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[Resignation of Regional Head and/or Vice in the Tenure: Politics of Law and Democracy Perspectives ]]>
<![CDATA[Imam Ropii]]>;
<![CDATA[Hibertus Sujiantoro]]>
<![CDATA[ Jurnal Hukum Novelty Vol 11, No 2 (2020) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v11i2.a14093
<![CDATA[Introduction to The Problem: The resignation of the regional head and/or vice today is a serious problem, both in the perspective of democracy, law, and even budget politics. Run as regional head and/or vice is a right, but maintaining the mandate after being elected is an obligation. It is compounded by the political direction of the law, which creates a pragmatically oriented political configuration, thus facilitating the resignation process. Of course, this atmosphere, in addition to injuring constituency, also contradicts democracy and the direction of its legal goal.Purpose/Objective Study: This research is based on two problem formulations, first, how is the regulation related to the resignation of the regional head and/or vice in the perspective of legal politics? Second, how are the resignation of the regional head and/or vice seen from a democratic perspective?Design/Methodology/Approach: This research uses a juridical-conceptual approach with a multidisciplinary method. The secondary data is analyzed qualitatively both on a juridical basis (legislation) and conceptually (democratic construction) so that the results will be obtained not only descriptive but also prescriptive.Findings: The regulations that are formed are still very pragmatic in the interests of the party. Therefore, the political configuration is still a preference to accommodate the rights and interests of political elites who seem oligarchic. Furthermore, this attitude of resignation also does not reflect the attitude of a democrat because it only focuses on his rights and annuls his obligations.Paper Type: Research Article]]>
<![CDATA[Shooting Down Military Aircraft: Pakistan Responsibilities Over India ]]>
<![CDATA[Dewa Gede Sudika Mangku]]>;
<![CDATA[Jilal Aqli]]>
<![CDATA[ Jurnal Hukum Novelty Vol 11, No 2 (2020) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v11i2.a16215
<![CDATA[Introduction to The Problem: The act of firing on two Indian military aircraft carried out by Pakistan indeed constitutes the right of air control over military aircraft according to the Paris Convention of 1919 and the Chicago Convention of 1944, according to which this convention's control rights over foreign military aircraft are strict and maximum, it does not contain exceptions Article 32 of the Paris Convention and Article 3 (c) of the 1944 Chicago Convention The right of maximum and strict control of the state over its airspace is only directed to military aircraft of other countries, where the consideration of national security is the main reason. But still, the shooting action carried out by Pakistan against Indian military aircraft is an act of negligence on airspace which became its sovereignty, due to the lack of coordination related to the shootings carried out.Purpose/Objective Study: This study aims to determine and understand the regulation of Indian military aircraft in the 1944 Chicago Convention on Flight of Military Aircraft to Airspace in Other Countries and the responsibility of the state of Pakistan in firing Indian military aircraft from the perspective of international air law.Design/Methodology/Approach: This research is research that uses normative legal research methods using a type of legislation approach and case approach. The legal materials used are primary, secondary, and tertiary legal materials that are useful for obtaining conclusions that are relevant to the problems in this study.Findings: The results showed that: 1) the regulation of Indian military aircraft in the 1944 Chicago Convention was categorized as a military aircraft (state aircraft) type of MiG-21 Bison interceptor which was indeed used for military, police and customs purposes, which in this case did not have the right to do flight above the airspace of another country before obtaining permission in advance from the country concerned; 2) the form of responsibility that must be given is in the form of termination of acts, apologies and remedial actions in the form of restitution, ie repairing as before the Indian military aircraft that he shot and providing protection for pilots he captures, this is as regulated in Article 31 of the ILC Draft.Paper Type: Research Article]]>
<![CDATA[Abuse of Authority: A Meaning Deconstruction ]]>
<![CDATA[Kurnia Dewi Anggraeny]]>
<![CDATA[ Jurnal Hukum Novelty Vol 11, No 2 (2020) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v11i2.a17697
<![CDATA[Introduction to The Problem:Â As part of the organization of the government duties and community services, the authority to make a decision is attributed to the government officials (inherent aan het bestuur), which has led many to become a suspect and a convict. On the other hand, it is believed that the government's policies are not subject to the law.Purpose/Objective Study: This study aims to determine to analyze abuse of authority according to a meaning deconstructionDesign/Methodology/Approach: The research applied normative juridical approach as the logical consequence of sui generis of law.Findings: Each network of a structure of meaning is always presented in the form of binary opposition. One of the elements is marginalized and abandoned. Similarly, in the field of law, the term "abuse of authority," which is often connected to the damage that occurs to the state's financial condition, is seen as an absolute part of the Criminal Law. Arbitrarily, it replaces the function of the State Administrative Law. The "financial loss," which is then known as corruption, is the result of 'abuse of authority,' originated from the State Administrative Law. Through Jacques Derrida's perspective, a marginalized binary opposition is made into being. It is not to dominate others, but to share the views. The disjuncture between the state administrative law and criminal law has caused an unresolved issue of corruption. Through Paul Scholten's perspective, in essence, the criminal law has abandoned the social fact that there is a strong correlation between the deeds in the state administrative law and those in the criminal law, which is in the theoretical domain of administrative criminal law. The abandonment is against the hulprecht principle related to the implementation of the law mentioned above. The research employed a normative juridical method based on secondary data using philosophical, conceptual, and legal approaches.Originality: This article discusses specifically abuse of authority, a meaning deconstruction in terms of criminal law and state administrative lawPaper Type: General Review]]>
<![CDATA[The Diversion for Children Who are Doing Crime of Theft ]]>
<![CDATA[Sudarwin Sudarwin]]>
<![CDATA[ Jurnal Hukum Novelty Vol 11, No 2 (2020) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v11i2.a15108
<![CDATA[Introduction to The Problem: This article is based on the problems related to the handling of children in conflict with the existing law so far that it is still not free from treatments that are oriented towards depriving independence. The deprivation of liberty in question even occurs in cases of theft that actually can be resolved through restorative justice through diversion.Purpose/Objective Study: The aim of this research is to find out how the actual regulation of diversion related to criminal acts of theft in Law No. 11 of 2012 concerning the Juvenile Justice System and other related regulations, and how the implementation of diversion concept, especially against criminal theft.Design/Methodology/Approach: This article uses descriptive normative writing methods, namely explaining the facts related to the implementation of diversion in a criminal act of theft, how the arrangements and author’s suggestions for the diversion arrangement in the future. The source of the data used is secondary data sources, namely, data sources obtained from literature studies, such as books, journals, newspaper articles, and the internet.Findings: There are problems in Law No. 11 of 2012 concerning the Juvenile Justice System, where diversion provisions are limited only to crimes under 7 (seven) years, which have made many child offenders end up in the deprivation of liberty decisions. Then, the provisions of Article 9 Paragraph (2) of the act that eliminates or does not involve victims in diversion efforts whose losses are below the provincial minimum wage have harmed the concept of restorative justice. So, there needs to be some improvement such as the legislation governing diversion should no longer be limited by providing requirements regarding the implementation of diversion based on the number of penalties but the criminal acts that can be regulated by police regulation, and the diversion should be carried out by bringing together perpetrators and victims without exception.Paper Type: Research Article]]>
<![CDATA[Immunity Rights Problems before the ICC: Between the 1961 Vienna Convention and the 1998 Rome Statute ]]>
<![CDATA[Sandy Kurnia Christmas]]>;
<![CDATA[Kholis Roisah]]>
<![CDATA[ Jurnal Hukum Novelty Vol 11, No 2 (2020) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v11i2.a16284
<![CDATA[Introduction to The Problem: The right to immunity in international law is a privilege granted to Diplomatic Officers in the context of carrying out missions, in particular, representing the state. The immunity rights of a Diplomatic Officer must be protected and respected by the recipient state as an obligation in diplomatic relations. The rights of immunity respected in customary international law under the 1961 Vienna Convention are inversely proportional to those stipulated in the 1998 Rome Statute regarding the abolition of immunity rights before the International Criminal Court. This thing then raises the status of immunity rights problems between the 1961 Vienna Convention and the 1998 Rome Statute of the International Criminal Court.Purpose/Objective Study: This study aims to examine the problematics of applying immunity rights for diplomatic officials, namely how the respect and protection of immunity rights regulated in the 1961 Vienna Convention and how the abolition of immunity rights held in the 1998 Rome Statute of ICC. This thing then looks for problems in immunity rights between the two conventions in practice and occurred-cases.Design/Methodology/Approach: This study used a normative research method. The assessment is carried out using a conceptual approach, a statute approach, and a case approach so that the relevance between the problem and the final purpose of this research is found.Findings: This study found several reasons regarding the status of immunity rights before the International Criminal Court, which raises the problem of weaknesses in international law related to immunity rights. The flaw was triggered due to the lack of legal certainty associated with the lack of hierarchy used in the provisions of international law. So that between the 1998 Rome Statute of ICC and the 1961 Vienna Convention, there was a dilemma in its application. Based on the case, the UN Security Council, as an international institution, influences the decision on how the status of the right to immunity can be applied or not.Paper Type: Research Article]]>
<![CDATA[Law Enforcement and Overcoming Violations of Money Politic in General Election: Indonesia's Case ]]>
<![CDATA[Brian Septiadi Daud]]>;
<![CDATA[Bayu Ardian Aminullah]]>;
<![CDATA[Nyoman Serikat Putra Jaya]]>
<![CDATA[ Jurnal Hukum Novelty Vol 11, No 2 (2020) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v11i2.a15146
<![CDATA[Introduction to The Problem: The election is a way to choose leaders in both the legislative and executive fields. An election mechanism is also a form of power distribution and its limitation, so elections are an important activity for national development. Through this election, there are evil sparks that can be lit by those who have an evil character; one of these sparks is money politics. Therefore, the implementation of elections required law enforcement agencies to deal with election violations and election disputes under applicable rules.Purpose/Objective Study: The purpose of this study is to find out how law enforcement in violations of money politics in Indonesia and how to deal with its violations.Design/Methodology/Approach: This article is a doctrinal one and using normative legal research methods with a statutory approach. The statutory course referred to is an approach based on legal reviewers related to the problem being discussed.Findings: In this study, the authors found that law enforcement of money politics in general elections in Indonesia must be based on established conditions. Such conditions are like implementing the regulations and force them to be implemented right away. Efforts that must be made in overcoming this violation in general elections in Indonesia are by making pre-eventive efforts. These efforts address election violations from the preparation step until the election implementation step. The second act is preventive actions, namely prevention efforts or non-penal measures before election crime. The third is a repressive effort that deals with corruption and focuses on the nature of the action, eradication, or suppression after the crime.Paper Type: Research Article]]>
<![CDATA[An Analysis of Dispute Resolution Mechanisms in the Islamic Banking and Finance Industry in Malaysia ]]>
<![CDATA[Aishat Abdul-Qadir Zubair]]>
<![CDATA[ Jurnal Hukum Novelty Vol 11, No 2 (2020) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v11i2.a16465
<![CDATA[Introduction to The Problem: With the increasing boost to the Malaysian Islamic finance industry and the sophistication experienced in the industry with regards to product development, there is a substantial downside of such enviable achievements, which is the gradual surge in the number of disputes involving Sharia-compliant transactions. It is therefore important to analyse the existing dispute resolution mechanisms in the Islamic finance industry in Malaysia.Purpose/Objective Study: The article aims to analyse the court system as a dispute resolution mechanism as well as the other alternative dispute resolution mechanisms available to parties in resolving the dispute in the Islamic banking and finance industry in Malaysia. Design/Methodology/Approach: This study adopts a doctrinal legal method in examining the relevant Islamic dispute resolution mechanisms that are unique to Islamic finance disputes.Findings: The findings of this research reveal that some issues are causing untold hardships on parties in Islamic finance contractual disputes with the present jurisdiction of the courts in Malaysia. It is in line with the hypothesis of the research that the continued preference for litigation as a means of settling disputes in the Islamic finance industry is not sustainable due to the paradigm shift in dispute resolution involving financial matters globally.Paper Type: Research Article]]>
<![CDATA[The Intersection of Criminal Law, Technology and Business Commercial Law on Carding as Cyber Fraud ]]>
<![CDATA[Ridwan Arifin]]>;
<![CDATA[Hartini Atikasari]]>;
<![CDATA[Waspiah Waspiah]]>
<![CDATA[ Jurnal Hukum Novelty Vol 11, No 2 (2020) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v11i2.a15700
<![CDATA[Introduction to The Problem: Â Since digital reform, business and trade sectors have begun to expand their network in cyberspace. Transactions carried out also no longer refer to ordinary things. The modern era of society indeed prefers a more efficient payment process, namely through a credit card. On the other hand, the advancement of digital technology also provides opportunities for perpetrators of crime in cyberspace. The fraud, which was initially carried out with the objects of written reports, began to move lanes towards data manipulation in the form of carding.Purpose/Objective Study: This paper is intended to analyze and examine carding as cyber fraud in three legal studies: criminal law, business, and commercial law, and transnational criminal law. This study illuminates the intersection between criminal law, business and commercial law, law and technology, and international criminal law in carding cases.Design/Methodology/Approach: The paper is normative legal research using a comparative approach and regulations related to carding and cyber fraud.Findings: The study highlighted that carding as a manifestation of cyber fraud is also a transnational crime, which involves networks or groups across national borders to carry out certain illegal businesses or activities. Included in this case is the data theft on credit cards. Of course, this has resulted in a shift of public trust towards the credit card provider sector, namely banks, so that there is a need to strengthen the juridical pathway nationally and internationally.Paper Type: General Review]]>
<![CDATA[Justifications of Intellectual Property Rights: A Discussion on Locke and Hegel's Theories ]]>
<![CDATA[Muhamad Helmi Muhamad Khair]]>;
<![CDATA[Haswira Nor Mohamad Hashim]]>
<![CDATA[ Jurnal Hukum Novelty Vol 11, No 2 (2020) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v11i2.a16595
<![CDATA[Introduction to The Problem: At its core, Locke’s main argument is centralised in the role of labour, while Hegel’s principal idea lies in one’s will, self-actualisation as well as personal expression. As both thinkers posit strong arguments in substantiating their views, discussions surrounding this topic may influence one to favour a particular theory over the other.Purpose/Objective Study: This paper makes a modest attempt to discuss the justifications of intellectual property rights by focusing on two well-known philosophers, John Locke and G.W.F Hegel.Design/Methodology/Approach: The research design is exploratory as this paper aspires to explore the basis for the grant of intellectual property rights from the lenses of both theories. Therefore, the research methodology is purely doctrinal and theoretical. The research approach is mainly based on library research, focusing on a reading and analysis of Locke and Hegel’s published works, as well as other materials such as journal articles, commentaries, and textbooks.Findings: This article contributes to the existing body of knowledge by highlighting that neither Locke nor Hegel could provide one-fit-for-all justifications of intellectual property rights. Nevertheless, it is worth stating that both philosophers do contribute thoughtful insights that reflect important values worthy of considerations and should never be undermined when framing policies and laws on intellectual property rights.Paper Type: General Review]]>
<![CDATA[Deed of Settlement as A Dispute Object based on HIR and Supreme Court Regulation No. 1/2016 ]]>
<![CDATA[Hazar Kusmayanti]]>;
<![CDATA[Lucky Dharmawan]]>
<![CDATA[ Jurnal Hukum Novelty Vol 11, No 2 (2020) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v11i2.a16092
<![CDATA[Introduction to The Problem: It is uncommon for a case that has been decided by a judge and has the legal force to be retained and then brought back to Court by one party for a lawsuit. This kind of case contradicts the principles and applicable law, such as the case that the researcher found in Case No. 22/Pdt.G/2016/PN. Sal.Purpose/Objective Study: This paper intends to discuss the legal problem of the re-submission of the deed of settlement as the object of a breach.Design/Methodology/Approach: This research is doctrinal legal research. The data are secondary data which analyzed qualitatively. Following the approach method used, the study is conducted on norms and principles contained in secondary data, from the primary, secondary, and tertiary legal materialsFindings: The results of the study show that, first, deed of settlement cannot be an object of default because it has been inkracht. Secondly, Salatiga court judges did not consider the principle of ne bis in idem under Article 10 (1) The Judicial Power Act. The president of judges shall be able to carry out the role or power under Article 119 of the HIR, which is to provide advice to those who wish to file a lawsuit.Paper Type: Research Article.]]>
