Jurnal Hukum Novelty
Jurnal Hukum Novelty (ISSN 1412-6834 [print]; 2550-0090 [online]) is the Journal of Legal Studies developed by the Faculty of Law, Universitas Ahmad Dahlan. This journal published biannually (February and August). The scopes of Jurnal Hukum Novelty are: Constitutional Law, Criminal Law, Civil Law, Islamic Law, Environmental Law, Human Rights, International Law, and also interconnection study with Legal Studies in accordance with the principle of novelty.
Articles
8 Documents
Search results for
, issue
"Vol 10, No 1 (2019)"
:
8 Documents
clear
<![CDATA[The Execution of the Administrative Court’s Decision; Looking for Its Justice and Legal Certainty ]]>
<![CDATA[Ayuk Hardani]]>
<![CDATA[ Jurnal Hukum Novelty Vol 10, No 1 (2019) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (813.198 KB)
|
DOI: 10.26555/novelty.v10i1.a12704
<![CDATA[Introduction to The Problem: The execution of the Administrative Court’s decisions seems floating, and there is no final settlement. The implementation of the decision of the State Administrative judge is entirely left to the awareness of the administration official or institution. The problem is that the officials are lack of awareness due to the less supervision by a higher institution like the House of Representatives.Purpose/Objective Study: This article aims to find out the execution to carry out the Administrative court and Administrative court decisions that can provide a sense of justice and legal certainty to the public.Design/Methodology/Approach: The study in this article uses a doctrinal approach with secondary data sourced from books and journals, and is presented using a qualitative method.Findings: The study showed that the execution of the court’s decision only emphasizes the sense of self-respect and legal awareness of the Administrative officials and there has been no application of forced efforts against Administrative officials if they do not implement it. Administrative actions must be following the principles of a legal constitution dominated by the norms of public policy to prevent acts of abuse of authority from higher powers.]]>
<![CDATA[The Mortgage Right as MurÄbaḥah Financing Security ]]>
<![CDATA[Reni Anggriani]]>;
<![CDATA[Galang Rizki]]>;
<![CDATA[Wida Febriansyah]]>
<![CDATA[ Jurnal Hukum Novelty Vol 10, No 1 (2019) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (734.194 KB)
|
DOI: 10.26555/novelty.v10i1.a13692
<![CDATA[Introduction to The Problem: In order to guarantee the legal certainty for the Islamic banking customer in murÄbaḥah financing is the requirement of mortgage right. The bank customer may use mortgage right as collateral in murÄbaḥah financing. Furthermore, the right can be implemented in the indebtedness, which is different from debt.Purpose/Objective Study: This research aims to find out the contract (al-‘aqd) that is used by the shariah bank to implement the mortgage rights in murÄbaḥah financing.Design/Methodology/Approach: This study is normative juridical research with emphasis beginning on a legal event and then looking for references to a norm system. Therefore, this legal research is conducted by examining primary and secondary legal materials, and non-legal materials relating to the application of Mortgage Rights in Financing, especially for murÄbaḥah financing. In this study, the approach was the statute approach by examining all laws and regulations relating to legal issues, and case approach by examining several cases that have a relationship with the legal issues to be discussed.Findings: The result of this study is that the implementation of mortgage right in murÄbaḥah financing is the possibility of using another contract made by sharia banking with its customers; the contract of acknowledgment of debt. This basis is used as the justification of the implementation of mortgage rights in murÄbaḥah financing.]]>
<![CDATA[Limitation of Foreign Investment in the Banking Sector in Indonesia ]]>
<![CDATA[Addinul Haq Yaqub]]>;
<![CDATA[Adi Kadir]]>;
<![CDATA[Muhammad Naufal Ali Syafi'i]]>
<![CDATA[ Jurnal Hukum Novelty Vol 10, No 1 (2019) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (755.624 KB)
|
DOI: 10.26555/novelty.v10i1.a12735
<![CDATA[Introduction to The Problem: The liberalization of the banking sector as an implication of Act No. 10 of 1998 regarding amendment of Act No. 7 of 1992 concerning Banking comes into force. In a state, banking has become one of the most crucial sectors in economic matters. Its role is to stimulate the economic growth in the state, according to Mohammad Hatta, the bank is the principle of improvement in the society if a bank does not exist then there will be no improvement like nowadays. Purpose/Objective study: The research aims to describe and examines issues of the Effect of Foreign Capital Restrictions in the Indonesian Banking Sector in a legal, economic, and political perspective. The study looked from the Conception of Welfare State and the Political Strategy of the Law of Economic Development In the case of Foreign Capital Restrictions in the Indonesian Banking Sector to compete globally.Methodology/Approach: This legal writing is normative juridical research that uses a statute approach and a historical approach to be able to provide solutions to existing legal issues.Findings: The results of the analysis show that the Politics of the law of foreign investment in the banking sector must be referred to Banking Act of 1992 in Article 22-26 before anything happens that endangers the interests of the nation and the State. Also, it needs for regulations from Bank Indonesia to leverage foreign capital in the banking sector that will directly improve the economy in the real sector, in order to anticipate the impact of foreign capital ownership in the future of Indonesian banks.]]>
<![CDATA[The Existences of International Law in The Establishment of Indonesian National Regulation on The Protection of Traditional Knowledge ]]>
<![CDATA[Budi Hermawan Bangun]]>
<![CDATA[ Jurnal Hukum Novelty Vol 10, No 1 (2019) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (928.531 KB)
|
DOI: 10.26555/novelty.v10i1.a13122
<![CDATA[Introduction to The Problem: The debate about whether the protection of traditional knowledge governed by international law has led developing countries, such as Indonesia, to have the potential for traditional knowledge to feel disadvantaged.Purpose/Objective Study: This paper intends to discuss the existence of international law in the formation of Indonesian national regulations concerning the protection of traditional knowledge.Design/Methodology/Approach: This research designed as doctrinal legal research. The data used in this study are secondary data which analyzed qualitativelyFindings:Â From the results of research and discussion it is known that stipulation of regulations related to the protection of traditional knowledge in Indonesia needs to be accompanied by efforts to encourage the acceptance of national interests in international agreements, both through increasing TRIP agreements and the ASEAN framework. Also, it must be ensured that all binding international legal instruments related to traditional knowledge will truly benefit especially the community of traditional knowledge owners in Indonesia.]]>
<![CDATA[Illegal Hunting Prevention by Indigenous People in Bromo Tengger Semeru National Park ]]>
<![CDATA[Hablana Rizka Achmadi]]>;
<![CDATA[Adelia Ramadhani Savitri]]>;
<![CDATA[Adhe Puspawari Hardhany]]>;
<![CDATA[Ayu Rini Tirtasari Haryono]]>;
<![CDATA[Muh. Danny Wirawan]]>
<![CDATA[ Jurnal Hukum Novelty Vol 10, No 1 (2019) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (634.346 KB)
|
DOI: 10.26555/novelty.v10i1.a13561
<![CDATA[Introduction to The Problem: National park is a conservation area which has the most advanced management system compared to forest park, Nature Park, nature reserves, and wildlife reserves. The national park is becoming the area that can anticipate the hunt and to prevent the extinction of protected animals. One of the largest national parks in East Java is Bromo Tengger Semeru. Around the park, there lived a Tengger tribe whose role is to maintain the conservation areas.Purpose/Objective Study: The purpose is to determine the response on illegal hunting conducted by people around Bromo Tengger Semeru National Park and to determine the factors supporting the illegal hunting prevention in Bromo Tengger Semeru National Park.Design/Methodology/Approach: The type of this study is sociological law study using qualitative methodology — the data collected through observation, interviews, and literature.Findings: The results show that the way the Tengger tribe prevent illegal hunting is by doing spiritual guidance. While the supporting factors in preventing illegal hunting is the law and legal custom owned by Tengger tribe, thus the customary law applied by Tengger tribe is more effective than national law.]]>
<![CDATA[Recognition and Strengthening the Customary Land Ownership in Central Borneo Province ]]>
<![CDATA[Nur Putri Hidayah]]>;
<![CDATA[Sholahuddin Al-Fatih]]>
<![CDATA[ Jurnal Hukum Novelty Vol 10, No 1 (2019) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (821.595 KB)
|
DOI: 10.26555/novelty.v10i1.a12980
<![CDATA[Introduction to The Problem: The rapid flow of globalization has brought indigenous peoples to prolonged horizontal and vertical conflicts. The majority of conflicts triggered by who has the right to own the land and functionalize it. The land that belongs to indigenous peoples and it inherited from generation to generation, suddenly taken by investors and it even supported by the government. The indigenous people are often victimized and forced out from their customary lands. They who try to claim the rights sometimes experience obstacles because of the stronger and dominant government position in the court. One of these conflicts occurred in the Dayak community in Central Borneo Province.Purpose/Objective Study: This study aims to determine the problems experienced by indigenous peoples in Central Borneo Province, as well as to find out the mechanism for establishing a legal protection system in order to provide recognition and strengthening ownership of customary land in the Central Borneo Province.Design/Methodology/Approach: This study uses normative research methods, with statute approaches and conceptual approaches.Findings: there are serious problems experienced by indigenous people in Central Borneo Province, related to customary land in their territory. However, there are legal safeguards that can be carried out through formal and administrative land recognition.]]>
<![CDATA[The Responsibility of Indonesia for Deforestation Based On United Nations Convention On Biological Diversity ]]>
<![CDATA[Christina Nitha Setyaningati]]>;
<![CDATA[Asilah As]]>;
<![CDATA[Cecealia Zefania Tandiono]]>;
<![CDATA[Elvira Anastasia Cempaka]]>;
<![CDATA[Muhammad Rizki]]>
<![CDATA[ Jurnal Hukum Novelty Vol 10, No 1 (2019) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (824.422 KB)
|
DOI: 10.26555/novelty.v10i1.a13471
<![CDATA[Introduction to The Problem: Indonesia is one of the participants of the United Nations Convention On Biological Diversity Or better known as UNCBD. Indonesia has also ratified this UNCBD into Act No. 5 of 1994 on the Ratification of the UNCBD. By this ratification, Indonesia has obligations and responsibilities that must be carried out under the provisions of the Convention. One is about the protection of the environment; in this case, is deforestation relating to biodiversity. Based on UNCBD, Indonesia also should make the implementing Law for the ratification. The problem is that Indonesia has no implementing regulation yet for the ratification.Purpose/Objective Study: The purpose of this paper is to find out the concept of environmental protection; in this case, deforestation based on the UNCBD and positive law in Indonesia. It also suggests what forms of Indonesia’s responsibility and what implementation steps to overcome the deforestation occurring in Indonesia.Design/Methodology/Approach: The research employs the qualitative method based on a normative juridical study. Additionally, the authors used two approaches, which are conceptual and the statute approach.Findings: Indonesia has not explicitly made an implementing law for Act No. 5 of 1994 as a ratification law of UNCBD. For that reason, it is the government responsible for making the implementing regulation. The Indonesian government should pay attention to the previous legal-made experience regarding the other ratification before UNCBD. The simple steps, but the main base reasons are using consideration phrase of the inexistence of implementing regulation for the ratified-UNCBD and also the government responsibility to oblige the ratification.]]>
<![CDATA[Transfer Control of Public Housing Ownership in Indonesia ]]>
<![CDATA[Muhammad Jibril]]>;
<![CDATA[Alexandra Geradina Maretta]]>
<![CDATA[ Jurnal Hukum Novelty Vol 10, No 1 (2019) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (649.339 KB)
|
DOI: 10.26555/novelty.v10i1.a13624
<![CDATA[Introduction to The Problem: Resettlement/Shelter is one of the basic human needs and plays a strategic role as the formation of character as well as national personality. However, there is still a problem concerning the availability of public housing in Indonesia. The root of this problem is because people are free to transfer their ownership over their public housing, which leads to the escalation of public housing price. One of the situations where an escalation of public housing price occurred and inaccurate-ownership is in Kalibata City. Kalibata City was supposed to be public housing, but in the present, it 3is occupied by upper-middle-income families as well as an investor.Purpose/Objective Study: The purpose of this research article is to observe, analyze, and criticize the transfer of public housing ownership in Indonesia and provide a comparison with the Community Land Trust in the United States of America.Design/Methodology/Approach: The research method employed in this research article is normative research method, whereas the types of data utilized are literature studies. The literature studies comprise of various sources in the form of laws, books, and journals related to public housing. The data is analyzed by employing a qualitative method and presented descriptively.Findings: The result of this research article indicates that the Government Regulation which is a follow-up to Article 55 paragraph (5) Law Number 1 of 2011 regarding Housing and Resettlement Area which mandates to regulate further related to the appointment and establishment of the institution has not been formed yet. Furthermore, to realize intergenerational justice, the transfer institution must be burdened with specific duties.]]>
