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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 1,614 Documents
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Ius Constituendum Regulation of Gambling in Indonesia: A Perspective of the Philosophy of Law Volkgeist Friedrich Carl von Savigny Faisol; Rizky Akbar; Souad Ahmed Ezzerouali
NOVUM : JURNAL HUKUM Vol. 11 No. 02 (2024): The Philosophy of Law in Action: Ontology, Justice, and the Moral Legitimacy
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v11i02.72401

Abstract

This article discusses the phenomenon of gambling in Indonesia from the perspective of the Volkgeist legal philosophy of Friedrich Carl von Savigny, which asserts that law is not merely a product of formal legislation, but rather an expression of the collective spirit of a society living within local traditions and culture. Although gambling is prohibited in positive law, traditional gambling practices that are ingrained in the cultural identity of various ethnic groups indicate a tension between formal law and customary law rooted in the Volkgeist. Therefore, law enforcement against gambling needs to accommodate cultural values and local wisdom so that legal policies can be accepted and effective, as well as and maintain social harmonysocial harmony can be maintained. Future gambling regulations should be based on the understanding that the law reflects the collective spirit of society, with an approach that integrates formal legal aspects and respect for tradition, supported by cross-institutional collaboration and public education to effectively combat online gamblingto combat online gambling effectively. This holistic approach is expected to create a balance betweenbalance the supremacy of law and the preservation oflaw supremacy and preserve local values for sustainable justice and social order in Indonesia.
Dissecting the Ethics Court in Indonesia: Problems and Future Regulations from a Legal Philosophy Perspective Nheo Adi Kurniawan; Deva Mahendra Caesar Bimantya; Zerry Akbar Yudisetyo
NOVUM : JURNAL HUKUM Vol. 12 No. 02 (2025): The Dialectics of Justice, Legal Certainty, and Expediency in Contemporary Le
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v12i02.72405

Abstract

The term "ethics court" has become one of the most interesting terms in Indonesia, given the existence of various institutions that enforce ethical codes within the public official sphere and various specific professions. Despite this, there are issues regarding the status of ethical courts in Indonesia, with debate over whether such courts exist or not. This research aims to analyze and reflect on the development of ethics courts in Indonesia, including their problems and future regulations, from a legal philosophy perspective. This research is normative legal research with philosophical, conceptual, case, and legislative approaches. The research findings confirm that from the perspective of positive law in Indonesia, ethics courts still function as administrative instruments subject to the formal legal system, and are therefore not yet able to play an autonomous role in substantively upholding the integrity and morality of the profession. The lack of a clear distinction between the domains of ethics and law obscures the function of ethical courts as protectors of professional dignity and public morality. From a legal philosophy perspective, forward-looking regulations are needed to balance the principles of morality and legal certainty with the strengthening of a solid legal foundation, recognition of independence, and the final authority of ethics courts. Thus, the forward-looking regulatory strategy aims to make the ethics court a pillar of substantive justice that respects universal moral values while also providing legal certainty in the conduct of an integrated state.
Food Security Legal Policy in Indonesia from the Perspective of Law as Social Engineering: Implications and Future Regulations Debby Febrian Eprilianto; Reza Ubaidah
NOVUM : JURNAL HUKUM Vol. 11 No. 02 (2024): The Philosophy of Law in Action: Ontology, Justice, and the Moral Legitimacy
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v11i02.72406

Abstract

This research examines the implications of food security law policies in Indonesia through the perspective of law as social engineering as proposed by Roscoe Pound and Mochtar Kusumaatmadja. This research is a normative legal study that emphasizes a conceptual and legislative approach. The research findings emphasize underline that the implications of food security law policies in Indonesia, viewed from the perspective of law as social engineering according to Roscoe Pound and its development by Mochtar Kusumaatmadja, indicate that law functions as an instrument of social transformation that harmonizes the interests of individuals and society, strengthens national food sovereignty, and supports sustainable national development resilient to global challenges. Future The future food security policy regulations must be designed systematically and responsively to social, cultural, and environmental dynamics, with regulatory harmonization, strengthening institutional coordination, integration of information technology, and legal protection for farmers and food business actors. This comprehensive, adaptive, and participatory approach emphasizes the role of law as a means of constructive social change and supports inclusive and sustainable national food security.
Between Nations or Cultures: Dilemmas Related to Intellectual Property Based on Traditional Cultural Expression from a Legal Philosophy Perspective Dita Perwitasari; Budi Santoso; Yunanto; Puja Aqdamuyasrro; Cantika Sari Siregar
NOVUM : JURNAL HUKUM Vol. 12 No. 4 (2025): Law as Normative Rationality: Ontological Foundations of Rights, Governance, a
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v12i4.72432

Abstract

The expression of traditional cultural expressions as intellectual property is the result of the community's collective creativity and intellectuality and must receive effective legal protection. In practice, there is often a phenomenon of filtering claims between countries regarding the existence of a particular cultural expression. This research is normative legal research that emphasizes philosophical, conceptual, and legislative approaches. The research findings confirm that the state plays a role in promoting respect for and recognition of traditional cultural expressions as intellectual property, serving as a collective human identity through policy, education, and public awareness programs. From a legal philosophical perspective, the recognition of traditional cultural expressions faces dilemmas and conflicts, primarily due to the communal nature and cross-border existence of such cultures. Therefore, an update to international regulations is needed, particularly the Convention on the Safeguarding of the Intangible Cultural Heritage (CSICH), which must affirm the communal nature of such intellectual property and regulate fair and pluralistic mechanisms for resolving disputes between countries. The main recommendation is to revise the CSICH to accommodate communal characteristics and clarify mechanisms for resolving disputes over cultural recognition between countries.
Implementation of Industrial Relations Dispute Settlement Between Workers and Employers Through Mediation at the Gresik Regency Manpower Office in 2021 – 2023 Muhammad Firdaus Iqbal; Mahendra Wardhana
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.v11i03.74283

Abstract

In Article 1 paragraph (11) of Law Number 2 of 2004 concerning Industrial Relations Dispute Settlement, Industrial Relations Mediation hereinafter referred to as mediation is the settlement of disputes over rights, interest disputes, employment termination disputes, and disputes between labor unions only within one company through deliberations mediated by one or more neutral mediators. According to this article, mediation at the Labor Office of Gresik Regency is led by one mediator totaling 6 industrial relations mediators. This study was conducted to find out first, how is the implementation of industrial relations dispute settlement between workers and employers through mediation at the Labor Office of Gresik Regency in 2021-2023? Second, what are the obstacles faced by industrial relations mediators in conducting mediation at the Labor Office of Gresik Regency in 2021-2023? This research uses empirical legal research methods with a socio-legal approach which is an approach from the perspective of society with data collection methods through interviews with mediators and workers, observations, and documentation. The research results indicate that: First, the implementation of mediation at the Labor Office of Gresik Regency has been carried out well with a success rate in mediation of over 50%, both through collective agreements and recommendations. Second, the obstacles encountered in the mediation process are due to various factors, namely the employer factor who is often late or absent from mediation sessions, the worker factor of lack of evidence and understanding of applicable regulations, and the mediator factor of insufficient number of mediators and facilities.
Reconstruction of Environmentally Conscious Mining Regulations in Indonesia: Perspectives from Islamic Legal Philosophy Bayangsari Wedhatami; Ayup Suran Ningsih
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.v12i01.74323

Abstract

Mining can be understood as the act of extracting non-renewable natural resources from within the earth. In Indonesia, mining is intended to achieve the greatest possible prosperity and well-being for the people. This research, focusing on the reconstruction of environmentally sound mining regulations in Indonesia from the perspective of Islamic legal philosophy, is a normative legal study based on doctrinal analysis with a philosophical approach as the primary method. The research findings emphasize that the urgency of environmentally sound mining regulations in Indonesia becomes highly significant when viewed from the perspective of Islamic legal philosophy, particularly the concept of hifdzul bi'ah within the maqashid syariah, which emphasizes human responsibility as a caliph to maintain ecological balance and protect the environment. Given the extractive nature of mining, which has a negative impact on ecosystems, strict regulations and comprehensive oversight are needed to ensure that mining practices do not conflict with Sharia principles regarding environmental preservation. Reconstruction of mining regulations based on the philosophy of hifdzul bi'ah (environmental protection), with a focusfocusing on explicitly integrating the principles of sustainability, social justice, and ecological responsibility into the regulations. The concrete strategies put forward include improving reclamation and post-mining regulations, implementing environmental impact assessments that incorporate Islamic values, enforcing fair and firm sanctions, and providing incentives for eco-friendly mining innovations.
Legal Protection for Participants Regarding the Minutes of The Deed as Part of The Notary Protocol Which Was Destroyed Due To Fire Fauziah Rachmadyta; Mahendra Wardhana
NOVUM : JURNAL HUKUM Vol. 12 No. 02 (2025): The Dialectics of Justice, Legal Certainty, and Expediency in Contemporary Le
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v12i02.74363

Abstract

The purpose of this study is to analyze the legal protection for the Parties against the Deed Minute as part of the Notary Protocol that was destroyed by fire and efforts to obtain a copy of the Deed as an interest for the Confronters after the Deed Minute was destroyed by fire. The research method used is normative research using a research approach in the form of a statutory approach using Article 28D paragraph (1) of the 1945 Constitution, Article 1889 paragraph (1) and paragraph (2) of the Civil Code, and Article 16 paragraph (1) letter b of the UUJN-P constructed by the method of legal discovery, namely Argumentum per analogiam and using a concept approach. The result of the research is that there is no regulation related to legal protection for the Parties if the Minute of Deed is damaged or destroyed due to fire or force majeure. Furthermore, regarding efforts to obtain a second or subsequent copy of the Deed for the Faces after the destruction of the Deed Minute due to fire.
Reconstruction of the Normative Legal Research Paradigm in Responding to Global Challenges: An Epistemological Analysis Muh. Ali Masnun; Dicky Eko Prasetio; Maalikatussofa
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.v12i03.74364

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.
Lex Sportiva and Lex Ludica: The Existence and Reconstruction of Sports Law Principles in the Postmodern Era Dicky Eko Prasetio; Muhammad Akmal Habib
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

Abstract

Sports law is a relatively new field that examines the legal aspects of sports, which is experiencing increasingly rapid development, particularly in the postmodern era. The principles of lex sportiva and lex ludica are fundamental in the field of sports law, but in practice, they often clash. This research aims to analyze and reflect on these principles as important foundations in Indonesian sports law in the postmodern era, viewed from the perspective of legal philosophy. This research is normative legal research that examines aspects of legal philosophy, so its orientation is not merely normative-doctrinal, but also reflective. The research findings confirm that the development of sports law in the postmodern era shows a significant increase, characterized by the emergence of the idea of legal pluralism, where non-state law plays an important role as a complement and counterbalance to state law. The fundamental essence of these principles reflects the plural and complex dynamics of law, where both principles possess their own autonomy and independence, complementing each other within the sports legal system. This research recommends strengthening the understanding of legal pluralism and clarifying the lex sportiva, which is related to its general characteristics, while the lex ludica emphasizes the independence and autonomy of game law in each sport.
Barbarian Digital Society: A Legal Philosophy Perspective on Efforts to Overcome the Moral Degradation of Indonesian Netizens Ferry Irawan Febriansyah; Aldo Redho Syam; Vivi Ayudya Permatasari
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

Abstract

The "Digital Barbarian Society" phenomenon occurs when Indonesian society suffers moral degradation in its activities on social media. Contradicts Indonesian society's culture, which highly values politeness and moderation. This normative legal research emphasizes philosophical, conceptual, and legislative approaches. The research findings confirm that the phenomenon of "Digital Barbarian Society" in Indonesia, particularly on social media, is triggered by a combination of factors such as the rapid development of digital technology without adequate digital literacy and ethics, the digital access gap, socio-psychological pressure, and the widespread dissemination of misinformation and hoaxes that lead to rudeness and chaos in cyberspace. From a legal philosophy perspective, the effort to regulate must go beyond mere punishment by emphasizing the formation of ethical awareness and the internalization of digital civility values rooted in society's legal culture. The ratification of the new Criminal Code and the revision of the ITE Law provide a more relevant and responsive legal basis for digital dynamics by balancing freedom of expression and the protection of public rights. Legal philosophy serves as the moral and social foundation that guides the application of digital law to achieve comprehensive digital justice and ethics

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