Articles
<![CDATA[The Category of Unauthorized Donations Via Tiktok is Included as an Act of Begging in Article 504 of the KUHP ]]>
<![CDATA[Oky Putri Firninda]]>;
<![CDATA[Emmilia Rusdiana]]>
<![CDATA[ NOVUM : JURNAL HUKUM Vol. 12 No. 4 (2025): Law as Normative Rationality: Ontological Foundations of Rights, Governance, a ]]>
Publisher : <![CDATA[Universitas Negeri Surabaya ]]>
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DOI: 10.2674/novum.v12i4.79175
<![CDATA[The development of the times and technology does have a good impact, but it often also creates new problems. One of them is begging that is conducted online. The rules of begging already exist in the Criminal Law and also in several Regional Regulations. However, these regulations do not specifically mention the definition of begging carried out in networks. Begging that is carried out online, so this research raises legal issues of norm ambiguity. The purpose of this research is to find out whether Surabaya Regional Regulation has regulated begging that is carried out in networks. Then it will be examined whether this begging in the network can be subject to Article 504 of the Criminal Code on begging in public or not. The method used in this research is normative juridical. The results of the discussion show that, being in the network can be equated with begging that is often can be equated with begging that we often encounter in public places. So that Article 504 of the Criminal Code can be used to sanction someone who is begging in the network.]]>
<![CDATA[The Harm Principle as a Basis for the Criminalization of Match Fixing in Football Competitions ]]>
<![CDATA[Emmilia Rusdiana]]>;
<![CDATA[Abdul Madjid]]>;
<![CDATA[Milda Istiqomah]]>
<![CDATA[ Ius Poenale Vol. 6 No. 1 (2025) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/ip.v6i1.4423
<![CDATA[The credibility of football has been repeatedly questioned due to allegations of bribery and related violations, as reflected in judicial decisions such as Case No. 51/Pid.Sus/2019/PN.Bnr, which established bribery as the initial act in match fixing. This study, employing normative legal research with legislative and conceptual approaches and analyzed through philosophical interpretation, examines match fixing through the principle of loss as the basis for its criminalization. The findings show that bribery constitutes a mala in se offense, inherently wrongful in nature, and that the principle of loss satisfies the indicators of criminalization by recognizing both material and immaterial harm to society. These results confirm that bribery, with identifiable victims in the community, underlies the complexity of match fixing and provide new insights to raise public awareness..]]>
<![CDATA[Analisis Yuridis Pasal 49 KUHP terkait Pembelaan Terpaksa dalam Studi Putusan Nomor 115/Pid.B/2021/PN Stb ]]>
<![CDATA[Siti Nur Ulyatin Zumaroh]]>;
<![CDATA[Emmilia Rusdiana]]>
<![CDATA[ Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 10 No 2 (2025): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam ]]>
Publisher : <![CDATA[IAIN Langsa ]]>
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DOI: 10.32505/legalite.v10i2.13401
<![CDATA[This study aims to examine the juridical application of Article 49 KUHP through an analysis of Decision Number 115/Pid.B/2021/PN Stb, with particular attention to the judicial assessment of the elements of self-defense. This research employs normative legal research (doctrinal legal research) using a qualitative approach, supported by the statute approach, case approach, and conceptual approach. The primary legal materials consist of statutory regulations and court decisions, while secondary materials include legal doctrines and scholarly publications in criminal law. The findings reveal that the court’s legal reasoning has not fully accommodated the principles of proportionality and contextual interpretation, resulting in an emphasis on formal legal requirements rather than the protective function of self-defense as a justification ground (rechtvaardigingsgrond). This study concludes that a more contextual and proportional interpretation of Article 49 KUHP is necessary to ensure legal certainty, justice, and legal utility in the application of self-defense provisions.]]>
<![CDATA[Strategi Internalisasi Pencegahan Kekerasan Menuju Pengasuhan yang Humanis (Studi di Pondok Pesantren Darul Ulum Magetan) ]]>
<![CDATA[Anisa Deny Setiawati]]>;
<![CDATA[Emmilia Rusdiana]]>;
<![CDATA[Nurul Hikmah]]>;
<![CDATA[Syahid Akhmad Faisol]]>;
<![CDATA[Aditya Wiguna Sanjaya]]>
<![CDATA[ Integralistik Vol. 37 No. 1 (2026): Januari :2026 ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/integralistik.v37i1.36750
<![CDATA[Violence still occurs in the education sector, as well as in Islamic boarding schools. Violence can occur due to a lack of knowledge among students, guardians, and administrators. In contrast, one of the determinants of efforts to eliminate violence in Islamic boarding schools is the policy within the Islamic boarding school environment. One of the spearheads of violence that appears in the Islamic boarding school environment is the parenting pattern in the relationship between the Islamic boarding school and students. This activity aims to identify knowledge about violence and Islamic boarding school policies in preventing violence, with the specific objective of being the initial step in compiling patterns of Islamic boarding school policies. Data collection, based on Focus Group Discussion (FGD) activities, involved 20 students, administrators, parents of students, and caretakers of an Islamic boarding school. The FGD produced patterns of violence and agreement in forming efforts to harmonize various parties in activities at Islamic boarding schools. This activity resulted in increased knowledge about violence and prevention efforts, as well as a commitment from administrators and caretakers to compile humanist Islamic boarding school care management patterns in accordance with the characteristics of Islamic boarding schools and other relevant government policies.]]>
<![CDATA[PERTANGGUNGJAWABAN APARATUR SIPIL NEGARA PADA PENYELENGGARAAN PEMILIHAN KEPALA DAERAH ]]>
<![CDATA[Rizkiyah Putri Maharani]]>;
<![CDATA[Emmilia Emmilia Rusdiana]]>
<![CDATA[ NOVUM : JURNAL HUKUM Vol. 10 No. 01 (2023): Law as a Framework of Social Accountability: Protection, Liability, and the I ]]>
Publisher : <![CDATA[Universitas Negeri Surabaya ]]>
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DOI: 10.2674/novum.v0i0.45542
<![CDATA[Aparatur Sipil Negara (ASN) diduga sering melakukan pelanggaran netralitas dalam pilkada, hal ini dapat dikenakan sanksi kepegawaian sebagaimana diatur dalam Undang–Undang Nomor 5 tahun 2014 Tentang Aparatur Sipil Negara dan Undang-Undang Nomor 10 Tahun 2016 tentang Pemilihan Kepala Daerah. Artikel ini bertujuan untuk memahami pertanggungjawaban aparatur sipil negara sebagaimana dimaksud dalam Pasal 71 ayat (1) Undang-Undang Nomor 10 Tahun 2016 tentang Pemilihan Kepala Daerah. Artikel ini menggunakan metode penelitian hukum yuridis Normatif, dengan pendekatan peraturan perundang-undangan, pendekatan kasus dan pendekatan konseptual. Teori kewenangan tindakan Pejabat ASN yang tidak netral dalam Pilkada, merupakan bentuk penyalahgunaan wewenang karena tidak terdapat: atribusi, delegasi, dan mandat. Mengingat Tindakan pejabat ASN yang mendukung salah satu pasangan calon tidak ada unsur ketiga hal tersebut, maka tindakan tersebut masuk dalam katagori cacat kewenangan.]]>
<![CDATA[Legal Protection for Employment BPJS Participants Who Experience Accidents Outside Routine Routes ]]>
<![CDATA[Fransiska Yuardini Yuardini]]>;
<![CDATA[Emmilia Rusdiana]]>
<![CDATA[ NOVUM : JURNAL HUKUM Vol. 11 No. 01 (2024): The Ontology and Moral Justification of Law: Protection, Accountability, and ]]>
Publisher : <![CDATA[Universitas Negeri Surabaya ]]>
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DOI: 10.2674/novum.v2i2.48532
<![CDATA[Work Accident Insurance (WAI) arises because of concerns over work accidents experienced by workers and possibilty violations commited by the company on safety and health, causing workers not to get claims on Work Accident Insurance (WAI). Work accidents are work accidents that occur in employment relationships, including accidents that occur on the way from home to work or the other way, and diseases caused by the work environment. On this research will discuss the legal protection provided to workers who experience accidents the usual or reasonable routine routes. This study aims to know and describe the legal protection provided if JKK cannot be given to BPJS Employment participants who experience accients outside the routine route and factors that influence the determination for BPJS Employment participants to get benefit to JKK. This research is a normative research with a statutory and conceptual approach and analyzed with descriptive, evaluative, and argumentative techniques. The resukt of research and discussion that if workers experience accidents outside the routine route, there is preventuve legal protection by diagnosing the accident case, represive means protection by means of complaints if workers have mde claims but are not disbursed. And JKK has several criteria regarding work accidents when workers at the time of a work accident based on Ministerial Regulation No. 5/2021.]]>
<![CDATA[Legal Protection for Online Game Users Against Cheating in Championships ]]>
<![CDATA[Wisnu Kuncoro Aji]]>;
<![CDATA[Emmilia Rusdiana]]>
<![CDATA[ NOVUM : JURNAL HUKUM Vol. 12 No. 01 (2025): The Ontology of Law: Protection, Justice, and Normative Reconstruction in the ]]>
Publisher : <![CDATA[Universitas Negeri Surabaya ]]>
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DOI: 10.2674/novum.v3i3.54360
<![CDATA[The development of information technology is experiencing rapid development and has penetrated into all sectors both in terms of economy, business, industry, even in the entertainment world it also has its own technology. One technology that has penetrated the world of entertainment is consoles and video games. Someone plays games with the aim of just entertainment, notinfrequently they play games with the aim of achieving popularity in the game and to achieve the highest score. Seeing the number of enthusiasts in a game, there are time when gamers appear who want an instant achievement, by making system changes or entering fake commands called cheats. The addition of this cheat system in a game makes it easier for players to achieve their goals, but making other players cheat by playing fair causes the game to be unfair. The purpose of this study is to find out the legal regulations for using cheats in the games against the laws in force in the Republic id Indonesia, including the Criminal Code and the ITE Law. The legal sources in this research are literature, legislation, journals, and relates articles, the data collection method in this study used literature study and literature study.]]>
<![CDATA[Settlement of Corruption Crimes on the Basis of Restorative Justice in SE Attorney General Young Special Criminal Number B-1113/F/FD.1/05/2010 Contrary to Article 4 of the PTPK Law ]]>
<![CDATA[Esa Setya Al Akbar]]>;
<![CDATA[Emmilia Rusdiana]]>
<![CDATA[ NOVUM : JURNAL HUKUM Vol. 12 No. 01 (2025): The Ontology of Law: Protection, Justice, and Normative Reconstruction in the ]]>
Publisher : <![CDATA[Universitas Negeri Surabaya ]]>
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DOI: 10.2674/novum.v3i3.55505
<![CDATA[Corruption is an act that can directly or indirectly cause state losses. Current developments, both the quality level of crime and the quantity level of cases are increasing continuously every year. In order to reduce the swelling in the cost of resolving criminal acts in Indonesia, the Indonesian Attorney General's Office issued SE Jampidsus Number B-1113/F/FD.1/05/2010 which discusses Restorative Justice in resolving corruption crimes with relatively small losses prioritized not to be followed up when the perpetrator has returned state financial losses. However, this is contrary to Article 4 of Law No. 31 of 2019 concerning the Eradication of Corruption, which states that the return of state financial losses made by the perpetrator still does not climinate the criminalization of the perpetrator of the crime of corruption. The objective to be achieved is whether the settlement using restorative justice is contrary to Article 4 of the Anti-Corruption Law. This type of research uses normative research using a statutory approach and a conceptual approach. The results of this study use the concept of restorative justice in Resolving corruption using restorative justice is contrary to Article 4 of the PTPK Law because restorative justice only fulfills the element of benefit and does not fulfill the elements of justice and legal certainty.]]>
<![CDATA[Criminal Sanction Policy in Law No. 8 of 1999 on Consumer Protection ]]>
<![CDATA[Siti Nur Aisyiah]]>;
<![CDATA[Emmilia Rusdiana]]>
<![CDATA[ NOVUM : JURNAL HUKUM Vol. 11 No. 01 (2024): The Ontology and Moral Justification of Law: Protection, Accountability, and ]]>
Publisher : <![CDATA[Universitas Negeri Surabaya ]]>
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DOI: 10.2674/novum.v11i01.56579
<![CDATA[Consumer protection is regulated in Law No. 8 of 1999 concerning Consumer Protection, hereinafter referred to as UUPK, this law aims to guarantee legal certainty to provide protection to consumers. It regulates sanctions, including criminal sanctions contained in Article 61 to Article 63. These criminal sanctions are considered imperfect because they should focus more on consumer protection and recovery of losses than criminal prosecution of business actors and are more oriented towards repair and recovery so that they can be more effective in repair losses suffered by consumers. These sanctions are also still not in accordance with the goals of reform in the politics of criminal law. This research aims to be able to optimize the goals in realizing order and justice through law enforcement and provide information regarding the accuracy of the formulation and implementation of criminal law in relation to the purpose of drafting the UUPK. This study aims to analyze legislation in the field of consumer protection associated with the formulation and implementation of criminal law. The research method used in this research is normative juridical research, using a statutory approach (statute approach) and a conceptual approach (conceptual approach). The legal materials used are primary and secondary legal materials. The analysis technique used in this study uses prescriptive analysis techniques. The results of the discussion prove that the formulation and implementation of criminal law in violations in the field of consumer protection shows that the principle of reasonable loss that can be described by the criminal act is not met, the principle of subsidiarity that criminal law is only ultimum remidium), the principle of proportionality in the form of a balance between losses and the purpose of punishment. the principle of legality in the principles of lex certa and lex stricta, and the principle of their practical use and effectiveness related to their enforcement, while the principle that is fulfilled is the principle of tolerance towards the formulation of criminal acts.]]>
<![CDATA[Legal Protection of the Rights of the Suspect Against the Implementation of the Return of the Case File from the Public Prosecutor to the Investigator Repeatedly ]]>
<![CDATA[Fetty Faulina Yekti]]>;
<![CDATA[Emmilia Rusdiana]]>
<![CDATA[ NOVUM : JURNAL HUKUM Vol. 11 No. 02 (2024): The Philosophy of Law in Action: Ontology, Justice, and the Moral Legitimacy ]]>
Publisher : <![CDATA[Universitas Negeri Surabaya ]]>
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DOI: 10.2674/novum.v0i0.61042
<![CDATA[The purpose of this study is to analyze whether or not the Circular Letter of the Deputy Attorney General for General Crimes Number SE-3/E/EJP/11/2020 of 2020 concerning prosecutor's instructions (P-19) at the pre-prosecution stage is carried out once in handling general criminal cases and legal protection for suspects for the return of case files from the public prosecutor to the investigator more than once. This research method is normative juridical. The results and discussion show that pre-prosecution restrictions through Circular Letter of the Deputy Attorney General for General Crimes Number SE-3/E/EJP/11/2020 of 2020 concerning prosecutor instructions (P-19) at the pre-prosecution stage are carried out once in handling general criminal cases are non-binding so that they can be easily deviated from and the form of legal protection for suspects whose rights are violated by the return of alternating case files is that the investigator issues an Order to Terminate Investigation (SP3), provide rehabilitation and coordinate well with the public prosecutor as stated in Article 109 paragraph (1) of Law Number 8 of 1981 concerning the Criminal Procedure Code.]]>
