Jurnal Cakrawala Hukum
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.
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279 Documents
<![CDATA[IMPLEMENTASI HAK PEKERJA DALAM HAL UPAH DI KANTOR NOTARIS ]]>
<![CDATA[Diah Aju Wisnuwardhani]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 8, No 1 (2017): June 2017 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v8i1.1728
<![CDATA[Traffic law, almost all legal acts require legal guarantees for such actions. One of the legal guarantees is an authentic deed made by a Notary. The Notary attributively has the authority to make authentic deeds, to ratify deeds under the hand as well as to some other authorities regulated by the Notary Law. Implementation of such authority, the notary requires employees (workers) to serve and expedite services provided to the parties or clients of the notary. As workers, notary employees are entitled to wages and other rights as workers as stipulated in the Manpower Act. On the one hand, a notary public, a notary as well as an employer who is obliged to perform wages and other rights of workers as stipulated in the Manpower Act. Working relationships conducted by workers and employers are generally subordinate in nature. The position of the workers in the employment relationship, in terms of economic social is lower than the employer, for the workers need a container to reach the point kesedarajatan with employers. The most prominent civil and political rights needed by every worker is the right to peaceful assembly and assembly.]]>
<![CDATA[PERLINDUNGAN HUKUM BAGI KONSUMEN PADA KASUS KEAMANAN PANGAN OLEH KEJAKSAAN ]]>
<![CDATA[Galih Puji Mulyono]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 8, No 1 (2017): June 2017 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v8i1.1729
<![CDATA[Food safety and safety worth consumption, intended to ensure the safety and security of consumers in the use of goods and services or produce products of business actors so that consumers can avoid physical and psychological losses. Unsafe food products that are circulated and consumed in the community are deliberately made by the perpetrators by ignoring the right of the people to consume food that is safe for their living needs and violate existing legal provisions. Law enforcement in protecting and providing food security to the community is required as a form of law not just existing and enforced to the community but can help realize the true happiness. Law enforcement, in this case, the role of the prosecutor as a public prosecutor is needed to protect consumers and the creation of legal certainty and justice. Legal regulations applicable in the case of consumer protection are not interpreted as partial by law enforcement, but comprehensively with the basis of the main purpose of legal protection for the community. The role of prosecutors in law enforcement should be more considering the adverse impact on long-term consumer health should be considered and accountable to business actors. ]]>
<![CDATA[TANGGUNG JAWAB NOTARIS ATAS AKTA PERNYATAAN KEPUTUSAN RAPAT ]]>
<![CDATA[Jonathan Adi Biran Munandir]]>;
<![CDATA[Thohir Luth]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 8, No 1 (2017): June 2017 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v8i1.1731
<![CDATA[The authority and responsibility of the notary on the deed of Statement of Meeting Decision and to analyze the strength of notary proof of the deed of Statement of Meeting Decision. The method used in this research is normative law research with approach method of legislation. The primary, secondary and tertiary law materials obtained by the authors will be analyzed by using literature techniques using grammatical and logical legal interpretations. The result of research with the above method indicates that Notary of Notary's responsibility to Statement of Meeting Decision is only responsible only for formal truth, while the truth of the contents of the deed is the responsibility of the parties to the notary because the notary does not know and attend the meeting. The Declaration of Decision of the Meeting includes the evidence of letters and including the "Partij Deed" category made by the general officers appointed by oath and against the verification otherwise able to be challenged, without accusing his falsehood, by stating that the statements of the parties concerned are described in full in the deed, but the information is false, meaning that the information given is permitted otherwise.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP KONSUMEN ATAS IKLAN YANG MELANGGAR TATA CARA PERIKLANAN ]]>
<![CDATA[Laila, Khotbatul]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 8, No 1 (2017): Juni 2017 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v8i1.1732
<![CDATA[The process of the birth of an ad is a very important process for a product marketing of a company because advertising is the lifeblood of a company. Advertising process is a very important step to determine the success of a company for its products. There are advertising rules agreed by several parties to create ads. The rule is called the advertising code of ethics which states that advertising must be honest, responsible and not contrary to applicable law is very relevant to the articles contained in the Consumer Protection Act. Therefore, the importance of avoiding fraud done by the producers, it is necessary to include information related to the product in order to protect the interests of consumers. In Indonesia, there are no laws that specifically regulate the advertising, making the rules about advertising is still subject to some rules of law. Consumers have a lot of confusion when going to claim compensation related violations of violations in the advertising world because it is still a blurring the person in charge of the violation.]]>
<![CDATA[ANALISIS KOMPILASI HUKUM ISLAM TENTANG TOLOK UKUR HIBAH YANG DIPERHITUNGKAN SEBAGAI WARISAN ]]>
<![CDATA[Naviri Masma Rahmita]]>;
<![CDATA[Rachmad Budiono]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 8, No 1 (2017): June 2017 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v8i1.1733
<![CDATA[Article 211 The Compilation of Islamic Law describes grants from parents to their children. The issues studied are what benchmarks grants from parents to their children can be counted as inheritance and what are the benchmarks of grants from parents to their children accounted for as grants. This research uses Legislation Approach with normative research type. The legal material of this research is primary, secondary and tertiary legal material. The results that can be concluded in the study of this journal are all gifts that parents give to their children that are not related to the cost of childcare, whether physical growth, spiritual and that pertains to the child's education then the gift is considered as an inheritance. While the benchmark of grants from parents to their children is taken into account as grants are all grants given to parents of parents to their children either giving related to the cost of childcare and education of children as well as gifts that are not related to the maintenance of children and also the education of children, whose nature does not expect the reward of the gift, then the gift is taken into account as a grant.]]>
<![CDATA[ANALISIS YURIDIS TERHADAP YAYASAN YANG TIDAK MENYESUAIKAN ANGGARAN DASARNYA ]]>
<![CDATA[Nury Anisa]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 8, No 1 (2017): Juni 2017 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v8i1.1734
<![CDATA[Foundation is a legal entity consisting of wealth that is separated and destined to achieve certain goals in the field of social, religious, and humanity that has no members. Foundation is a legal institution that has binding legal force. The existence of foundations is recognized in Indonesia both before the introduction of the Foundation Law and after the Foundation Act. The Foundation in its Articles of Association in Article 71 Paragraph 4 of the Law of the Republic of Indonesia Number 28 Year 2004 regarding Amendment of Law of the Republic of Indonesia Number 16 Year 2001 regarding the Foundation argues that a foundation that has not adapted cannot carry out its activities on behalf of the foundation but becomes a associations based on the Civil Code. The foundation which does not adjust the articles of association according to the given time period is null and void and must be liquidated. With respect to null and void, the foundation is not allowed to use the word "foundation" in front of the foundation's name which resulted in the foundation not obtaining the legal entity status and the existence degradation of the foundation's status.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP ANAK LUAR KAWIN DALAM PEMBAGIAN WARIS ADAT TORAJA ]]>
<![CDATA[Olivia Irianty Logo Tadu]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 8, No 1 (2017): Juni 2017 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v8i1.1735
<![CDATA[The Decision of the Constitutional Court of the Republic of Indonesia Number 46 / PUU-VIII / 2010 has a positive impact on outsiders in demanding their rights to their biological father, the position of the child outside the marriage has only a civic relationship with the mother and the mother's family. Issued by the Constitutional Court Decision, the relationship of civility of children outside of marriage is not only related to mother and mother's family but with biological father and his father's family, Toraja's inheritance system has a fair system, if the outsider has no rights, demanding his right to his biological father, by deliberation but if the deliberation can not be resolved then it can be solved by the intervention of the Toraja adat chairman, if masi does not have a bright spot then the outsider can claim his rights in court, but in Adat Toaraja this community masi has a sense of kinship so that masi can be resolved, because if it has come to the village head or customary head then the family will be made into the ingredients of the local community.]]>
<![CDATA[REFORMASI AGRARIA DALAM PERSPEKTIF PERLINDUNGAN LINGKUNGAN HIDUP ]]>
<![CDATA[Samsul Wahidin]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 8, No 1 (2017): June 2017 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v8i1.1736
<![CDATA[The aggregate sector is one of the most complex social issues. This is in line with population growth and the need for natural resources, especially land. The settlement of Agraria disputes to seek legal certainty which has long been untouchable for the settlement of the problem. While the solution to the problem tends to keep pace with the ongoing changes. The solution tends to be temporary. In the case of a solid foundation as a basis for completion, not only for the present but for the future. As a result of these limitations, the various rules that exist and serve as the basis of the law are lagging behind by the reality of society. A far-reaching orientation is from an environmental perspective. As a result of these limitations to this orientation, environmental issues tend to be ignored. Here, the urgency of structuring must start from the beginning, with emphasis on the mindset of the community on the problem of aggregation, in the perspective of lasting environmental protection. It takes a synergy between the question of aggregation on the one hand and the need for an environment-based management orientation on the other side.]]>
<![CDATA[TERBITNYA SERTIFIKAT HAK ATAS TANAH AKIBAT PERALIHAN HAK YANG CACAT HUKUM ]]>
<![CDATA[Tri Susilaningsih]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 8, No 1 (2017): Juni 2017 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v8i1.1737
<![CDATA[The transfer of land rights is a process of transferring the right of ownership of one person lawfully and to the ownership of the new person forever as long as the rights are not transferred. Authentic deeds are the basis or evidence of such transfer of rights made by the land deed. The registration of the transfer of rights is a means of obtaining legal protection from the controlled land. The principle of land registration should reflect a thoroughness of ownership of the land and the rights of third parties affecting it. The transfer of rights as stated in the provisions of Government Regulation No. 10/1961 on Land Registration and Government Regulation No. 24/1997 on Land Registration. Submission by this Deed means that the ownership of the land has been transferred from the old owners of the new ownership and the new owner is obliged to register his land rights in the National Land Agency to obtain legal certainty and legal protection. The proof of ownership is a Certificate. There are times when the issuance of Certificates is due to the transfer of a right or legal disability ground.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP KONSUMEN DALAM TRANSAKSI PEMILIKAN RUMAH DI KABUPATEN MALANG ]]>
<![CDATA[Davy Ananda W.S. Mahmudy]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 7, No 2 (2016): December 2016 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v7i2.1905
<![CDATA[Issues relating to the legal protection of the consumers in homeownership transactions in Malang regency are related to civil law and administrative law. Technical for this matter involves the parties, Notary and the Bank, especially the State Savings Bank. technically, that the transfer of rights (credit oper), must be done through Notary’s office. The main factor is the existence of the obstacles due to the debtor, and prospective new debtors who cannot be reunited and present together to the Bank. Both have transferred rights under their own hands. Of course without notifying the State Savings Bank. In accordance with the above, it is relevant that the bank should immediately take care and deal with the State Savings Bank. The goal is to know with certainty the credit position of the debtor. It is deemed necessary to avoid or anticipate the emergence of problematic credit transfers in the future. The Bank must proactively conduct the necessary verifications to the entire process and documents required.]]>
