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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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PENGIRIMAN E-MAIL SPAM SEBAGAI KEJAHATAN CYBER DI INDONESIA Eka Nugraha Putra
Jurnal Cakrawala Hukum Vol 7, No 2 (2016): December 2016
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v7i2.1906

Abstract

The Internet is part of the development of technology, where the internet provides many impacts, both positive and negative. Currently, privacy issues on the internet have also become a complicated legal issue, this is due to quite a number of privacy-related issues, but not all countries in the world manage privacy issues on the internet. As a means of communicating the Internet has introduced e-mail that provides convenience and practicality. But in its development e-mail has an adverse impact on its users in the form of e-mail spam. In terms of its actions, sending spam e-mail is quite a disadvantage, even violate the privacy. Some countries have also set it to one type of cybercrime (cybercrime). This research will discuss e-mail spam in Indonesia, how the legislation in Indonesia see the action of this spam e-mail, is there any possibility of spam e-mail is criminalized as a cybercrime. The research will also look at how spam e-mails violate privacy and review and analyze internet privacy settings in Indonesia in relation to the criminalization of spam email.
OKUPANSI TANAH DALAM KAWASAN HUTAN YANG DIKELOLA PERUM PERHUTANI DIVRE JAWA TIMUR Hanif Nurcahyo
Jurnal Cakrawala Hukum Vol 7, No 2 (2016): December 2016
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v7i2.1907

Abstract

Occupation by the Magersari community for settlements raises tenure or land disputes within forest areas. The settlement of land rights disputes by the Magersari community for settlement to Perum Perhutani East Java Regional Division is pursued by the Swap of Forest Area Exchanges. The purpose of this study is to find the legal implications of regulation on the mechanism of a land swap in the forest area and to find the constraining factor faced by Perum Perhutani East Java Regional Division in the process of land exchange within the forest area. The research approach is conducted by normative juridical. Subsequently classified and grouped the legal material and analyzed by qualitative juridical. The results of this study that the mechanism of exchange of state forest land for non-forestry interests many obstacles faced by the “magersari” community and Perum Perhutani.Hard difficult to find a replacement land adjacent to the forest. Birocracy permissions that make it difficult and takes a long time. Coordination between related institutions less resulting in overlapping authority.
PENETAPAN DAN PENCATATAN PERKAWINAN BEDA AGAMA DI INDONESIA YANG BERKEADILAN DAN BERKEMANUSIAN Kadek Wiwik Indrayanti
Jurnal Cakrawala Hukum Vol 7, No 2 (2016): Desember 2016
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v7i2.1908

Abstract

The rights of citizens who carry out the marriage of different religions in Indonesia have not been fully protected because Law No. 1 of 1974 on Marriage has not been explicitly regulated. While the data show couples who make marriages of different religions continue to increase. This writing aims to analyze the marriage of different religions from the perspective of human rights and the solution that must be done by the state apparatus to give recognition and protection to the right of marriage partner of a different religion to embrace religion and right to form a family. The results show that the values contained within Pancasila and the 1945 Constitution provide clear protection that the right to embrace religion and the right to form a family is a recognized and protected natural right. The solution that can be done is the legal apparatus should improve its understanding of the legislation, theories, and principles of law and human rights values contained in Pancasila and the 1945 Constitution.
AKIBAT PELANGGARAN OLEH NOTARIS TERHADAP PEMBUATAN AKTA NOTARIIL Lorika Cahaya Intan
Jurnal Cakrawala Hukum Vol 7, No 2 (2016): December 2016
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v7i2.1909

Abstract

The problem that will be discussed in this research is whether the deed made before the notary is legally valid, in case of violation of Article 16 Paragraph (1) Letter (a) of Notary Position Law, how the Notary’s responsibility to the deed already issued by a notary if it does not implement Article 16 Paragraph (1) Subparagraph (a) of the Notary Position Law. The research method used is normative. Based on the result of research in the validity of the deed made before the notary in case of violation of Article 16 Paragraph (1) Subparagraph (a) of Law on Notary Position, as the case of transition or sale and purchase of building on Malang City Government land. Found a deed made by a notary, and has been issued by a notary, in case of violation of Article 16 Paragraph (1) Letter (a) Law on the position of Notary, legally valid. Sanctions only affect the legal subject of a Notary pursuant to Article 16 paragraph (11) that is subject to sanctions in the form of written warning, suspension, dismissal with respect; or dismissal with disrespect.
PERTANGGUNGJAWABAN PIDANA PENCEMARAN LINGKUNGAN HIDUP YANG DILAKUKAN OLEH KORPORASI Muhari Agus Santoso
Jurnal Cakrawala Hukum Vol 7, No 2 (2016): December 2016
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v7i2.1912

Abstract

Research on criminal liability of environmental pollution by corporations, multinational corporations have shown a massive accumulation of wealth and created a wide range of personalities. Whereas in the field of criminal law, which is heavily linked to accountability referred to in the Criminal Code (KUHP) only recognizes individuals as the subject of criminal law. Corporations not yet seen as a subject of criminal law. However, in subsequent developments, it is mentioned in the special criminal law. The relationship with vicarious liability or corporate liability in criminal law can be described as the imposition of criminal responsibility to a person in the capacity of the principal offender, based on the offense or at least an element of offense committed by another person. The person who acts, however, must be responsible only for his actions. It takes firmness to put the corporate criminal responsibility on the environmental offense so that the corporation that carries out negligence in exploiting nature causing pollution can be punished according to its fault. Similarly, socialization is needed to society about the possibility of environmental depictions that must be accounted by the corporation. It is so important to capture community participation in maintaining environmental wisdom.
PERLINDUNGAN DAN PEMENUHAN HAK KORBAN TINDAK PIDANA DALAM SISTEM PERADILAN PIDANA Nahdiya Sabrina
Jurnal Cakrawala Hukum Vol 7, No 2 (2016): Desember 2016
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v7i2.1913

Abstract

The criminal justice system in Indonesia is now more concerned with criminal prosecution so that the rights of victims of criminal offenses are often overlooked. This creates dissatisfaction with the self of criminal act. Because what the victim really wants is not only the punishment of the perpetrator but also the return of the rights he should have before the crime. Through several laws and regulations, namely Law No. 31 of 2014 on the Amendment of Law No. 13 of 2006 on the Protection of Witnesses and Victims that became the main umbrella of the protection of victims of crime, as well as Law No. 23 of 2004 on the Elimination of Violence in the Household, has actually been regulated regarding the protection and rights of victims of this crime. The Witness and Victim Protection Act explicitly places the state through LPSK as the main party providing protection for Witnesses and Victims. However, there are articles in the Law which need further explanation because there are juridical issues of unclear norms that regulate, so there are difficulties when applied in factual cases.
PENERAPAN LAYANAN E-GOVERNMENT DALAM PERWUJUDAN GOOD GOVERNANCE DI PEMERINTAH KOTA MALANG Riski Febria Nurita
Jurnal Cakrawala Hukum Vol 7, No 2 (2016): December 2016
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v7i2.1914

Abstract

Implementation of E-Government in Indonesia and that has been achieved to date, the implementation strategy and E-Government concepts that inevitably require improvements on all sides. The delay in E-Government in development will only make this country away from the ideals of reform, improve the quality of public services to the whole society and ultimately can offend the welfare of society. Implementation of information and communication technology in government and development has become a demand, sooner or later in the era of globalization and regional autonomy that has led to a spirit of openness and empowerment of community potential, the emergence of public expectations of community needs. excellent service and speed Implementation of E-Government in Indonesia, especially in Malang City and the results that have been achieved to date and obstacles that hinder the implementation so that inevitably implementation strategy and E-Government concepts need improvement on all sides should be done as a motivation to build better. The E-Government’s delay in development will only keep the country away from reform ideas, improve the quality of public services to the rest of society and ultimately improve welfare.
PERLINDUNGAN HUKUM TERHADAP WARGA NEGARA INDONESIA NON-PRIBUMI UNTUK MEMPEROLEH KEPASTIAN HAK MILIK Riza Anggun Listya Irawan
Jurnal Cakrawala Hukum Vol 7, No 2 (2016): Desember 2016
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v7i2.1915

Abstract

The ownership of the land ownership in Yogyakarta City is different from other regions because of the implementation of the 1975 DIY Regional Head Instruction on Uniform Policy of Land Rights Provision to a NonIndigenous Indonesian Citizen. As a result Citizens of Chinese descendants residing in the city of Yogyakarta cannot have ownership rights to the land and it is contrary to the principle of nationality in the UUPA which asserts that all citizens can have ownership rights to land in Indonesia without discriminating one’s race or ethnicity. The research method used is empirical juridical research. The dominant factor underlying the difficulties of Chinese citizenship to own property rights to land is caused by the factor of Legal Culture in Yogyakarta City. Prohibition of granting property rights to land for Chinese Citizens resulted in impediments in the implementation of rights and obligations to be performed. Regulations that allow citizens of Chinese descent to be able to own land rights in Yogyakarta City but with restrictions such as the area of land that can be purchased.
MAKNA KESEPAKATAN PARA PIHAK TERHADAP PERUBAHAN MODAL DASAR PERSEROAN TERBATAS Yohana Feryna
Jurnal Cakrawala Hukum Vol 7, No 2 (2016): December 2016
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v7i2.1916

Abstract

The Limited Liability Company regulated by the Government shall issue Government Regulation No. 29 of 2016 concerning Changes in Authorized Capital of Limited Liability Company. The purpose of this journal is to analyze the meaning of the agreement of the parties to the Government Regulation of the Republic of Indonesia Number 29 of 2016, to know the legal consequences of changes in the amount of authorized capital of the Limited Liability Company and to formulate Article in Limited Liability Company Law concerning the amount of authorized capital of Limited Liability Company. Government Regulation of the Republic of Indonesia Number 29 the Year 2016. Government Regulation Number 29 the Year 2016 is the founders of Limited Liability Company can establish Limited Liability Company with authorized capital below fifty million rupiahs provided that the agreement of the establishment of the Limited Liability Company has reached conformity or approval by the parties in the establishment of the Limited Liability Company, the change in the capital stock regulation has the legal effect of the absence of legal protection for third parties and the absence of legal certainty.
ANALISIS TERHADAP FUNGSI BAHASA INDONESIA HUKUM DALAM MEWUJUDKAN KEPASTIAN HUKUM Wika Yudha Shanty
Jurnal Cakrawala Hukum Vol 7, No 2 (2016): Desember 2016
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v7i2.1917

Abstract

Indonesian law is a part of the Indonesian language that has a specificity in the diction and the wording. Indonesian law is not only used by the legal community, especially the legal scholars, but also by the whole society. Implementation of legal language is not only found in legislation, but also in other legal products in law enforcement. Indonesian law is used in legislation, requisition, Polidori, lawsuit, answer, replica, uplink, decision and so on. The practical aspects of law enforcement by judges, prosecutors, advocates, notaries, police, legal journalists. Student law and others. Law is a grand design that is used as a means of control and communication within the community. The movement and work of the law for interaction and communication within the community, in order to improve the quality of life and prevent conflict, should be communicated through the language for the purpose and purpose of law for the enforcement and legal certainty until the community is always maintained its regularity. Indonesian law must be continuously improved in quality, to prevent multiple interpretations or different interpretations. It aims at the upholding of legal certainty, which becomes one among other legal functions such as justice and legal benefit.

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