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Kajian hukum terhadap peraturan daerah Kabupaten Malang yang berkaitan dengan peningkatan penanaman modal Khotbatul Laila
Jurnal Cakrawala Hukum Vol 11, No 1 (2020): April 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v11i1.4118

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.How to cite item: Laila, K. (2020). Kajian hukum terhadap peraturan daerah Kabupaten Malang yang berkaitan dengan peningkatan penanaman modal. Jurnal Cakrawala Hukum, 11(1), 82-90. doi:https://doi.org/10.26905/idjch.v11i1.4118

Tinjauan Yuridis terhadap Perceraian Menurut Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan Sebagaimana diubah dengan Undang-Undang Nomor 16 Tahun 2019 dan Norma Agama Kristen Protestan William Ricky Ananta; Khotbatul Laila
Bhirawa Law Journal Vol 2, No 2 (2021): November 2021
Publisher : University of Merdeka Malang

The divorce rate in Indonesia is getting higher. come from all classes of Indonesian citizens, both high and low social status, and from different religious backgrounds. In Law Number 1 of 1974 concerning Marriage, the aim is to complicate Divorce, but it also regulates divorce. Teachings on the norms of Protestant Christianity also prohibit Divorce which is an act that is hated by the divine Jesus. The church as an institution that regulates Protestant Christians does not allow divorce decisions made by its congregation. Therefore here the author raises the issue of how the juridical review of Divorce according to the Marriage Act and the christian norms of Protestants and the legal consequences for protestant Christians. This research is normative legal research using legislation approach and comparison approach, therefore this research uses primary, secondary, and tertiary legal materials.Based on the research results, the authors obtained answers to existing problems. Termination of Marriage due to Divorce based on the norms of Protestant Christianity for adherents is legal according to the Legislation, however the church as an institution that regulates its people there is still no certainty regarding Divorce. Protestant churches only assist congregations who want to divorce but do not prohibit them because divorce is a civil right of all Indonesian citizens, but the church is still responsible for its congregation who commits divorce. The legal consequences of divorce are the breaking up of the husband and wife relationship, the consequences for the child, and the consequences for joint property. According to the norms of Protestant Christianity, the result of Divorce is sin.

Pertimbangan Hakim Pengadilan Agama dalam Mengabulkan Permohonan Dispensasi Nikah di Bawah Umur Evi Rohmatzzuhriyah; Kasuwi Saiban; Andi Poerwanto Soedjatmiko; Khotbatul Laila
Bhirawa Law Journal Vol 3, No 1 (2022): May 2022
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v3i1.7969

The submission of a marriage dispensation application is almost the same as the submission of other civil cases, but if the proposed procedure is not fulfilled or is not appropriate when submitting a marriage dispensation application, the application cannot be accepted/rejected. Basically, the dispensation for underage marriage is a marriage that is carried out to make the prospective bride and groom who have not reached the minimum age of marriage, which is at least 19 years for men and at least 16 years for women in accordance with Law No. 1 of 1974 article 7 paragraph ( 1) . However, the consideration of the Sidoarjo Religious Court Judge in the application for a marriage dispensation was based on the benefit principle, in which the judge saw the two prospective brides and if the request was not granted, it was feared that behavior would further violate existing rules and norms, and so that prospective children who will receive justice will be recognized as legitimate children and have complete parents with marital status recognized by the state Dispensation, Marriage, Minors

Kedudukan Uang Panaik sebagai Syarat Perkawinan dalam Adat Suku Bugis menurut Hukum Islam Nadia Ananda Putri; Kasuwi Saiban; Sunarjo Sunarjo; Khotbatul Laila
Bhirawa Law Journal Vol 2, No 1 (2021): May 2021
Publisher : University of Merdeka Malang

Bugis people, south Sulawesi, who are predominantly Muslim before carrying out marriage has a tradition of customs namely Money panaik. Panaik money is the giving of some money from the candidates the bridegroom to the bride’s party as a form of respect and as shopping money, customs traditions in the community,This Bugis tribe is mandatory or as a pre-condition of marriage which if no panaik money means no marriage, panaik money is determine based on the social status of the bride’s family, the level of education woman, up to the physical condition, the higher the status of a woman then the higher the nominal panaik money is determined. In law islam there areno provisions governing panaik money and only oblige the giving of dowry from the male candidate to the female candidate, not there is a provision regarding the size of the dowry but it is recommended that women who well is a woman who does not burden the bridegroom with excessive dowry. This study examines regarding the position of panaik money as a condition of marriage in tribal customs according to Islamiclaw and how the consequences of the marriage law are not qualified panaik money in bugis tribal customs according to Islamic law. This study uses a normative juridical approach. This approach focuses on researching library materials such as relevant laws and other sources. The results of this study are the position of money which is not regulated in Islamic Law, but the law is permissible because it is a form of gift and as long as it is not burdensome to the party giving, but if the demand for panaik money is too high and the prospective groom cannot fulfill it, it causes the marriage to be canceled and eloping, then Islam prohibits something that is superfluous, and the higher the amount of panaik money that can be deliberated as much as possible by theprospective bride and groom.

Perlindungan Hukum Konsumen dalam Transaksi Electronic Commerce melalui Bukalapak Chandra Supriyanto; Hendra Djaja; Diah aju wisnuwardhani; Khotbatul Laila
Bhirawa Law Journal Vol 1, No 2 (2020): November 2020
Publisher : University of Merdeka Malang

E-commerce transactions in this era become one of the business models that are in great demand by the people of Indonesia. The development and progress of information technology is so fast that it causes changes in the activities of human life in various fields which have directly affected the birth of new forms of legal action. Internet support makes online business more attractive to many people, because of the convenience offered. Marketplace or online trading sites become a new choice that offers convenience and security in e-commerce transactions. One marketplace that offers convenience and security in e-commerce transactions is Bukalapak. There is no comprehensive legal protection in accordance with the Rules for the Use of Bukalapak. Consumers are still the weakest party if a problem occurs because the model built contains a standard clause in it. Therefore, the protection of consumers in online buying and selling transactions needs to be considered

Compensation for land rights holders according to the land acquisition law Dhaniar Eka Budiastanti; Khotbatul Laila; Nahdiya Sabrina; Diah Aju Wisnuwardhani; Selvia Wisuda
Jurnal Cakrawala Hukum Vol 13, No 2 (2022): August 2022
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v13i2.7970

The aspect of compensation is very crucial in land acquisition for development for the public interest. The Law of the Republic of Indonesia Number 2 of 2012 concerning Land Procurement for Development in the Public Interest (PTBPKU Law) is "drowned" by the many cases of land disputes that are so complex. The regulations regarding land acquisition contained in the PTBPKU Law are indeed correct, but when viewed in terms of substance, they still leave several separate notes. Several things need to be studied more deeply, primarily related to the basic concept of acquiring land rights for the public interest and compensation assessment. This paper aims to provide legal protection for land rights holders who reject the amount of payment in the PTBPKU Law and compare it with the latest regulation of land acquisition, namely the Job Creation Act. The writing method used is a normative juridical method using the Statute Approach and the Comparative Approach. The PTBPKU Law, as amended by the Law of the Republic of Indonesia Number 11 of 2020 concerning Job Creation, has not been able to fully protect the holders of land rights affected by land acquisition for development in the public interest. Regulators should pay more attention to matters relating to compensation for land rights holders.How to cite item:Â Budiastanti, D., Laila, K., Sabrina, N., Wisnuwardhani, D., Wisuda, S. (2022). Compensation for land rights holders according to the land acquisition law.Â Jurnal Cakrawala Hukum, 13(2), 135-144. DOI:https://doi.org/10.26905/idjch.v13i2.7970.

Tradisi “Sedekah Bumi” dalam Prespektif Perlindungan dan Pengelolaan Lingkungan Hidup Yusuf Eko Nahuddin; Khotbatul Laila; Achmad Reza Wahyudi
Journal on Education Vol 5 No 4 (2023): Journal on Education: Volume 5 Nomor 4 Mei-Agustus 2023
Publisher : Departement of Mathematics Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/joe.v5i4.2559

This study aims to determine the meaning of the almsgiving earth tradition in people's lives and the correlation of the meanings of the almsround earth tradition in the perspective of the value of environmental protection and management. This research method uses normative legal research with a statutory and conceptual approach. As for the results of the research that the almsgiving earth tradition in people's lives in principle has values including the values of hablum minallah, hablum minannas and hablumminal alam, while the meaning of the alms earth tradition has a correlation with the values or principles of environmental protection and management, namely with some values or principles include; the value of sustainability and sustainability, the value of harmony and balance, the value of integration, the value of utilization, the value of prudence, the value of justice, the value of participatory and the value of local wisdom, from this correlation it is hoped that the values of almsgiving can encourage the birth of habits from human awareness as khalifatul fil ardhi to position the environment as a subject that has fundamental rights (human rights as nature/environment) as well as human positions to be protected so that in the end between the environment and humans protect and love one another.

Ease of Access to Proof of Land Ownership as a Principle of Information Disclosure Khotbatul Laila
Jurnal Cakrawala Hukum Vol 14, No 2 (2023): August 2023
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v14i2.10910

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. â€œEase of Access to Proof of Land Ownership as a Principle of Information Disclosure.â€ Jurnal Cakrawala Hukum 14 no. 2 (2023):Â 177-188. DOI: doi.org/10.26905/idjch.v14i2.10910.

Perlindungan Hukum Driver Gofood terhadap Pembatalan Pesanan Oleh Konsumen dengan Metode Cash On Delivery Obbie Alexander Kusumo; Kadek Wiwik Indrayanti; Galih Puji Mulyono; Khotbatul Laila
Bhirawa Law Journal Vol 4, No 1 (2023): May 2023
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v4i1.10339

The development of technology for implementing E-Commerce where Gojek as a Food Delivery Service Provider Application through its partners, namely drivers, problems often arise related to canceling food orders by consumers in the Cash On Delivery (COD) payment method in E-commerce transactions. This study contains a formulation of the problem regarding legal protection for gojek drivers against canceling food orders by consumers with the cash on delivery payment method. Based on the results of research on the legal protection of Gojek drivers against canceling food orders by consumers with the Cash On Delivery payment method where food orders have entered the merchant, payments to restaurants will be deducted from the Gojek balance or payments in cash directly by drivers to merchants. then that is where the end point of the limit for canceling orders by consumers which, if done, will result in default and Article 1243 of the Civil Code applies. So to protect the rights of drivers for canceling food orders by consumers with the cash on delivery payment method and based on the article above, drivers can file civil lawsuits against consumers who have defaulted.

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