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Jurnal Hukum Novelty
Published by Universitas Ahmad Dahlan
ISSN : 14126834     EISSN : 25500090     DOI : 10.26555
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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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Articles 16 Documents
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Search results for , issue "Vol 9, No 1 (2018)" : 16 Documents clear
Konsep Penyelesaian Perambahan Kawasan Taman Wisata Alam (TWA) Holiday Resort di Kabupaten Labuhan Batu Selatan Provonsi Sumatera Utara Ovien Marisca; Yeni Widowaty
Jurnal Hukum Novelty Vol 9, No 1 (2018)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (786.659 KB) | DOI: 10.26555/novelty.v9i1.a9222

Abstract

The rising population has the potential to increase the need for land, on the other hand faced with the fact that the land is not increased. The most accessible target is forest area. This is what opens up opportunities for forest encroachment. The TWA Holiday Resort Forest area initially includes production forests. Part of the area has been converted into plantation area. To save some of it again, the Minister of Forestry issued Decree No. 695/Kpts-II/1990 which establishes its transition function to TWA (Holiday Resort). The condition of TWA Holiday Resort area is now very worrying. The purpose of this study is to examine, analyze the implementation of forest protection principles in the case of the TWA Holiday Ressort Expansion Area in Labuhan Batu Selatan Regency and to mnyusun Concept of Settlement of TWA Holiday Resort in Labuhan Batu Selatan Regency. The type of research used is empirical juridical consisting of primary data and secondary data. Primary data was conducted with field research at TWA Labuhan Batu Selatan. The result of the research shows that Implementation of forest protection in Labuhan Batu Selatan Regency has not run well because of the lack of firmness of local government apparatus and law enforcement officers in overcoming the encroachment of TWA forest area, so there are still many activities of encroachment done by society even there which established private elementary and junior high schools, village head offices and other buildings. The concept of completing the encroachment of TWA Holiday Resort in the future is to renew the law by improving Law No. 41 of 1999 on forestry, because in article 78 of the Forestry Law the criminal offense starts from letter d, article 78 a, b, and c not mentioned sanctions, In addition to legal reforms, which need to be improved such as law enforcers, the parties that form and apply the law must be good, facilities or facilities that support law enforcement must also be good, the community or the environment in which the law is applied must support, this is so that efforts in tackling the encroachment of TWA area can be more effective.
Pembayaran Ganti Rugi Tanah Jalan Tol Pekanbaru-Kandis Berdasarkan Asas Kepentingan Umum Andrizal Andrizal
Jurnal Hukum Novelty Vol 9, No 1 (2018)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (775.493 KB) | DOI: 10.26555/novelty.v9i1.a9121

Abstract

The land procurement by the state often raises different opinions about the form or amount of the compensation. The compensation could be done several ways like setting executive compensation, sue the legal problem to the court or others. If the mentioned above do not bring positivelty succeed, then the last alternative is done through deposit for damages to the District Court. This research deals with two problems: 1) how is the implementation of compensation of land procurement by state for highway in Pekanbaru-Kandis; 2) How is the mechanism to compensate the retribution which deposited at the district court. This research approached by legal empirical study and viewed with sociology of law. The results are that the compensation of land authorization by state is done in January 2016 which covers 133 areas. In the case of land mastery dispute and its compensation has been deposited in the district court, it could be taken at court secretariat after the court verdict or based on peace agreement along with cover letter from The Chief Executive of Land Procurement/National Land Agency.
Pandangan Yuridis Sosiologis Fenomena Street Justice Di Dalam Kehidupan Bermasyarakat Fuadi Isnawan
Jurnal Hukum Novelty Vol 9, No 1 (2018)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (782.433 KB) | DOI: 10.26555/novelty.v9i1.a8032

Abstract

The law in people's lives serves as a safeguard in living life. The law is present as a guardian of society. However, in fact, the law often found unimplemented. This fact will effect on providing security for the community. The Powerless of the law would lead to what so called street justice or court justice. The long way to get legal procedure grows the society’s anger and leads them to take down the punishment by them self. The phenomenon of street justice influenced by several factors, such as the lack of law awareness and its legal compliance. In this paper, we will use empirical research with the perspective of legal sociology.
Utang dan Pengakhiran Perjanjian Secarap Sepihak (Studi Kasus Perjanjian Konsultan PT. Garuda dan PT. Magnus Awalia Noviyanti; Mukti Fajar Nur Dewanto
Jurnal Hukum Novelty Vol 9, No 1 (2018)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (731.506 KB) | DOI: 10.26555/novelty.v9i1.a9223

Abstract

This article aims to analyze the existence of the debt in reciprocal agreement between PT. Garuda and PT. Magnus, and about the termination of agreement which set aside article 1266 Civil Law unilaterally whether could cancel debt payment obligation or not. This research is normative research which observes the data that correlated to agreement, debt, act againts the law, and termination of agreement which set aside the article 1266 Civil Law. The approach of this article is statute approach which review the data that have correlation with law of agreement and termination of agreement, and case approach. It is the case of PT. Garuda and PT. Magnus. The data collection was done by library research that observing the data about law of agreement and termination of agreement. The result of research shows that there must be approval from each party in reciprocal agreement. Thus, the debt of PT. Garuda to PT. Magnus is the obligation that must be fulfilled due to PT. Magnus has worked maximally to complete its obligation. In other side, the termination of law which set aside article 1266 Civil Law is act againts the law, therefore the obligation to pay the debt must be done, in the reason of there is indemnification in act againts the law.
Perdagangan Internasional dan HAM: Relasinya dengan Sustainable Development Satria Unggul Wicaksana Prakasa
Jurnal Hukum Novelty Vol 9, No 1 (2018)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (824.483 KB) | DOI: 10.26555/novelty.v9i1.a9224

Abstract

Industrialization and export and import activities between countries around the world in this era of globalization. the issue of sustainable development in which the trade also related with physical and environmental aspects, but also considers the benefits and security of the man himself. Many facts encountered that some cases were found, the non-compliance of transnational corporations to pay attention to the principles of human rights fulfillment. Legal issues raised: (1) provisions on international trade, environment, and human rights. (2) case analysis related to international trade, environment and human rights. The research method used statue approach, conceptual approach, and case approach. Research results: (1) Countries are expected an important role in securing how the effects of human rights violations resulting from international trade activities can be minimized in such a way through the principles to protect, and respect for the human rights of citizens. Thus, the public benefits from many international trade activities conducted by the state. as well as sustainable development is also realized through the principle of remedy for transnational corporations found to have done environmental damage and accompanied by human rights violations in its business activities. (2) In the cases presented, it has proved that transnational corporations directly commit human rights violations and environmental destruction, to threats to the state sovereignty process. This issue needs to be addressed in the enforcement of international legal mechanisms. In the extraterritorial court's decision, it is difficult for plaintiffs who are victims of justice and accountability for human rights violations and environmental damage.
Problematika Teori Hukum, Konstruksi Hukum, dan Kesadaran Sosial Ilham Yuli Isdiyanto
Jurnal Hukum Novelty Vol 9, No 1 (2018)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (999.422 KB) | DOI: 10.26555/novelty.v9i1.a8035

Abstract

This theoretical-normative study aims to determine the problematic use of legal theory and its impact on the construction of the law itself. This is very important because the construction of today's law has not created a social awareness of the law so that law enforcement becomes difficult. The discussion in this study raises several issues to be studied, such as; what is the dependencies pattern between law and social awareness? Then how to reconstruct them in the current of the Theory of Law? And the last is; what is the proper direction of legal creation? The results of this study conclude: First, the problem of alienation and distortion between law and society is just like an iceberg phenomenon because the main problem lies within the understanding theoritical of the law itself. Second, the relationship between law and social awareness is the dependence relationship, where the legal product must reflect social awareness so that the actualization of the law is accepted by society as its need. Third, discussing the correlation between law and society is not enough with normative thought (prescriptive), but also empirical (descriptive), so the theory of law plays a very important role to bring this multidisciplinary understanding back to normative thought that prescriptive. Fourth, the legal product which is not based on normative thought is very dangerous because it will be very liberal and far from social morality based on social values, thus there will be alienation and distortion between law and society, or in other words law does not reflect the social awareness.

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