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[Juridical Study of Criminal Law on Delegation of Authority of Obstetricians and Gynecologists to Midwives in Health Services ]]>
<![CDATA[Damayanti, Fitriani Nur]]>;
<![CDATA[Mulyanti, Lia]]>;
<![CDATA[Poddar, Sandeep]]>
<![CDATA[ Jurnal Hukum Novelty Vol. 14 No. 2 (2023) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v14i2.a25748
<![CDATA[Introduction to the Problem: The entitlement to health services represents an inherent right accorded to each citizen within the Indonesian jurisdiction. Within this framework, health practitioners assume a pivotal role in augmenting the optimal provision of healthcare to the populace. Specifically, midwives play a critical function in delivering health services aligned with the directives of medical professionals, particularly in exigent situations and referral services. The legal ramifications surrounding a midwife's engagement in illicit childbirth practices underscore the imperatives of statutory compliance. Within the confines of the Penal Code, responsibility is construed as an imperative, denoting that transgressions of criminal statutes necessitate accountability in accordance with the prescribed legal provisions.Purpose/Objective Study: This study seeks to elucidate the juridical examination of the delegation of authority within the realm of healthcare services, specifically focusing on the intricate dynamics between medical practitioners and midwives.Design/Methodology/Approach: The employed research methodology involves normative juridical analysis utilizing secondary data. Within the purview of this investigation, the research framework adheres to legal principles, encompassing an examination of both codified positive law and uncodified positive law.Findings: The delegation of authority upon midwives to execute health service activities is predicated upon a mandate from doctors, necessitating recurrent monitoring and evaluation by the medical practitioners. This delegation of authority pertaining to health-related responsibilities to midwives is effectuated through both written documentation and oral communication via telephone. The locus of responsibility for this delegation rests with the healthcare institution, where physicians assume the role of conferring authority, and midwives act as the executors entrusted with such delegated responsibilities.Paper Type: Research Article]]>
<![CDATA[Legal Interpretation of Terms, Phrases, and Clauses in the Notarial Deeds ]]>
<![CDATA[Suryadi, Suryadi]]>;
<![CDATA[Rahayu, Triwati]]>
<![CDATA[ Jurnal Hukum Novelty Vol. 14 No. 2 (2023) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v14i2.a25751
<![CDATA[Introduction to The Problem: A notarial deed is an authentic deed containing various legal relationships or events with specific characteristics drafted by or attested by a notary. Its peculiarities vary based on the form, structure, and legal language that are not easily understood by other legal practitioners or the public. To avoid a dispute between the parties, an interpretation of the terms of the legal language used in the deed is required. Based on the literature review, previous studies have yet to discuss the legal interpretation of the deeds made by a notary.Purpose/Objective Study: The research aims to identify and describe the legal interpretation of the terms, phrases, and clauses used in notarial deeds.Design/Methodology/Approach: This research is normative-empiric research. Data consists of primary and secondary data. There are 20 deeds of Islamic financing contracts and ten various deeds such as co-operation agreements, repurchase agreements, bank loans, and so on. The deeds were drafted and/or attested by Sari Darmawati, S.E., S.H. notary in Semarang. Findings: The legal interpretation of notarial deeds is pivotal for ensuring the enforceability of agreements, drawing on legal sources like laws and judicial decisions. Standardized terms form a foundational framework, although their unique meanings may be complex for the public. Gender-based designations and clauses regarding breach of contract and force majeure define legal consequences. In Islamic finance, specific definitions are introduced. Emphasizing jurisdiction and legal principles in agreements, parties' intention prevails in case of ambiguity. Progressive law advocates for a functional interpretation, considering social realities. Interpreting notarial deeds demands a nuanced understanding of language and party intentions, requiring adherence to legal principles amid evolving societal dynamics.Paper Type: Research Article ]]>
<![CDATA[Motive Evidentiary in Premeditated Murder: Aligning the Norms and Practical ]]>
<![CDATA[Rauzi, Fathur]]>;
<![CDATA[Hadi, Muhammad Zaki Pahrul]]>;
<![CDATA[Willems, Janou]]>
<![CDATA[ Jurnal Hukum Novelty Vol. 14 No. 2 (2023) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v14i2.a25954
<![CDATA[Introduction to The Problem: Motive, if related to crime, refers to the urge contained in the mental attitude of the actor to implement that mens rea in an act that is committed to a crime actus reus. The incorporation of motive in cases involving premeditated murder under the legal framework of Article 340 of the Indonesian Criminal Code remains a contentious issue, lacking a consensus. While some individuals posit that premeditated murder necessitates the presence of a motive, contrasting viewpoints contend that the crime can be established without requiring evidence of a motive.Purpose: This study aims to provide an overview and analysis of the significance of understanding motives as a means for judges to find out the background of the premeditated murder so that the panel of judges renders a decision accurately and proportionately.Methodology: The method used in this research is the normative juridical approach that focuses on the study of literature and legislation with the specifications of analytical descriptive research.Findings: The study suggested that Article 340 of the Criminal Code lacks a comprehensive explanation of the presence of motives. Consequently, the implementation of motives is limited to the interpretation provided by legal scholars and the subjective discretion of the presiding judge in each individual instance. In the absence of an interpretation of this motive, the Panel of Judges is not obliged to find a motive for the murder. As a result, this leads to different decisions, some resulting in acquittal and others in conviction of the defendant, because the judge did not discover a motive for the murder during the presentation of evidence. Meanwhile, according to the Indonesian version of the Criminal Code, namely Law No. 1 of 2023, the existence of the motive is mandatory in sentencing as stated in Article 54 paragraph (11) sub b of the Criminal Code.Paper Type: Research Article]]>
<![CDATA[Responding to Allegations of Subsidy Violations: Indonesia's Compliance under the Agreement on Subsidies and Countervailing Measures ]]>
<![CDATA[Kholik, Nur]]>;
<![CDATA[Hidayat, Wahyu]]>;
<![CDATA[Asyrafi, Muhammad]]>
<![CDATA[ Jurnal Hukum Novelty Vol. 14 No. 2 (2023) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v14i2.a26126
<![CDATA[Introduction to The Problem: Indonesia frequently finds itself confronted with allegations of subsidy infractions from European and Western counterparts. Thus, the focal point of this analysis revolves around the accusations leveled by the United States and the European Union against Indonesia for purported subsidy transgressions, along with an exploration of the strategic measures implemented by Indonesia to address and rectify these claims.Purpose/Objective Study: This examination scrutinizes the contentions posited by both the United States and the European Union concerning subsidies and anti-dumping activities attributed to the Indonesian Government. Additionally, it delves into the remedial measures undertaken by the Indonesian Government in response to these allegations.Design/Methodology/Approach: This study constitutes normative legal research, employing a case-centric methodology to scrutinize allegations of subsidy violations leveled against Indonesia by both the United States and the European Union. The analytical approach adopted involves employing descriptive analysis techniques to illuminate the intricacies of the legal landscape underpinning the accusations.Findings: This scholarly analysis posits that, in response to accusations from the United States, Indonesia should actively pursue "sympathetic consideration" through the diplomatic avenue of bilateral dispute resolution, particularly concerning matters pertaining to the GATT's implementation. Furthermore, in the face of legal challenges from the European Union, Indonesia is compelled to furnish compelling evidence and articulate substantiated justifications grounded in the outcomes of its non-renewable natural resource assessments. This research discerns that Indonesia, positioned as a developing nation, is accorded protective measures under the auspices of Article 8.19 DSU, Article 12.11, Article 21.8, and Article 27.2. Specifically, Indonesia retains the legitimate authority to curtail nickel ore exports in accordance with the provisions delineated in the 1994 GATT. This prerogative is exercised to shield against and avert the depletion of Indonesia's natural resources, a concern underscored by Article 20 of the 1994 GATT, recognizing the potential for these resources to reach a state of extinction. Paper Type: Research Article]]>
<![CDATA[Empowering SDG 16: Electronics-Based Criminal Law Policy to Combat Sexual Violence in Indonesia ]]>
<![CDATA[Maskun, Maskun]]>;
<![CDATA[Azisa, Nur]]>;
<![CDATA[Munandar, M. Aris]]>;
<![CDATA[Mirzana, Hijrah Adhyanti]]>;
<![CDATA[Ab Rahman, Nurul Hidayat]]>;
<![CDATA[Normiati, Normiati]]>;
<![CDATA[Iskandar, Ismail]]>;
<![CDATA[Mutawalli, Muhammad]]>
<![CDATA[ Jurnal Hukum Novelty Vol. 14 No. 2 (2023) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v14i2.a26968
<![CDATA[Introduction to The Problem: Increasing cases of sexual violence, particularly against women, heighten concerns, prompting this group to be vigilant in self-protection. The lack of clarity on electronic-based sexual violence in the TPKS Law may lead to varied interpretations among law enforcement agencies. A normative study is crucial to discern the legislative intent and rationale, ensuring inclusion of these provisions in the TPKS Law. An ideal electronic-based criminal law policy is needed to universally safeguard victims, aligning with the principles of human dignity outlined in SDG 16 of the Global Agenda 2030.Purpose/Objective Study: This investigation sought to delineate the contours of Indonesia's legislative framework pertaining to electronic-based sexual violence within the ambit of criminal law policy. The significance of this inquiry lies in its inherent alignment with and contribution to the realization of Sustainable Development Goal 16, which fundamentally advocates for the promotion of peace, justice, and the fortification of robust institutional frameworks.Design/Methodology/Approach: The research method used is normative legal research with a statutory approach and qualitative analysis.Findings: Law Number 12 of 2022 addresses electronic-based sexual violence in Article 14(1) (a) and (b) but presents drawbacks, particularly concerning consensual consent. Recommending amendments to these articles is crucial to avoid discord with other regulations, striving for an optimal criminal law policy in Indonesia. Legal reforms should consider societal issues and contribute to effective law enforcement. Electronic-based sexual violence legislation must align with both expectations and realities, acknowledging the severity of the offense as a violation of human rights and a significant criminal act under SDG 16. The Indonesian government must establish and enforce laws to combat this activity, crucial for achieving SDG 16. Proposed amendments include introducing supplementary penalties, like revoking access rights to electronic media, to deter offenders.Paper Type: Research Article]]>
<![CDATA[The Prospects of Intellectual Property Rights as a Credit Collateral: An Indonesia-Singapore Comparative Study ]]>
<![CDATA[Rifqi, Muhammad]]>;
<![CDATA[Roisah, Kholis]]>;
<![CDATA[Lestari, Sartika Nanda]]>
<![CDATA[ Jurnal Hukum Novelty Vol. 14 No. 2 (2023) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v14i2.a27017
<![CDATA[Introduction to The Problem: The development of the creative industry has an impact on the need for capital. The government has made new policies related to the financing mechanism of the creative economy through Peraturan Pemerintah (PP) Number 24 of 2022 concerning the Implementation of Law Number 24 of 2019 concerning the Creative Economy. The government is trying to provide support in the form of a credit financing scheme with IPR as a collateral to financial institutions.Purpose/Objective Study: This study aims to determine the prospects of IPR as a credit guarantee after the issuance of PP Number 24 of 2022. To see the extent of the effectiveness of the PP, this study presents a comparison of IPR commercialization in Singapore, which is one of the countries that has successfully implemented IPR as a credit.Design/Methodology/Approach: The research method used is normative juridical with analytical descriptive specifications.Findings: The results indicated that to implement IPR as a credit guarantee, collaboration between institutions is needed, and several instruments must be fulfilled, namely concerning legal regulations, government institutions, financial institutions, valuation institutions, insurance institutions, and secondary markets. Indonesia does not fully have these six instruments, especially in terms of institutions related to valuation institutions and their technical implementation guidelines, insurance institutions in case of bad credit, and the secondary market as the last place to sell IPR assets. The implication is that IPR-based credit financing for creative economy actors in Indonesia has not run optimally.Paper Type: Research Article]]>
<![CDATA[The Dual Burden of Child Sexual Abuse: Victim Experiences and Law Implementation Gaps ]]>
<![CDATA[Fernando, Henky]]>;
<![CDATA[Larasati, Yuniar Galuh]]>;
<![CDATA[Abdullah, Irwan]]>;
<![CDATA[Afriadi, Dedy]]>;
<![CDATA[Marsaban, Al]]>;
<![CDATA[Nurasih, Wiji]]>;
<![CDATA[Morin, Leanne]]>
<![CDATA[ Jurnal Hukum Novelty Vol. 14 No. 2 (2023) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v14i2.a27059
<![CDATA[Introduction to The Problem: The experience of sexual abuse in childhood extends beyond detrimental effects on overall well-being, manifesting in the form of adverse treatment during the recovery phase. This critical issue necessitates a thorough reassessment of the effectiveness and dedication in the enforcement of child protection legislation, particularly in how it supports and prioritizes the needs and welfare of these young victims during their recovery journey.Purpose/Objective Study: The primary aim of this research is to delineate the specific characteristics and far-reaching consequences of child sexual abuse, as well as to critically appraise the execution of the child protection laws in terms of the care and treatment provided to the young victims throughout their recovery.Design/Methodology/Approach: Employing a descriptive normative methodology, this study is underpinned by both primary and secondary data sources. Primary data were meticulously collected from online news reports, shedding light on the nature, contributing factors, and multifaceted impacts of child sexual abuse. Complementary secondary data were meticulously compiled from a thorough examination of legislative documents, scholarly books, and pertinent academic articles.Findings: Firstly, the majority of child victims of sexual abuse are under the age of 18, with a significant number of the perpetrators being individuals within the victims’ immediate social circles. Secondly, the ramifications of such abuse extend beyond physical harm, profoundly affecting the psychological well-being and future quality of life of the victims. Thirdly, a notable proportion of these young victims face negative experiences during their recovery, a situation stemming from both societal indifference and the inadequate application of child protection laws. This shortfall in law enforcement fails to sufficiently address and safeguard the rights and well-being of child victims of sexual abuse during their critical period of recovery.Paper Type: Research Article]]>
<![CDATA[The Dichotomy of Traditional Cuisine Protection in Indonesia: Geographical Indications vs. Traditional Knowledge ]]>
<![CDATA[Disemadi, Hari Sutra]]>;
<![CDATA[Sudirman, Lu]]>;
<![CDATA[Tan, David]]>;
<![CDATA[Situmeang, Ampuan]]>
<![CDATA[ Jurnal Hukum Novelty Vol. 14 No. 2 (2023) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v14i2.a27282
<![CDATA[Introduction to The Problem: Traditional cuisines are an important part of national identity in Indonesia and a significant driver in the tourism industry, which are currently threatened by the constantly accelerating waves of globalization.Purpose/Objective Study: This research aims to analyze the ways to protect traditional cuisines through the intellectual property law, comparing the regime of GI and traditional knowledge, as suitable options of protection.Design/Methodology/Approach: This research utilizes normative legal research method, with statutory approach. To support this method, this research also utilizes literature analysis and comparative analysis technique to analyze the dichotomy between Geographical Indication and Traditional Knowledge.Findings: Analysis finds that the GI regime comes out as the superior regime of protection from the dichotomy, with lesser normative loopholes. Authenticity plays an important role in the comparative analysis between the two regimes, as it’s normatively backed as an important part of the tourism sector. Further analysis also finds that the GI regime can still be improved, particularly regarding substantive examination, which needs more definitive provisions to guarantee authenticity of traditional cuisines in Indonesia.Paper Type: Research Article]]>
<![CDATA[Role of Islamic Law in the Efficient Management of Debt in Nigeria ]]>
<![CDATA[Zubair, Aishat Abdul-Qadir]]>;
<![CDATA[Muhammed-Mikaaeel, Ahmed Abiodun]]>
<![CDATA[ Jurnal Hukum Novelty Vol. 14 No. 2 (2023) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v14i2.a27348
<![CDATA[Introduction to The Problem: Nigeria's Q4 2021 Real GDP reached N20.33 trillion, with a 3.98% YoY growth, marking the fifth consecutive quarter of positive growth post-2020 recession. Despite this, the economy is deemed in crisis. Concerningly, the government is accumulating more debt to service existing obligations, posing sustainability issues and conflicting with Shari’ah wealth management principles.Purpose: This study aims to analyze the impact of Islamic law on effective debt management in Nigeria, specifically addressing the consequences of economic crises that result in substantial national borrowing. Additionally, it aims to highlight Sharia jurisprudence as a viable solution to alleviate Nigeria's economic challenges.Design/Methodology/Approach: The Methodology employed in this study is purely doctrinal method of legal research. Hence, the study places reliance principally on the available literature by which the study explores relevant materials such as text books, journals and internet facilities. Importantly, the study finds most useful the primary sources of Shari’ah which are the Qur’an and Sunnah as well as the secondary sources which include Qiyas and Ijma’.Findings: The study finds that the economic crisis which Nigeria has found itself as a result of the multiplier effect of excessive public borrowing cannot be divorced from the adoption of the conventional economic system. The result reveals further that Islamic law plays significant roles in the efficient management of debt as was confirmed in the Malaysian Shari’ah compliant public debt management practices. The study proposes, by way of recommendation, the practice of Islamic Wealth Management to cushion the effect of the deficit budgets and the onerous debts on Nigeria and increase investment activities with a view to impacting positively on the country’s GDP. The study is therefore most relevant to the policymakers in the Ministry of Finance, Debt Management Office, as well as the Lawmakers in the country.Paper Type: Research Article]]>
<![CDATA[Rethinking Delegated Legislation in Indonesian Legal System ]]>
<![CDATA[Al-Fatih, Sholahuddin]]>;
<![CDATA[Safaat, Muchamad Ali]]>;
<![CDATA[Widiarto, Aan Eko]]>;
<![CDATA[Uyun, Dhia Al]]>;
<![CDATA[Rahmat, Al Fauzi]]>
<![CDATA[ Jurnal Hukum Novelty Vol. 14 No. 2 (2023) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v14i2.a27517
<![CDATA[Introduction to The Problem: Delegated legislation in Indonesia is a new type of legislation that should be interpreted and ruled carefully. However, nowadays, the Indonesian legal system has no fixed term for delegated legislation and no hierarchy on it. Furthermore, as many as 57.677regulations at the level of Ministries, Agencies and State Institutions have the potential to overlap regulations and become subject to judicial review in the Supreme CourtPurpose/Objective Study: This article aims to analyze the best term and hierarchy of delegated legislation in the legal system in Indonesia.Design/Methodology/Approach: This legal research conducted normative studies, by examining previous studies on delegated legislation and Electronic and Information Transaction (EIT) law to imagine the delegated legislation type and hierarchy. The data was analyzed by a prescriptive method to give a new idea regarding delegated legislation in Indonesia's legal system.Findings: This paper finds no fixed term for delegated legislation in the Indonesian legal system. There is a loophole in the Indonesian legal system related to delegated legislation. However, some scholars argue that delegated legislation in Indonesia can be found in Government Regulation, Presidential Regulation, Local Regulation and beleidsregel in Article 8 Paragraph (1) Law Number 12 of 2011 concerning Establishing Statutory Regulation and its amendment. As a suggestion, the amendment of the Law on Establishing Statutory Regulation is a must in carrying delegated legislation definition, purpose and hierarchy.Paper Type: Research Article]]>
