{"title":"Sistem \"full pre trial disclosure\" dalam penegakan asas peradilan sederhana, cepat, dan biaya ringan","authors":"Wika Yudha Shanty","doi":"10.26905/IDJCH.V11I3.5473","DOIUrl":"https://doi.org/10.26905/IDJCH.V11I3.5473","url":null,"abstract":"Legal principles as basic norms are described as the basis / general guidelines forpositive law / applicable law. One of the legal principle problems that will be discussedby researchers in this research is about the application of principles that arenot in accordance with the reality that occurs in court. There are too many formalitiesthat are difficult to understand, and the rules are not clear, which allows for multiple interpretations and results in fear of proceeding in court. Too many formalitiesare an obstacle to the running of the courts. In this case the problem is notonly in the examination at trial, but also in the settlement of the examination reportat the trial until the signing of the decision by the judge and its implementation. Itoften happens that a case is delayed for years because the witnesses do not come, orthe parties in turn do not come or decide to withdraw from the case. In fact, there areseveral cases that were continued by their heirs. Meanwhile, in terms of costs incourt, the high court costs will cause interested parties to think again and againabout filing a claim to court. Based on this, it can be concluded that the speed withwhich the trial runs will increase the court’s authority and increase public confidencein the court. DOI: https://doi.org/10.26905/idjch.v11i3.5473. How to cite item: Shanty, W. Y. (2020). Sistem“full pre trial disclosure” dalam penegakan asas peradilan sederhana, cepat, dan biaya ringan. Jurnal Cakrawala Hukum , 11(3). 271-281. doi:10.26905/idjch.v11i3.5473.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"923 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123051710","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}
{"title":"Kajian komparatif lembaga penolakan waris dalam perspektif hukum waris adat dan Islam","authors":"Oemar Moechtar, Baren Valentino, Denita Cahyanti Wahono","doi":"10.26905/IDJCH.V11I3.4225","DOIUrl":"https://doi.org/10.26905/IDJCH.V11I3.4225","url":null,"abstract":"Inheritance legal system in Indonesia has legal problems with the absence of an institution that rejects inheritance for the Adat and Islamic inheritance law system. Presently, the institution of inheritance rejection is only known in civil inheritance law system, whereas in the Adat nor Islamic inheritance law system is unfamiliar with this term. Inheritance is a right, rights that belongs to the heir, giving the free will either to accept or reject an inheritance bestowen to the heir which no one can instinctively regulate an individual to accept, use, or reject an inheritance. The purpose of this research is to find solution on antinomy that occurs in Inheritance Rejection on Adat and Islamic Inheritance Law as compared to Inheritance Rejection in civil inheritance law which use research methods through statute approach and conceptual approach. Indonesia Inheritance Rejection arise an issue as the heir who wants to reject the transfer of property through inheritance is unable to do so because there are no legal instruments that accommodate the Inheritance Rejection. Inheritance Rejection only known in civil inheritance law regulated in BW however it’s not yet or even unknown in Adat and Islam Inheritance Law. DOI: https://doi.org/10.26905/idjch.v11i3.4225. How to cite item: Moechtar, O., Valentino, B., & Wahono, D. (2020). Kajian komparatif lembaga penolakan waris dalam perspektif hukum waris adat dan Islam. Jurnal Cakrawala Hukum , 11(3). 291-301.doi:10.26905/idjch.v11i3.42.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114465346","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}
{"title":"Kedudukan hukum dan hak waris anak hasil inseminasi buatan dari ayah yang telah meninggal","authors":"Cindy Olivia Susanto, Siti Hamidah, Rachmi Sulistyarini","doi":"10.26905/IDJCH.V11I3.5475","DOIUrl":"https://doi.org/10.26905/IDJCH.V11I3.5475","url":null,"abstract":"This research aims to analyze Artificial Insemination Children’s Standing anddiscover Their Hereditary Right from a Deceased Father viewed in Indonesia’sPositive Law. Judgment will affect to whether artificial insemination from the deceasedhusband’s sperm can be performed or not. Further, the judgment that decidethe artificial insemination can be performed will affect children’s standing from adeceased father. If the children are born alive, then the standing is legal based on Article 250 of Civil Code, Islamic Law (Sharia law), and customary law. In addition,customary law claims the standing as adopt them on culture. Artificial inseminationchildren’s hereditary right from a deceased father has the right to inherit (asheir). DOI: https://doi.org/10.26905/idjch.v11i3.5475. How to cite item: Susanto, C., Siti Hamidah, S., & Rachmi Sulistyarini, R. (2020). Kedudukan hukum dan hak waris anak hasil inseminasi buatan dari ayah yang telah meninggal. Jurnal Cakrawala Hukum , 11(3). 302-312.doi:10.26905/idjch.v11i3.5475.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122647531","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}
{"title":"Prinsip moralitas merek dalam undang-undang nomor 20 tahun 2016 tentang Merek dan Indikasi Geografis","authors":"Sulthon Miladiyanto, Ariyanti Ariyanti","doi":"10.26905/IDJCH.V11I3.5022","DOIUrl":"https://doi.org/10.26905/IDJCH.V11I3.5022","url":null,"abstract":"The responsibility of the state cannot maintain the morality of the people, one ofwhich is by providing signs in making trademarks for goods and services. Legalresearch with a philosophical approach to get the meaning of Brand must not conflictwith the prevailing morality in society. A moral brand is a brand that limitssociety which is universal regarding the pros and cons of an act of both ratio andtracendetal involving the goal. DOI: https://doi.org/10.26905/idjch.v11i3.5022. How to cite item: Miladiyanto, S., & Ariyanti, A.(2020). Perinsip moralitas merek dalam undang-undang nomor 20 tahun 2016 tentangMerek dan Indikasi Geografis. Jurnal Cakrawala Hukum , 11(3).,241-249. doi:10.26905/idjch.v11i2.5022.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129274439","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}
{"title":"Kajian hukum terhadap peraturan daerah Kabupaten Malang yang berkaitan dengan peningkatan penanaman modal","authors":"Khotbatul Laila","doi":"10.26905/idjch.v11i1.4118","DOIUrl":"https://doi.org/10.26905/idjch.v11i1.4118","url":null,"abstract":"One indicator of the success of efforts to increase economic growth and investment attractiveness is the number of investment activities that exist. Therefore, as an area characterized by cities, investment becomes a very important thing for economic growth in Malang Regency. Investment activities are more focused on efforts to utilize local potentials and increase institutional capacity and develop various investment alternatives. Therefore, the private sector and the community need to be encouraged and improved to develop their businesses, including making choices for development activities. Therefore, the research entitled \"Legal Review of Malang Regency Regulations Related to Increasing Investment\" in Malang Regency is important as one of the efforts of researchers to participate in helping to improve development in Malang Regency in terms of improving regulations and local regulations. DOI: https://doi.org/10.26905/idjch.v11i1.4118.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114984832","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}
{"title":"Implikasi yuridis putusan Mahkamah Konstitusi nomor 93/PUU-X/2012 terkait dengan penyelesaian sengketa perbankan syariah","authors":"Dhaniar Eka Budiastanti","doi":"10.26905/idjch.v11i1.4120","DOIUrl":"https://doi.org/10.26905/idjch.v11i1.4120","url":null,"abstract":"Islamic Banking dispute resolution is an effort to resolve the problem carried out by the bank and the customer, if one of the parties is in default. The settlement of the Sharia Banking dispute is based on Law Number 21 of 2008 concerning Sharia Banking, particularly Article 55 of the Law. After the Constitutional Court gave its decision, through the Constitutional Court's Decision Number 93 / PUU-X / 2012, a legal implication occurred, namely the blurring of norms related to the resolution of Sharia Banking disputes. The writing method used is normative juridical, using the statutory approach (Statue Approach) and case approach. The results obtained related to this writing are the creation of a legal uncertainty related to the resolution of disputes outside the court (non-litigation). DOI: https://doi.org/10.26905/idjch.v11i1.4120.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115820075","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}
{"title":"Reformulasi domain hukum ideologi Pancasila oleh Badan Pembinaan Ideologi Pancasila","authors":"Ferry Anggriawan","doi":"10.26905/idjch.v11i1.4045","DOIUrl":"https://doi.org/10.26905/idjch.v11i1.4045","url":null,"abstract":"The promulgation of Presidential Regulation No. 7 of 2018 concerning the Pancasila Ideology Development Agency automatically results in the legal status of the Pancasila Ideology not only as the basis of the state, but as a state ideology that was ratified through Presidential Regulation No. 7 of 2018 concerning the Pancasila Ideology Development Agency. The legal facts that occur are legal vacancies related to the substance of the ideology's legal domain regulation. The result is that the Pancasila Ideology Development Board (BPIP) which has been given the authority to foster the community in relation to the Pancasila ideology, is not given a legal basis in terms of the ideological substance to be conveyed. Reformulation of the regulation of Pancasila ideology substance is very much needed in this matter, on the one hand it guarantees legal certainty over its legal domain, on the other hand ideology must be applied in accordance with historical roots, philosophies and positive laws that exist in Indonesia. DOI: https://doi.org/10.26905/idjch.v11i1.4045.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"198 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121157618","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}
{"title":"Penegakan Hukum Pidana Perusahaan yang Tidak Memenuhi Kewajibannya dalam Program Badan Penyelenggara Jaminan Sosial","authors":"Didik Lestariyono, Bambang Sugiri, Rachmad Safa’at","doi":"10.26905/idjch.v10i2.3225","DOIUrl":"https://doi.org/10.26905/idjch.v10i2.3225","url":null,"abstract":"There is a gap between das sollen and das sein. Das sollen (legal regulations) in Article 19 paragraph (1) and paragraph (2) jo. Article 55 of the BPJS Law provides criminal sanctions to companies that do not pay BPJS contributions to their workers. However, das sein (in fact / events that occur in the community) companies are not subject to criminal sanctions even though the criminal elements in the BPJS Law have been fulfilled. This study uses an empirical juridical method with a sociological juridical approach. The conclusions of this study are 1) Factors that cause companies not fulfilling their obligations as participants in the program due to the company's lack of discipline in managing finances which should be used as contributions to BPJS program workers and because the relevant stakeholders only provide administrative sanctions to companies. 2) The legal implication for companies is that they are subject to administrative sanctions. 3) Law enforcement efforts carried out by law enforcement officers against companies that do not fulfill their obligations in the BPJS program in Malang Regency are the imposition of criminal sanctions. DOI: https://doi.org/10.26905/idjch.v10i2.3225.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"186 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128607407","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}
{"title":"Perbandingan Perlindungan Data Pribadi Indonesia dan Malaysia","authors":"M. Rizal","doi":"10.26905/idjch.v10i2.3349","DOIUrl":"https://doi.org/10.26905/idjch.v10i2.3349","url":null,"abstract":"The vibrant development of information technology in the business world eliminates the barriers to one's privacy that must be protected. Private data can be accessed by the private sector until it is traded as a field for profit. This results in legal uncertainty to the public regarding the legal protection of personal data managed by the government. This study aims to determine the comparison of personal data protection between Indonesia and Malaysia. This research is a normative legal research, with a legislative approach and a comparative approach. The results of this study are the need for regulations governing the protection of personal data in Indonesia as the Personal Data Protection Act in Malaysia which regulates the choices, goals and limitations in using personal data of the public so that it will avoid abuse or violate the user's privacy rights. And the use of personal data between countries that already have personal data protection laws. DOI: https://doi.org/10.26905/idjch.v10i2.3349.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127144272","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}
{"title":"Politik Hukum: Mencari Sejumlah Penjelasan","authors":"Syahriza Alkohir Anggoro","doi":"10.26905/IDJCH.V10I1.2871","DOIUrl":"https://doi.org/10.26905/IDJCH.V10I1.2871","url":null,"abstract":"The emergence of the field of legal political studies has triggered a new understanding in seeing the law as a product of political power resulting from the process of negotiation and contestation of interests that work through the process of establishing law. Through a historical and theoretical search of the field of the study of legal politics, this article explores the emergence of the concept of legal politics and links it to the intellectual debate behind it. This research uses a short type of invitations (Statute Management of the Poor) to study the fairness of people who are less capable of dealing with justice. This article argues that the rise of “legal politics” studies in the 1990s cannot be separated from the authoritarian political context and background of the New Order which increasingly demonstrates the instrumentalist function of law as a means of maintaining the political power / interests of the regime and the emergence of theoretical needs in the academic world of legal science to theories that represent coherent legal analysis with the social, political and economic context that affect a product of law. DOI: https://doi.org/10.26905/idjch.v10i1.2871.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114494656","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}