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Mahendra Wardhana
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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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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. 12 No. 01 (2025): Novum : Jurnal Hukum" : 8 Documents clear
The Analysis of Judge's Decision on the Crime of Sexual Intercourse With A Child (Case Study of Judge's Decision Number 1423 K/Pid.Sus/2018) Ramadhanty, Debby; Astuti, Pudji
NOVUM : JURNAL HUKUM Vol. 12 No. 01 (2025): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v0i0.53750

Abstract

Judgment Number 1423K/Pid.Sus/2018, relates to the defendant's commission of the criminal act of sexual intercourse through deception against a minor. This study aims to assess and analyze whether the judge's decision in case number 1423K/Pid.Sus/2018 complies with the criminal sanctions under Article 81 paragraph (2) of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. It also seeks to examine and analyze why the judge disagreed with the public prosecutor's indictment. The research method used is normative juridical research, employing a statutory approach, conceptual approach, and case approach. The legal materials used include primary, secondary, and tertiary legal sources. The data collection method used is literature review. The analytical technique employed in this study is prescriptive analysis. The results of this research indicate that Judgment Number 1423K/Pid.Sus/2018 fulfills the juridical elements. However, the imposed sentence is still not in accordance with Article 81 paragraph (2) of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection because the punishment imposed is below the minimum threat of punishment. Additionally, the judge disagreed with the public prosecutor's indictment, which charged the defendant under Article 88 paragraph (1) of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. The judge believed that the defendant only fulfilled the element of sexual intercourse and not exploitation.
Legal Protection for Online Game Users Against Cheating in Championships Aji, Wisnu Kuncoro; Rusdiana, Emmilia
NOVUM : JURNAL HUKUM Vol. 12 No. 01 (2025): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v3i3.54360

Abstract

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.
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 Al Akbar, Esa Setya; Rusdiana, Emmilia
NOVUM : JURNAL HUKUM Vol. 12 No. 01 (2025): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v3i3.55505

Abstract

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.
Legal Protection for Commersial Sex Workers as Victims of Sexual Violence in Surabaya Saputro, Hadi Widodo; Ahmad, Gelar Ali
NOVUM : JURNAL HUKUM Vol. 12 No. 01 (2025): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

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

Abstract

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) Laksono, Cahyo Tri; Ahmad, Gelar Ali
NOVUM : JURNAL HUKUM Vol. 12 No. 01 (2025): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

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

Abstract

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.
Inclusion of an Exoneration Clause in a Standard Agreement on the Transfer of Liability on the Terms of Use of Gocar Osada, Eryna Dian; Sulistyowati, Eny
NOVUM : JURNAL HUKUM Vol. 12 No. 01 (2025): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v1i1.58778

Abstract

Standard agreements often contain standard clauses which, if not properly regulated, can lead to an imbalance between business actors and consumers. Article 18 of the Consumer Protection Law (GCPL) prohibits business actors from including clauses that transfer responsibility to consumers. However, GoCar’s terms of use, particularly point 2E, contain an exoneration clause that contradicts Article 18 paragraph (1) letter a of the GCPL. This study aims to analyze the compatibility of GoCar’s terms of use with the principles of consumer protection, and to assess the proper form of liability that Gojek should bear in the event of consumer losses related to safety during service use. The research adopts a normative legal method with statutory and conceptual approaches. The findings reveal that GoCar’s terms are inconsistent with the principles of justice, safety, and consumer security as mandated in Article 2 of the GCPL. Furthermore, business actors such as Gojek are liable under Article 19 of the GCPL, which provides for compensation through refunds, healthcare, or other restitution. This liability is subject to proof of fault, and the burden of such proof lies with the business actor, as stated in Articles 19(5), 22, and 28. The study recommends that Gojek revise its terms of use to align with consumer protection principles and avoid unfair clauses that may harm consumers.
Inclusion of a Termination of Coverage Clause in an Insurance Policy Issued by PT Asuransi Artarindo Aprilita, Andieni Diva; Sulistyowati, Eny
NOVUM : JURNAL HUKUM Vol. 12 No. 01 (2025): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v0i0.61214

Abstract

The inclusion of a coverage termination clause in insurance policies is mandated under Article 11 letter k of OJK Regulation Number 23/POJK.05/2015 concerning Insurance Products and Marketing. However, the same clause is restricted under Article 30 paragraphs (4) and (5) of OJK Regulation Number 6/POJK.07/2022, which prohibits exculpatory clauses that limit insurers' responsibilities. This study aims to analyze the validity of the coverage termination clause in Article 7 of PT Asuransi Artarindo’s Insurance Policy in relation to the prohibition of exculpatory clauses and to examine its legal consequences. This research is normative legal research, utilizing a statutory and conceptual approach. Data is collected through literature study and analyzed prescriptively. The findings indicate that the termination clause in PT Asuransi Artarindo’s policy aligns with Article 11 letter k of OJK Regulation 23/POJK.05/2015 and with Articles 249, 276, and 293 of the Indonesian Commercial Code. The clause does not meet the criteria of an exculpatory clause as defined in Article 30 of OJK Regulation 6/POJK.07/2022. Consequently, the legal impact of its inclusion is minimal, as the agreement fulfills both subjective requirements (mutual consent and legal capacity) and objective requirements (legal cause and lawful object). Therefore, the policy remains valid and enforceable. This study recommends clearer regulatory harmonization between OJK regulations to avoid legal ambiguity for insurers and consumers in the future.
Legal Review of the Existence of the Coordinating Ministry in The Ministerial System in Post-Reform Indonesia Ulhaq, Aufa Dhiya; Muh. Ali Masnun; Carissa Akhlaq Mulia Purnomo
NOVUM : JURNAL HUKUM Vol. 12 No. 01 (2025): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

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

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 coordination 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.

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