cover
Contact Name
Galih Puji Mulyono, S.H., M.H.
Contact Email
Galihpujimulyono@unmer.ac.id
Phone
+6285646664788
Journal Mail Official
jurnalcakrawalahukum@unmer.ac.id
Editorial Address
Faculty of Law Building, Terusan Dieng Street 62-64, Malang City, East Java, Indonesia, 65146
Location
Kota malang,
Jawa timur
INDONESIA
Jurnal Cakrawala Hukum
ISSN : 23564962     EISSN : 25986538     DOI : https://doi.org/10.26905/idjch
Core Subject : Social,
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
ASPEK SOSIOLOGIS PERAN SERTA MASYARAKAT DALAM PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP Suriansyah Murhaini
Jurnal Cakrawala Hukum Vol 6, No 2 (2015): December 2015
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v6i2.1459

Abstract

Sociological aspect of society role in environmental management and protection is close related with law andsocial aspect. Environmental management and protection is demanded to develop a integrated system that hasto run obedient and consistent from central to regional. Government role in environmental management especiallyto determine priority, through consider ecological interest, which ended with political decision. Societyroleby individual, NGO or corporation is consequences from right of good and healthy environment thatcanimplemented in administrative procedure. That role is a legal procedure that can efficiently affect to thequalityand decision making process that related to environmental, so that the arrangement is needed toregulateadministratively. Transparency in environment management is really essential, whereas the role is acontinuityfrom transparency can form in objection before decision is made. In the position as society protector,governmentshould has good paradigm in relation with environment. The reflection is making an exact lawregulationand reflect environmental pro political will. The political will that writtenly formed can be saviorofcorrelation between human and environmental and the good comes back to them as well.
PERLINDUNGAN HUKUM TERHADAP SAKSI DAN KORBAN KEJAHATAN DALAM PROSES PERADILAN PIDANA DI INDONESIA Taufik Hidayat
Jurnal Cakrawala Hukum Vol 6, No 2 (2015): December 2015
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v6i2.1460

Abstract

Law enforcement procedure for penal law in indoensia, statment by witnes has one of something imporent for findingthe fact in criminal case, so very importen the witnes and victim protection in procedur penal law. The establishmentof Witness and the Victim Protection Regulation is considered to be very important to protect their individual rights.The formulation of witness protection regulation is a phenomenon in the Indonesian criminal law procedure as thesub-system of penal law. The enforcement of this sub-system will always face the law enforcement officers. In theenforcement of witness protection law, it is found that the witnesses often are not under the protection. Even, theycould turn to be the victims. Thats why the formulation of the policy of witness protection program requires theharmony between the Penal Code and the Criminal Law Procedure. The witness and victim Protection laws are themagnum opus in the development of Indonesian Penal law. This law inspires the Indonesian Human Rights,especially, the witness and the victim rights in the penal law process. Thus, the witness protection program wouldbecome the standard procedures in the formulation of the Indonesian criminal law.
KEKUATAN PUTUSAN HAKIM TERHADAP SENGKETA PERJANJIAN ARBITRASE (Studi Kasus Televisi Pendidikan Indonesia Vs Hari Tanoe) Wika Yudha Shanty
Jurnal Cakrawala Hukum Vol 6, No 2 (2015): December 2015
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v6i2.1461

Abstract

The consequences of arbitrary verdict has to put by good intention from both sides who have chosen to resolutetheir dispute outside the court. It is weird if both sides who chose resolute their dispute to the arbitraryinstitution end up complaining about the institution authority. In other words recognition and effectivity ofarbitrary verdict is relied on both sides who chose arbitrary institution. The contradiction between courtverdict and arbitrary verdict rises a new question about legality of court verdict put by judges, meanwhile thecontract has arbitrary clause which accepted by both sides. The goal and focus of this research is rely on howlegality of arbitrary verdict if in the contract has arbitrary clause to resolute dispute or different opinionbetween them. Achievement indicator of this research is explanation based law regulation if there is arbitraryclause and effect of the verdict if court and arbitrary institution put verdict to the same case.
PERTANGGUNGJAWABAN KEUANGAN PARTAI POLITIK MENUJU TATA KELOLA PARTAI POLITIK YANG BAIK Yusuf Eko Nahuddin
Jurnal Cakrawala Hukum Vol 6, No 2 (2015): December 2015
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v6i2.1462

Abstract

In the era of democracy, political parties have a role and function of constitutionally so dominant, even all leaders candikatan institution is the product of a political party.A political party is a major producer of public officials whoready on distribusikan in various positions in state institutions ranging from landscape president, a member of thehouse of representatives, the heads of the regions as well as various other strategic position. This position ensure asgovernment agencies are the authorities important in the policies concerning public interest.To transformed into amodern party political parties must make efforts the development of party management systems collectively especiallyin trouble financial management a vital organs in the management of party. In any activity kepartaian startofregeneration and no campaign finance regardless of who becomes the main factor of the success of the role andactivitiesof political parties.Because of that, to become a political party that modern cannot not must also be able toconductfinancial management with good.In the sense of starting from the source and the allocation of its financingintheir any activities. In connection with this required to the principles of transparency and accountability, so thatwhenon a management problem the financials for applied able to eliminate prejudice negatively on the party whorelyon the financial means only from a member of.However, this does not preclude the possibility of deviantbehaviorsa member of acts of corruption is the act of subverting. Of course it thereby will erode public confidence intheparty and it is certainly injurious of a party in his place as an organ of democracy nowadays.
KEWENANGAN PENGADILAN MILITER UTAMA DALAM MELAKUKAN PENGAWASAN PERADILAN MILITER Raditya Feda Rifandhana
Jurnal Cakrawala Hukum Vol 7, No 1 (2016): June 2016
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v7i1.1781

Abstract

The State of the Law is identical with the Unitary State of the Republic of Indonesia which has its basis in the RegulationsLegislation namely the 1945 Constitution of the State of the Republic of Indonesia, to the StateUnity of the Republic of Indonesia there are three famous teachings on tries political, namely the executive, legislative and judicative, each of which has authority over the supervision of each institution Unitary State of the Republic of Indonesia. The Judiciary has the supervisory authority on the judicial environment, in this case, is the military court environment which is the authority ofMain Military Court.
REORIENTASI KEBIJAKAN PEMIDANAAN BAGI PENYALAHGUNA NARKOTIKA Setiyono Setiyono
Jurnal Cakrawala Hukum Vol 7, No 1 (2016): Juni 2016
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v7i1.1782

Abstract

Narcotics abuse is a felony offense which is punishable by criminal sanctions. A sentencing policy againstnarcotics abusers regardless of the position of the abuser as an offender or victim may have a negative impacton the coaching process for the abuser itself. In this case, it is necessary to reorient the policy of sanctions againstnarcotics abusers based on the basic idea and purpose of sanctions for narcotics abusers. Such a policy is ademanding situation and condition that can uphold the dignity of the narcotics abuser in society. Therefore,the policy of criminal sanctions in the Narcotics Act needs are depenalization or to be changed into treatmentsanction. Depenalization of criminal sanctions against narcotics abusers can be done through the policy ofnarcotics abusers rehabilitation both medically and socially so that they can escape from narcotic dependencyand can resocialize with the community.
PEMBINAAN NARAPIDANA NARKOTIKA DAN OBAT OBATAN BERBAHAYA (NARKOBA) DALAM PERSPEKTIF KEHIDUPAN RELIGIUSITAS Teguh Suratman
Jurnal Cakrawala Hukum Vol 7, No 1 (2016): June 2016
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v7i1.1783

Abstract

Research on narcotic drug guidelines and dangerous drugs (narcotics) in the perspective of religious life, carried away came out with the result that prisoners in juridical are referred to as those under drug jurisdiction since early caught law enforcement officers and, caught, for allegedly committing drug crimes, behave crimes, against the law, and committing their acts contrary to prevailing norms. The perpetrators under drug jurisdictionDealers in prisons on average have high intelligence, often acts that do not escape even though the officer was caught. In this case, the penitentiary as the final institutionThe sequence in the law enforcement process and the care of illegal drug traffickers, to explore, change their Mindcrime becomes a religious behavior in his life. Attitudes, actions, and the character of drugs are good and well behavedReligious people begin to be submitted to members, parole, and rejected by society views the importance of religious or dependable appreciation as the basis for everyday behavior it has had and is used by illicit drugs, therefore religion is adopted and the course is simple in jargon called the id of Islam card. It lives within its limitations in motion, facility, relationship with the other side, attached to a discipline of strict rules, especially while in a cell prison. But, still with shelter reverted back
PENDIDIKAN PANCASILA, EKSISTENSINYA BAGI MAHASISWA August Hadiwijono
Jurnal Cakrawala Hukum Vol 7, No 1 (2016): Juni 2016
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v7i1.1784

Abstract

This study attempts to analyze the meaning of Pancasila for students and went to analyze Pancasila’s way oncampus. The research is normative research. Development and education of Pancasila need to be done by a collegein order to preserve Pancasila values and planting positive values, contained in it for the young generationespecially students the student who have important and vital. In addition to Pancasila as an ideology andpersonality of the country. Pancasila as a view of life nations must be from early introduced and taught tocommunities Indonesia including college. As forming the intellectual ethical lordship and humanity. The Pancasilapersonality must be personality the youth particularly university students who became generation education.Through education of Pancasila, students will be human first, before entering the lecture which learned. As acitizen of Indonesia who excels in knowledge mastery, but not lost their identity and not drawn from the rootculture her people and his faith. In addition, it can form personally good in social norms and had good in order tobecome very good citizens for themselves, others and this person in daily life. I have values Pancasila in students wecan do it in on several, that is an education channel and the organization and message objectively and subjectively. If the values of Pancasila embedded with both in each individual student will be created Pancasila studentwho understands norms. Pancasila implementation in life on campus was very important it is for the sake ofadvance college to campus can produce graduates Pancasila students cannot be built by the people of Indonesia.
PERKECUALIAN TERHADAP PRINSIP LARANGAN PEMBATASAN KUOTA IMPOR TERKAIT PENANAMAN MODAL DI INDONESIA Resa Raytiaputri
Jurnal Cakrawala Hukum Vol 7, No 1 (2016): June 2016
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v7i1.1785

Abstract

The existence of an exception from the principle of prohibition on quantitative restrictions related to investmentsis still not fully reflect justice, especially for developing countries like Indonesia, there is still available areproach for developed countries or there is multinational companies that have the advantage of capital to takeprecedence over their interests, but all back at a venture and the power of a country especially developingcountries to be able to maintain the sovereignty of his own country from excessive imports.Awareness of thedefeat by developing countries regarding technology and capabilities of the product markets of developedcountries, made the consistency policies be importance and rules of legislation as one of protection for Indonesia’snational interests amid global competition especially in the field of international trade in capitalinvestment.Considering the capital investment is also needed by Indonesia as one of the efforts to build thenational economy and it is very related to international trade.
PEMBERIAN INSENTIF PENANAMAN MODAL SEBAGAI UPAYA DAYA TARIK INVESTASI DI DAERAH Ahmad Zazili; Fathoni Fathoni; Ade Arif Firmansyah
Jurnal Cakrawala Hukum Vol 7, No 1 (2016): June 2016
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v7i1.1786

Abstract

Investment is an important element in the implementation of the economy in regions, that is as efforts to improve economic growth, create jobs, upgrading the development sustainable economic. Not easily attract an investor to invest in the required policies and strategies to attract investors. One policy that you can do is the policy of incentives investment (an investment). This study looked at a policy to invite the investors to invest in the form of investment; incentives that may be given investors to invest in the region. The methodology used normative study done by means of studying regulations be related to investment and legal products associated with local governments. The results showed first, the government has the authority to making policy incentives investment in regional policy; material incentives investment adjustable covering: tax deduction, tax relief, or exemption tax; reduction, lightning, or exemption retribution; fund stimulant; the capital assistance.

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