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Legal Protection for Commercial Sex Workers as Victims of Sexual Violence in Surabaya Hadi Widodo Saputro; Gelar Ali Ahmad
NOVUM : JURNAL HUKUM Vol. 12 No. 01 (2025): The Ontology of Law: Protection, Justice, and Normative Reconstruction in the
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v3i3.56683

Commercial sex workers (CSWs) are vulnerable to sexual violence as they engage in a profession that involves providing sexual services to meet the biological needs of their clients. However, crimes often occur outside the agreed-upon terms or in cases where no agreement on the exchange of services has been made, resulting in harm to workers who often engage in CSW due to economic necessity. Thus, clear and robust legal protection is necessary to maximize justice and achieve legal certainty as the aim of criminal law for both victims and non-victims, thus minimizing future incidents. This research employs an empirical juridical method, utilizing an online questionnaire distributed through social media platforms such as Twitter and Instagram to collect data, as well as conducting direct interviews with victims and law enforcement personnel to gain accurate information based on field observations. The results include various forms of protection afforded to the victims, as well as an explanation of the challenges faced during the awareness-raising process within the community regarding sexual violence. This high level of awareness is crucial to ensure that individuals are no longer indifferent or ashamed to protect or assist close relatives who may be victims of sexual violence within their immediate communities. Especially in Surabaya.

Disparity of Judges' Decisions in the Case of Binary Option Affiliator Doni Salmanan Compared to Indra Kenz (Decision Number 1/Pid.Sus/2023/PT Bandung vs Decision Number 117/Pid.Sus/2022/PT Banten) Cahyo Tri Laksono; Gelar Ali Ahmad
NOVUM : JURNAL HUKUM Vol. 12 No. 01 (2025): The Ontology of Law: Protection, Justice, and Normative Reconstruction in the
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v3i3.56818

This study examines the issue of criminal disparity in two court decisions involving binary options affiliators: Doni Salmanan and Indra Kenz. The disparity lies in the differences in both principal and additional criminal sanctions, raising concerns about fairness and consistency in sentencing. The research aims to identify the judges’ considerations that led to such disparity and analyze the contributing factors behind the differences in punishment. Using a normative legal research method with statutory and case approaches, the study applies a prescriptive analysis to formulate arguments. The findings show that the primary cause of disparity is the lack of minimum sentencing provisions, which grants judges wide discretion, as the applicable laws only stipulate maximum penalties. Contributing factors include both external elements—such as the nature of the crime, aggravating and mitigating circumstances, the defendant’s demeanor during trial, and motives—and internal factors, particularly the legal framework itself. The study concludes that additional regulation is urgently needed, especially in the ITE Law (Law No. 19 of 2016), to guide the imposition of additional punishments. This is crucial given the increasing number of online trading fraud cases where assets are often returned to perpetrators or confiscated without clear legal direction. Therefore, the formulation of sentencing guidelines for additional penalties is recommended to ensure justice and prevent further harm to the public.

Criminal Liability of Users of Electronic Advertising Services that are Fraudulent in the Advertising Program of Electronic System Providers Ilham Giri Wijaya; Gelar Ali Ahmad
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

Law enforcement related to advertising fraud in the digital environment faces challenges in regulation, vague interpretation of the ITE Law, and the need for cooperation between the government, system organizers, and consumer awareness. The purpose of this study is to examine and analyze the criminal liability of electronic advertising service users who place fraudulent advertisements on the advertising program of electronic system providers and the legal consequences faced by electronic advertising service users who place fraudulent advertisements on the advertising program of electronic system providers. This research uses normative legal research methods that use statutory and conceptual approaches to answer the problem of criminal liability of electronic advertising service users for fraudulent content on official advertising programs for electronic system providers. Primary legal materials used include laws and regulations related to electronic systems and secondary legal materials in the form of legal literature and scientific journals. Analysis of legal materials is carried out descriptively prescriptively to find answers to the problems raised. The results show that in the context of using online advertising services in Indonesia, the installation of fraudulent advertisements on the advertising program of electronic system providers has the potential to face criminal sanctions such as prosecution, fines, or imprisonment, in accordance with the ITE Law, Criminal Code, Consumer Protection Law, and Broadcasting Law. Individuals and corporations involved in this practice may also face administrative sanctions, revocation of business licenses, and civil lawsuits. These serious legal consequences can include significant financial penalties and serious reputational damage, in addition to possible revocation of operating licenses as electronic system operators. Both subjects may face serious legal implications for harming consumers and violating applicable electronic advertising laws.

The Urgency of Ratification of the International Convention for the Protection of All Persons from Enforced Disappearance in the Enforcement of Human Rights in Indonesia Monalisa Indah Ronauli; Gelar Ali Ahmad
NOVUM : JURNAL HUKUM Vol. 12 No. 01 (2025): The Ontology of Law: Protection, Justice, and Normative Reconstruction in the
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v1i1.59754

The mechanism of enforced disappearance is regulated in Law No. 39 Year 1999 on Human Rights and Law No. 26 Year 2000 on Human Rights Court, but in the law the definition of enforced disappearance is still unclear, there is no active subject and there is no element of degrading human dignity in crimes against humanity. This study was conducted to analyze the urgency of ratification of the International Convention For The Protection Of All Persons From Enforced Disappearance (ICPPED) in upholding human rights in Indonesia and to examine the legal protection of victims and families of victims of enforced disappearance. This research uses normative juridical research method by using laws and regulations and legal science concepts as the basis of analysis. As for the research results obtained, ratifying the International Convention For The Protection Of All Persons From Enforced Disappearance (ICPPED) was carried out as an effort to break the chain of enforced disappearance practices, anti-impunity, and as an effort to provide guarantees of recovery for victims of enforced disappearance. Legal protection is provided as a form of strengthening regulations and as an effort to favor victims in the form of restoring the rights of victims of deprived rights protection including restitution, compensation, and rehabilitation.

Clickbait Content Titles on Internet Media Reviewed from Criminal Law Perspective Diandra Alya Sayyidina; Gelar Ali Ahmad
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.v0i0.61930

This study examines the legal aspects of clickbait content titles, a common strategy used by creators to attract user attention and generate profit. While effective in increasing traffic, clickbait often misleads users, degrades internet content quality, and causes economic and experiential harm. Using a juridical normative method with legislative and conceptual approaches, the study collects legal materials through the snowball method, starting from selected literature that expands over time. The findings reveal that although some existing laws can be indirectly applied to address clickbait practices, none explicitly prohibit or regulate them. The lack of clear legal norms and the absence of criminal sanctions contribute to creators’ indifference toward the negative impacts of clickbait. As a result, current regulations are insufficient to deter such practices. To overcome this legal gap, the study recommends criminalization through either the drafting of new legislation or amendments (addendums) to existing laws. This includes the need for detailed regulatory frameworks, the inclusion of explanatory notes, and the implementation of appropriate criminal sanctions. Clear and specific rules are essential to provide legal certainty and serve as a reference for law enforcement, ultimately reducing the recurrence of harmful clickbait practices in digital media.

The Impact of Overcapacity on the Fulfillment of Prisoners' Rights to Health Services in Class I Malang Prison Institutions Zainah Al Widad Muarif; Gelar Ali Ahmad
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.v0i0.61954

Overcapacity is a condition where the number of prisoners exceeds the available capacity. The problem of overcapacity is a serious issue related to human rights, because the condition of overcapacity certainly causes the living conditions of prisoners to be inappropriate, in a situation of overcapacity the prison has a very limited space for movement so that in a narrow room increases the risk of health problems that will quickly spread between prisoners. The problem of overcapacity was studied to find out in fact how the impact of overcapacity on the fulfillment of the right to obtain health services for prisoners at the Class I Correctional Institution in Malang, along with knowing what are the obstacles in fulfilling the right to obtain health services for prisoners. The research method uses empirical legal research or sociological juridical with a qualitative approach as a writing guide. The results of this study concluded that the impact of overcapacity on the fulfillment of health services for prisoners, one of which is related to the general health services of the inpatient unit, not all prisoners with indications of serious illness will be hospitalized due to insufficient space, the lack of this has resulted in the emergence of obstacles in the fulfillment of health services, namely the lack of complete facilities and infrastructure, human resources in the form of medical personnel and the lack of awareness of prisoners to maintain environmental hygiene which has an impact on the health of prisoners.

Indonesian Legal Protection for Indonesian Citizens Who Have Been Sentenced by Criminal Punishments Abroad from an International Legal Perspective Miracle Arthur Koraag; Gelar Ali Ahmad
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.v0i0.63565

Diplomatic protection by the Indonesian government is crucial in safeguarding Indonesian citizens facing legal problems under foreign jurisdictions. The cases of Siti Zainab and Tuti Tursilawati highlight the challenges faced by Indonesia in providing effective diplomatic assistance, where both citizens were sentenced to death with permanent legal force abroad. This research aims to analyze the resolution of criminal cases involving Indonesian citizens who have received final and binding criminal sentences abroad from the perspective of international law and international relations. The study employs a normative juridical method with a prescriptive approach, focusing on the analysis of legal norms to offer constructive solutions. The findings show that Indonesia’s diplomatic efforts in such cases are often hindered by limited access to legal processes in the host country and the principle of state sovereignty. Nonetheless, the Indonesian government undertakes several strategies to provide protection: (1) legal protection through consular assistance, (2) forming bilateral agreements on placement and protection of migrant workers, and (3) implementing a Single Channel Placement System (SPSK) through digital diplomacy. The study recommends strengthening diplomatic relations and proactive legal frameworks to enhance the state's ability to intervene effectively. By fostering mutual agreements and international cooperation, future cases similar to those of Tuti Tursilawati and Siti Zainab can be better addressed, ensuring the rights and safety of Indonesian citizens abroad are more effectively protected.

Analysis of Judges' Considerations in Imposing Criminal Sentences for Class 1 Narcotics Abuse for Oneself (Case Study of Labuan Bajo District Court Decision Number 28/Pid.Sus/2023/Pn Lbj) Fillemon Hendrik Pagula Mamuyab; Gelar Ali Ahmad
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.v12i02.66334

Main objective of this research is to understand the basis of judges' considerations in deciding cases, including the application of Law Number 35 of 2009 on Narcotics, as well as the aspects considered from both juridical and psychological perspectives. The research findings indicate that judges overlooked the facts revealed during the trial when deciding cases of self-use of Class 1 narcotics, failing to consider the provisions in Supreme Court Circular Letter Number 1 of 2017, particularly in the criminal chamber formulation letter (b). This research emphasizes the importance for judges to explore other legal sources, such as the Supreme Court Circular Letter Number 1 of 2017, previous rulings, and expert doctrines, in delivering verdicts against perpetrators of self-use narcotics offenses. If the judge does not consider these legal sources, the resulting verdict may lead to defects in the imposition of punishment. The conclusion of this study is that the judge's considerations in sentencing Defendant I Sarjan alias Jek and Defendant II Abdul Jalani alias Buce did not comply with the provisions of the Supreme Court Circular Letter Number 1 of 2017. Based on research and discussion, the author concludes that if the judge does not use the Supreme Court Circular Letter Number 1 of 2017 as a consideration, it may result in defects in the imposition of narcotics abuse penalties, and the decision.

PENGHAPUSAN JUSTICE COLLABORATOR SEBAGAI SYARAT REMISI BAGI KORUPTOR (ANALISIS PUTUSAN MAHKAMAH AGUNG NOMOR 28 P/HUM/2021) Sevyra Yuwinda Ayu; Gelar Ali Ahmad
Law Jurnal Vol 6, No 2 (2026)
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lj.v6i2.7963

Tujuan dari penelitian ini adalah untuk menganalisis urgensi penghapusan Justice Collaborator sebagai syarat untuk memberikan remisi bagi koruptor serta menganalisis pertimbangan hukum hakim. Dalam pertimbangannya, penerapan Justice Collaborator atau biasa disebut saksi pelaku dianggap bertentangan filosofi permasyarakatan karena pemberian remisi merupakan hak yang dapat didapatkan oleh semua narapidana. Studi ini merupakan penelitian normatif yang menerapkan pendekatan perUndang-Undangan yang berkaitan dengan status Justice Collaborator, yang dinilai bertentangan dengan prinsip pemasyarakatan serta rentan terhadap penyalahgunaan oleh pihak tertentu.Berdasarkan hasil penelitian diketahui bahwa pada urgensi penghapusan Justice Collaborator dikarenakan status Justice Collaborator dapat berpotensi disalahgunakan, dapat mengakibatkan tumpang tindih antar lembaga, serta tidak adanya tolak ukur atau penilaian yang dapat digunakan sebagai pedoman dalam menentukan status Justice Collaborator. Pertimbangan hakim dalam penghapusan Justice Collaborator dijelaskan bahwa syarat pemberian remisi tidak boleh membeda-bedakan karena semua narapidana memiliki hak yang sama dalam mendapatkan remisi. Lalu hal yang perlu diperhatikan bukanlah narapidananya, melainkan adalah faktor yang dapat menyebabkan terjadinya korupsi.

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