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[The Regulatory Framework Governing Traditional Arbitration in Resolving Islamic Banking Disputes in Malaysia: The Time for Change ]]>
<![CDATA[Mohamad Fateh Labanieh]]>;
<![CDATA[Mohammad Azam Hussain]]>;
<![CDATA[Nazli Mahdzir]]>
<![CDATA[ Jurnal Hukum Novelty Vol 12, No 2 (2021) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v12i2.a20791
<![CDATA[Introduction to The Problem: Malaysia has established its place as a global leader in Islamic banking due to the considerable efforts made by the Malaysian lawmakers to enhance the Islamic banking dispute resolution framework and provide the Islamic banking disputants with several resolution mechanisms, such as traditional arbitration. However, using traditional arbitration in resolving Islamic banking disputes is not free from criticisms. Therefore, there is a need to find an alternative or enhanced form of traditional arbitration mechanism.Purpose/Objective Study: This article examines the regulatory framework governing traditional arbitration in resolving Islamic banking disputes in Malaysia.Design/Methodology/Approach: This article is based on doctrinal legal research Methodology. Primary data was secured from several sources, such as Acts, Laws, and Court Cases. While secondary data was collected from books, journal articles, and online databases. Both data are analyzed by using critical and analytical approaches.Findings: It is found that Arbitration Act 2005 (Act 646) and I-Arbitration Rules 2018 have been subjected to several amendments to align with the international norms and best practices. However, Malaysian lawmakers should start thinking out of the box by reinforcing the Islamic banking disputants with an effective resolution mechanism known as electronic arbitration (hereinafter referred to as “e-arbitration”). Doing so would facilitate prompt access to justice in Islamic banking disputes in Malaysia.Paper Type: Research Article]]>
<![CDATA[Reviewing Information and Electronic Transaction Act from a Convention on Cybercrime of 2001 ]]>
<![CDATA[Wahyu Priyanka Nata Permana]]>
<![CDATA[ Jurnal Hukum Novelty Vol 12, No 2 (2021) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v12i2.a17679
<![CDATA[Introduction to the Problem: This research analyses the norms of substantive criminal Law regarding Information and Electronic Transaction Act Number No. 11 of 2008 in conjunction with Bill Number 19 of 2016 on Amendments to Information and Electronic Transactions Act No. 11 of 2008 and its compliance with the Convention on Cybercrime, 2001.Purpose/Objective Study: This research aims to analyze the conformity of offenses, criminal liability, and criminal sanction in the Information and Electronic Transaction Act (IETA) to the principles promulgated in the Convention on Cybercrime, 2001.Design/Methodology/Approach: This research is a normative legal study using statute and conceptual approaches.Findings: This study concluded that, in general, offenses regulated in IETA had confirmed the Convention. Nevertheless, the provision of computer-related fraud in IETA has a broader range than that of the Convention. IETA also lacks formulation concerning when and who bears criminal liability for corporate crime as suggested in the Convention. The research also finds that IETA did not adopt the principle of effectiveness and proportionality in promulgating both punishment and treatment. This study suggests that IETA should adopt criminal liability for a corporation, set the penal punishment proportionate to the seriousness of conduct and culpability of the actor, and regulate treatment.Paper Type: Research Article]]>
<![CDATA[Proof Power of Authentic Deed Transfer of Land Rights in Legal Perspective of Civil Procedures ]]>
<![CDATA[Yuda Anrova]]>;
<![CDATA[Eman Suparman]]>;
<![CDATA[Hazar Kusmayanti]]>
<![CDATA[ Jurnal Hukum Novelty Vol 12, No 2 (2021) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v12i2.a18604
<![CDATA[Introduction to The Problem: Evidence is a process carried out by the parties in resolving disputes to prove the arguments presented before the judge who decides the legal dispute so that the judge can decide as fairly as possible. Evidence under the civil procedure law is regulated in Article 164 HIR. Supreme Court decision number 3591K/Pdt/2018 discusses documentary evidence in the form of an agreement to transfer and transfer land rights and states that the deed has no legal force.Purpose/Objective Study: The purpose of the study was to determine the legal considerations for the strength of authentic deed evidence in the Supreme Court Decision number 3591K/Pdt/2018, connected with civil procedural law. The research method used is a normative juridical approach to the research specification in descriptive-analytical analysis and qualitative normative.Design/Methodology/Approach: The method used in this research is normative juridical research which focuses on the applicable legal provisions.Findings: The research results that the authentic deed submitted by the Defendants in the Reconvention as evidence has external and formal evidentiary power. However, authentic deeds that are perfect and binding do not have a coercive or decisive character. Authentic deed evidence can be invalidated if there is evidence of the opponent which can prove otherwise. Based on the decision of the Supreme Court number 3591K/Pdt/2018, the Notarial Deed of the Transfer of Land Rights Agreement has no legal force because land rights have been transferred and building use rights are attached.Paper Type: Research Article]]>
<![CDATA[The Implementation of the Principle of Justice in Post-nuptial Agreement towards Mixed Marriage: Hope or Challenge? ]]>
<![CDATA[Umar Haris Sanjaya]]>
<![CDATA[ Jurnal Hukum Novelty Vol 12, No 2 (2021) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v12i2.a17856
<![CDATA[Introduction to the Problem: this research focuses on the actors of mixed marriage in Indonesia who have hope at the practice level. The hope arises from the Constitutional Court decision No. 69/VII/PUU/2015, which allows the formation of an asset separation agreement after the marriage takes place (post-nuptial agreement). The decision is followed up by two Circular Letters of relevant ministries: one is from the Ministry of Home Affairs No. 472.2/5876/Dukcapil, which guarantees that post-nuptial agreement is allowed in the Civil Registry (Dukcapil); as well as the one from Directorate Generals of Community Guidance under the Ministry of Religion No. B.2674/DJ/III/KW.00/9/2017. By enacting these instruments, Indonesia facilitates a hope to the mixed marriage, which is the hope of the ownership of the assets.Objectives of the Study: To identify the implication of the Constitutional Court decision No. 69/VII/PUU/2015 in practice, in lieu with the implication of the Circular Letters of the Ministry of Home Affairs No. 472.2/5876/Dukcapil and Directorate Generals of Community Guidance under the Ministry of Religion No. B.2674/DJ/III/KW.00/9/2017; also, to review the possibilities of those decisions and Circular Letters in the perspective of Indonesian family law, would it be a hope or a challenge?Methodology: This is normative-juridical research, which implements a doctrinal approach to analyze the problems.Findings: Post-nuptial agreement is allowed and having legal implications to the parties to the marriage bond. Ministry of Home Affairs and the Ministry of Religion have facilitated the Constitutional Court decision by enacting their respective Circular Letters to guide the civil registry officials in responding to the post-nuptial agreement.Paper Type: Research Article]]>
<![CDATA[Partnership as an Alternative Model for Empowering Fishers in the Processed Food Industry Made from Marine Fish ]]>
<![CDATA[Siti Malikhatun Badriyah]]>;
<![CDATA[R. Suharto]]>;
<![CDATA[Retno Saraswati]]>;
<![CDATA[Muhammad Haidar Fakhri Allam]]>;
<![CDATA[Kornelius Benuf]]>
<![CDATA[ Jurnal Hukum Novelty Vol 12, No 2 (2021) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v12i2.a18732
<![CDATA[Introduction to the Problem: This study discusses cooperation between various parties that are mutually beneficial, both the government, large business actors, and small business actors, in this case, fishermen.Purpose/Objective of the Study: This research aims to maximize the management of fisheries potential in Indonesia and provide alternatives to fishermen out of the problems they face.Design/Methodology/Approach: This study uses a mixed-method, which combines quantitative and qualitative research.Findings: The results showed that by looking at the background as well as the potential and weaknesses of the fishing community, the business partnership model could be an alternative to empowering the fishing community in developing the processed food industry made from marine fish. The legal relationship of the parties in this business partnership is based on the partnership agreement.Paper Type: Research Article]]>
<![CDATA[Institutional Arrangements of the Political Party Wing on the Functions of Political Parties ]]>
<![CDATA[Ibnu Sina Chandranegara]]>;
<![CDATA[Syaiful Bakhri]]>
<![CDATA[ Jurnal Hukum Novelty Vol 12, No 2 (2021) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v12i2.a17870
<![CDATA[Introduction to the Problem: In post-constitutional reform, every political party seeks to maximize each component within its party structure. One feature that has direct contact with the society is the political party wing, which is an essential resource in the regeneration of political party in internalizing its ideology and the development of the militancy character that can be done more efficiently. The institutional arrangements of the political party wing so far are still minimal. The limitations of the organizational structures of the political party wing have an impact on the uncertainty regarding the institutional organization of their wing organization.Objectives of the Study: This article identifies and examines the implication of the provision on the political party wing towards the institutional clarity of their wing organization; and the implications of the institutional arrangements of the political party wing on the functions of the political party.Methodology: This article uses normative legal research that analyses relevant secondary data related to the political party wing. This study concluded that the political party wing could be regulated as a public legal entity that is a part of the political party or an independent legal entity.Findings: This study indicates that the unclear provision regarding the political party wing is the potential to provide diverse interpretations by the political party in its institutional wing organization which is counterproductive or offers no meaning to the realization of the functions of the political party.Paper Type: Research Article]]>
<![CDATA[The Correlation Between the Criminal Sentence Period and the Intention of Prisoners to Stop Using Drugs in Class I Correctional Facility of Bandar Lampung ]]>
<![CDATA[Aditia Arief Firmanto]]>;
<![CDATA[Prida Harkina]]>;
<![CDATA[Vira Sandayanti]]>
<![CDATA[ Jurnal Hukum Novelty Vol 12, No 2 (2021) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v12i2.a18927
<![CDATA[Introduction to the Problem: The length of the criminal sencenting can create an intention in prisoners to stop using drugs. Psychologically, the intention is seen from how strong a person's desire to display behavior and how much effort is planned or will be made to display behavior.Objective: This study intends to determine the relationship between the length of the sentence and the intention to stop using drugs in Class I prisons of Bandar Lampung. The variables in this study were the length of the sentence and the intention to stop using drugs. The research samples in this study were the drug convicts in Class I Correctional Facility of Bandar Lampung,Methodology: Data collection method uses quantitative and combines with the qualitative method. The data analysis method of descriptive quantitative uses Linkert Scale approach accumulated with the Pearson Product Moment correlation technique by using the Statistical Packages for Social Sciences 20 application program. Data analysis method of qualitative descriptive uses empirical normative approach.Findings: The result in this study is that there is no relationship between the length of the sentence and the intention to stop using drugs in the Class I Correctional Facility in Bandar Lampung. Based on the correlation test results, the r value was -0.088 with significance = 0.381 where (p> 0.05). The data shows the relationship between the length of the sentence and the intention to stop using drugs in the Class I Correctional Facility in Bandar Lampung is not proven. It means that there are other aspects that more influencing the intention of drug use. Additionally, the effectiveness of imprisonment for drug users in the Class I prison in Bandar Lampung has not run optimally, namely supporting facilities and facilities such as overcapacity for prisoners and prisoners.Paper Type: Research Article]]>
<![CDATA[Implementation of Human Rights Certification as an Application for the Protection of Human Rights to Workers in the Fisheries Industry ]]>
<![CDATA[Tito Pramudita]]>
<![CDATA[ Jurnal Hukum Novelty Vol 12, No 2 (2021) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v12i2.a18481
<![CDATA[Introduction to the Problem: State responsibility is one of the important keys in the life of the state, one of which is in labor affairs. In its implementation, there are several records of human rights violations in the Indonesian Sea, namely Trafficking in Persons, Forced Labor/Slavery, Child Labor, Overtime, and the absence of health insurance.Objective: This research aims to analyze the regulations in Indonesia concerning the protection of human rights for workers in the fishing industry in Indonesia and whether the Fisheries Human Rights Certification under the Regulation of the Minister of Maritime Affairs and Fisheries Number 35 of 2015 has effectively grant human rights protection to workers in the field of fisheries fishing industry in Indonesia.Methodology: The research method used is juridical-normative.Findings: This study indicates that Human Rights Certification in the Fisheries Sector is one solution so that fishing companies meet the Human Rights criteria set by the Government but still need improvement in the context and implementation. Conclusion Research on Fisheries Human Rights Certification has not been effective in protecting workers in the fishing industry from a technical and conceptual perspective. Effectiveness can be improved if there is an evaluation of problems in the form of overlapping authorities between agencies, the seriousness of the Fisheries Human Rights Team in carrying out its authority.Paper Type: Research Article]]>
<![CDATA[Legal Implication of Quran Chapter 4 Verse 3 on Muslims' Marital Affairs ]]>
<![CDATA[Ahmed Abiodun Muhammed-Mikaaeel]]>
<![CDATA[ Jurnal Hukum Novelty Vol 12, No 2 (2021) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v12i2.a20633
<![CDATA[Introduction to The Problem: Bad practice of polygyny among certain members of Muslim Ummah is nothing to write home about. The practice does not conform to Islamic teachings as contained in the unambiguous provision of the ordinance in Quran Chapter 4 verse 3. The very essence of Islamic polygyny, which is geared towards protecting the interest of widows and orphan girls, is defeated among the bad practitioners of polygyny. This has resulted in ardent opposition to the practice of Islamic polygyny. The foregoing informs the reason this paper examines the legal implication of Chapter 4 verse 3 on Muslims’ marital affairs.Purpose/Objective Study: The objective of this paper is to examine the genesis and subject matter of Chapter 4 verse 3, the legal implication of Chapter 4 verse 3, and the juristic opinion on Islamic polygyny, the Muslims bad practice vis-à-vis the reality on Islamic polygyny.Design/Methodology/Approach: The methodology employed in this paper is simply the doctrinal method of legal research. To the end, the paper relies the provisions of the Quran, Hadith, Juristic Views, and scholarly articles written on the subject matter of this paper.Findings: The paper reveals that the primary objectives of the legal implication of Chapter 4 verse 3 include the protection of widows, orphan girls and divorcees; abolition of unjust/bad practices in marital affairs; payment of adequate dowry to women in the event of marriage irrespective of whose ox is gored; and satisfaction of man’s desire for women and outright abolition of Zina. The paper discovers that the practice of polygyny has continued to be relevant in view of the incessant pressing needs for it. The paper also finds that the greatest challenges to Islamic polygyny are inherent in the Muslim Ummah, both on the parts of men and women. The paper recommends character adjustment for both sexes to pave the way for the true practice of Islamic polygyny.Paper Type: Research Article]]>
<![CDATA[Safeguarding the National Airspace of Indonesia under the Framework of International Air Law ]]>
<![CDATA[Harry Purwanto]]>
<![CDATA[ Jurnal Hukum Novelty Vol 12, No 2 (2021) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v12i2.a18528
<![CDATA[Introduction to the Problem: The vast territory of Indonesia requires careful thought in realizing an effective defense system to maintain its territorial integrity and the safety of the nation. To ensure the effectiveness of the country's broad defense system requires great strength, high mobility, and early detection capability. The development of Indonesia's defense force should not merely be oriented towards the land territory, but it must also be optimized towards the country’s sea and air forces.Purpose/Objective Study: This study examines the airspace protection system implemented by Indonesia to protect the security of the country from threats.Methodology: The research design is exploratory as this paper aspires to explore the basis of air defense identification zone.Findings: The Indonesian Government has taken legal measures by regulating restricted airspace, air defense identification zones, as well as identifying types of violations committed by foreign aircraft. Both national and international laws allow Indonesia to establish air defense identification zones.Paper Type: General Review]]>
