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.
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<![CDATA[Disgorgement as Remedial Action in Indonesian Capital Market Regime ]]>
<![CDATA[Uni Tsulasi Putri]]>
<![CDATA[ Jurnal Hukum Novelty Vol 11, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v11i1.a15673
<![CDATA[Introduction to The Problem: In 2019, Financial Services Authority introduced the disgorgement within the field of Indonesian Capital Market by the establishment of OJK Regulation Draft concerning Disgorgement and Disgorgement Fund in the Capital Market. Disgorgement itself is a very new concept in Indonesia. It is meant to be a remedial action, furthermore, it is expected to prevent Party for enjoyment of illegal profit, compensate the victim’s loss, containing corrective element, as well as to give deterrence effect.Purpose/Objective Study: This study aims to study on how the disgorgement as remedial action would apply and create deterrence effect in Indonesian Capital Market Regime.Design/Methodology/Approach: This is a normative legal research which uses qualitative research method. This study will conduct literature review and comparative study with disgorgement regulation within the field of securities law in common law and civil law jurisdiction.Findings: In upcoming disgorgement technical manner, OJK will give a written order for the Party who violate capital market regulation and pursuing illegally obtained profit or illegally avoided loss to return sum amount of money sum up with the interest (if any). To uphold this scheme, Indonesia needs to develop the theoretical framework such as actio de in rem verso or unjust enrichment. Furthermore, in order to create deterrence effect, Indonesia shall provide effective, proportionate and dissuasive sanction.]]>
<![CDATA[Legal Knowledge Management System on Family Law for Society ]]>
<![CDATA[Nur Putri Hidayah]]>;
<![CDATA[Galih Wasis Wicaksono]]>
<![CDATA[ Jurnal Hukum Novelty Vol 11, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v11i1.a15614
<![CDATA[Introduction to The Problem: Until 2018, the problem in the realm of family law (marriage and inheritance) were the highest problems faced in religious courts. Through the Community Program for Women and Children Care (Madupria), the family welfare movement of Sumbersekar Village (PKK Desa Sumbersekar) wants to help in speaking out about the family’s legal problems that have been faced by the community in Sumbersekar village. Family legal issues in the community can be diminished if the community has good legal knowledge (intelligent legal). Nowadays, the current digital, legal collaboration, and information technology, should be utilized. One of the ways is through a legal knowledge management system, which will create a family legal savvy community in Sumbersekar village.Purpose/Objective Study: The purpose of this research is to perceive why family law problems occur in the village of Sumbersekar, and what kind of family law knowledge is needed, as well as modeling cases through a legal knowledge management system.Design/Methodology/Approach: This is multidisciplinary research that uses sociological legal research method, as well as using the method of research and development in the field of information technology.Findings: Family law issues in these cases are the rights and obligations of husband and wife and the distribution of inheritance. The causes of legal problems that happened regarding the rights and obligations of husband and wife are economic problems (10%), lack of education (20% lack of knowledge), poor communication (25%), and adverse environmental impacts (45%). In comparison, the problem of inheritance is caused by internal personal desires on controlling legacy (40%) and the lack of education/knowledge (60%). Whereas, the required legal experience to overcome these issues are family law and inheritance law is consisting of statutory regulations, judges’ decisions, and scientific articles.]]>
<![CDATA[Death Penalty: A Response to Arguments by Indonesian Muslim Opposers ]]>
<![CDATA[Muchammad Ichsan]]>
<![CDATA[ Jurnal Hukum Novelty Vol 11, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v11i1.a15291
<![CDATA[Introduction to The Problem: Life is the greatest gift human beings receive. Man can achieve any task with life, and without it, man can do nothing. Thus, attempts by the State to punish human beings with the death penalty for wrongdoing are reaping the pros and cons. It is clear the stance of Western human rights activists opposed to the death penalty. What is interesting is that, although Islamic law supports it, many educated Muslims have objected to the death penalty.Purpose/Objective Study: The purpose of this research is to analyze and respond to the arguments used by Indonesian Muslim human rights activists, especially those integrated into human rights organizations, which are anti-death penalty. It is hoped that these reviews and responses will contain more definite opinions that can provide enlightenment for all.Design/Methodology/Approach: This research used a descriptive, analytical approach. Therefore, it employed secondary data and normative methods combined to case and statute approach in studying, analyzing, and responding to the arguments of anti-death penalty human rights activists among Indonesian Muslims. Their cases are to be brought forward, investigated, and then returned one by one.Findings: The research found that the human rights ideology propagated by western human rights activists is influencing Indonesian Muslim activists. They have the same point that the death penalty degrades humanity and violates human rights. In the meantime, Islamic law defends the death penalty for providing justice to the victims and the wider community, and for preserving life.]]>
<![CDATA[Connecting the Chains: Emotional Quotation, Ethics, and Legal Profession Ethics ]]>
<![CDATA[Aditia Arief Firmanto]]>;
<![CDATA[Rissa Afni Martinouva]]>
<![CDATA[ Jurnal Hukum Novelty Vol 11, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v11i1.a14474
<![CDATA[Introduction to The Problem: Emotional intelligence is in the form of feelings and emotions, and contains the direction and intensity of one’s judgment or expression of feelings expressed on the object of attitude. Emotional intelligence or Emotional Quotient (EQ) is essential. Intellectual Intelligence (IQ) cannot run properly without the participation of an emotional appreciation of the ethics of law school students. Ethics also has a massive role in determining the good and bad of human behavior, behavior, or actions. While a legal profession is a job carried out by a group of people who have the legal expertise to support their lives. Students who graduate can choose their major according to the skills taught in Higher Education. From the previous three concepts arise one main problem on how the connection between EQ-IQ, ethics, and legal profession ethics.Purpose/Objective Study: The objective of this study is to find out the correlation of emotional intelligence toward the ethics of law faculty students at Universitas Malahayati and the correlation of students’ ethics toward the legal profession.Design/Methodology/Approach: In gathering data, the researchers used quantitative (questionnaire) and qualitative methods supported by interviews. To analyze the data, the researcher used quantitative descriptive with the Linkert Scale approach, and the results of the scale are accumulated with the regress linear technique.Findings: The results of this study show that there was a significant correlation of emotional intelligence to the ethics of law school students at Universitas Malahayati. Based on the results of the hypothesis test, the value of r is 0.854 with P = 0.000 where (p <0.01). It indicates that there is a correlation between emotional intelligence and the ethics of law faculty students at Universitas Malahayati. This finding suggests that the higher the emotional intelligence, the higher the ethics, conversely the lower the emotional intelligence possessed by individuals, the lower the ethics of law school students. Additionally, the correlation of emotional intelligence toward ethics by 0.854 means that emotional intelligence has a contribution of 85.4% as a variable that affects the ethics of law school students. The remaining 14.6% of emotional intelligence is influenced by other factors. The correlation between ethics and the legal profession is that by implement ethics in the legal profession, the legal service will gain the society’s trust. People tend to lean to excellent and professional legal practitioners who have embodied the ethics in their service and their personalities.]]>
<![CDATA[Consumer Protection of Unauthorized Cosmetic Distribution in Indonesia's E-Commerce ]]>
<![CDATA[Muthia Sakti]]>;
<![CDATA[Dinda Dinanti]]>
<![CDATA[ Jurnal Hukum Novelty Vol 11, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v11i1.a15189
<![CDATA[Introduction to the Problem: Technological advances in the field of pharmacy or medicine, especially in the field of cosmetics today, have provided many alternatives for consumers, especially women, to meet their needs. The presence of various cosmetic products does provide hope for women to look more beautiful and attractive. But often, many cosmetics products have no active ingredients mentioned. Motivated by big profits, the manufacturers do not register their products for further assessment. When it comes to the market, the products are actually without standard authorization, or in the other cases using false or fictitious marketing authorization numbers. One form of protection to the consumer is the certainty of information contained in cosmetic packaging itself. The distribution of cosmetics without marketing authorization is also commonly found in applications or online stores. Still, on the one hand, it makes it easier for the public to conduct business transactions. However, compared with the easiness the online stores offered, when the products are still unauthorized, it will harm its users.Purpose/Objective Study: This research discusses consumer protection for the circulation of cosmetics without marketing authorization in Indonesia through e-commerce.Findings:This research shows that the Indonesian government protects consumers against the circulation of cosmetics without marketing authorization through the rules and laws. However, on the other aspect, those rules or regulations have no practical impact on society in this digital era. So, Indonesia should concern more to online activity where unauthorized marketing products are being marketed.]]>
<![CDATA[License Revocation of Insurance Companies and Legal Protections of the Policyholders ]]>
<![CDATA[Ayup Suran Ningsih]]>
<![CDATA[ Jurnal Hukum Novelty Vol 11, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v11i1.a15139
<![CDATA[Introduction to The Problem: Revocation of insurance company business licenses certainly has an effect on the insured as consumers who must be protected. In this case, OJK oversees the flow of revocation of business licenses, which requires insurance companies to report settlement of corporate obligations.Purpose/Objective Study: This research discussed the types of license revocation of the insurance companies and legal protections of the policyholders when this revocation happened.Design/Methodology/Approach: This study is a qualitative one, which uses a normative juridical method. It approached by the juridical research that uses primary data in the form of Acts or Regulations.Findings: The types of business license revocation of insurance companies are divided into 4, namely: (1) cancellation of business licenses due to administrative sanctions that are gradually applied; (2) revocation of business licenses due to company requests; (3) dismissal of business licenses due to bankruptcy, and; (4) revocation of business licenses due to the merging or business combination. The respective procedures are governed by the relevant OJK Regulations. The repeal of insurance company business licenses certainly has an effect on the insured as consumers who must be protected. In this case, OJK oversees the flow of revocation of business licenses, which requires insurance companies to report settlement of corporate obligations.]]>
<![CDATA[The Dynamic Interpretation of Pancasila in Indonesian State Administration History: Finding Its Authentic Interpretation ]]>
<![CDATA[Wendra Yunaldi]]>
<![CDATA[ Jurnal Hukum Novelty Vol 11, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v11i1.a15166
<![CDATA[Introduction to The Problem: The term interpretation of Pancasila seems rarely used to measure the substance of the Pancasila as the Indonesian nation’s weltanschauung. The term interpretation refers to the concept of constitutional and cultural meaning so that the order of civic life is in the same direction and under the paradigm of God, humanity, unity, society, and social justice. After the amendment of the 1945 Constitution, the Indonesian constitution has faced many changes. The changes that occurred are to creating a democratic governmental order. Even though the democratic rule of the government has surfaced, one thing for sure is that Pancasila is strengthening the form of Indonesia’s foundation. Because philosophy, enthusiasm, ideas, and thoughts of the nation’s life are determined by the underlying weltanschauung.Purpose/Objective Study: This study is trying to find the authentic interpretation of Pancasila based on its dynamic interpretation throughout Indonesian history.Design/Methodology/Approach: To answer these problems, the method used in this study is normative research with a conceptual approach so that interpretation is obtained by the paradigm built by the nation’s founders.Findings: By referring to library materials, the conclusion that can be drawn from this research is Pancasila, which is misinterpreted rigidly and is state-oriented to castrate the meaning of Pancasila as a public view of life. Then with the strong tendency of legal-formal interpretation so that it eliminates its substantive nature as weltanschauung or national outlook on life so that Pancasila loses its vital in the present state of life in Indonesia.]]>
<![CDATA[The Indonesian Business Competition Law: How the Police Plays a Role? ]]>
<![CDATA[Paramita Prananingtyas]]>;
<![CDATA[Hari Sutra Disemadi]]>;
<![CDATA[Ninik Zakiyah]]>
<![CDATA[ Jurnal Hukum Novelty Vol 11, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v11i1.a15224
<![CDATA[Introduction to The Problem: In Indonesia, there are specialized and independent institutions in enforcing business competition law. The institution is the Business Competition Supervisory Commission or KPPU. It is because the suspected of business actors who violate Act No. 5 of 1999 are often uncooperative. In assisting KPPU, the Anti-Monopoly Law mandates the police to enforce business competition law in Indonesia. But, the extent the police’s role in helping the KPPU’s duty became the arising problem that should be discussed.Purpose/Objective Study: This research wants to discuss the role of the police in enforcing business competition law.Design/Methodology/Approach: This research is doctrinal research (normative juridical); an investigation that uses a statutory approach. The legal material referred to in this study focuses on the primary legal content, namely Act No. 5 of 1999 on Prohibition of Monopoly Practices and Unfair Business Competition, or it often called Anti-Monopoly Law, and the Indonesian Criminal Law Code (KUHP).Findings: This research shows that the police have the authority to uphold business competition law. The Anti-Monopoly Law gives power to the police in assisting KPPU. The provisions for the role of the police are contained in Article 36, Article 41 paragraph (3), and Article 44 paragraph (5) of the Anti-Monopoly Act. The role of the police to enforce business competition law begins at the time of the investigation or inspection process if the KPPU requests assistance to present reported parties, witnesses, expert witnesses, and other parties involved in business competition cases.]]>
<![CDATA[Al-WalÄ` in Islamic Inheritance Law: Looking for Its Legal Effects ]]>
<![CDATA[Muhammad Habibi Miftakhul Marwa]]>
<![CDATA[ Jurnal Hukum Novelty Vol 11, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v11i1.a15307
<![CDATA[Introduction to The Problem: Slaves and slavery had existed since before Islam preached by Muhammad (PBUH). Islam provides gradual problem-solving methods regarding slavery; one of them is through inheritance. In Islamic Law terms, it called al-walÄ’ or liberated slaves. The slave that freed by the master will gain the estate from him. However, slavery is now viewed as merely an academic discourse since it is considered no longer exist.Purpose/Objective Study: The purpose of this research is to find out the legal standing and legal effect of al- walÄ’ in the Islamic Inheritance Law.Design/Methodology/Approach: This study is classified as a normative study. The study employed secondary data obtained from the literature review on al- walÄ,’ and it analyzed descriptively using the conceptual approach.Findings: The study found that the substance for al- walÄ’ in the Islamic Inheritance Law of inheritance is to liberate slavery through legal descent-based kinship (nasab ḥukmÄ«). A person who frees the slaves holds al- walÄ’ right. Accordingly, he has the right to inherit the slave’s wealth when the slave dies and does not have any inheritors. Second, al- walÄ’ brings a legal effect on the freed slaves, namely, the person who releases the slave, the slave’s left wealth, guardianship, legal competence, and the inheritance itself.]]>
