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All Journal JURNAL MAGISTER HUKUM UDAYANA Novum : Jurnal Hukum Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Hukum IUS QUIA IUSTUM Jurnal Wawasan Yuridika DE LEGA LATA: Jurnal Ilmu Hukum Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Pena Justisia: Media Komunikasi dan Kajian Hukum Reswara: Jurnal Pengabdian Kepada Masyarakat BERNAS: Jurnal Pengabdian Kepada Masyarakat Jurnal Hukum Lex Generalis Keadilan Jurnal Dedikasi Hukum RechtIdee Keadilan indonesian Journal of Administrative Law and Local Government (IJALGOV) Abisatya LEMBAH: Jurnal Pengabdian Masyarakat
Masnun, Muh Ali
Fakultas Ilmu Sosial Dan Hukum Universitas Negeri Surabaya
Religion Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Dentistry Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Neuroscience Nursing Physics Public Health Social Sciences Veterinary Other

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ASPEK HUKUM PEMENUHAN RUANG TERBUKA HIJAU DAN PENERAPANNYA PADA PERUMAHAN DAN KAWASAN PERMUKIMAN DI KABUPATEN SIDOARJO Nabilah Assa'diyah Tisya; Muh Ali Masnun
NOVUM : JURNAL HUKUM Vol. 10 No. 02 (2023): The Ontology and Axiology of Legal Order: Rights, Duties, and Rational Normat
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v0i0.49183

Abstract

The purpose of this research is to analyze the construction of Article 29 paragraph (2) of Law Number 26 of 2007 concerning Spatial Planning (UUPR) and the implementation of the handover of green open space in Sidoarjo Regency, moreover the implementation of Article 47 paragraph (4) of the Sidoarjo Regent Regulation Number 97 of 2021 concerning Procedures for The Delivery and Utilization of Housing Infrastructure, Facilities, and Utilities related to the handover, especially green open space has not been carried out optimally. This research uses a type of empirical research was used that used a qualitative approach with the use of primary and secondary data which was then collected through literature studies and interviews, then analyzed by descriptive-analysis methods. The results showed that article 29 paragraph (2) of the UUPR can be interpreted that the fulfillment of 20% of public green open space is the responsibility of the city / regency regional government, while private green open space is 10% fulfilled by the community both individually and in groups, private parties, and legal institutions / entities. Besides that why the submission delivery of infrastructure, facilities, and public utilities has not been carried out optimally, due to one of the obstacles that occurs is related to the lack of strict sanctions to enforce developers (developers), so they do not feel that they have an obligation to hand them over.
The Dynamics of The Job Creation Law (Case Study of The Constitutional Court’s Decision Number 91/PUU-XVIII/2020 on The Formal Test Against Law Number 11 Of 2020 on Job Creation) Deva Mahendra Caesar Bimantya; Muh. Ali Masnun
NOVUM : JURNAL HUKUM Vol. 11 No. 01 (2024): The Ontology and Moral Justification of Law: Protection, Accountability, and
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v2i2.54219

Abstract

Law Number 11 of 2020 concerning Job Creation (hereinafter referred to as the Omnibus Law) was enacted and signed by the President on November 2, 2020. The Omnibus Law aims to reform regulations by simplifying the legal framework to address the lack of synchronization among various laws and regulations, as well as eliminating overlapping rules that are considered to hinder the government's objectives. Constitutional Court Decision Number: 91/PUU-XVIII/2020 on the Formal Review of the Job Creation Law, issued by the Constitutional Court on November 4, 2021, granted the petitioner's request for a formal review of the Omnibus Law. On December 30, 2022, the Government issued Government Regulation in Lieu of Law (Perppu) No. 2 of 2022 on Job Creation as a follow-up to Constitutional Court Decision Number: 91/PUU-XVIII/2020. The research conducted in this study is normative, analyzing the judges' considerations in Constitutional Court Decision Number: 91/PUU-XVIII/2020, with a focus on the ambiguity/difference in interpretation among the nine judges regarding Law No. 12 of 2011 and the fulfillment of the urgency element in Perppu No. 2 of 2022. The author adopts a legal and case-based approach and utilizes primary and secondary legal sources to analyze the issues. The author employs a prescriptive method of analysis. In the decision, the judges did not consider the substantive principles of legislation and found that the element of urgent necessity, which compelled the issuance of the Job Creation Perppu, was not fulfilled.
ANALISIS DISPARITAS PUTUSAN HAKIM MENGENAI KONSEP MEREK TERKENAL YANG MEMPUNYAI PERSAMAAN PADA POKOKNYA DENGAN MEREK TERDAFTAR (STUDI KASUS SENGKETA MEREK STARBUCKS) Emilia Lailatul Fitria; Muh Ali Masnun
NOVUM : JURNAL HUKUM Vol. 10 No. 04 (2023): The Ontology and Epistemology of Legal Norms: Judicial Reasoning, Contractual
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v0i0.57420

Abstract

Merek terkenal dirasa belum memiliki payung hukum yang berkepastian hukum. banyaknya sengketa merek yang berkaitan dengan merek-merek terkenal di pengadilan, dengan memanfaatkan pengakuan merek orang lain yang menjadi dasar itikad tidak baik dalam berbisnis. namun penerapan hukum dalam sengketa merek di tingkat pertama pada Pengadilan Niaga dengan tingkat kasasi dan peninjauan kembali pada Mahkamah Agung sering berbeda pada perkara yang sama sehingga sering menimbulkan disparitas putusan. salah satu sengketa merek terkenal yang menjadi sorotan di Indonesia yaitu merek Starbucks melawan merek Sumatra Tobacoo di pengadilan niaga Jakarta Pusat. tujuan dari penelitian ini adalah untuk menganalisis pengaturan merek terkenal di Indonesia serta untuk menganalisis pertimbangan hakim terkait konsep merek terkenal dalam sengketa merek pada tingkat Pengadilan Niaga dalam putusan nomor 51/pdt.sus/merek/2021/pn niaga jkt.pst. dan Mahkamah Agung dalam putusan kasasi nomor 836 k/pdt.sus-hki/2022 dalam sengketa merek Starbukcs. Penelitian ini merupakan penelitian normatif yang menggunakan pendekatan perundang-undangan, pendekatan historis, serta pendekatan kasus. bahan hukum yang digunakan pada penelitian ini bahan hukum primer dan sekunder.
Legal Protection as a Preventive Strategy Against Violence for Female Nurses on the Night Shift Mohamad Caesar Ramadhani; Muh. Ali Masnun
NOVUM : JURNAL HUKUM Vol. 12 No. 03 (2025): Reframing Law as Epistemic and Ethical Praxis: Justice, Certainty, and Normat
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v1i1.59399

Abstract

The aim of writing this research is to analyze the legal protection for female nurses who are employed at night and to describe the obstacles that may occur in implementing legal protection for female nurses who are employed at night at the Mabarrot Hasyimiyah NU Manyar Clinic, Gresik Regency. This research is empirical legal research, which was carried out by looking at the implementation of law according to conditions in society. Based on an analysis of the laws and regulations in Indonesia which regulate protection for female workers who are employed at night, forms of protection for female workers were found, namely getting nutritious food and drinks, maintaining decency and safety while at work, getting pick-up and drop-off transportation for women. female workers going to and from work, Availability of security guards at the workplace, Availability of proper bathrooms with adequate lighting and separate for female and male workers. Based on the research, it was concluded that there are still several factors such as limited operational funds, lack of workers' understanding of their rights, and lack of supervision and guidance from related agencies which are the main obstacles in implementing legal protection for female nurses who work at night.
Compliance of Business Actors Related to Legalization of Company Regulations in Gresik Regency Muhammad Shihabuddin Firdaus; Muh. Ali Masnun; Mohammad Setyo Puji Raharjo
NOVUM : JURNAL HUKUM Vol. 12 No. 02 (2025): The Dialectics of Justice, Legal Certainty, and Expediency in Contemporary Le
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v0i0.60103

Abstract

In Article 108 paragraph (1) of Law no. 13 of 2003 concerning Manpower states that entrepreneurs who employ at least 10 (ten) workers/laborers are obliged to make company regulations which come into effect after being ratified by the Minister or appointed official. Referring to this article, business actors in Gresik Regency who have at least 10 (ten) workers/laborers are required to make and record company regulations with the Gresik Regency Manpower Office. In several companies, especially in Gresik Regency, there are still many companies that have not registered or ratified company regulations owned by the Gresik Regency Manpower Office. This is because business actors do not hesitate and comply with the applicable provisions in the Employment Law. This research uses empirical legal research methods with a qualitative approach to obtain primary data obtained and collected directly in the field by direct interviews with informants, namely industrial relations mediators and business actors. The research results show that: First, legal compliance among business actors is still at its lowest point, namely at the level of compliance where someone will comply with a rule because they are afraid of being sanctioned. Second, the efforts made by the Gresik Regency Manpower Office in complying with the law for business actors are preventive, where the Gresik Manpower Service carries out outreach to several companies with direct visits to companies in the Gresik area.
Legal Protection for Children Working as Domestic Workers Elfira Salma; Muh. Ali Masnun
NOVUM : JURNAL HUKUM Vol. 11 No. 03 (2024): The Epistemic and Normative Being of Law: Protecting Rights, Regulating Pract
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v0i0.62354

Abstract

Domestic workers currently still do not have proper legal certainty as workers in general. Especially for child workers who work in this job, their dignity is not guaranteed to obtain their rights as workers and as children. Often children who work as domestic workers experience discrimination and violence. Based on Article 28B Paragraph (2) of the 1945 Constitution, children have the right to survival, growth, and development, as well as protection from violence and discrimination. This study aims to analyze the urgency of regulating legal protection for children who work as domestic workers and analyze legal protection efforts for children who work as domestic workers. This research uses normative legal research methods. The types of approaches used are statutory approaches and conceptual approaches. Based on the results and discussion of the research, the urgency of legal protection for children working as domestic workers is because children are part of human rights as stated in Article 52 Paragraph (1) of the Human Rights Law. Due to the innocent nature of children, they are vulnerable to acts of exploitation, violence, discrimination, and human trafficking. In addition, there is legal vagueness in the Permenaker PPRT in providing protection for domestic workers. Until now, legal protection efforts by the government have only been through Presidential Decree No. 59 of 2002 and the UUPA.
Legal Review of the Existence of the Coordinating Ministry in The Ministerial System in Post-Reform Indonesia Aufa Dhiya Ulhaq; Muh. Ali Masnun; Carissa Akhlaq Mulia Purnomo
NOVUM : JURNAL HUKUM Vol. 11 No. 04 (2024): Law at the Crossroads of Protection, Participation, and Institutional Integri
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v12i01.69571

Abstract

This research is motivated by the problematic existence of the Coordinating Ministry in the post-reform Indonesian government system, especially related to the unclear regulation of the coordinating mechanism and the unclear boundaries of the formation of the Ministry. The purpose of this study is to legally analyze the existence of the Coordinating Ministry from time to time in various post-reform government cabinets and to provide recommendations regarding ideal arrangements in the future to ensure legal certainty and efficiency of the ministerial structure. The research method used is normative legal with a statutory approach, historical approach, conceptual approach, and case approach. The results of the study indicate that the existence of the Coordinating Ministry, although not explicitly regulated in the 1945 Constitution of the Republic of Indonesia, has become an integral part of the government system through state practices and derivative laws and regulations, such as Law Number 39 of 2008 and its amendments. However, in its implementation, weaknesses were found in the aspects of coordination, politicization of positions, budget waste, and inconsistency in the number of ministries that do not have normative boundaries. This study concludes that it is necessary to reorganize the coordinating ministry system, both in terms of regulations and institutional structure, by emphasizing efficiency, effectiveness, and legal certainty so that national development goals can be achieved optimally.
Legal Reform of Legal Profession Amidst the Development of Artificial Intelligence in Indonesia: The Perspective of Mesu Budi's Philosophy of Law Muh. Ali Masnun; Dicky Eko Prasetio; Denial Ikram; Puja Aqdamuyasyaro P
NOVUM : JURNAL HUKUM Vol. 12 No. 02 (2025): The Dialectics of Justice, Legal Certainty, and Expediency in Contemporary Le
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v12i02.72355

Abstract

The use of Artificial Intelligence (AI) within the legal profession raises significant concerns about whether the extensive application of AI could potentially replace human roles in this field. This study aims to analyze the challenges and dynamics associated with the implementation of AI in the legal profession, and to compare AI regulations across Indonesia, Malaysia, and the European Union. This research is a normative legal study employing conceptual, case-based, and legislative approaches. The findings affirm that AI will not replace the role of humans in the legal profession. As an officium nobile, the legal profession inherently requires moral, humanitarian, and value-based considerations that can only be performed by humans. The presence of "mesu budi"—a concept reflecting comprehensive utilization of IQ, EQ, and SQ—underscores that these facets are uniquely human and cannot be substituted by AI. The comparative analysis of AI regulations between Indonesia, Malaysia, and the European Union reveals that Indonesia's regulatory framework is lagging and lacks specific provisions regarding the use of AI in the legal profession. This study recommends the establishment of dedicated regulations for AI, particularly concerning its application in legal professions and associated accountability measures.
Reconstruction of the Normative Legal Research Paradigm in Responding to Global Challenges: An Epistemological Analysis Muh. Ali Masnun; Dicky Eko Prasetio; Maalikatussofa
NOVUM : JURNAL HUKUM Vol. 12 No. 03 (2025): Reframing Law as Epistemic and Ethical Praxis: Justice, Certainty, and Normat
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v12i03.74364

Abstract

Legal research is essentially a scientific activity conducted by both academics and legal practitioners. Legal research has so far been dominated by a normative approach that focuses on internal analysis of the legal system, although its development has led to various problems. This article aims to propose a legal research paradigm to address global challenges. The analysis results show that there is an urgency to reconstruct the legal research paradigm towards a more comprehensive approach. This approach emphasizes the integration of the strengths of normative analysis with external dimensions through empirical, sociological, and interdisciplinary perspectives. The reconstruction of this paradigm is not intended to replace the normative approach, but rather to expand and enrich legal analysis to make it more contextual, adaptive, and reflective. With epistemological, methodological, and axiological renewal, the legal research paradigm is expected to drive a more substantive, just, and relevant transformation of law to meet the needs of society in the contemporary era.
Water as a Fundamental Right: State Responsibilities and Regional Water Supply System Solutions Muh. Ali Masnun; Noviyanti Noviyanti; Irwan Bagyo Santoso; Bayangsari Wedhatami; Adrianus Abiyoga
Indonesian Journal of Administrative Law and Local Government Vol. 1 No. 01 (2024): INDONESIAN JOURNAL OF ADMINISTRATIVE LAW AND LOCAL GOVERNMENT (IJALGOV)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijalgov.v1i01.35854

Abstract

Management of water resources in Indonesia must actually be based on constitutional provisions which seek to guarantee the fulfillment of the right to water for the community in realizing prosperity. This research aims at the position of PT AB East Java (Perseroda) being given authority and responsibility in managing Probolajang Regional SPAM, in accordance with applicable laws and regulations. This research is normative legal research with an analytical and statutory approach. The research results confirm that the management of water resources in Indonesia is constitutionally subject to the provisions of Article 33 of the 1945 Constitution of the Republic of Indonesia where the state has the authority to regulate, manage, implement policies, and supervise the management of water resources. This has implications for the management of water resources by Regional Companies (Perseroda) which must balance between a profit-based orientation and the provision of public services in the form of providing adequate and quality water resources for the community. PT AB East Java, which has the status of a Regional Company (Perseroda), is an entity owned by the Regional Government of East Java Province which is not only focused on public services but also on achieving profitability.
Co-Authors Adrianus Abiyoga Arinto Nugroho Arinto Nugroho Astrid Amidiaputri Hassyati Aufa Dhiya Ulhaq Bahrul Amiq Bayangsari Wedhatami Benedicta Mary Tiara Florensia Patient Sudin Budi Hermono Carissa Akhlaq Mulia Purnomo Denial Ikram Deny Ardiyan Deva Mahendra Caesar Bimantya Dicky Eko Prasetio Dilla Nurfiana Astanti Dilla Nurfiana Astanti Dina Roszana Dita Perwitasari Elfira Salma Ellectrananda Anugerah Ash-shidiqqi Emilia Lailatul Fitria Eny Sulistyowati Eny Sulistyowati erni kusuma wardani Eva Febriani hananto widodo Hikam Hulwanullah Intan Lovisonnya Irfa Ronaboyd Irwan Bagyo Santoso Maalikatussofa Mahendra Wardhana Mahendra Wardhana, Mahendra Mohamad Caesar Ramadhani Mohammad Setyo Puji Raharjo Muhammad Shihabuddin Firdaus Muklis Al'anam Nabilah Assa'diyah Tisya Noviyanti Noviyanti Nur Faiz Khoirunnisaa Nurul Hikmah Princess Alyssa D. Tee-Anastacio Puja Aqdamuyasyaro P Putri Aininda Radhyca Nanda Radhyca Nanda Pratama Radhyca Nanda Pratama Siti Nur Azizah Sulaksono Sulaksono Syahid Akhmad Faisol Wira Satya Nugraha Wicaksono