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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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TANAH SEBAGAI ASET SOSIAL DALAM PERSPEKTIF HUKUM AGRARIA NASIONAL H Joni
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.v7i1.1787

Abstract

The land has a strategic function and status, both socially and economically. National Land Body (BPN) asthe governmental body who works in land sector has to capale of form and created some policies regarding todispute and land conflict. There must be a comperehensive to form development strategy that paradigmcally orphilosophically rely on Indonesia citizen interests. In order to do that, there must be a whole structuritationtoward land form. Technically, it is to utilize information technology development that already become mainneed in society service. Based on that, social asset which is land is physically not added, but the needs is alwaysincreasing, can be managed based on updated values or principles. Those implementation can also be an avantgarde in reaching the nation goals to make land as much for social welfare, justice and sustainability of society,nation, and country of Indonesia.
PERATURAN DAERAH, ANTARA KEPENTINGAN PEMERINTAH PUSAT DAN PEMERINTAH DAERAH Supriyadi, Supriyadi
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.v7i1.1788

Abstract

Regional Regulation as one of law regulation product is an instrument for regulating government matters thatinclude in regional autonomy matters. Especially for Municipal or City Law Regulation, regulating authorityis held on Municipal or City House of Representatives and its leader. Normatively, the existence of Municipalor City Regulation is formed to regulate about the providence government business that includes in regionalautonomy, despite from expose the higher law regulation and regulate the unique character of the region thatdepends on law and norms. The enforcement of the legal regulation is expected to be mean to perceive nationalpolicy and government development program in order to reach national goal. Practically, it is not closechances that the legal regulation from regional formed is not relevant to the natiional goal. When that happened,Ministry of Domestic Affair and Governor can directly cancel the irrelevant law regulation unless Constitutional Court cancels that authority, the Central government no longer has authority to cancel it. It has to be doneby an assessment through Judicial Review under Supreme Court. This condition could be an obstacle in development accelerate, especially in economic sector in term of creating business and investment in the regional area.
PERAN MEDIA MASSA DALAM PENANGGULANGAN KEJAHATAN Eka Nugraha Putra
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.v7i1.1789

Abstract

In crime reduction policies, there are penal and non-penal.Where the penal nonpreventative.Efforts to nonpenal could be shaped anything, the role of mass media in forming the perception of crime and punishment is one.Themass media can do is through news the role of crime and have a partnership with law enforcement agencies.Butthere are still mass media that made the crime of a commodity course, while in conjunction with law enforcementagencies still limited to only as speakers course.The charge news in mass media particularly be caused by theviolence can make the impact fear and not educate people. Writing that is the outcome of research these writerslooked at how the role of media mass reduction policies evil, his involvement in law enforcement agencies and howto strengthen the role of mass media in reduction policies evil.There are several problems in construction mass mediawill the news crime like the use of terminology, the news balanced and the judge.This closely related to construction mass media will news evil, that then will run according to on function preventive.Mass media in the contextof policy penangggulangan evil may be also had a role in restore confidence the community and appreciation tolaw enforcement agencies, media a mass to be establish cooperation with law enforcement agencies.Do not have toa form of cooperation which are formil as long as can appreciate each other profession each and mutuallybeneficial. The role of media masses can also be implemented is all sides law enforcement agencies in constructionnews evil, until there is no law enforcement agencies whose performance be highlighted too big then cause a kindof competition with law enforcement agencies other.
PERLINDUNGAN HUKUM TERHADAP EKSPRESI BUDAYA TRADISIONAL DALAM PERSPEKTIF UNDANG UNDANG HAK CIPTA Hendra Djaja
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.v7i1.1790

Abstract

According to the statistics year 2010 in Indonesia there are more than a thousand nations across Nusantara sothat Indonesia is very rich in diversity of the traditional cultural expressions.The traditional cultural expressions are “intangible culture creation” an ancestral estate that must be maintained, maintained, developed andprotected from exploitation and unilateral claim a foreign country or misappropriation. The creator of thework of cultural expression generally not recognized, so that an obligation to protect the traditional culturalexpressions especially being on the state as copyright holders and to indigenous as caretaker the origin of thebirth of creation culture it. jika ownership of intellectual property in regime trips is individual so that inprotection the traditional cultural expressions ownership of their rights are communal namely to be sharedindigenous caretaker creation traditional culture concerned. As the holder of the power of the traditionalcultural expressions, the government is given the right of the management or a right economic exploitation(economic rights) an expression of the traditional culture of rights moralnya while (moral rights), remain onthe community. The law enforcement abuse of the traditional cultural expressions existing during this is lessexhilarating. Several factors thought to cause the ineffectiveness of law enforcement abuse by foreign partiesclaiming unilaterally cultural expression the traditional. Copyright Act Number 28 Year 2014 expected moreeffective in legal protection the traditional cultural expressions.
TANTANGAN TERHADAP PANCASILA SEBAGAI IDEOLOGI DAN DASAR NEGARA PASCA REFORMASI Husein Muslimin
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.v7i1.1791

Abstract

Pancasila is a basic value from Indonesia as a nation, it is also a basic ground in nation and country life sinceIndonesia independence. Regarding how important the existence of Pancasila, it is must be going through along and hard process to create Pancasila. This paper will highlight and study Pancasila creation as anideology and country basic ground. This paper will also study about Pancasila position after reformation timeand how those ideology implemented in challenging changes in after reformation.
KONSTRUKSI PERTANGGUNG JAWABAN PIDANA LAKI-LAKI ATAS PERBUATAN MENELANTARKAN PEREMPUAN DAN ANAK DI LUAR KAWIN Nahdiya Sabrina
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.v7i1.1792

Abstract

The act of a man releasing responsibility for a woman’s pregnancy outside of marriage is an act that deemeddeplorable in society, and of course, bring harm to women and children. But until this moment there is no rulethat can be used to ensure the perpetrator or to force him to account for the act. By not regulating this act thestate would surely let this act continue so that more and more children become victims. Whereas this act iscontrary to the mandate of law no. 35 the year 2014 regarding the amendment to the law no 23 the year 2002 on childprotection.
PENCEGAHAN TINDAK PIDANA PENCUCIAN UANG MELALUI JASA GATEKEEPER DI INDONESIA M. Arief Amrullah
Jurnal Cakrawala Hukum Vol 6, No 1 (2015): June 2015
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v6i1.687

Abstract

Basically, Gatekeeper is a glorious profession and it has its own ethic code (Code of Conduct). This group does not have so many members (there is the elite). Thus, it can be called as a crime in a profession area, and the criminal is called professional fringe violator. The term of Gatekeeper is aimed to the professionals including lawyers, accountants, and auditors that get involved in helping clients in finance transaction, either nationally or internationally, and also another business transaction for an evil aim, namely Money Laundering as the crime result. In Indonesia, the effort to prevent, to avoid the professional, or avoid being the medium to do Money Laundering has been arranged in a bill about prevention and money laundering elimination. It is one of the weaknesses of law no 8 year 2010 about prevention and money laundering elimination because there is no obligation to report the suspicious finance transaction to PPATK. This weakness is very potential to be exploited by the owners of forbidden treasure to be laundered in a weak country in arranging prevention and money laundering elimination. Gatekeeper pada dasarnya merupakan profesi luhur dan mempunyai Kode Etik (Code of Conduct)-nya masingmasing. Golongan itu tidak begitu banyak jumlahnya (ada ke-elitannya), karenanya dapat disebut sebagai kejahatan di lingkungan profesi, dan penjahatnya dinamakan profesional fringe violator. Penyebutan istilah Gatekeeper tersebut, adalah ditujukan kepada para profesional, yang meliputi lawyers, accountants, dan auditors, yang terlibat dalam membantu clients dalam transaksi keuangan,baik nasional maupun internasional serta transaksi bisnis lainnya untuk tujuan jahat, yaitu pencucian uang hasil kejahatan. Di Indonesia, upaya pencegahan terhadap para professional agar terhindar atau tidak dijadikan sarana untuk melakukan pencucian uang, telah diatur dalam Rancangan Undang-Undang tentang Pencegahan dan Pemberantasan Tindak Pidana Pencucian Uang. namun demikian ketika dalam pembahasan di DPR-RI, ketentuan tersebut telah dihilangkan. Hal itu merupakan salah satu kelemahan dari Undang-Undang No. 8 Tahun 2010 tentang Pencegahan dan Pemberantasan Tindak Pidana Pencucian Uang, karena tidak ada kewajiban untuk melaporkan adanya transaksi keuangan yang mencurigakan kepada PPATK. Kelemahan inisangat potensial dimanfaatkan oleh para pemilik harta haram untuk dicucikan di suatu Negara yang lemah dalam pengaturan pencegahan dan pemberantasan tindak pidana pencucian uang.
KARAKTERISTIK ISLAMIC BANKING DALAM HUKUM PERBANKAN INDONESIA Muhammad Abdul Lathif
Jurnal Cakrawala Hukum Vol 8, No 1 (2017): June 2017
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v8i1.1725

Abstract

The purpose of this study is to examine, describe and analyze holistically, comprehensively on the characteristics of Islamic Banking in Indonesian Banking Law. This research is normative juridical. The result of the research: Islamic banking has the main character that becomes the principle of Islamic Banking system in Indonesia that is the universal view that Islamic banking is applicable to every person regardless of religious difference and economic ability. Variations that the product varies from hajj and umrah savings, general savings, demand deposits, time deposits, profit sharing, buying, and selling. Facilitate that the acceptance and distribution of zakat, infaq, alms, wakaf of virtue fund have ATM facility, mobile banking, internet banking and interconnection among Islamic Banking. It is fair that Islamic banking gives something only to the right and treats something according to its portion. Maslahah Islamic banking is useful and brings virtue to all aspects of life. Transparent Islamic banking activities are very open to all people. as well as honest transactions in executing a contract/ contract. Looking at some of these characteristics, we can understand that Islamic Banking in Indonesia already has a solid initial foundation as an implementation of the Islamic Economic Philosophy.
ITIKAD BAIK PADA PENDAFTARAN HAK ATAS TANAH DALAM SISTEM HUKUM PERTANAHAN Ayu Bimo Setyo Putri
Jurnal Cakrawala Hukum Vol 8, No 1 (2017): June 2017
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v8i1.1726

Abstract

In 1961 the government enacted Government Regulation No. 10 of 1961 on Land Registration, but this regulation can no longer fully achieve maximum results in national development, so it is deemed necessary to make improvements. The purpose of this study is to know and analyze the meaning and benchmarks of good faith in Article 24 Paragraph (2) of Government Regulation No. 24 of 1997 which regulates the procedure of registration of land rights derived from the old right, if evidence is lacking or not at all. This study uses a type of normative juridical research using the approach of legislation and conceptual approach. The meaning of good faith from the experts is not contrary to the existing rules, proper, honest, and does not intend to enrich themselves by harming others. A good measure of faith in the registration of physically controlled land rights uses objective benchmarks in an objective way, if all requirements are met, then it can be said to be in good faith. The procedure provided by this Regulation has provided justice and legal certainty, as the procedure is clear, and if the applicant is proven to do the forbidden, then it may be criminally and civil liable. 
PERLINDUNGAN HUKUM TERHADAP KORBAN TINDAK PIDANA PENIPUAN MELALUI INTERNET Dhaniar Eka Budiastanti
Jurnal Cakrawala Hukum Vol 8, No 1 (2017): June 2017
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v8i1.1727

Abstract

The development of technology in addition to bringing positive impact, in its development also bring negative impact. The crime of using the internet as a means of committing crimes has increased substantially in the State of Indonesia as a form of negative impact. The Internet is used as a means to commit a crime, one of which is fraud. The protection granted by the Law of the Republic of Indonesia Number 19 the Year 2016 on Information and Electronic Transactions in the form of settlement of cases and the provision of criminal sanctions provided to the suspect or defendant. Article 28 paragraph (1) of the Law of the Republic of Indonesia Number 19 the Year 2016 on Information and Electronic Transactions may indicate as the article regulating fraud, but if examined more deeply, the elements contained in Article 28 paragraph (1) Law -The Republic of Indonesia No. 19 of 2016 on Information and Electronic Transactions is still considered less to meet the elements contained in the act that provides fictitious information in terms of sales of goods in cyberspace. Another case with Article 378 of the Criminal Code, which detailed parse elements of acts that provide fictitious information.

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