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[Legal Consequences of Bankruptcy Towards Legal Position of Waqf Assets on Foundation ]]>
<![CDATA[Sbong Sinarok Martin]]>
<![CDATA[ Jurnal Hukum Novelty Vol 12, No 1 (2021) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v12i01.a16990
<![CDATA[Introduction to the Problem: Based on Law No. 37 of 2004 on the Bankruptcy and Payment Suspension, the consequence of Bankruptcy decisions cover the total wealth of the Bankrupt Debtors at the time of the bankruptcy declaration together with that which they acquire during the bankruptcy. According to the Bankruptcy Act, there is no explicit limitation about the bankrupt assets, which raises the ambiguity and contradiction towards the Law No. 41 of 2004 on Waqf and Law No. 28 of 2004 on the amendment of Law No. 16 of 2001 on Foundations in determining the status of waqf assets as the one of Foundation’s wealth.Purpose/Objective Study: This research aims to determine waqf assets’ status on the bankrupt foundation and manage waqf assets in Indonesia’s bankruptcy proceedings.Design/Methodology/Approach: This type of research is normative legal research. The study employed secondary data from the literature review and analyzed it through the statute and conceptual approaches.Findings: This research shows that applying the laws and implementing bankruptcy proceedings should consider other laws, which means waqf assets that the foundation manages. The waqf law overrides the bankruptcy law that is affirmed on foundation law. The bankrupt foundation’s waqf assets will hand over to others’ foundations or legal entities that have the same purposes.Paper Type: Research Article.]]>
<![CDATA[Nominee Contract Practice on Ownership of Foreign National Land in Indonesia ]]>
<![CDATA[Reni Anggriani]]>;
<![CDATA[Ayura Monica Zandra]]>
<![CDATA[ Jurnal Hukum Novelty Vol 12, No 1 (2021) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v12i01.a18124
<![CDATA[Introduction: The nominee agreement in practice is done as legal smuggling against land control for foreigners based in Indonesia, which the Agrarian Principal Law limits. Such restrictions result in foreigners finding a way to obtain property rights under the Nominee Agreement and b the basis of Article 21 paragraph (1) of the fundamental agrarian law of land ownership by foreign nationals with proprietary status contrary to the principle of nationality.Purpose/Objective Study: This research aims to find out how the practice of nominee agreements in land ownership for foreign nationals in Indonesia and the legal consequences of nominee agreements in the application of transfer of property rights to land in Indonesia.Design/Methodology/Approach: This study is normative juridical research beginning on a legal event and then looking for references to a norm system. This legal research is conducted by examining primary and secondary legal materials and non-legal materials relating to nominee contract practice on ownership of foreign national land in Indonesia. 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 nominee agreement made to transfer ownership of property rights to Foreign Nationals contrary to Article 26 paragraph (2) of the Agrarian Principal Law, based on Article 1320 of the Civil Code, does not meet the objective requirement that lawful clause. The agreement becomes null and void and has no binding power and cannot be used for the basis of rights in obtaining ownership of land for Foreign Nationals in Indonesia.Paper Type: Research article]]>
<![CDATA[Application of Circumstantial Evidence in Criminal Laws in Indonesia ]]>
<![CDATA[Karunia Pangestu]]>;
<![CDATA[Heru Suyanto]]>;
<![CDATA[Rosalia Dika Agustanti]]>
<![CDATA[ Jurnal Hukum Novelty Vol 12, No 1 (2021) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v12i01.a16996
<![CDATA[Introduction to the Problem: Indonesia is a constitutional state; therefore, all citizens must obey the applicable regulations. If someone commits a criminal act and is required to be brought to the court, evidence is an important thing to resolve the criminal case. A judge can determine whether the accused is guilty or not, one of the ways to determine is to consider the evidence. The law of evidence is known to have two types of evidence, namely direct evidence and indirect evidence (circumstantial evidence). Circumstantial evidence is a kind of evidence in which the relationship between the facts that occur and the available evidence can only be seen after drawing some certain conclusions. Circumstantial evidence can be very important if the other evidences are not sufficient to prove a criminal case in a court. However, the circumstantial evidences must be in accordance with the other evidences.Purpose/Objective of the Study: The purpose of this study is to understand the circumstantial evidence in the perspective of criminal law and how it is applied in criminal cases.Design/Methodology/Approach: The research method used in this study is a normative juridical research method, with the statutory approach and conceptual approach. The type of data used in this study is the secondary data using three legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials.Findings: Indirect evidence or Circumstantial evidence is one of the legal evidences according to Law Number 8 of 1981 concerning Criminal Procedure Law Article 188, namely the indication. However, Circumstantial Evidence is still rarely used by the system of criminal evidence in the courts in Indonesia because its validity is often questioned by the public.Paper Type: Research Article]]>
<![CDATA[If Not Now, Then When? The Significance of CISG Ratification for Indonesia ]]>
<![CDATA[Ratu Wulandari]]>
<![CDATA[ Jurnal Hukum Novelty Vol 12, No 1 (2021) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v12i01.a19509
<![CDATA[Introduction to The Problem: In this 21st century, Indonesia has not ratified the United Nations on Contract for the International Sales of Goods (CISG). Indonesia's government put several reasons for not becoming part of this critical convention, and the government did not see the ratification as urgent matters. However, these excuses did not find relevant anymore because more and more countries worldwide ratified the CISG, including North Korea.Purpose/Objective Study: The objective of this article is addressing the issue of Indonesia has not yet ratify the United Nations on Contract for the International Sales of Goods (CISG) despite the rise of export and import activities conducted by Indonesian enterprises.Design/Methodology/Approach: The methodology used in this article is based on the literature review of CISG, Indonesian development of CISG, and minor comparative analysis between the signatory and non-signatory countries.Findings: The ratification of CISG would provide more benefits and outweighed its disadvantages because CISG presents legal certainty to international contract law since the Indonesian Civil Code failed to address this issue. CISG ratification will also strengthen the Indonesian legal system, legal institutions, and legal practitioners.Paper Type: Research Article]]>
<![CDATA[World Health Organization Policy Facing the Spread of COVID-19 in Indonesia ]]>
<![CDATA[Mardiansyah Mardiansyah]]>
<![CDATA[ Jurnal Hukum Novelty Vol 12, No 1 (2021) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v12i01.a16543
<![CDATA[Introduction to the Problem: This article discusses WHO policy set out in WHO protocol with 4 scenarios to be recommended to countries, namely countries without a case, countries with 1 or more cases, countries with cluster cases, and cluster with greater local transmission. In this case, Indonesia has a policy which is formed based on the WHO advice.Purpose/Objective of the Study: To find out whether the policies implemented to manage COVID-19 spread in Indonesia have similarities with the protocol of the WHO.Design/Methodology/Approach: Data were collected from primary and secondary data sources in the form of literature legal research and statute approach.Findings: The results showed that the spread, rather than preventing the COVID-19 outbreak from entering a territtory. As a result, there had been some considerations regarding to the implementation of WHO protocols, especially when closing an area or restricting national access. However, WHO policy is not an obligation to be implemented by a country because the most crucial thing is that anticipating the spread, breaking the spread chain and finding a cure from this health condition for patients.Paper Type: Research Article]]>
<![CDATA[Democratization of Legislative Prospective Candidate Selection: Urgency and Its Parameters ]]>
<![CDATA[Jamaludin Ghafur]]>
<![CDATA[ Jurnal Hukum Novelty Vol 12, No 1 (2021) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v12i01.a17036
<![CDATA[Introduction to The Problem: One of the most important functions of political parties in a representative democracy is to recruit or select candidates for public officials. One of which is the selection of legislative candidates. Through this function, political parties will determine whether a person has the quality and capacity to be a member of representative and carry out his role well. Article 241 of Law Number 7 of 2017 concerning General Elections mandates that political parties in selecting candidates must be democratically and openly. But, the criteria of democratic selection is not rigidly regulated because they are fully submitted to be regulated in the internal regulations of political parties.Purpose/Objective Study: This article aims to analyze the urgency of the process of selecting legislative prospective candidate democratically and to find several parameters for the democratic selection of legislative prospective candidate.Design/Methodology/Approach: This is a normative legal research. The research sources consist of primary law and secondary law. It will also use non-legal material sources. Data collection is carried out through literature study.Findings: The results of the research are: First, the urgency of the selection of candidates to be democratically because this mechanism promises some benefits for the societies, political parties, and the quality of democracy in general, i.e: The democratic process of selecting candidates is directly proportional to the satisfaction of the wider community towards the democratic system itself; and tending to produce competent and desired candidates by the public, as well as adopting more responsive policies. Second, the parameters or indicators that can be used as guidelines to determine the democratic selection of candidates will consist of 4 (four) indicators, that are: (1) Candidacy; (2) Selectorates; (3) The level of centralization/ decentralization of selection; and (4) How are candidates nominated?Paper Type: Research Article]]>
<![CDATA[Legal Issues in Implementing E-Commerce in GCC Countries from the Perspective of Financial Managers ]]>
<![CDATA[Omar Masood]]>;
<![CDATA[Kiran Javaria]]>
<![CDATA[ Jurnal Hukum Novelty Vol 12, No 1 (2021) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v12i01.a16808
<![CDATA[Introduction to The Problem: This study explains the concept of legal risk in marketing in e-commerce world as there is currently insufficient research studies on the concept despite its critical importance in influencing the behaviour of consumers.Purpose/Objective Study: The problem statement/purpose of study is to explain that what are the different barriers faced by financial managers during an uncertain and legal risky situation.Design/Methodology/Approach: The study utilizes both primary and secondary data from Gulf Cooperation Council (GCC) countries in order to get reliable results. There are different risk factors that affect the purchasing behaviour of consumers who shop online. The consumer’s perception of risk may be the result of all the emotional processes through which consumers recognize, organize and provide meaning to sensations received, such as the need for product quality, safety online and overall satisfaction. The primary data consists of a survey of online shoppers. The research data and questionnaire were administered to 972 GCC internet users who are classed as experienced and avid users. The secondary data includes an analysis of the various theories of consumer behaviour, models of online adoption, legal risk factors to marketing and shopping online, models of the adoption of innovation and new ways of marketing and trade. Both techniques are utilized to examine the relationship between perceived risk strategies and customer satisfaction as well as examined the customer involvement and propensity to take risk on existing relation of online shopping.Findings: According to study results, legal risk is very important in GCC countries which ultimately influence the customer involvement, satisfaction and purchasing behaviour. GCC countries should attempts to create a coherent legal and regulatory framework (like Lessons can be learnt from the EU). It will help to reduce the legal risk and remove the obstacles to the growth of e-commerce in GCC countries by affirming a certain level of transparency by imposing prior information requirements for electronic contracts, as well as regulating commercial communication and advertisements and regulating consumers' technical errors.Paper Type: Research Article]]>
<![CDATA[The Policy on the Determination of Top-Up Fee of E-Money ]]>
<![CDATA[Fadia Fitriyanti]]>;
<![CDATA[Muhammad Arif Hartavian]]>
<![CDATA[ Jurnal Hukum Novelty Vol 12, No 1 (2021) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v12i01.a17167
<![CDATA[Introduction to The Problem: Bank Indonesia (BI) has determined the top-up fee of e-money in the Board Governor Member Regulation Number 19/8/PADG/2017 on the National Payment Gateway. This regulation is contrary to article 2 paragraphs 2, article 23 paragraph 1, article 33 paragraph 2 Law Number 7 of 2011 concerning Currency expressly regulates that every person is prohibited from refusing to accept rupiah. Aside from that, the regulation has the potential to cause injustice and discrimination for consumers.Purpose/Objective Study: This research aims to analyze whether Bank Indonesia actions determine the top-up fee in the form of the Board Governor Member Regulation Number 19/8/PADG/2017 on the National Payment Gateway are in line with its duties and authorities.Design/Methodology/Approach: This research uses the normative legal research type with the statute approach to research the Legislation that regulates Bank Indonesia authority regarding the policy on a top-up fee issued by Bank Indonesia supervision on implementing its policy.Findings: The research concluded that there is an inconsistency authority between Bank Indonesia and Financial Service Authority. Bank Indonesia is authorized to regulate the top-up fee of e-money to ensure consumer protection and the payment systems smoothness. Moreover, the supervision regarding the e-money top-up fee was in the hand of Bank Indonesia. However, when the consumer suffered loss because of the e-money organizers fault, the Financial Service Authority could take the lead to facilitate the customers complaint.Paper Type: Research Article.]]>
<![CDATA[Indonesian Online Shopping Practices in the COVID-19 Pandemic Era: A Study of Culture and Cyber Security Law ]]>
<![CDATA[Radius Setiyawan]]>;
<![CDATA[Satria Unggul Wicaksana Prakasa]]>
<![CDATA[ Jurnal Hukum Novelty Vol 12, No 1 (2021) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v12i01.a16944
<![CDATA[Introduction to the Problems: The condition during COVID-19 that made people doing more activities at home drove the increase in spending intensity. This condition referred to a new normal. Online shopping has long been a habit for some people because of the convenience provided. In conditions of increasing online shopping activities certainly have implications for the community—online shopping practices of Indonesian people in the Covid-19 pandemic era, with an approach and cybersecurity.Purpose/ Objective Study: This research aims to examine the relationship between online shopping practices of the Indonesian people in the Covid-19 pandemic era.Design/Methodology/Approach: With an approach to the study of culture and cybersecurity, with integration between culture studies, economy, and digital law studies.Findings: This research finds that massive online shopping practices in Indonesia have implications for social vulnerability. In a cultural context, people could get caught up in alienation. Online shopping activities as productive work (work to make commodities) alienate humans, four sides humans from themselves, productive work objects (instruments and productive work objects), and products consumed. While in the context of security, there was a risk of using misused personal data. It was necessary to ratify the Law of Personal Data Security as a legal regulation mechanism for sanctions for the data privacy misused in.Paper Types: Research article]]>
<![CDATA[The Health Services Legal Problems of In Vitro Fertilization (IVF) Program Patients in Indonesia ]]>
<![CDATA[Edi As'adi]]>;
<![CDATA[Norma Sari]]>
<![CDATA[ Jurnal Hukum Novelty Vol 12, No 1 (2021) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v12i01.a18093
<![CDATA[Introduction to The Problem: Every married couple expects children that the Constitution guarantees. However, the difficulty of having a child tends to be a problem in maintaining married life. Some couples decide to have a child by undergoing In Vitro Fertilization (IVF) Program. The arising problems are on how the current regulation of the IVF program and how to fulfil the rights of IVF program patients from consumer protection law.Purpose/Objective Study: This article focus on the problem of health services for IVF program patients based on the values of justice on the ground of consumer protection law in Indonesia.Design/Methodology/Approach: This study is socio-legal research. However, to support the validity of research, an empirical approach is critical to do-furthermore, where data obtained through interviews based on the researcher’s own experience.Findings: IVF program agreement between the IVF clinic and patients is a law based on Article 1338 of the Indonesian Civil Code. Even so, the research validation was still carried out with the support of an empirical approach. The results of this research are that the current IVF program has not been able to protect its patients’ rights. Patients’ position tends to be weak compared to the clinic or IVF hospital; the concept of the IVF program implementation agreement does not protect patient rights. In the future, attempts to protect IVF patients’ rights need an integrated and comprehensive regulation from the philosophical, juridical, and sociological basis to its practical implementation.]]>
