cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Mahendra Wardhana
Contact Email
mahendrawardhana@unesa.ac.id
Phone
+628179925494
Journal Mail Official
jurnalnovum@unesa.ac.id
Editorial Address
Gedung K1 Jurusan Hukum Fakultas Ilmu Sosial dan Hukum Universitas Negeri Surabaya Jl. Ketintang, Surabaya
Location
Kota surabaya,
Jawa timur
INDONESIA
Novum : Jurnal Hukum
Published by Universitas Negeri Surabaya
ISSN : -     EISSN : 24424641     DOI : doi.org/10.26740/novum
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal novum memuat tulisan-tulisan ilmiah baik hasil-hasil penelitian maupun artikel dalam bidang ilmu hukum, hukum perdata, hukum pidana, hukum tata negara, hukum administrasi negara dan bidang-bidang hukum lainnya.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 9 Documents
 1 
Search results for , issue "Vol. 11 No. 02 (2024): Novum : Jurnal Hukum" : 9 Documents clear
Legal Framework and Preventive Measures Against Doping in the 2023 East Java Provincial Sports Week (PORPROV) Gemilang, Putri Surya; Astuti, Pudji Astuti
NOVUM : JURNAL HUKUM Vol. 11 No. 02 (2024): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v0i0.58566

Abstract

The doping case involving Indonesian athletes and the sanctions imposed by the World Anti-Doping Agency (WADA) due to Indonesia’s failure to submit 300 anti-doping samples highlights persistent irregularities within the national sports sector. These issues reflect broader systemic weaknesses, including at the provincial level. This study aims to examine the preventive measures taken by the East Java Province KONI against doping and to analyze the obstacles in enforcing Article 103 paragraph (1) of Law No. 11 of 2022 concerning Sports, particularly regarding the health component as it relates to anti-doping regulation during the 2023 East Java Provincial Sports Week (Porprov). The research adopts an empirical-qualitative method using purposive sampling, where experts and relevant events are deliberately selected to provide insights not available from general sources. The findings indicate that anti-doping education has not been evenly distributed across districts and cities in East Java. Furthermore, there were no concrete or systematic efforts by East Java KONI to prevent doping during Porprov 2023. Several obstacles were identified in enforcing Article 103 paragraph (1), including legal ambiguity, weak law enforcement, lack of adequate facilities, and insufficient awareness among athletes and stakeholders. The study recommends enhancing anti-doping education, improving coordination between institutions, and strengthening the legal and institutional framework to ensure effective enforcement of anti-doping regulations in future sporting events at the regional level.
Legal Protection of The Right to Education of Street Children Working in Sidoarjo District Saraswati, Elisabeth Melanie; Sulistyowati, Eny
NOVUM : JURNAL HUKUM Vol. 11 No. 02 (2024): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v1i1.58715

Abstract

The phenomenon of street children who are forced to work remains a persistent social issue across various regions in Indonesia, including Sidoarjo Regency. As children are categorized as a protected group under the law, this condition reflects a significant challenge in realizing their fundamental rights—particularly the right to education. This study examines the legal protection of educational rights for working street children in Sidoarjo Regency, focusing on the implementation of Article 8 paragraph 1 of the East Java Governor Regulation Number 33 of 2018. The regulation mandates the provision of guidance and social development programs, which in this case are carried out by the Sidoarjo Regency Social Service in collaboration with the East Java Provincial Social Service through the Youth Development Social Service Unit (UPT PSBR). Employing an empirical legal research method with a qualitative approach, the study gathered descriptive data through field observations and interviews conducted in the central area of Sidoarjo (the Square). The findings indicate that despite existing legal frameworks, many street children continue to face difficulties in accessing education due to both internal (family-related and personal) and external (institutional and policy-related) constraints. These obstacles hinder the optimal fulfillment of their educational rights. The study recommends enhancing cross-sectoral coordination, increasing budget allocation for social services, and implementing more inclusive education programs tailored to the specific conditions of street children.
Transfer of Property Rights Over KPR House by Debtor to a Third Party Before the Installment is Paid Off Talia, Firsty Oxana Dayinta; Susilowati, Indri Fogar
NOVUM : JURNAL HUKUM Vol. 11 No. 02 (2024): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v0i0.60907

Abstract

One of the Indonesian government's programs to fulfill the housing needs of Low-Income Communities (MBR) is through the Home Ownership Credit (KPR) program, implemented via a credit agreement between PT Bank Tabungan Negara (Persero) Tbk. and the customer. A legal issue arises when the debtor transfers the KPR house to a third party without the written consent of the creditor while the mortgage is still under installment. This study aims to analyze whether such a transfer of ownership rights is legally permissible and to examine the legal consequences of this action. The research employs normative legal methods with statutory, conceptual, and case approaches, using a prescriptive analysis technique. The findings show that the transfer of ownership rights to KPR houses during the installment period without creditor approval violates the provisions of the credit agreement and the Mortgage Law. This action also contravenes the fiduciary principle embedded in the credit system, where the creditor retains legal control over the asset until the debt is fully repaid. The legal consequence is the absence of legal certainty for the third-party buyer, as the transfer cannot be registered at the Land Office, thus rendering the transaction invalid in the eyes of the law. The study recommends increasing public awareness of credit agreement obligations and stricter enforcement from financial institutions to prevent unauthorized transfers and protect all parties involved.
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 Yekti, Fetty Faulina; Rusdiana, Emmilia
NOVUM : JURNAL HUKUM Vol. 11 No. 02 (2024): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v0i0.61042

Abstract

Pre-prosecution procedures are often repeated, resulting in inefficiencies due to the continuous exchange of case files between investigators and public prosecutors. This situation stems from the normative vagueness in Article 109 paragraph (1) of Law Number 8 of 1981 concerning the Criminal Procedure Code, particularly regarding the principle of coordination between investigators and prosecutors. Such procedural delays threaten legal certainty and violate suspects' human rights, particularly the right to freedom. This study aims to analyze the validity and binding force of the Circular Letter of the Deputy Attorney General for General Crimes Number SE-3/E/EJP/11/2020, which limits the issuance of P-19 instructions to only once during the pre-prosecution stage in general criminal cases. It also aims to assess the legal protection available to suspects when case files are returned multiple times. This research employs normative juridical methods using statutory and conceptual approaches. The findings show that while the Circular Letter provides guidance, it is not legally binding and thus easily deviated from in practice. The absence of strict limitations on the number of times a case file can be returned results in legal uncertainty and potential human rights violations. As a form of legal protection, investigators may issue an Order to Terminate Investigation (SP3), provide rehabilitation to the suspect, and improve coordination with prosecutors as mandated by Article 109. The study recommends codifying clear limits on pre-prosecution procedures to ensure efficiency and protect suspects’ rights.
The Rights of Workers Who Voluntarily Resign Whose Wages Have Not Been Paid (Case Study of Supreme Court Decision Number 318 K/Pdt.Sus PHI/2023 Majid, Naufal Abdul; Nugroho, Arinto
NOVUM : JURNAL HUKUM Vol. 11 No. 02 (2024): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v0i0.61049

Abstract

In an employment relationship, discrepancies between employees and employers can lead to employees voluntarily resigning. This can result in industrial relations disputes if there are rights that the employer has not fulfilled for the employee, as seen in the case of the Supreme Court Decision number 318 K/Pdt.Sus- PHI/2023. This research aims to analyze the rights of employees who voluntarily resign and whose wages have not been paid, through a case study of the Supreme Court decision number 318 K/Pdt.Sus-PHI/2023. This type of research is normative with a legislative, case, and conceptual approach. The technique for collecting legal materials is done through literature study and analyzed using a prescriptive technique. The research findings indicate that the judge's consideration of applying Article 50 of Government Regulation 35/2021, supported by the available evidence, states that employees who voluntarily resign are still entitled to unpaid wages and holiday allowances (THR), as well as severance pay. The research also concludes that employees who voluntarily resign should also be entitled to compensation for rights. The legal consequence of this decision is the annulment of the previous ruling, which rejected the lawsuit in its entirety. Consequently, the Defendant is obligated to pay the unpaid wages and THR, as well as the severance pay, to the Plaintiffs.
The Crime of Marital Rape Viewed from the Perspective of Criminal Law in Indonesia Saputra, Vernanda Ragil; Ronaboyd, Irfa
NOVUM : JURNAL HUKUM Vol. 11 No. 02 (2024): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Marital Rape is a form of sexual violence against a wife or husband that occurs in a marital relationship. In general, sexual violence has been regulated in the construction of Indonesian criminal law, specifically (lex specialist) as outlined in Law Number 8 of 2004 concerning the Elimination of Domestic Violence (UU-PKDRT). However, it is necessary to develop subject qualifications in these regulations to emphasize the elements of marital rape so that the evidence obtained is more objective. This research aims to analyze the validity and proof of marital rape as a criminal offense of domestic violence. As normative research, this research uses a legal approach (statute approach) and a conceptual approach (on conceptual approach), using primary and secondary types of legal materials, and techniques for collecting legal materials using literature study using qualtatꬵ with analysis descriptive, based on the method A conclusion was found that, marital rape (rape within marriage) can be used as a type of criminal act of domestic violence if the evidence presented has been acknowledged, but the lack of evidence makes the proof process less objective.
The Problematics of Asset Seizure as Compensation for Fulfilling Victims’ Rights in Human Trafficking Crimes Nugroho, Dadang Eko; Ahmad, Gelar Ali Ahmad
NOVUM : JURNAL HUKUM Vol. 11 No. 02 (2024): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The provision of restitution for victims of human trafficking crimes in Indonesia remains ineffective due to the absence of specific regulations regarding the confiscation of perpetrators’ assets to fulfill restitution obligations. Restitution, as a form of compensation, aims to restore the rights and dignity of victims. Although regulated under Law No. 31 of 2014 and Supreme Court Regulation (PerMa) No. 1 of 2022, its implementation in practice falls short. Victims often do not receive full restitution, and in some cases, no compensation is awarded at all. This issue is evident in three court decisions analyzed in this study: Decision No. 592/Pid.Sus/2021/PN Ckr, No. 168/Pid.Sus/2020/PN.Pml, and No. 48/Pid.Sus/2021/PN.Cbn, where restitution was either unpaid or avoided by perpetrators claiming inability to pay, resulting in subsidiary imprisonment of up to one year. The research uses normative legal methods to highlight a legal vacuum regarding asset seizure for restitution purposes. The findings indicate that the current legal framework lacks enforceable mechanisms to guarantee victims’ rights to restitution. Therefore, this study recommends revising existing laws to include provisions on mandatory asset confiscation from trafficking perpetrators. Additionally, stronger judicial interpretation under Article 1 paragraph (1) of Law No. 48 of 2009 concerning Judicial Power can support the realization of victims’ restitution rights. Strengthening these aspects is crucial to ensuring justice and adequate compensation for victims of human trafficking.
Doctors’ Obligations Regarding Chemical Castration for Individuals Who Commit Child Sexual Abuse Yuliana, Fenty Dwi; Astuti, Pudji
NOVUM : JURNAL HUKUM Vol. 11 No. 02 (2024): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Law Number 17 of 2016 concerning Child Protection introduces chemical castration as an additional punishment for perpetrators of child sexual violence, regulated under Article 81 paragraph (7). The implementation of this punishment is mandated to doctors under Article 9 letter b of Government Regulation Number 70 of 2020, based on orders from prosecutors. However, this obligation conflicts with the medical ethical code and the doctor's oath, prompting the Indonesian Medical Ethics Honorary Council (MKEK PB IDI) to issue Fatwa No. 1 of 2016, expressing professional opposition to doctors performing chemical castration. Despite this, doctors—especially those with civil servant status—are legally required to obey state orders, with refusal risking sanctions as outlined in Article 216 paragraph (1) of the Criminal Code. This research aims to examine the legal position of doctors in carrying out chemical castration and possible legal avenues to resist this duty. Using a normative legal research method with statutory and conceptual approaches, and literature-based data collection, the study concludes that doctors are legally bound to implement chemical castration if mandated by law, particularly as civil servants subject to disciplinary rules. However, doctors who object may pursue a judicial review to the Supreme Court, arguing that the duty infringes upon their professional ethics and mental integrity. Such legal recourse seeks to balance state obligations with individual professional conscience.
Legal Protection for Remote Workers Regarding Working Hours and the Provision of Welfare Facilities Based on Labor Law in Indonesia Muhadi, Farhan; Ronaboyd, Irfa
NOVUM : JURNAL HUKUM Vol. 11 No. 02 (2024): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The rapid advancement of technology and communication has driven many companies in Indonesia to adopt remote working systems. However, the existing labor regulations, particularly Law Number 13 of 2003 concerning Manpower and Law Number 11 of 2020 concerning Job Creation, do not explicitly regulate remote working arrangements. This study aims to examine the regulatory framework and legal protection for remote workers in Indonesia, especially in relation to working hours and access to welfare facilities. The research adopts a normative legal method supported by statute and conceptual approaches. The findings reveal that although Government Regulation No. 35 of 2021 and Government Regulation No. 36 of 2021 provide general provisions on employment relations and wages, they fall short of comprehensively addressing the specific needs of remote workers. As a result, the legal status, rights, and obligations of remote workers remain ambiguous, particularly in the aspects of working time flexibility, occupational health and safety, and entitlement to welfare benefits. The absence of detailed regulation risks legal uncertainty for both employers and employees engaged in remote work. This study recommends the formulation of specific and adaptive legal norms that respond to the dynamic nature of remote working, including clear definitions, work-hour arrangements, and protections for workers' well-being. Strengthening the legal framework is essential to ensure fair and sustainable labor practices in the digital work environment.

Page 1 of 1 | Total Record : 9

 1 

Filter by Year

2024 2024


Reset
Filter By Issues
All Issue Vol. 12 No. 02 (2025): Novum : Jurnal Hukum Vol. 12 No. 01 (2025): Novum : Jurnal Hukum Vol. 12 No. 3 (2025) Vol. 11 No. 04 (2024): Novum : Jurnal Hukum Vol. 11 No. 03 (2024): Novum : Jurnal Hukum Vol. 11 No. 02 (2024): Novum : Jurnal Hukum Vol. 11 No. 01 (2024): Novum : Jurnal Hukum Vol. 10 No. 04 (2023): Novum : Jurnal Hukum Vol. 10 No. 03 (2023): Novum : Jurnal Hukum Vol. 10 No. 02 (2023): Novum : Jurnal Hukum Vol. 10 No. 01 (2023): Novum : Jurnal Hukum Vol. 9 No. 04 (2022): Novum : Jurnal Hukum Vol. 9 No. 03 (2022): Novum : Jurnal Hukum Vol. 9 No. 02 (2022): Novum : Jurnal Hukum Vol. 9 No. 01 (2022): Novum : Jurnal Hukum Vol. 8 No. 04 (2021): Novum : Jurnal Hukum Vol. 8 No. 03 (2021): Novum : Jurnal Hukum Vol. 8 No. 02 (2021): Novum : Jurnal Hukum Vol. 8 No. 01 (2021): Novum : Jurnal Hukum Vol 8 No 2 (2021) Vol 8 No 1 (2021) Vol. 7 No. 04 (2020): Novum : Jurnal Hukum Vol. 7 No. 03 (2020): Novum : Jurnal Hukum Vol. 7 No. 02 (2020): Novum : Jurnal Hukum Vol. 7 No. 01 (2020): Novum : Jurnal Hukum Vol 7 No 4 (2020) Vol 7 No 3 (2020) Vol 7 No 2 (2020) Vol 7 No 1 (2020) Vol. 6 No. 04 (2019): Novum : Jurnal Hukum Vol. 6 No. 03 (2019): Novum : Jurnal Hukum Vol. 6 No. 02 (2019): Novum : Jurnal Hukum Vol. 6 No. 01 (2019): Novum : Jurnal Hukum Vol 6 No 4 (2019) Vol 6 No 3 (2019) Vol 6 No 2 (2019) Vol 6 No 1 (2019) Vol. 5 No. 04 (2018): Novum : Jurnal Hukum Vol. 5 No. 03 (2018): Novum : Jurnal Hukum Vol. 5 No. 02 (2018): Novum : Jurnal Hukum Vol. 5 No. 01 (2018): Novum : Jurnal Hukum Vol 5 No 4 (2018) Vol 5 No 3 (2018) Vol 5 No 2 (2018) Vol 5 No 1 (2018) Vol 4 No 4 (2017) Vol 4 No 3 (2017) Vol 4 No 2 (2017) Vol 4 No 1 (2017) Vol 3 No 4 (2016) Vol 3 No 3 (2016) Vol 3 No 2 (2016) Vol 3 No 1 (2016) Vol 2 No 4 (2015) Vol. 2 No. 3 (2015) Vol 2 No 3 (2015) Vol 2 No 2 (2015) Vol. 2 No. 2 (2015) Vol. 2 No. 1 (2015) Vol 2 No 1 (2015) Vol. 1 No. 4 (2014) Vol 1 No 4 (2014) Vol. 1 No. 3 (2014) Vol 1 No 3 (2014) Vol. 1 No. 2 (2014) Vol 1 No 2 (2014) Vol. 1 No. 1 (2014) Vol 1 No 1 (2014) In Press - Syarat SPK (7) In Press - Syarat SPK (6) In Press - Syarat SPK (5) In Press - Syarat SPK (4) In Press - Syarat SPK (3) More Issue