Jurnal Cakrawala Hukum最新文献

The Significance of Computer Forensics in Electronic Documents as Evidence in Criminal Law 电子文书作为刑事证据的计算机取证意义

Jurnal Cakrawala Hukum Pub Date : 2023-08-27 DOI: 10.26905/idjch.v14i2.10820

Aris Hardinanto, Barda Nawawi Arief, Joko Setiyono

{"title":"The Significance of Computer Forensics in Electronic Documents as Evidence in Criminal Law","authors":"Aris Hardinanto, Barda Nawawi Arief, Joko Setiyono","doi":"10.26905/idjch.v14i2.10820","DOIUrl":"https://doi.org/10.26905/idjch.v14i2.10820","url":null,"abstract":"Forensic science standards, no crime never leaves traces. Along with the emergence of cybercrime, a new type of evidence emerged as an expansion of conventional evidence in Indonesian criminal procedural law, namely electronic evidence as stated in the Law on Electronic Information or electronic documents whose authenticity can be guaranteed, but there is no further explanation. Further, what is the procedure for guaranteeing its authenticity? Based on this, not all electronic information or documents can be used as evidence. One branch of forensic science that is relevant to proving cybercrimes is computer forensics. The problem that arises is to what extent is the significance of computer forensics to guarantee electronic information or electronic documents as evidence. This article was based on legal research using a conceptual, statutory, and case approach. The result of this study is that computer forensics plays a significant role in the crime of illegal access to electronic devices because it is a tool in criminal procedural law that can be used to guarantee the authenticity of electronic information or electronic documents so that they can be accepted as evidence in court.How to cite item: Hardinanto, Aris, Barda Nawawi Arief, and Joko Setiyono. “The Significance of Computer Forensics in Electronic Documents as Evidence in Criminal Law.” Jurnal Cakrawala Hukum 14 no. 2 (2023):155-166. DOI: doi.org/10.26905/idjch.v14i2.10820.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115664483","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legal Review of Clauses in Fire Insurance Policies 火灾保险单条款的法律审查

Jurnal Cakrawala Hukum Pub Date : 2023-08-27 DOI: 10.26905/idjch.v14i2.10815

Mas Rara Tri Retno Herryani

{"title":"Legal Review of Clauses in Fire Insurance Policies","authors":"Mas Rara Tri Retno Herryani","doi":"10.26905/idjch.v14i2.10815","DOIUrl":"https://doi.org/10.26905/idjch.v14i2.10815","url":null,"abstract":"Insurance is an important thing to have if there is a risk of something detrimental happening. Insurance is regulated in laws and regulations. In addition, setting fire insurance policies based on applicable legal norms will create legal certainty for the parties involved in the insurance agreement. Normative legal research which is often also called doctrinal legal research focuses on activities carried out by examining literature and secondary data in the form of primary and secondary legal materials. The insurance policy contains the terms contained in the insurance agreement. This policy can be considered the same as a clause in a civil agreement. A cause is said to be contrary to the law if the contents of the cause in the relevant agreement are contrary to the law if the contents of the cause in the relevant agreement are contrary to the applicable law. Determining whether the cause of an agreement is contrary to decency (geode seen) is not an easy matter because the term deficiency is very abstract, the contents of which can vary between one region and another or between one community group and another. In addition, people's evaluation of disability can also change according to the times.How to cite item: Herryani, Mas Rara Tri Retno. “Clauses in the Fire Insurance Policy that are by with Legislation in Indonesia s.” Jurnal Cakrawala Hukum 14 no. 2 (2023): 189-199. DOI: 10.26905/idjch.v14i2.10815.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"286 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129188903","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Prevention of Terrorism with a Regulatory Model of Violent-Based Extremism that Leads to Terrorism 以导致恐怖主义的以暴力为基础的极端主义的管制模式预防恐怖主义

Jurnal Cakrawala Hukum Pub Date : 2023-08-27 DOI: 10.26905/idjch.v14i2.10814

Agung Mafazi, H. Sudarmanto, Satriyani Cahyo Widayati, Fauziah Hanum

{"title":"Prevention of Terrorism with a Regulatory Model of Violent-Based Extremism that Leads to Terrorism","authors":"Agung Mafazi, H. Sudarmanto, Satriyani Cahyo Widayati, Fauziah Hanum","doi":"10.26905/idjch.v14i2.10814","DOIUrl":"https://doi.org/10.26905/idjch.v14i2.10814","url":null,"abstract":"Among the reasons behind the occurrence of criminal acts of terrorism is the existence of radical terrorism, which can then develop into violent-based extremism that ends in terrorism. Understanding beyond the limits of normal based on the justification of acts of violence or threats of violence to support the occurrence of criminal acts of terrorism is referred to as acts of violence-based extremism that lead to terrorism. This is under the definition of violence-based extremism that leads to terrorism in article 1 point 2 of the Presidential Regulation of the Republic of Indonesia Number 7 of 2021 concerning the National Action Plan for the Prevention and Mitigation of Violent-Based Extremism Leading to Terrorism 2020-2024, which states that “Violent-Based Extremism Leading to Terrorism are beliefs or actions that use violence or threats of extreme violence intending to support or commit acts of terrorism. The beliefs or actions of these people or groups of people then receive the attention of the State so that efforts can be made to prevent the development of beliefs or actions aimed at supporting terrorism into crimes that can threaten the stability of state security, namely terrorism.How to cite item: Mafazi, Agung, Hery Lilik Sudarmanto, Satriyani Cahyo Widayati, and Fauziah Hanum. “Prevention of Terrorism with a Regulatory Model of Violent-Based Extremism that Leads to Terrorism.” Jurnal Cakrawala Hukum 14 no. 2 (2023): 126-133. DOI: doi.org/10.26905/idjch.v14i2.10814.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117217800","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Local Wisdom as the Basis for Determination of Legislation Related to Public Order 地方智慧:公共秩序立法的确定依据

Jurnal Cakrawala Hukum Pub Date : 2023-08-27 DOI: 10.26905/idjch.v14i2.10843

Abdul Madjid

{"title":"Local Wisdom as the Basis for Determination of Legislation Related to Public Order","authors":"Abdul Madjid","doi":"10.26905/idjch.v14i2.10843","DOIUrl":"https://doi.org/10.26905/idjch.v14i2.10843","url":null,"abstract":"This paper reviews how the mechanism for absorbing local wisdom values in the formation of criminal sanctions in the process of forming regional regulations in districts, namely Ponorogo, Magetan, and Madiun Regencies, East Java Province. This research is empirical legal research using a juridical-sociological approach. Based on the results of the discussion, local wisdom in the studied districts, which is characterized by sociological studies as a Mataraman cultural character, does not exist in the formation of local regulations on public order. It can be seen that there are differences in the determination of criminal sanctions in regional regulations regarding public order. This is because there is still a need for more specific regulations governing the mechanism for forming regional regulations to accommodate the interests of local wisdom to be contained in norms as sanctions in regional regulations. Thus, in the future, it is necessary to develop national standard parameters for making regional regulations and design a linkage mechanism between these standard mechanisms and the legal values of local life that live in society, which can bridge the two domains.How to cite item: Madjid, Abdul. “Local Wisdom as the Basis for Determination of Legislation Related to Public Order.” Jurnal Cakrawala Hukum 14 no. 2 (2023): 114-125. DOI: 10.26905/idjch.v14i2.10843.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116224068","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Normative Problems Guaranteeing the Rights of Labor Fishermen in the Job Creation Law 就业创造法保障劳动渔民权利的规范性问题

Jurnal Cakrawala Hukum Pub Date : 2023-08-27 DOI: 10.26905/idjch.v14i2.10864

Dhaniar Eka Budiastanti, Galih Puji Mulyono, Dewi Ayu Rahayu, Bintang Ulya Kharisma, Selvi Andriani

{"title":"Normative Problems Guaranteeing the Rights of Labor Fishermen in the Job Creation Law","authors":"Dhaniar Eka Budiastanti, Galih Puji Mulyono, Dewi Ayu Rahayu, Bintang Ulya Kharisma, Selvi Andriani","doi":"10.26905/idjch.v14i2.10864","DOIUrl":"https://doi.org/10.26905/idjch.v14i2.10864","url":null,"abstract":"The substance of the Job Creation Act in Indonesia covers all areas of law. This paper only examines the elements of labor law, especially those related to guaranteeing legal rights for labor fishermen in Indonesia. This research is based on legal problems where the legal relationship between fishermen and labor fishermen is from the point of view of the Job Creation Act, so the ultimate goal of this research is to explain the guarantee of labor fishermen's rights. The approach used in this research is normative juridical by collecting data collection tools in the form of normative literacy studies related to these problems. The working relationship between owner and labor fishermen is legal because all these jobs contain elements of an employment relationship. The type of work agreement made between owner fishermen and labor fishermen is a verbal agreement. The legal consequence is that the rights of labor fishermen after the termination of employment are not granted due to the low position of labor fishermen. All workers, especially labor fishermen, should accept the rights in the Job Creation Law.How to cite item: Budiastanti, Dhaniar Eka, Galih Puji Mulyono, Dewi Ayu Rahayu, Bintang Ulya Kharisma, and Selvi Andriani. “Normative Problems Guaranteeing the Rights of Labor Fishermen in the Job Creation Law.” Jurnal Cakrawala Hukum 14 no. 2 (2023): 167-176. DOI: doi.org/10.26905/idjch.v14i2.10864.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"88 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127158062","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Principle of Good Faith in Settlement of Default Disputes Through Judicial Mediation 司法调解解决违约纠纷的诚信原则

Jurnal Cakrawala Hukum Pub Date : 2023-08-27 DOI: 10.26905/idjch.v14i2.10863

Wika Yudha Shanty

{"title":"The Principle of Good Faith in Settlement of Default Disputes Through Judicial Mediation","authors":"Wika Yudha Shanty","doi":"10.26905/idjch.v14i2.10863","DOIUrl":"https://doi.org/10.26905/idjch.v14i2.10863","url":null,"abstract":"Mediation based on good faith is one of the characteristics of the Indonesian nation to resolve disputes that occur, starting from the smallest scope, namely the family, to the large scope, such as in government and statehood. With the birth of the Supreme Court Regulation of the Republic of Indonesia Number 1 of 2016 concerning Mediation Procedures in Court. Focus on this article on the nature and implications of the principle of good faith in resolving default disputes due to the non-implementation of agreements through judicial mediation. So it is hoped that the mediation process can overcome the problem of case accumulation. If a dispute can be resolved through mediation, there is no need for further legal remedies such as appeals, cassation, and even judicial review, which leads to the Supreme Court, so there is a buildup of cases. In addition, the mediation process, which is a non-litigation process, is a faster settlement process and has low costs compared to the litigation process through trial.How to cite item: Shanty, Wika Yudha. “The Principle of Good Faith in Settlement of Default Disputes Through Judicial Mediation.” Jurnal Cakrawala Hukum 14 no. 2 (2023): 223-233. DOI: 10.26905/idjch.v14i2.10863. ","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"432 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122788687","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Model Countermeasures Children which Commit Crimes in Review Restorative Justice 恢复性司法中儿童犯罪的示范对策

Jurnal Cakrawala Hukum Pub Date : 2023-08-27 DOI: 10.26905/idjch.v14i2.10783

Arfan Kaimudin, Hisbul Luthfi Ashsyarofi

{"title":"Model Countermeasures Children which Commit Crimes in Review Restorative Justice","authors":"Arfan Kaimudin, Hisbul Luthfi Ashsyarofi","doi":"10.26905/idjch.v14i2.10783","DOIUrl":"https://doi.org/10.26905/idjch.v14i2.10783","url":null,"abstract":"This study describes the model settlement of cases through non-penal channels for crimes committed by children according to Act 11 of 2012 concerning the Juvenile Criminal Justice System with prioritizing restorative justice so that children who commit crimes are not stigmatized negatively. The Juvenile Criminal Justice System concept has included solving problems in a family manner or for children in conflict with the law, formally known as diversion. Diversion exists to divert the settlement of child cases from the criminal justice process to processes outside criminal justice. Diversion exists to prevent children who conflict with the law from the negative impacts of the criminal justice process on children. United Nations Standard Minimum Rules for the Administration of Juvenile (The Beijing Rules) have provided guidelines to prevent children in conflict with the law from negative impacts, namely by giving law enforcers the authority to take action in handling or resolving the problems the child offenders by not taking courts, among others stopping or not continuing or releasing or returning or handing over to society and other forms of social service activities.How to cite item: Kaimuddin, Arfan, and Hisbul Luthfi Ashsyarofi. “Model Countermeasures Children Who Commit Crimes in Review Restorative Justice.” Jurnal Cakrawala Hukum 14 no. 2(2023): 134-145. DOI: 10.26905/v14i2.10783.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121178160","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Ahlussunnah Wal Jama'ah Communication Forum is an Islamic Political Organizational Movement in Legal Studies Ahlussunnah Wal Jama'ah交流论坛是伊斯兰法律研究领域的政治组织运动

Jurnal Cakrawala Hukum Pub Date : 2023-08-27 DOI: 10.26905/idjch.v14i2.10174

Ridhoni Mirza Nugraha, Gilang Sandhubaya

{"title":"Ahlussunnah Wal Jama'ah Communication Forum is an Islamic Political Organizational Movement in Legal Studies","authors":"Ridhoni Mirza Nugraha, Gilang Sandhubaya","doi":"10.26905/idjch.v14i2.10174","DOIUrl":"https://doi.org/10.26905/idjch.v14i2.10174","url":null,"abstract":"Indonesia's democratic transition post-reformation has changed the pattern of Indonesian politics. There were fluctuations and dynamics of Islamic political power during the New Order era. At the beginning of the New Order, Islam was marginalized from the state. Meanwhile, Islam encountered difficulties developing socio-political ideas because of the repressive New Order regime. It is interesting to note that although the majority of Indonesia's population is Muslim, nationalist political parties dominate every election. This article discusses complex unifying issues causing political turmoil: religion and the state. Much of Indonesia's current research on political Islam focuses on the rise of Islam-based political parties in domestic politics and the significant role of long-standing Islamic organizations such as Nahdlatul Ulama (NU) and Muhammadiyah. This topic is interesting to discuss because it is relatively new, discussing the fundamental issue, in this case, the problem of different understandings of the relationship between religion and the state. The research method used in this study is library research. Data obtained from literature research is used to understand the background, history, goals, and vision of FKAWJ and the political context of Islam in Indonesia.How to cite item: Nugraha, Ridhoni Mirza, and Gilang Sandhubaya. “Ahlussunnah Wal Jama'ah Communication Forum is an Islamic Political Organizational Movement in Legal Studies.” Jurnal Cakrawala Hukum 14 no. 2 (2023): 212-222. DOI: doi.org/10.26905/idjch.v14i2.10174.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122177976","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Ease of Access to Proof of Land Ownership as a Principle of Information Disclosure 作为信息披露原则的土地权属证明易得性

Jurnal Cakrawala Hukum Pub Date : 2023-08-27 DOI: 10.26905/idjch.v14i2.10910

Khotbatul Laila

{"title":"Ease of Access to Proof of Land Ownership as a Principle of Information Disclosure","authors":"Khotbatul Laila","doi":"10.26905/idjch.v14i2.10910","DOIUrl":"https://doi.org/10.26905/idjch.v14i2.10910","url":null,"abstract":"Ease of access to excerpts of the letter C land book as proof of ownership of land rights by the village government in the framework of public information disclosure is urgently needed at this time in order to reduce legal conflicts over land disputes. The research method uses empirical legal research with a sociological juridical approach. The results of the research show that the village government is guided by the provisions of the applicable laws and regulations. The village government publishes a description of the history of the land based on the letter C book in the village to be given to the applicant provided that the applicant is a party that has a legal relationship with the object for which letter C is requested. Obstacles faced by the village government in providing easy access to excerpts from letter C as proof of ownership of land rights in order to realize public information disclosure and an alternative solution, namely the disorganization of village administration, especially in the village letter C book.How to cite item: Laila, Khotbatul. “Ease of Access to Proof of Land Ownership as a Principle of Information Disclosure.” Jurnal Cakrawala Hukum 14 no. 2 (2023): 177-188. DOI: doi.org/10.26905/idjch.v14i2.10910.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129023991","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Principle of Reversing the Burden of Proof in Money Laundering Crimes 论洗钱犯罪举证责任倒置原则

Jurnal Cakrawala Hukum Pub Date : 2023-08-27 DOI: 10.26905/idjch.v14i2.10813

Arief Amrullah

引用次数: 0