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Mahendra Wardhana
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mahendrawardhana@unesa.ac.id
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+628179925494
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jurnalnovum@unesa.ac.id
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Gedung K1 Jurusan Hukum Fakultas Ilmu Sosial dan Hukum Universitas Negeri Surabaya Jl. Ketintang, Surabaya
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Kota surabaya,
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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 8 Documents
 1 
Search results for , issue "Vol. 11 No. 03 (2024): Novum : Jurnal Hukum" : 8 Documents clear
Clickbait Content Titles on Internet Media Reviewed from Criminal Law Perspective Sayyidina, Diandra Alya; Ahmad, Gelar Ali
NOVUM : JURNAL HUKUM Vol. 11 No. 03 (2024): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v0i0.61930

Abstract

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.
Legal Protection for Election Organizing Committees When They Experience Work Accidents During General Elections in the General Election Commission Rahmadipadma, Mirza Ghulam; Widodo, Hananto; Sari , Widya Maya
NOVUM : JURNAL HUKUM Vol. 11 No. 03 (2024): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v0i0.62359

Abstract

This study focuses on the legal protection for election committee workers when they experience work accidents during general elections within the environment of the General Election Commission (General Election Commission or KPU). General elections are a cornerstone of democracy that determines the direction and leadership of a nation. In Indonesia, election organizers including the District Election Committee (Kecamatan Election Committee or PPK), Voting Committee (Positioning Committee or PPS), and Voting Organizing Group (Kelompok Organizing Pemulungan Pemulungan or KPPS) may face risks of accidents while performing their duties. This research utilizes normative research methodology, focusing on the study of legal documents and applicable regulations. The aim is to delve deeper into the legal aspects and protections that need strengthening to ensure the safety and well-being of election committee workers in carrying out their tasks. Considering the significant number of casualties during this democratic event, this study highlights the importance of health guarantees for these ad hoc bodies, which have not been sufficiently regulated in the Election Commission Regulations (Peraturan Election Commission General or PKPU). Additionally, the research examines the role of the Social Security Organizing Agency (Social Security Organizing Agency or BPJS) in providing social protection for election committee workers and the challenges faced in implementing employment social security at the regional level. The results underscore the need for policy improvements and increased collaborative capacity with relevant parties to conduct fair, transparent, and accountable elections that strengthen democracy in Indonesia.
Law Enforcement and Efforts to Prevent Doping Abuse in Football Athletes Fajriyah, Laila Himmatul; Rusdiana, Emmilia; Faizah, Rohmatul
NOVUM : JURNAL HUKUM Vol. 11 No. 03 (2024): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v0i0.63057

Abstract

Athletes are professional individuals trained to possess agility, strength, and speed for competitive performance. Football athletes, in particular, exhibit a high spirit of competitiveness to bring pride to their country, club, and region. This intense desire to win has led some athletes to resort to doping as a shortcut to enhance performance. This study aims to examine the legal framework governing the use of doping among football athletes in Indonesia, the enforcement of these laws, and the preventive efforts undertaken by the Bojonegoro Regency PSSI Association. Using a sociological juridical approach, data was collected through field studies and interviews with relevant stakeholders. The findings reveal that doping is strictly prohibited in football and is subject to legal sanctions, especially when involving narcotics-type substances. Law enforcement has been effectively implemented against offenders. Furthermore, the Bojonegoro PSSI Regency Association has taken active preventive measures by organizing awareness campaigns and educational sessions. These initiatives are conducted in collaboration with local hospitals and the National Narcotics Agency (BNN) of Tuban Regency. Such efforts aim to enhance athletes' understanding of the dangers and legal consequences of doping, thereby fostering a culture of fair play and clean competition in regional football.
Legal Awareness of Online Motorcycle Taxi Drivers “Gojek” Related to Their Participation in the Workplace Accident Insurance and Death Insurance Program in Surabaya City Aris, Kamila Fakhriyah; Wardhana, Mahendra; Khairunnisa, Ibtisam Mumtaz
NOVUM : JURNAL HUKUM Vol. 11 No. 03 (2024): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v0i0.63209

Abstract

This study explores the legal awareness of Gojek online motorcycle taxi drivers in Surabaya regarding their obligation to participate in Work Accident Insurance and Death Insurance under BPJS Employment. Article 14 of the BPJS Law mandates all individuals, including foreign workers employed for at least six months, to join the social security program. However, as Gojek drivers are classified as non-wage workers in a partnership relationship, the company is not legally obligated to register them, making self-registration their own responsibility. Referring to Minister of Manpower Regulation No. 5 of 2021, non-wage workers are required to enroll in two BPJS programs: Work Accident Insurance and Death Insurance. Using empirical legal research and a juridical-sociological approach, this study assesses the legal awareness of drivers based on four indicators: legal knowledge, legal understanding, legal attitudes, and legal behavior. The findings reveal varying levels of awareness among drivers, with some showing very high legal awareness and others falling into a moderate category. Key influencing factors include a lack of interest in seeking legal information, limited education, and economic constraints. These factors contribute to gaps in understanding and compliance with social security obligations. The study highlights the need for increased legal literacy and socialization efforts to ensure better protection for non-wage workers in the digital economy sector.
Law Enforcement Against the Criminal Act of Prostitution in Moroseneng City of Surabaya Novita Sari, Eka Putri; Mahardhika, Vita; Kusuma, R. K. Wijaya
NOVUM : JURNAL HUKUM Vol. 11 No. 03 (2024): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v0i0.63349

Abstract

This study focuses on prostitution practices in the Moroseneng area of Benowo, Surabaya, which, despite having been officially shut down by the local government, continues to operate covertly. Prostitution is considered a morally and legally prohibited act, involving individuals—primarily women—offering sexual services in exchange for money. The research aims to examine the extent of law enforcement efforts in addressing prostitution in Moroseneng and to identify the obstacles hindering effective enforcement. Using empirical legal research, the study involves interviews with Satpol PP officers and sex workers (PSK) in the area. The findings indicate that prostitution activities persist due to economic necessity, as many individuals rely on the practice to meet daily needs. Furthermore, law enforcement is deemed ineffective, primarily because the criminal sanctions imposed fail to deter repeat offenses. The lack of strict punishment and limited follow-up actions allow prostitution to continue in hidden forms. The study concludes that stronger enforcement mechanisms, combined with rehabilitation and economic empowerment programs, are necessary to address the root causes and reduce the recurrence of prostitution in Moroseneng. Additionally, the government should strengthen legal instruments and improve coordination among law enforcement agencies to create a more sustainable and preventive approach.
Position Law Letter Circular No. 13 Year 2021 About the Cancel of Homecoming for Eid Al-Fitr in 1441 Hijriah and Efforts to Control the Spread of Corona Viruses Disease (Covid-19) During the Holy Month of Ramadan 1442 Hijriah Azizah, Maharani Nur; Widodo, Hananto
NOVUM : JURNAL HUKUM Vol. 11 No. 03 (2024): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v0i0.63439

Abstract

The 2021 Homecoming Circular Letter was issued to regulate public mobility during the Eid homecoming period as part of the government’s effort to control the spread of COVID-19. As an instrument created under urgent circumstances, the Circular Letter reflects the implementation of freies ermessen, allowing authorized officials to exercise discretion. This study aims to analyze the legal position and implications of the 2021 Homecoming Circular Letter, especially in relation to the principles of discretionary authority and statutory hierarchy. The research is normative in nature, using a statutory and conceptual approach. Legal materials were obtained through literature study and analyzed prescriptively to evaluate the consistency of the Circular Letter with existing legal norms. The findings show that Circular Letters are not explicitly included in Law Number 12 of 2011 concerning the Formation of Laws and Regulations. However, they may still carry binding power if supported by higher legal instruments such as Government Regulation No. 21 of 2020 and Presidential Decree No. 11 of 2020. Substantively, the 2021 Circular Letter aligns with Law No. 6 of 2018 on Health Quarantine. The authority of the COVID-19 Task Force to issue the Circular is justified in the context of pandemic-related emergency response. The study recommends that the issuance of Circular Letters must not contradict the hierarchy of laws and should emphasize public benefit, clarity, and legal certainty, particularly in times of crisis when government discretion is exercised.
Indonesian Legal Protection for Indonesian Citizens Who Have Been Sentenced by Criminal Punishments Abroad from an International Legal Perspective Koraag, Miracle Arthur; Ahmad, Gelar Ali
NOVUM : JURNAL HUKUM Vol. 11 No. 03 (2024): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v0i0.63565

Abstract

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.
Reconstruction of Legal Research Paradigma to Respond Global Challenges: An Epistemological Review Masnun, Muh. Ali; Prasetio, Dicky Eko
NOVUM : JURNAL HUKUM Vol. 11 No. 03 (2024): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

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

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.

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