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[Perlindungan Hak-Hak Buruh Pada Praktik Sistem Outsourcing: Sebuah Kesenjangan Penerimaan ]]>
<![CDATA[Nafila, Nafila]]>;
<![CDATA[Kristine, Erlin]]>;
<![CDATA[Wijaya, Endra]]>
<![CDATA[ Jurnal Hukum Novelty Vol 8, No 2 (2017) ]]>
Publisher : <![CDATA[Faculty of Law, University of Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v8i2.a5552
<![CDATA[Nowadays, outsourcing becomes a common system which is used in many business entities. For some reasons, as a system, outsourcing has emerged pro and contra opinions. Some people thought that outsourcing could make business run more effectively and efficiently, while the other thought that outsourcing could make labor placed in unfavorable condition. However, Indonesian law system still allows or accommodates business entities to use outsourcing in their business. In fact, through its practice, Indonesian labor law which rules outsourcing has not been implemented effectively, so the labor would become the weak party when they are in work relation with the bosses. This article will be focused on how outsourcing was implemented, and in the same situation, how the labor respond to it. This article was based on field study, in which researchers gave attention to the implementation of outsourcing system in 2 (two) different work units within the same institution, a private university in Jakarta. This study shows, because of some reasons, the labor still accepts when they were working under the outsourcing system.]]>
<![CDATA[Ironi Perdagangan Manusia Berkedok Pengiriman "Pahlawan Devisa Negara" ]]>
<![CDATA[Kusumawati, Mustika Prabaningrum]]>
<![CDATA[ Jurnal Hukum Novelty Vol 8, No 2 (2017) ]]>
Publisher : <![CDATA[Faculty of Law, University of Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v8i2.a7155
<![CDATA[Human trafficking disguised as shipping heroes of countrieâs foreign exchange occured because the government does not exercise its function properly. The existence of Indonesiaâs Criminal Law Book (KUHP), The Act of 39 Year 2004 About Placement and Protection of Indonesian Labor, The Act of 21 Year 2007 About Eradication of Human Trafficking, as well as several other laws are expected to be optimally applied. In connection with the shipment of labors that disguise as heroes of countrieâs foreign exchange, it is urgent to prevent it comprehensively and integrally which covers: direct prevention, indirect prevention, prevention with some environment restoration, and prevention through the attitude upgrading.]]>
<![CDATA[Kekuatan Hukum Surat Keterangan Ahli Waris Bagi Anak Luar Kawin dari Pernikahan Tidak Tercatat ]]>
<![CDATA[Erwinsyahbana, Tengku]]>;
<![CDATA[Harmita, Harmita]]>
<![CDATA[ Jurnal Hukum Novelty Vol 8, No 2 (2017) ]]>
Publisher : <![CDATA[Faculty of Law, University of Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v8i2.a5988
<![CDATA[Based on the Decision of the Constitutional Court Number 46/PUU-VIII/ 2010, a child born from an unregistered marriage may have a civil relationship with his biological father, so as to remain inherited, and to obtain legal certainty as an heir the name of the uregistered marrieage born child should mentioned as the heir. This fact is interesting to be examined and it aims to obtain answers of the legal strength of the heirsâ certificate of unrecorded marriage. This research type is juridical normative with legislation approach through the descriptive-qualitative method. The results of the study indicate that in order to obtain legal certainty, it is supposedly that the certificate of inheritance contains the name of the unrecorded marriage born child. But, this is canât be done, because there is no legislation determines that the childâs name from unregistered marriage could be contained in the letter. So, with no legislation, the certificate of inheritance containing the name of the unregistered marriage child has no legal power, and therefore it is recommended that the government immediately make a regulation concerning the inheritance certificate for the child from unregistered marriage, so it could be clear and fixed.]]>
<![CDATA[Kepemilikan Tunggal Badan Hukum Perseroan Terbatas (PT) ]]>
<![CDATA[Wahyuni, Verti Tri]]>
<![CDATA[ Jurnal Hukum Novelty Vol 8, No 2 (2017) ]]>
Publisher : <![CDATA[Faculty of Law, University of Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v8i2.a6914
<![CDATA[Principally, the responsibility of shareholders based on positive law is limited to the amount of capital deposited. In accordance to Article 3 (1) of Company law number 40 year 2007, it confirms that company shareholder is not subjected to any personal liability for commitments made on behalf of company and shall not be liable for any loss exceeding its shares. The aim of this research is to figure out whether the subjective requirements of limited liability company establishment is absolute or not, and also to figure out how is the legal sanction of sole proprietorsip of a limited company. This research is a juridical normative research. The subjective requirement of limited company establishment is absolute. Limited company may be established by 2 (two) or more shareholders under the notarial deed. The legal sanction of sole proprietorship of a limited company is that the shareholder is personally liable of all company commitments and loss. The shareholders in maximally 6 (six) months after the company is legal under the notarial deed, is obliged to share part of it stock to other shareholders or the company issues a new stock to other. The shareholders are personally responsible if the shareholder is less than 2 (two) persons after 2 (two) months period given by the law.]]>
<![CDATA[Hukum Islam dan Hukum Positif: Perbedaan, Hubungan, dan Pandangan Ulama ]]>
<![CDATA[Yudha, Alda Kartika]]>
<![CDATA[ Jurnal Hukum Novelty Vol 8, No 2 (2017) ]]>
Publisher : <![CDATA[Faculty of Law, University of Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v8i2.a7019
<![CDATA[Since 3 May 1924 when Islamic khilafah fell out, there are so many people with their movements who want to declare and dream the resurrection of khilafah state with Islamic law being used propely. Some of them begin with promoting sharia law to be positive law in Islamic country, and this topic has became interesting theme to be discussed ever since. Ever since, the debate among Muslims whether it is must or not to promote sharia law becomes positive law began. Â One think that the side who wanât to aplly sharia law as positive law is kafir and fasiq (this is according to al-Maidah 44, 45 and 47). The others state that itâs not has to be like that with their reasonable arguments. In our opinion, since this is still in domain of ijtihadi, the differences among them is natural to be happened.]]>
<![CDATA[Pemisahan Pertanggungjawaban Perampasan Barang dalam Penguasaan Pihak Ketiga yang Beritikad Baik dalam Putusan Tindak Pidana Korupsi ]]>
<![CDATA[Umara, Nanda Sahputra]]>
<![CDATA[ Jurnal Hukum Novelty Vol 8, No 2 (2017) ]]>
Publisher : <![CDATA[Faculty of Law, University of Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v8i2.a7027
<![CDATA[Considering the development of modus operandi on crime of corruption, the quality of law enforcement in eradicating corruption needs to be increased. Many people are violated his rights over the lack of the duty and the responsibility of law enforcer. As in the verdict no. 42 / Pid.B / TPK / 2012 / PN.JKT.PST. Whereas in this verdict the judge shall also impose a crime in the form of the appropriation of certain goods against a good faithful third party, whereas confiscation is an additional criminal sanction under Article 10 of the Criminal Code and Article 18 of Law Number 31 Year 1999 jo. Law Number 20 Year 2001 on the Eradication of Corruption. In the criminal law conception criminal liability can only be charged to a person who has previously committed a crime. that in this Decision, according to the judge, the author has mistakenly applied the law to a good third party. should the seizure of a third party in this decision not be imposed through the criminal justice system but with other legal mechanisms outside the penal law both civil and administrative, because in principle the accountability in criminal law is based on in personam mechanism, therefore need to be separated from the concept of responsibility in the seizure of goods in the possession of a well-intentioned third party.]]>
<![CDATA[Implementasi Corporate Sosial Responsibility PT Riau Crumb Rubber Factory terhadap Masyarakat Kelurahan Sri Meranti Kota Pekanbaru ]]>
<![CDATA[Shandy Utama, Andrew]]>;
<![CDATA[Rizana, Rizana]]>
<![CDATA[ Jurnal Hukum Novelty Vol 8, No 2 (2017) ]]>
Publisher : <![CDATA[Faculty of Law, University of Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v8i2.a6884
<![CDATA[A company that carries out its business activities in the field and/or related to natural resources is obliged to carry out its Corporate Social Responsibility (CSR). This research was conducted at PT Riau Crumb Rubber Factory which is located in Sri Meranti Village. Raw rubber production activities into semi-finished rubbers have been routinely generating pollution for the environment and society, such as air pollution and water pollution. The problem is how the implementation of CSR PT Riau Crumb Rubber Factory to the community of Sri Meranti Village in Pekanbaru City? What are the obstacles and the legal effort based on Riau Province Regional Regulation Number 6 Year 2012? This research is a sociological law research. Source of data used in this research is primary data and secondary data. Data collection techniques used in this study are observation, interview, and literature study. Data analysis technique used in this research is qualitative analysis. The result of this research is PT Riau Crumb Rubber Factory has implemented CSR, but has not fulfilled the expectation the community of Sri Meranti Village because it is not comparable with the pollution and environmental damage caused by the companys operational activities. The obstacle from the company side is the limited budget of CSR funds owned by PT Riau Crumb Rubber Factory to be able to meet all the needs of the community, while from the community side is the lack of legal knowledge of the community of Sri Meranti Village about CSR. The legal effort is that if PT Riau Crumb Rubber Factory does not implement CSR, the community of Sri Meranti Village can convey their aspirations to the DPRD of Riau Province for the company to be recommended to get administrative sanction from the government, such as the suspension of operational license of the company.]]>
<![CDATA[Konstitusionalitas Standar Pelayanan Minimal ]]>
<![CDATA[Syafingi, Habib Muchsin]]>
<![CDATA[ Jurnal Hukum Novelty Vol 8, No 2 (2017) ]]>
Publisher : <![CDATA[Faculty of Law, University of Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v8i2.a7020
<![CDATA[The purpose of local government is to realize the peopleâs prosperity through improving services, empowerment, community participation, and enhancement of regional competitiveness. As part of the central government, the local government is responsible for improving public services based on the Minimum Service Standard on the local government obligatory matters that related to the basic needs of the community. The principle of Minimum Service Standard is different from the principle in the Act No. 25 of 2009 about Public Service which tends to emphasize on standard aspects of public goods and public services and more likely focuses toward the realization of good governance. The concern of Minimum Service Standards is the realization of the societyâs welfare as one of the state goals. The philosophy of this Minimum Service Standard is the improvement of publicâs quality and access to public services which is should be realized in various indicators. The preparation of indicators along with its achievements and its per year target are intended to evaluate easily and also simplify the planning and budgeting process every year. The obligatory matters of local government related to basic needs should be developed by the ministry concerned and implemented by the local government including education, health, public works and spatial, housing and settlement and social. These government duties based on the result of the study that the Minimum Service Standar on those affairs is the further implementation of the constitutional provisions of the 1945 Constitution, so that the drafting and application of Minimum Service Standar has a clear constitutional foundation.]]>
<![CDATA[Kekuatan Hukum Surat Keterangan Ahli Waris Bagi Anak Luar Kawin dari Pernikahan Tidak Tercatat ]]>
<![CDATA[Tengku Erwinsyahbana]]>;
<![CDATA[Harmita Harmita]]>
<![CDATA[ Jurnal Hukum Novelty Vol 8, No 2 (2017) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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Full PDF (814.305 KB)
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DOI: 10.26555/novelty.v8i2.a5988
<![CDATA[Based on the Decision of the Constitutional Court Number 46/PUU-VIII/ 2010, a child born from an unregistered marriage may have a civil relationship with his biological father, so as to remain inherited, and to obtain legal certainty as an heir the name of the uregistered marrieage born child should mentioned as the heir. This fact is interesting to be examined and it aims to obtain answers of the legal strength of the heirs’ certificate of unrecorded marriage. This research type is juridical normative with legislation approach through the descriptive-qualitative method. The results of the study indicate that in order to obtain legal certainty, it is supposedly that the certificate of inheritance contains the name of the unrecorded marriage born child. But, this is can’t be done, because there is no legislation determines that the child’s name from unregistered marriage could be contained in the letter. So, with no legislation, the certificate of inheritance containing the name of the unregistered marriage child has no legal power, and therefore it is recommended that the government immediately make a regulation concerning the inheritance certificate for the child from unregistered marriage, so it could be clear and fixed.]]>
<![CDATA[Ironi Perdagangan Manusia Berkedok Pengiriman "Pahlawan Devisa Negara" ]]>
<![CDATA[Mustika Prabaningrum Kusumawati]]>
<![CDATA[ Jurnal Hukum Novelty Vol 8, No 2 (2017) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
Show Abstract
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DOI: 10.26555/novelty.v8i2.a7155
<![CDATA[Human trafficking disguised as shipping heroes of countrie’s foreign exchange occured because the government does not exercise its function properly. The existence of Indonesia’s Criminal Law Book (KUHP), The Act of 39 Year 2004 About Placement and Protection of Indonesian Labor, The Act of 21 Year 2007 About Eradication of Human Trafficking, as well as several other laws are expected to be optimally applied. In connection with the shipment of labors that disguise as heroes of countrie’s foreign exchange, it is urgent to prevent it comprehensively and integrally which covers: direct prevention, indirect prevention, prevention with some environment restoration, and prevention through the attitude upgrading.]]>
