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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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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
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Search results for , issue "Vol. 12 No. 02 (2025): Novum : Jurnal Hukum" : 8 Documents clear
Implementation of Industrial Relations Dispute Settlement Between Workers and Employers Through Mediation at the Gresik Regency Firdaus, Muhammad Shihabuddin; Masnun, Muh. Ali; Raharjo, Mohammad Setyo Puji
NOVUM : JURNAL HUKUM Vol. 12 No. 02 (2025): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v0i0.60103

Abstract

Industrial relations mediation, as regulated in Article 1 paragraph (11) of Law Number 2 of 2004, serves as an alternative dispute resolution mechanism between workers and employers, facilitated by neutral mediators. In Gresik Regency, this process is carried out by six mediators at the local Labor Office. This research aims to analyze: (1) the implementation of industrial relations dispute resolution through mediation at the Gresik Regency Labor Office during 2021–2023, and (2) the obstacles faced by mediators in the process. Employing empirical legal research with a socio-legal approach, the study uses interviews, observations, and documentation for data collection. The findings show that mediation at the Labor Office of Gresik Regency has generally been effective, with a success rate exceeding 50%, achieved through both collective agreements and recommendations. However, several obstacles hinder the process: (1) employers often fail to attend or delay mediation sessions; (2) workers frequently lack sufficient evidence and understanding of relevant legal provisions; and (3) mediators face limitations in number and inadequate supporting facilities. The study recommends increasing the number of certified mediators, improving facilities at the mediation venue, and enhancing legal literacy among both workers and employers to strengthen the effectiveness of mediation as a dispute resolution mechanism in industrial relations.
Mothers’ Legal Awareness of Labeling and Health Information on Household Supplies in Baby Diapers Andriyani, Renita; Sulistyowati, Eny; Iskandar, Rosa Oktavia
NOVUM : JURNAL HUKUM Vol. 12 No. 02 (2025): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v0i0.61172

Abstract

The Ministry of Health through Regulation Number 62 of 2017 has mandated that baby diaper products, as part of Household Health Supplies (PKRT), must include proper markings and product information before distribution. This regulation ensures consumer safety and compliance with health standards. This study aims to analyze the level of legal awareness among mothers regarding PKRT markings and information on baby diaper products, and identify the factors influencing that awareness. Conducted in Pasongsongan Sub-district, Sumenep Regency, East Java, the study applies an empirical juridical research method using interviews, observation, and documentation as data collection techniques. The findings reveal that mothers’ legal awareness is generally low, as assessed through four key indicators: legal knowledge, legal understanding, legal attitudes, and legal behavior. Most mothers lack awareness of the obligation for producers to include PKRT markings, and this is reflected in their indifferent behavior when selecting baby diapers. Contributing factors to this low awareness include limited reading interest, low levels of education, and age-related constraints. The study concludes that the legal awareness of mothers as consumers remains insufficient and recommends that relevant authorities, including health offices and consumer protection agencies, intensify socialization and education regarding the importance of PKRT markings and information. Increasing public literacy and access to clear, comprehensible labeling on household health products is essential to enhance consumer protection and public health standards.
Influence of Changes to the Regulations on the Term of Village Head on Village Development Yusuf, Muhammad; Amiq, Bachrul
NOVUM : JURNAL HUKUM Vol. 12 No. 02 (2025): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

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Abstract

The regulation of the term of office of village heads in Indonesia has undergone frequent changes, affecting the dynamics of village governance and development. The latest regulation, Law No. 3 of 2024, stipulates in Article 39 that a village head serves for 8 years and may be re-elected once, contrasting with the previous provision of 6 years with the possibility of two re-elections. This regulatory change potentially influences the continuity and effectiveness of village development, in which the village head plays a central role, particularly in managing village finances and assets. This study aims to examine the impact of the extended term of office on village development and community participation in two villages: Munggugianti and Sirnoboyo in Benjeng District, Gresik Regency. Using an empirical juridical method, the research applies a socio-legal approach through interviews, observations, and documentation. The findings indicate that a longer term of office provides better continuity in development planning and execution, allowing village heads to implement medium to long-term programs more effectively. However, challenges remain in ensuring community participation, which varies depending on public awareness and socialization efforts. In both villages, development progress shows improvement post-regulatory change, although community involvement is still not optimal and sometimes not aligned with the expectations of participatory governance. The study recommends strengthening community legal awareness, increasing transparency in village governance, and institutionalizing development planning mechanisms that actively involve the community regardless of leadership changes.
South Korean Pop Music Idol Portrait Upload on Instagram Under Copyright Ubaydillah, Muzakki; Hermono, Budi
NOVUM : JURNAL HUKUM Vol. 12 No. 02 (2025): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v0i0.63068

Abstract

Uploading K-Pop idol portraits on Instagram is the implementation of economic rights over portraits belonging to the subject of the portrait. Fans are not allowed to implement economic rights over portraits to earn profit without permission. The researcher aims to analyze the uploading of K-Pop idol portraits on Instagram based on copyright and the legal consequences that fans can receive. This is normative legal research using a statute and conceptual approach. The research results reveal that fans are also not allowed to upload K-Pop idol portraits on Instagram even without profitable purposes without permission because copyright limits the implementation of economic rights over portraits. Uploading K-pop idol portraits on Instagram can have legal consequences, such as compensation and termination of Lysn services which fans have purchased.
Problematics of Termination of Employment Relations for Workers Undergoing Industrial Relations Trial Period Arrifqi, Moh Fahmi; Rusdiana, Emmilia; Kusuma, Dinda Puteri Fathurachmah
NOVUM : JURNAL HUKUM Vol. 12 No. 02 (2025): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v0i0.63442

Abstract

Termination of employment (PHK) must be carried out according to legal procedures, beginning with an official termination letter. However, issues may arise when such termination contradicts labor regulations. This research discusses the case of Bunari, a worker who received a termination letter during the trial process, which is suspected to conflict with Article 155 paragraph (2) of the Manpower Law. The main legal issue examined is the ambiguity of norms regarding the validity of termination during ongoing industrial relations disputes. The objective of this study is to analyze the legal validity of the termination letter issued to Bunari during the trial process, as reflected in Decision Number 1237 K/Pdt.Sus-PHI/2017, and to examine the rules surrounding process wages for workers under trial. This study applies a normative juridical method, analyzing legal events using statutory and regulatory frameworks. The findings reveal that the termination of Bunari is not legally valid due to the ongoing industrial dispute process at the time of termination, rendering the letter formally and legally flawed. Furthermore, Bunari is entitled to process wages as he fulfills the required legal elements. Based on Supreme Court Circular Letter (SEMA) No. 3 of 2015, the payment period for process wages is limited to six months. The study recommends reinforcing clarity in regulations regarding termination procedures during legal proceedings and urges employers to strictly adhere to legal mechanisms to prevent arbitrary dismissals and ensure workers' rights are protected.
Legal Awareness of Traditional Medicine Microbusinesses Regarding Halal Certificate Ownership in Bojonegoro Regency Ibrahim Musthofa; Sulistyowati , Eny; Muslimah , Kiki Cahya
NOVUM : JURNAL HUKUM Vol. 12 No. 02 (2025): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

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Abstract

This study aims to examine the legal awareness of traditional medicine micro-business sellers in Bojonegoro Regency regarding halal certification and to identify the factors influencing this awareness. The research was motivated by the fact that many traditional medicine micro-business actors in the region have not registered their products with the Halal Product Assurance Agency (BPJPH), despite the growing importance of halal certification in consumer protection and market access. The research adopts an empirical legal method with two central problems: (1) the level of legal awareness among traditional herbal medicine sellers concerning halal certificates, and (2) the internal and external factors influencing this awareness. The study reveals that legal awareness in this sector remains relatively low, as reflected in four key indicators: legal knowledge, legal understanding, legal attitudes, and patterns of legal behavior. Contributing factors include internal aspects such as limited educational background and lack of access to legal information, as well as external influences such as weak regulatory enforcement and insufficient socialization by relevant authorities. Based on these findings, the study recommends intensified outreach and education programs targeting traditional medicine sellers, as well as policy interventions to simplify the halal certification process for micro businesses. Strengthening collaboration between BPJPH, local government, and community leaders is also essential to enhance legal compliance and promote the legitimacy and competitiveness of traditional medicine in the halal market.
ANALYSIS OF JUDGE'S CONSIDERATIONS IN CRIMINAL SENTENCES FOR CLASS 1 DRUG ABUSE FOR SELF (Case Study of Labuan Bajo District Court Decision Number 28/Pid.Sus/2023/Pn Lbj) Mamuyab, Fillemon Hendrik Pagula
NOVUM : JURNAL HUKUM Vol. 12 No. 02 (2025): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

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Abstract

The research findings indicate that judges overlook 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. In its decision, the judge did not use the Supreme Court Circular as a consideration, which resulted in the decision in case number 28/Pid.sus/2023/PN Lbj not being in accordance with the provisions. 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.
The Criminal Act of Child Molestery on The Based on Mutual Consent in Qanun Jinayat is Reviewed with the Principle of Legal Preference (Decision No. 6/Jn/2019/Ms.Aceh) Muhammad Akmal TaufiqulHakim
NOVUM : JURNAL HUKUM Vol. 12 No. 02 (2025): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

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Abstract

Criminal acts in Aceh are regulated in Qanun Number 6 of 2014 concerning Jinayat, which is a regional regulation at the provincial level based on Islamic law. In the case of indecent acts committed against children on the basis of mutual consent in Decision No. 6/JN/2019/MS. Aceh acquitted the defendant based on Article 1 number 27 of Qanun Number 6 of 2014 concerning Jinayat. The purpose of this study is to examine indecent acts against children in Qanun No. 6 of 2014 concerning Jianayat using the principle of preference lex superiori derogat legi inferiori and lex specialist derogat legi generali. This study is normative and uses a case and statutory approach as a research methodology. The results obtained from this study are that there was an error by the judge in acquitting the defendant, based on Law No. 35 of 2014 concerning Child Protection and the Criminal Code which is based on the principles of lex superiori derogat legi inferiori and lex specialist derogat legi generali states that a child's consent cannot be used as a reason to exempt a person from the crime of molestation of a child based on mutual consent.

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