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 weakness of backdoor listing regulation and its implications to investors’ protection (comparative study between Indonesia and Hong Kong) ]]>
<![CDATA[Aisyah, Muethia]]>;
<![CDATA[Rahadiyan, Inda]]>;
<![CDATA[Mardhatillah, Siti Ruhama]]>
<![CDATA[ Jurnal Hukum Novelty Vol. 15 No. 1 (2024) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v15i1.a26614
<![CDATA[Introduction to the Problem: Backdoor listing is an alternative way for private companies to be listed on the stock exchange by taking over public companies and changing the company's business line without an IPO process. Backdoor listing has not been specifically regulated in Indonesia, so it has not optimally protected investors' investment security. However, the practice of backdoor listing is commonly used. In contrast, The Stock Exchange of Hong Kong Limited (SEHK) has recently issued amended regulations related to backdoor listing that aim to accommodate backdoor listing activities.Purpose/Study Objectives: This research aims to determine the regulation of backdoor listing on the Indonesian Capital Market Regulations.Design/Methodology/Approach: This research uses the normative method or doctrinal legal analysis. The study discusses comparative cases that occur in Hong Kong.Findings: This research concludes there is still a fundamental area for improvement in the regulation of backdoor listing in Indonesia. Backdoor listing is not specifically regulated in Indonesia, but those activities were regulated referred in OJK Regulation Number 32/POJK.04/2015 on Capital Increase of Public Companies with Pre-emptive Rights, OJK Regulation Number 74/POJK. 04/2016 on Business Merger or Consolidation of Public Companies, OJK Regulation Number 9/POJK. 04/2018 on Takeovers of Public Companies. However, in practice, those actions are commonly used. Under certain conditions and cases, this weakness may result in weak guarantees of legal protection for investors. In contrast, backdoor listing in Hong Kong has been adequately regulated, including the requirement for listed issuers to disclose information about the reverse takeover must at an early stage and the requirement for shareholders’ approval.Paper Type: Research Article]]>
<![CDATA[Legal protection for personal data security and muzakki financial transactions on digital zakat platform ]]>
<![CDATA[Insani, Nur]]>;
<![CDATA[Rohaya, Nizla]]>;
<![CDATA[Mutiara, Upik]]>;
<![CDATA[Maguchu, Prosper]]>
<![CDATA[ Jurnal Hukum Novelty Vol. 15 No. 1 (2024) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v15i1.a27200
<![CDATA[Introduction to the Problem: The implementation of digital zakat has become a popular trend for zakat practices in Indonesia, allowing the muzakki to make their payments swiftly and easily online. However, there are several challenges faced in the adoption of digital zakat in Indonesia, including concerns on the security of personal data and financial transactions. The potentials for hacking or misuse of muzakki's personal data may hinder the development of digital zakat.Purpose/Study Objective: This paper examines the legal protection of the personal data of zakat payers who use digital platforms as the means for distributing their zakat.Design/Methodology/Approach: The method used in this study is qualitative through normative legal research. The data obtained is analyzed with conceptual approach to formulate specific regulations governing digital zakat platform in detail.Findings: The existence of digital zakat is considered a technological innovation that has increased the accessibility of zakat for the people, thereby improving the welfare of those underprivileged. However, confusion and uncertainty regarding the rules and procedures of digital zakat remain in Indonesia. Digitising zakat brings along its own risks and challenges, including the potential for the misuse of funds, data security issues, and the lack of monitoring and accountability. To ensure the appropriate use of zakat funds in accordance with Islamic law and the relevant regulations, both the zakat institutions and the government must strengthen their supervisory and control over the collection and distribution of zakat through digital platforms. Additionally, it is important to note that not all levels of society in Indonesia have access to digital technology. A significant portion of the population, particularly those in remote areas, may not be able to fully participate in digital zakat practices due to lack of internet access or other necessary equipment.Paper Type: Research Article]]>
<![CDATA[Legal protection of women’s and children's rights after divorce through the E-MOSI CAPER App ]]>
<![CDATA[Suadi, Amran]]>;
<![CDATA[Candra, Mardi]]>;
<![CDATA[Al Hasan, Fahadil Amin]]>;
<![CDATA[Gumilar, Gugun]]>
<![CDATA[ Jurnal Hukum Novelty Vol. 15 No. 1 (2024) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v15i1.a27347
<![CDATA[Introduction to the Problem: Women and children are frequently mistreated, particularly when they face legal issues. In divorce situations, for example, they often do not receive the entitlements to which they are entitled, such as mut'ah, iddah, and child support. This situation is due to the existing legal system and policies that do not reflect equality and justice for women and children, particularly in the execution of court orders carrying ex-husbands' obligations to their ex-wives. One of the legal advances in this part is using information and technology (IT) to develop a decision execution system. E-MOSI CAPER is one of the IT-based decision execution instruments that ex-wives can employ to demand that their ex-husbands voluntarily carry out the decision's obligations.Purpose/Objective of the Study: This article attempts to describe and analyze how the E-MOSI CAPER App could assure the preservation of women's and children's rights after divorce.Design/Methodology/Approach: This work adopts a qualitative research technique through normative and empirical juridical approaches, with statutory and conceptual approaches.Findings: According to this study, the E-MOSI CAPER application, one of the IT-based services released by the Bengkulu Religious High Court, is an innovation that could be used as a tool in organizing guarantees for the protection of women's and children's rights. This App can increase the compliance of ex-husbands to perform court decisions, which makes this App part of the legal instrument of the Integrated Execution System.Paper Type: Research Article]]>
<![CDATA[National legal interventions in overcoming underage marriages in indigenous communities ]]>
<![CDATA[Tan, Winsherly]]>;
<![CDATA[Agustini, Shenti]]>;
<![CDATA[Agustianto, Agustianto]]>
<![CDATA[ Jurnal Hukum Novelty Vol. 15 No. 1 (2024) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v15i1.a28029
<![CDATA[Introduction to The Problem: Marriage is everyone's right. However, the phenomenon that occurs is the practice of underage marriage, this also occurs in the indigenous community of the Orang Laut tribe in Lingga Regency.Purpose/Objective Study: The aim of this research is to analyze the regulation of national law and customary law in dealing with underage marriage in the Orang Laut tribal community and to find a concept of legal harmonization that can resolve the practice of underage marriage.Design/Methodology/Approach: The research method used is empirical juridical. The type of data sourced from primary data is through observation and interviews as well as primary data. The basic theories used are the Theory of Legal Work and the Theory of Development Law.Findings: The results of the research state that there is a regulatory inconsistency between marriage law and child protection law. The marriage law allows for underage marriages by applying for dispensation, while Article 26 of the child protection law strictly stipulates that parents are obliged to prevent child marriages from occurring. And there is a culture of "reciprocation" which is the basis for the Sea People tribe to perpetuate the practice of underage marriage. In fact, marriages are only carried out through traditional ceremonies and according to their respective religions without applying for dispensation to the court. This means that the marriage carried out is only valid according to custom and religion and is not legally valid. Therefore, it is necessary to harmonize the law with an institutional approach in overcoming the phenomenon of underage marriage in the indigenous people of the Orang Laut tribe, Lingga Regency.Paper Type: Research Article]]>
<![CDATA[Reconstruction of legal liability of philanthropic organisations in the misuse of humanitarian donations ]]>
<![CDATA[Bango, Fikran S]]>;
<![CDATA[Naswar, Naswar]]>;
<![CDATA[Sapiddin, Andi Syahwiah A]]>;
<![CDATA[Maskun, Maskun]]>;
<![CDATA[Normiati, N]]>;
<![CDATA[Kasim, Nur Mohamad]]>;
<![CDATA[Syamsuddin, M. Yusuf]]>
<![CDATA[ Jurnal Hukum Novelty Vol. 15 No. 1 (2024) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v15i1.a28109
<![CDATA[Introduction to The Problem: The revelation of cases of misuse of humanitarian donations by philanthropic organizations reported by the media. The Aksi Cepat Tanggap (ACT) organization, which is one of the suspects in the misuse of humanitarian donations, is a big question about the implementation of supervision carried out by the government. There are not many cases of ACT, there are several institutions or community organizations to government organizations that have misused their donations. The form of misuse of humanitarian donations with the misuse of public funds to the waste of funds.Purpose/Objective Study: This research aims to reconstruct the legal liability of social philanthropy institutions in the misuse of humanitarian funds. Thus, the collection of humanitarian donations can provide real benefits to the community, and government programs related to poverty alleviation can have a real impact.Design/Methodology/Approach: This type of research is normative juridical with an analytical descriptive approach that discusses legal symptoms and problems with a legislative and doctrinal approach.Findings: The author identifies a significant gap in governmental oversight concerning the collection of money or goods intended for humanitarian aid. This lack of supervision has resulted in the opportunistic exploitation of disaster events, where individuals or groups capitalize on the urgency and generosity elicited by such crises. These actors collect donations ostensibly for relief efforts but instead divert these resources to serve their own personal or financial interests. The absence of stringent regulatory frameworks and effective monitoring mechanisms allows for this misuse, undermining public trust and depriving genuine victims of the essential aid they desperately need. The author underscores the critical need for robust government intervention and accountability measures to safeguard the integrity of humanitarian donations and ensure they reach those most in need.Keywords: Reconstruction; Philanthropic Institutions; Humanitarian Donations]]>
<![CDATA[The legal protection of domain names in Jordanian legislation and the rules of the unified domain name dispute resolution policy issued by ICANN ]]>
<![CDATA[AL-Khalaileh, Lana]]>;
<![CDATA[Al-Billeh, Tareq]]>;
<![CDATA[Manasra, Majd]]>
<![CDATA[ Jurnal Hukum Novelty Vol. 15 No. 1 (2024) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v15i1.a28132
<![CDATA[Introduction to The Problem: The problem of the study was that the Jordanian legislative system is devoid of any special legal regulation or even a system that defines domain names in terms of their nature and means of legal protection for them. There is only the “Registration Policy” that the Ministry of Digital Economy and Entrepreneurship is implementing to register national domain names. This policy only addresses the technical and procedural aspect of domain name registration without specifying its legal nature.Purpose/Objective Study: The purpose of the study is to illustrate the topic's uniqueness and theoretical and practical significance. Due to the lack of specific regulations in many countries and the rise of cases handled by courts in this area, it presents several practical and legal issues. Therefore, the study aims to shed light on this phenomenon and try to find the best solutions to it in light of Jordanian legislation and the rules of the Unified Policy for Resolving Domain Name Disputes issued by ICANN.Design/Methodology/Approach: In its preparation, the study relies on the descriptive and analytical approach by describing the case, citing relevant legal texts, analyzing them, and applying them to reality. This is done by analyzing the texts of the Jordanian national domain name registration policy and comparing it with the legal texts contained in the rules of the Unified Policy for Resolving Domain Name Disputes issued by the ICANN under study.Findings: The study recommended a number of recommendations, the most important of which is the need to enact legislation specific to national domain names to determine the nature of these names and their legal nature. This legislation also includes provisions for their legal protection, stipulating appropriate legal ways and means to confront the assault on them, and provisions for liability resulting from them.Paper Type: Research Article]]>
<![CDATA[The establishment of LAPS SJK in the trajectory of history viewed from the politics of Indonesian law ]]>
<![CDATA[Setiyono, Setiyono]]>;
<![CDATA[Keumala, Dinda]]>;
<![CDATA[Sabirin, Ahmad]]>;
<![CDATA[Rahmat, Nur Ezan]]>;
<![CDATA[Suzaini, Syaqila Binte]]>;
<![CDATA[Bayuaji, Anandayu Pavita]]>
<![CDATA[ Jurnal Hukum Novelty Vol. 15 No. 1 (2024) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v15i1.a28385
<![CDATA[Introduction to the Problem: The history of the formation of the LAPS SJK is based on the importance of consumer protection in the financial services sector. According to the law concerning the role of the Financial Service Authority, the institution is given the authority to facilitate the settlement of complaints from consumers who are harmed by the finance actors. The OJK then issued regulation (POJK) Number 1/POJK.07/2014 concerning Alternative Dispute Resolution Institutions in the Financial Services Sector (LAPS SJK) which was later replaced by regulation Number 61/POJK.07/2020.Purpose/Objective Study: This research examines, how is the history of the LAPS SJK formation and how is the legal politics of the formation.Design/methodology/Approach: This research is normative, using a historical approach. It applies a descriptive method with the secondary data.Findings: The interesting finding is that the establishment of LAPS SJK is to protect consumers in the event of a dispute with the financial actors, so the legal politics regulating the LASP SJK should be an integrated part of the political scheme of consumer protection law. Institutionally, the legal politics of establishing LAPS SJK is motivated by 3 (three) reasons. The initial reason is the establishment of OJK which has a determinant role and function to supervise integrated financial services business activities for the capital market, banking, and non-banking sectors. Another reason is the reality of the advanced development of technology in the global financial services sector, and the last reason is the need of the parties involved in the financial services sector industry; both consumers and finance actors who need an ideal non-court dispute resolution institution.Paper Type: Research Article]]>
<![CDATA[Protection of patient data privacy on IoT devices for healthcare in the era of smart cities: a health law perspective ]]>
<![CDATA[Naili, Yuris Tri]]>;
<![CDATA[Afrilies, Marlia Hafny]]>;
<![CDATA[Garunja, Evis]]>;
<![CDATA[Purwono, Purwono]]>
<![CDATA[ Jurnal Hukum Novelty Vol. 15 No. 1 (2024) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v15i1.a28457
<![CDATA[Introduction to the Problem: The Internet of Things (IoT) has enabled the use of medical devices in the healthcare sector while presenting challenges in regard to the security and privacy of patients’ medical data. This article conducts a systematic literature review to evaluate the existing regulations related to the security and privacy of the patient’s medical data in real-time data collection through IoT in the context of a Smart City.Purpose/Study Objectives: This study aims to identify gaps in the existing regulations, analyze the implementation of these regulations in practice, and evaluate the impact of IoT technology on the privacy and security rights of patients’ medical information in the healthcare sector.Design/Methodology/Approach: The research employed a systematic literature review, by analyzing relevant articles, legal documents, and regulations. Data were examined from a case study of the implementation of IoT devices for healthcare in Smart Cities as well as interviews with legal experts in the field of healthcare services.Findings: The existence of the Electronic Information and Transaction Law, Personal Data Protection Law, and the latest Health Law provides the initial regulatory foundation for ensuring the security of personal data in the integrated governance of Smart Cities, especially in telemedicine services. Implementing regulations for these laws are necessary to technically accommodate the needs for the security of the patients’ data, ensuring that there is no imbalance between the provisions of the laws that are enacted and their implementation in the community.Paper Type: Research Article]]>
