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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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Transparency Principle in Local Revenue Governance: An Administrative Law Perspective Athaya Faiz Wijayanti; Muh. Ali Masnun; Andy Usmina Wijaya
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.v12i4.74956

Abstract

This study offers an integrated normative empirical assessment of transparency implementation in local revenue governance, highlighting the structural gap between legal standards and administrative capacity. This study also analyzes the implementation of the principle of transparency in the management of Local Revenue (PAD) by the Regional Financial and Asset Management Agency (BPKAD) of Surabaya City as a manifestation of the application of the General Principles of Good Governance (AAUPB). Using a sociological legal empirical research method, this study combines primary data from interviews with the Head of the Treasury and Accounting Division of BPKAD Surabaya City with secondary data in the form of laws and regulations, official documents, and scientific literature. The results of the study show that BPKAD Surabaya City has implemented the principle of openness through proactive publication, an integrated information system, public information request services, and an SPBE-based data security mechanism. However, implementation still faces significant challenges, including normative aspects (interpretation of the boundaries between open and exempt information, legal timeframe inconsistencies), technical aspects (digital human resource limitations, system downtime, data integration), and institutional aspects (political pressure, information sensitivity, bureaucratic culture). This study concludes that although the regulatory framework is comprehensive, implementation of the principle of openness requires harmonization of legal norms with empirical capacity, strengthening of digital infrastructure, improvement of human resource competencies, and a sustained commitment to realizing transparent and accountable regional financial management.
The Replacement of Elected Members of The House of Representatives Prior to Inauguration and Principle of Legal Certainty Valensia Lie; Bachrul Amiq; Zevanya Gerdiman
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.v12i4.74958

Abstract

General elections are the main means of realizing people's sovereignty in Indonesia's democratic system, which is based on the principle of the rule of law. In practice, legal issues arise regarding the mechanism for replacing elected members of the House of Representatives of the Republic of Indonesia (DPR RI) before their inauguration, especially when the replacement is not entirely based on the highest number of votes. This condition has sparked debate regarding its compatibility with the principles of legal certainty and democracy. This study aims to analyze the compatibility of the mechanism for replacing elected DPR RI members prior to inauguration with the principle of legal certainty and to examine the legal consequences of this practice. The research uses a normative legal method with a legislative, case, and conceptual approach. The legal materials consist of primary legal materials in the form of legislation related to elections and secondary legal materials in the form of literature and legal doctrine. The analysis is conducted in a prescriptive-analytical manner. The results of the study indicate that the provisions on the replacement of elected candidates in Law No. 7 of 2017 on General Elections still contain unclear norms, particularly regarding the reasons for resignation and the authority of political parties in determining replacement candidates. This ambiguity has the potential to cause legal uncertainty, disregard the will of the voters, and reduce the legitimacy of the election results. Therefore, it is necessary to strengthen and affirm election regulations in order to guarantee legal certainty and protect the sovereignty of the people. This article contributes by critically examining the normative ambiguity of pre-inauguration replacement mechanisms and its impact on legal certainty and popular sovereignty.
Overtime Regulation and Contract Workers: A Philosophical Reflection on Justice and Legal Protection in Indonesian Labour Practice Siti Fara Maulidiyah Rachman; Muh. Ali Masnun; Widari Azhar Syaputri
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.v12i4.75836

Abstract

The implementation of overtime working hours and the payment of overtime wages for workers employed under Fixed-Term Employment Agreements (Perjanjian Kerja Waktu Tertentu/PKWT), based on the prevailing laws and regulations, namely Law Number 11 of 2020 on Job Creation and Government Regulation Number 35 of 2021, provides that PKWT workers are entitled to overtime working hours and overtime wages in accordance with statutory provisions. However, in practice, cases are still found in which PKWT workers are required to work beyond the stipulated working hour limits without receiving the overtime wage compensation to which they are legally entitled. This situation can be observed in certain companies, which become the focus of this study in relation to the implementation of legal protection for workers who work beyond the prescribed working hours. This research aims to examine and analyze the implementation of overtime working hour provisions and the payment of overtime wages for workers employed under Fixed-Term Employment Agreements (PKWT). To achieve this objective, the study employs empirical legal research using a juridical-empirical approach, also known as a sociology of law approach, supported by field data obtained through a case study of companies employing PKWT workers. The results of the study indicate that many companies have not yet fully implemented overtime provisions in accordance with applicable regulations, both in terms of working hour limits and the provision of overtime wage compensation.
Reassessing Electoral Design and Constitutional Consistency in Indonesia Febrianti Puspitasari; Hananto Widodo; Alfalah Fadhilah Fiisabilillah
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.v12i4.76589

Abstract

This study is motivated by the Constitutional Court's paradigm shift in interpreting the design of general elections in Indonesia, from initially promoting simultaneous elections through Decision Number 14/PUU-XI/2013 to emphasizing the separation between national elections and regional head elections. The focus of this research is the legal implications of this separation on the presidential system of government as well as budget efficiency and the effectiveness of government administration within the framework of the Unitary State of the Republic of Indonesia. The research uses a normative legal method with a legislative, conceptual, and case approach, through qualitative analysis of the 1945 Constitution, Constitutional Court decisions, as well as scientific literature and journals based on the theories of Democracy, Authority, the Presidential System, the Unitary State, and the Open Legal Policy doctrine. The results of the study show that Constitutional Court Decision Number 135/PUU-XXII/2024 reflects the Court's inconsistency in applying the Open Legal Policy doctrine, which has an impact on disrupting the synchronization of national policies, increasing the budget burden, and the potential for weakening government stability, so that it is not yet fully in line with the spirit of constitutional integration and effective governance.
Problematika Pertimbangan Hukum Hakim Dalam Putusan MK Nomor 66/PUU-XXIV/2026 Terkait Kerugian Keuangan Negara Dalam Hukum Administrasi Negara Ahnaf Daffa Fakhruddin Madjid; Muh. Ali Masnun; Reva Aurelia Azzah
NOVUM : JURNAL HUKUM Vol. 13 No. 1 (2026): Novum: Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v13i1.78943

Abstract

This research focuses on the legal considerations of judges in the Constitutional Court Decision Number 66/PUU-XXIV/2026 regarding the interpretation of state financial losses from the perspective of Administrative Law. The research problem arises from the conceptual differences between state financial losses in criminal law, which emphasize tangible, actual, and financially calculable losses, and the concept of state financial losses in Administrative Law, which has a broader scope. This research uses a normative legal research method with a statutory approach, a conceptual approach, and a case approach thru the analysis of Constitutional Court Decision Number 66/PUU-XXIV/2026. The research results show that the Constitutional Court maintains the use of the term "state financial loss" in the Government Administration Law on the grounds that it provides a clearer, more objective, and measurable measure of loss, thereby ensuring legal certainty. However, the legal considerations are not yet fully relevant to the concept of state financial loss in Administrative Law because they are still dominated by a criminal law approach that is oriented toward economic and financial losses. However, in Administrative Law, state financial losses do not only encompass technical, economic, and factual losses, but also include administrative, institutional, and functional losses such as disruptions in public services, procedurally flawed decisions, abuse of authority, declining public trust, and failure to achieve government objectives. The legal implication of that decision is the narrowing of the meaning of state financial loss, which has the potential to create legal uncertainty in government administrative practices. Therefore, constitutional judges need to integrate juridical, philosophical, and sociological approaches more balancedly and pay attention to the principles of good governance and the General Principles of Good Governance (AUPB), while further research should develop multidisciplinary studies to clarify the conceptual boundaries of state financial losses in various legal regimes
Consumer Protection in Online Virtual Game Object Sales Transactions on Social Media X Putri Aininda; Muh. Ali Masnun
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.v12i4.79172

Abstract

Online transactions conducted without face-to-face interaction offer efficiency in terms of distance and time, but on the other hand, because they are not conducted face-to-face, there is a possibility of discrepancies in the items being sold, whether in terms of quantity, form, or quality. Online transactions involving virtual game items conducted through social media platform X also have the potential to encounter the same issues, which would be detrimental to online gamers as consumers. This study aims to analyze consumer legal protection in online game virtual item transactions on social media platform X, as well as the legal measures consumers can take regarding losses incurred in such transactions. This study employs a normative research approach using both a statutory approach and a conceptual approach. The findings reveal that consumer protection in transactions involving the buying and selling of virtual game items is not yet optimal, necessitating legal measures, including through court proceedings and alternative dispute resolution mechanisms via the Consumer Dispute Resolution Agency (BPSK).
The Category of Unauthorized Donations Via Tiktok is Included as an Act of Begging in Article 504 of the KUHP Oky Putri Firninda; Emmilia Rusdiana
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.v12i4.79175

Abstract

The development of the times and technology does have a good impact, but it often also creates new problems. One of them is begging that is conducted online. The rules of begging already exist in the Criminal Law and also in several Regional Regulations. However, these regulations do not specifically mention the definition of begging carried out in networks. Begging that is carried out online, so this research raises legal issues of norm ambiguity. The purpose of this research is to find out whether Surabaya Regional Regulation has regulated begging that is carried out in networks. Then it will be examined whether this begging in the network can be subject to Article 504 of the Criminal Code on begging in public or not. The method used in this research is normative juridical. The results of the discussion show that, being in the network can be equated with begging that is often can be equated with begging that we often encounter in public places. So that Article 504 of the Criminal Code can be used to sanction someone who is begging in the network.
Regional Notary Supervisory Council in Handling Violations of the Notary Code of Ethics Related to Non-Compliance with the Reading of Deeds Before the Presentative and Witnesses Diana Putri Sovia; Dita Perwitasari
NOVUM : JURNAL HUKUM Vol. 13 No. 1 (2026): Novum: Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v13i1.79222

Abstract

This research examines the function of the Regional Supervisory Council (MPD) according to the Law on the Position of Notaries (UUJN) in dealing with violations of electronic codes, especially violations of the obligation to read deeds in the presence of an audience and at least two witnesses. Using a juridical-normative approach, the study deepens the UUJN text, electronic code, and derivative regulations. MPD acts as a recipient of initial complaints from the public, carrying out initial examinations objectively and transparently. Even though it does not impose direct sanctions, the MPD produces recommendations to the Regional Supervisory Council (MPW) and the Center so that sanctions can be implemented according to determines. UUJN requires the notary to read the deed in the presence of at least two witnesses unless the person has read it himself and stated it officially. This violation causes the deed to lose its authentic status and is only valuable as a private deed. The MPW can give verbal or written warnings, while the Central Supervisory Council (MPP) or the Ministry of Law and Human Rights has the authority to impose sanctions of temporary suspension or civil service, depending on the seriousness of the violation. The results of the research show that this multi-level supervision system creates effectiveness and danger in maintaining the professional integrity of notaries. However, its effectiveness is still limited by low public awareness of notary procedures and lack of participation in the complaints process. Therefore, recommendations are directed at: (1) strengthening MPD institutional capacity; (2) increasing socialization of UUJN and electronic codes to the community; and (3) increasing the capabilities of MPD members in supervision and development. This step is expected to increase notaries' compliance with their deed reading obligations and strengthen public trust in the notarial profession.
The Analysis of Constitutional Court Decision Number 114/PUU-XX/2022 Regarding the Judicial Review of the Proportional System in General Elections Dwi Altin Fajrunnafi'; Hananto Widodo
NOVUM : JURNAL HUKUM Vol. 13 No. 1 (2026): Novum: Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v13i1.79223

Abstract

This study analyzes Constitutional Court Decision Number 114/PUU-XX/2022 concerning the judicial review of Law Number 7 of 2017 on the general election proportional system in Indonesia. The issue arises from a perceived constitutional inconsistency between the open-list proportional system adopted in the law and the 1945 Constitution, particularly in how it diminishes the institutional role of political parties in elections. The petitioners argued that the current system undermines party functions, promotes individualism, and facilitates money politics. The objective of this study is to critically assess the Constitutional Court's decision, which rejected the petition on the grounds of open legal policy and lack of legal reasoning. It also aims to evaluate whether the Court should have adopted a judicial activism approach in reviewing the proportional electoral system. Using a normative juridical method, the research relies on primary and secondary legal sources, including statutory regulations and constitutional principles, to analyze the legal reasoning behind the Court's decision and its broader implications. The findings suggest that although the Court emphasized legislative discretion, it missed an opportunity to assert its role as a negative legislator to address the legal and moral inconsistencies of the open-list system. The study concludes that a limited open proportional system may serve as a more balanced alternative—preserving voter choice while reinforcing political party roles. Strengthening party cadre systems is also recommended to ensure democratic integrity and effective political representation.
The Authority of Class II Auction Officials Regarding the Legality of Auction Minutes in Relation to Legal Certainty Firsta Vindy Ausely; Dita Perwitasari
NOVUM : JURNAL HUKUM Vol. 13 No. 1 (2026): Novum: Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v13i1.79225

Abstract

Minister of Finance Regulation N umber 189/PMK.06/2017 authorizes Class II Auctioner to conduct sales of goods through voluntary non-execution auctions and prepare minutes of the event known as “minutes of auction”. The limited explanation of Article 15 paragraph (2) letter g of the Law on Notary Position Amendment (UUJN-P), regarding notaries being appointed as Class II Auctioneer to exercise similar authority, creates normative ambiguity that causes legal uncertainty. This study aims to examine the legal certainty of the authority of the Class II Auctioneer on the legality of the minutes of the auction and the form of responsibility if there are problems with the minutes of the auction. Th e research method use d is normative legal research method using a statutory approach and conceptual approach. The results showed that Class II Auction eer has the capacity to make minutes of auction prepared in accordance with the provisions of Article 1868 of the Civil Code. Based on the analysis of the explanation of the UUJN-P article, notaries must follow the requirements and procedures for the appointment of Class II Auctioneer and do not require applicants to have a notary background. The Class II Auction eer is fully responsible for the formal and material correctness of the minutes of auction prepared. If there are editorial errors, corrections can be made through the procedures specified in the Ministry of Finance Regulation Number 86 of 2024 concerning Minutes of Auction, as a form of administrative responsibility of the official concerned.

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