear regional regulation and it had not got the agreement from people, colleges or other governmental instanceslocated in the area around the function converse.

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