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Jurnal Cakrawala Hukum
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This is an Open Access Journal

Open Access journal
ISSN (Print) 2356-4962 - ISSN (Online) 2598-6538
Published by Universitas Merdeka Malang

[7 journals]

The potential of money laundering in the regent election in Indonesia
- Authors: M. Arief Amrullah
  Pages: 231 - 241
  Abstract: Advances in information technology and globalization processes make it easier for transnational criminal groups to use the legitimate economy to disguise their operations and facilitate the rapid transfer of proceeds of crime to avoid investigation by law enforcement authorities. One of the prominent activities of organized crime is profiting from the illicit drug trade, corruption, or other results obtained or obtained, either directly or indirectly, through the execution of crimes that occur in the global financial system. This methodology makes the transaction appear as a legal business. Therefore, efforts to eradicate money laundering are a dynamic process, moreover, organized crime perpetrators are constantly looking for new ways to carry out their illegal goals. Money launderers also have the opportunity to submit their financial contributions for local elections (Pilkada). The practice of money laundering in elections is very likely to occur due to conditions that trigger opportunities for organized crime groups to launder money.How to cite item: Amrullah, M.A., (2022). The potential of money laundering in the regent election in Indonesia. Jurnal Cakrawala Hukum, 13(3)231-241. doi:10.26905/idjch.v13i3.8856.
  PubDate: 2022-12-28
  DOI: 10.26905/idjch.v13i3.8856
  Issue No: Vol. 13, No. 3 (2022)
Notary, public official or public official: implications for the position
of notary
- Authors: Cahyani Aisyiah, Diah Aju Wisnuwardhani
  Pages: 242 - 252
  Abstract: The issue to be discussed is whether there is a shift in the position status of a Notary to a Public Official. A notary is a General public Official according to Notary Office Law. Since Indonesia has acceded to the Apostille Convention, it is necessary to clarify the classification of the Notary position and its implications because the Convention applies to the legal product of Publik Officials. This study discusses whether there is a shift in the position of a Notary to a Public Official and its implications for the Notary Deed, considering the provisions regarding General Public Officials and Publik Officials, including the KIP Law. In conclusion, the classification of Notary occupation, for the sake of legal certainty, as stated in Notary Office Law, is General Public Official. From another perspective, if Notary is classified as a Public Official, this would not immediately force or make the Notary obligated to disclose the Notary Deed they made or the confidential information of the Parties who appear before the Notary.How to cite item: Aisyiah, C., Wisnuwardhani, D. A., (2022), Notary, public official or public official: implications for the position of notary. Jurnal Cakrawala Hukum, 13(3)242-252. doi:10.26905/idjch.v13i3.9012.
  PubDate: 2022-12-28
  DOI: 10.26905/idjch.v13i3.9012
  Issue No: Vol. 13, No. 3 (2022)
Legal consequences of adopting children of Indonesian citizens by foreign
nationals
- Authors: Fadilla Dwi Lailawati, Ferry Anggriawan, Sunarjo Sunarjo, Ariyanti Ariyanti, Mohammad Fahrial Amrulla
  Pages: 253 - 261
  Abstract: This study aims to analyze the legal regulations regarding the adoption of children of Indonesian citizens by foreign nationals through a court decision process because in this case, the adoption is not a dispute which is then made into a decision, in accordance with the HIR stating that the decision was taken because of a lawsuit. This means that there must be a dispute between the disputing parties. Government Regulation 54 of 2007 concerning the Adoption of Children, contradicts article 184 HIR and needs to be reviewed because this regulation conflicts with the Criminal Procedure Code. Civil evidence is determined by very restrictive evidence, namely the judge in considering his decision is very fixated on the existing evidence. In this case, formal evidence is an authentic letter, namely a letter issued by an authorized agency made by an official who has been sworn in for an act. However, the letter may become inauthentic if a court decision overturns it; as long as there is no cancellation, the judge is bound by an authentic letter because the evidence is perfect evidence, so if the decision to adopt a child becomes void if there is a court decision that cancels it.How to cite item: Lailawati, F.D., Anggriawan, F., Sunarjo, S., Ariyanti, A., Amrulla, M.F., (2022). Legal consequences of adopting children of Indonesian citizens by foreign nationals. Jurnal Cakrawala Hukum, 13(3)253-261. doi:10.26905/idjch.v13i3.8881.
  PubDate: 2022-12-28
  DOI: 10.26905/idjch.v13i3.8881
  Issue No: Vol. 13, No. 3 (2022)
Juridical review of companies and limited liability companies
- Authors: Henny Yunita Puranto
  Pages: 262 - 271
  Abstract: Limited Liability Companies are formed by at least 2 (two) founders, and their formation is based on an agreement. At the end of 2020, the government issued a law known as the Job Creation Law (after this, referred to as UUCK). UUCK was established to promote economic development and support the business environment in Indonesia. UUCK has a new form of business, individual ownership, by the nature of micro and small businesses. Sole proprietorships were established under the revised UUCK section of the Limited Liability Company Law Number 40 of 2007 (after this referred to as the UUPT), and the revised UUPT contains several provisions that can cause conflicts in the future, one of which is a merger. Greetings. However, regarding establishing an individual business entity that one person can incorporate, this provision does not fulfill the parts of the agreement mentioned in the sense of a corporation. One of the contract conditions is that it must be carried out by at least 2 (two) people. A single company with a new concept requires further research.How to cite item: Puranto, H. Y., (2022), Juridical review of companies and limited liability companies. Jurnal Cakrawala Hukum, 13(3)262-271. doi:10.26905/idjch.v13i3.6086.
  PubDate: 2022-12-28
  DOI: 10.26905/idjch.v13i3.6086
  Issue No: Vol. 13, No. 3 (2022)
Granting a compulsory will to grandfather and grandmother based on
Aristotle's distributive theory
- Authors: Kasuwi Saiban, Titi Rusydiyati Al Kaswy, Fadil SJ
  Pages: 272 - 280
  Abstract: There is no legal basis for giving testament wajibah to a grandparent in Indonesia. However, the Religious Courts of Tarakan, in decision number: 610/Pdt.G/2014/PA.Trk. the judges gave testament wajibah portion of the inheritance to the grandparent because the heir’s mother blocked their position and the parenting role carried out by the grandparent since the mother left the heir, and her existence was unknown. The judge’s decision must consider the principles of legal certainty, benefits, and a sense of justice for the parties. Therefore, this research focuses on the judge’s legal reasoning in decision number: 610/Pdt.G/2014/PA.Trk. and how the judge’s decision is seen from the perspective of Aristotle’s distributive justice theory. This research is juridical-normative with cases and conceptual approaches. The results showed that the judge’s legal reasoning through the process of de heuristic and de legitimate, legal basis that judges used are the holy Qur’an, hadith, KHI, and Islamic law. The judges consider the role of grandparents during the heir to life. And giving testament wajibah to grandparents is considered fair based on Aristotle’s distributive justice theory because they have fulfilled the proportional principle requirements.How to cite item: Saiban, K., Al Kaswy, TR., SJ, F., (2022). The granting of compulsory wills to grandparents in judgment number: 610/Rev.G/2014/PA.trk is based on Aristotle's distributive theory. Jurnal Cakrawala Hukum, 13(3)272-280. doi:10.26905/idjch.v13i3.8855.
  PubDate: 2022-12-28
  DOI: 10.26905/idjch.v13i3.8855
  Issue No: Vol. 13, No. 3 (2022)
Legal protection for consumers whose certificates are collateralized by
the developer
- Authors: Johanes Rodo Mulia, Eko Wahyudi
  Pages: 281 - 290
  Abstract: This study analyzes the Consumer Protection law in adequately protecting home buyers at Violet Garden, Bekasi. These consumers are faced with losing their house certificates because they have guaranteed them to a non-pawnbroker bank (Maybank). Finally, the Central Jakarta Commercial Court ruled that the developer was bankrupt because he was unable to pay his debts. The curator invites the buyer to participate in paying off the developer's debt, which amounts to approximately fifty percent of the purchase price. This investigation uses a normative juridical approach, namely a truth-seeking procedure based on the logic of legal studies from a normative point of view. The results of this study are that banks must protect consumer rights and not cause problems that result in material losses experienced by consumers. Consumers can file lawsuits because the parties responsible for this case are PT Bank Rakyat Indonesia Tbk, PT Bank Tabungan Negara Tbk, and PT Nusuno Karya, and the element of tort has been fulfilled. However, currently, there are no regulations that strictly regulate how a house can be sold by a developer so that the state can protect consumers.How to cite item: Mulia, JR., Wahyudi, E., (2022). Legal protection for consumers whose certificates are collateralized by the developer. Jurnal Cakrawala Hukum, 13(3)281-290. doi:10.26905/idjch.v13i3.8389.
  PubDate: 2022-12-28
  DOI: 10.26905/idjch.v13i3.8389
  Issue No: Vol. 13, No. 3 (2022)
Analysis of used clothing business competition with predatory pricing in
the local clothing industry
- Authors: Maria Eleonora Novena Pritasari
  Pages: 291 - 299
  Abstract: This research intends to examine juridically about used clothes that are offered with relatively cheap quality. This business is developing in Indonesia and can even kill the local clothing industry because the price difference is very large. This clothing business can weaken the local industry in the small and medium market, especially when local entrepreneurs want to improve the quality of their products so that they cannot compete with foreign products. Sales of used clothing due to low prices indicate competitive prices. The strategy of selling products at higher prices worries the Indonesian government because it can lead to unfair business practices. The approach is normative jurisprudence, namely the study of legal basis and standards. The results of this study indicate that the sale of used clothing is not part of predatory pricing practices. However, selling used clothing at relatively low prices reduces consumer interest in local products and can hurt the economy of the local clothing industry.How to cite item: Pritasari MEN., (2022). Analysis of competition between used clothing business activities with predatory pricing in the local clothing industry. Jurnal Cakrawala Hukum, 13(3)291-299. doi:10.26905/idjch.v13i3.8912.
  PubDate: 2022-12-28
  DOI: 10.26905/idjch.v13i3.8912
  Issue No: Vol. 13, No. 3 (2022)
The validity of the notary's self-safety clause in the notary deed
- Authors: Natalia Budiman, Ni Made Ayu Sekar Kinasig, Tang Monica Christina Pangandaheng, Aida Qothrin Nada
  Pages: 300 - 307
  Abstract: The results of this study show that the self-security clauses listed by the notary in the deeds did not violate the provisions of laws and regulations, especially the UUJN. That is, the clause is validly stated on the condition that the notary lists the clause based on the statements of the complainants and that the statements or statements and supporting documents as a reference for making a notarial deed are valid, so if in the future it is known that there are wrong things, then the notary can use the clause as a form of effort to secure themselves or as a form of notarial resistance if the notary is used as a witness, the suspect/defendant, the defendant/co-defendant because of the deed he made. Juridically, the notary's self-protection clause does not have the legal force to bind third parties such as prosecutors, public prosecutors, or judges, so the clause cannot provide legal immunity for the notary if the notary can indeed be proven guilty in advance of the court. The clause only applies to notaries who have carried out the position's duties, especially in doing deeds by the provisions of the UUJN and laws and regulations.How to cite item: Budiman, N., Kinasig, N.M.A.S., Pangandaheng, T.M.C., Nada, A.Q., (2022). The validity of the notary's self-safety clause in the notary deed. Jurnal Cakrawala Hukum, 13(3)300-307. doi:10.26905/idjch.v13i3.8616.
  PubDate: 2022-12-28
  DOI: 10.26905/idjch.v13i3.8616
  Issue No: Vol. 13, No. 3 (2022)
The social work criminal law policy reduces the overcapacity of
correctional institutions
- Authors: Romi Saputra
  Pages: 308 - 315
  Abstract: This study discusses the imposition of a sentence against a person who commits a crime which is a very important part of realizing a good criminal justice system, in this case, the judge must be able to choose the right type of punishment for the perpetrator. The alternative to imprisonment, in this case, social work punishment, provides for the fact that prison sentences are increasingly being criticized due to humanitarian considerations, philosophical considerations, and economic considerations. Criticism of the negative consequences of imprisonment has given rise to thoughts of looking for an alternative to imprisonment, even though imprisonment can be justified in terms of crime prevention and public safety. Social work criminal acts for perpetrators of minor crimes can fulfill elements of development and provide protection to society. Guidance elements that are oriented toward individual criminal offenders who are convicted of social work offenders are protected from negative impacts such as being labeled as offenders by society and loss of self-confidence.How to cite item: Saputra, R., (2022), The social work criminal law policy reduces the overcapacity of correctional institutions. Jurnal Cakrawala Hukum, 13(3)308-315. doi:10.26905/idjch.v13i3.6512.
  PubDate: 2022-12-28
  DOI: 10.26905/idjch.v13i3.6512
  Issue No: Vol. 13, No. 3 (2022)
Legal protection for sea transport passengers
- Authors: Romi Wahyudi, Dewi Astutty Mochtar
  Pages: 316 - 324
  Abstract: In terms of transportation, safety and security issues are of particular concern. The shipping safety and security system is an important factor that must be considered and as a basis and benchmark for decision-making in determining the feasibility of shipping both in terms of facilities in the form of ships and infrastructure such as navigation systems, and the human resources involved in it. Indonesia has sovereignty over the entire Indonesian sea area, so the sea has a significant role in both the means of unifying the nation and the territory of the Republic of Indonesia, as well as the sea as an invaluable asset of the nation and the future of Indonesia. The efforts that can be made in maximizing legal protection for passengers are to improve the legal system in the shipping sector, including the substance of the provisions regarding shipping, which are further enhanced in the form of sanctions against companies, the addition of providing adequate and comfortable facilities and infrastructure for passengers, especially in the field of legal protection against losses incurred. suffered by passengers, sometimes the transportation company pays less attention to passengers who suffer losses.How to cite item: Wahyudi, R., (2022). Legal protection for sea transport passengers. Jurnal Cakrawala Hukum, 13(3)316-324. doi:10.26905/idjch.v13i3.7490.
  PubDate: 2022-12-28
  DOI: 10.26905/idjch.v13i3.7490
  Issue No: Vol. 13, No. 3 (2022)
Juridical review of construction contract disputes in Indonesia
- Authors: Supriyadi Supriyadi, Mohammad Gufron AZ, Kadek Wiwik Indrayanti
  Pages: 325 - 336
  Abstract: Nowadays, the method of resolving disputes through the judiciary has received very sharp criticism from practitioners and legal theorists. The roles and functions of the judiciary are considered to be heavy, slow, take a long time, cost a lot of money, unresponsive in seeing the public interest, and too formal and technical. The problem to be raised in this research is how to resolve construction work contract disputes in Indonesia as regulated in Law Number 2 of 2017 concerning construction services and how to compare construction work contract dispute resolutions through adjudication and arbitration. The results of this study are Based on the description in the Discussion section. It is concluded that the Construction Services Act only stipulates one settlement mechanism, namely dispute resolution out of court (non-litigation). Even in the Construction Work Contract, there is no room to make efforts to resolve disputes through court institutions. Thus, the philosophy (spirit) carried is the concept of a "win-win solution." The stages of dispute resolution efforts include mediation, conciliation, and arbitration. Implementing mediation, conciliation, and arbitration may refer to Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution.How to cite item: Supriadi, S., Gufron AZ, M., Indrayanti, KW., (2022). Juridical review of construction contract disputes in Indonesia. Jurnal Cakrawala Hukum,13(3)325-336. doi:10.26905/idjch.v13i3.8916.
  PubDate: 2022-12-28
  DOI: 10.26905/idjch.v13i3.8916
  Issue No: Vol. 13, No. 3 (2022)
Socio-legal study of community pathology in the social space
- Authors: Teguh Suratman, Wika Yudha Shanty
  Pages: 337 - 346
  Abstract: The human instinct to be better than others causes various deviations; the instinct for eating, power, sexuality, selfishness, Etc. Contributes to various forms of ignorance/deviations, which are called social diseases. Diseases of society are part of social life that is always present in society. Therefore, its existence is a common problem and requires a joint solution. Currently, people's awareness of social ills has diminished, so the condition is very alarming; as can be seen at every crossroads, there are many beggars, homeless people, and disabled people; it even happens in schools—early childhood. Therefore, the concern of all levels of society is needed to be involved in solving and overcoming this problem. The problem of children at this time is not only a problem for families, society, and the nation, but it has also become a world problem, which also involves world institutions. Therefore, the problem of children today is a serious and global problem. For this reason, it is necessary to pay attention to all elements of society so that they take part in dealing with and alleviating these problems.How to cite item: Suratman, T., Shanty, WY (2022), Socio-legal study of community pathology in the social space. Jurnal Cakrawala Hukum, 13(3)337-346. doi:10.26905/idjch.v13i3.8880.
  PubDate: 2022-12-28
  DOI: 10.26905/idjch.v13i3.8880
  Issue No: Vol. 13, No. 3 (2022)