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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 8 Documents
 1 
Search results for , issue "Vol. 17 No. 1 (2026)" : 8 Documents clear
Challenges of international law integration: Protecting rights of Rohingya refugees in Aceh Yordan Gunawan; Muhammad Farel Reyhan; Labib Dianatadilaga Jayapraja
Jurnal Hukum Novelty Vol. 17 No. 1 (2026)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v17i1.29462

Abstract

Introduction to the Problem: Indonesia continues to face significant legal and policy challenges in protecting Rohingya refugees arriving in Aceh Province, particularly due to the country’s non-ratification of the 1951 Refugee Convention and the absence of comprehensive national refugee legislation. Purpose/Study Objectives: This article aims to analyze Indonesia’s legal and policy framework in protecting Rohingya refugees, with a specific focus on the integration of international refugee law, compliance with humanitarian principles, and the implications of the “safe third country” policy. Design/Methodology/Approach: The study employs a qualitative, normative legal research method, using a doctrinal approach, and examines national statutory regulations, presidential decrees, and relevant international legal instruments, including the 1951 Refugee Convention, the 1967 Protocol, and the principle of non-refoulement. Findings: The findings indicate that Indonesia’s refusal to ratify the 1951 Refugee Convention and the lack of clear statutory guidelines create legal gaps that hinder effective refugee protection. These gaps place Rohingya refugees in a state of legal uncertainty and weaken the practical implementation of humanitarian principles, particularly the principle of non-refoulement, within Indonesia’s “safe third country” policy framework. Paper Type: Research Article
Financial reorganization as a means of saving troubled commercial projects from bankruptcy: An analytical study in the UAE Bankruptcy Law No. 51 of 2023 Mohammad Saad Ali Al Armman
Jurnal Hukum Novelty Vol. 17 No. 1 (2026)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v17i1.29992

Abstract

Introduction to the Problem: Avoiding commercial projects falling into the abyss of bankruptcy is a modern philosophy upon which modern legislation is based, based on its awareness of the importance of the role that commercial projects in general play in the economic development of countries, which requires attention from those in charge of them. Purpose/Study Objectives: This study came to clarify the position of the Emirati legislator on this method and its role in reducing the declaration of bankruptcy of a faltering commercial project by evaluating the financial situation of the debtor, as the Emirati legislator approved in the Bankruptcy Law the establishment established a unit in the Ministry of Justice called the Financial Reorganization Unit and assigned to it a group of Specializations Design/Methodology/Approach: The financial reorganization method is one of the alternative methods developed by the UAE legislator to avoid bankruptcy for companies, by conducting an analysis of the status of the faltering commercial project, finding out the reasons for its faltering, and re-evaluating it. This certainly requires that these projects have a strong desire to address their financial situation before it worsens. Hence, the UAE bankruptcy law is more concerned with saving the commercial project to overcome its financial difficulties than defaming the debtor who owns the project, by introducing a financial reorganization mechanism to protect the commercial project and avoid its bankruptcy. Findings The study concluded that establishing this unit in the Ministry of Justice and granting it a group of specializations gave it an administrative character, not a judicial one. Granting the right to choose financial reorganization experts’ conflicts with the jurisdiction of the competent court to make such a choice. Paper Type: Research Article
Legal immunity and liability in emergency assistance: Rethinking the Good Samaritan Doctrine in Indonesia through comparative and international perspectives Faizal Kurniawan; Xavier Nugraha; Angelica Milano; Bryan Owen Soeprapto; Lorenzo Nieuwenburg
Jurnal Hukum Novelty Vol. 17 No. 1 (2026)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v17i1.30232

Abstract

Introduction to the Problem: The problem explored in this study is that the Indonesian legal system does not provide any legal protection for ‘Good Samaritan’ acting to aid others’ in grave danger. This legal vacuum might cause a shift in humans' good nature. Purpose/Study Objectives: The purpose of this study is to examine how other jurisdictions regulate Good Samaritan immunity in civil disputes, addressing the research gap in Indonesia where no protection exists, and how such frameworks may be adapted. Design/Methodology/Approach: Normative juridical research combining statute, conceptual, comparative, and case approaches across Indonesia, Canada, and China to map immunity/liability rules in emergency civil disputes and extract transferable principles relevant to international law debates on protecting life and enabling bystander aid. Findings: The study finds that implementing a Good Samaritan Doctrine in Indonesia addresses the current legal vacuum by providing immunity to individuals who render aid in emergencies. Comparatively, Canada grants civil immunity for Good Samaritans acting in good faith, while China’s Civil Code provides similar protection with limitations. These models demonstrate that clear immunity provisions can encourage voluntary assistance without exposing helpers to liability. In the Indonesian context, the idea of having legal immunity and liability for ‘Good Samaritans’ could be achieved in the short term through advocation clarifying judicial interpretation of Article 1354 of the Indonesian Civil Code, and in the long term through dedicated legislation establishing Good Samaritan protection.  Paper Type: Research Article
Users or traffickers? Legal ambiguities in Indonesia’s narcotics law and their role in prison overcrowding Nevey Varida Ariani; Yusramizza Md Isa; Yuhanif Yusof; Amirudin
Jurnal Hukum Novelty Vol. 17 No. 1 (2026)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v17i1.30254

Abstract

Introduction to the Problem: Drug law enforcement in Indonesia is undermined by persistent legal ambiguities, particularly in distinguishing between drug users and traffickers. This uncertainty erodes legal certainty, generates judicial inconsistencies, and contributes directly to chronic prison overcrowding. Purpose/Study Objectives: This study analyses inconsistencies in Law No. 35 of 2009 regarding the classification of drug users and traffickers and their impact on sentencing disparities and overcrowding. Design/Methodology/Approach: A juridical-empirical method was employed, combining normative legal analysis with qualitative data from semi-structured interviews with four judges and ten inmates in East Java. Findings: Empirical evidence shows that users are frequently misclassified as traffickers through the routine use of Article 112, even for small personal-use quantities suited to Article 127. Despite SEMA No. 4/2010 and No. 3/2015, their clarifying impact has been limited. This misclassification restricts access to rehabilitation, fuels overcrowding, and produces sentencing disparities, thereby weakening substantive justice. This is the first empirically grounded study linking statutory ambiguity with systemic overcrowding in Indonesia. By connecting doctrinal ambiguity with systemic over-incarceration, the study recommends statutory harmonisation, expansion of rehabilitation alternatives, and selective decriminalisation consistent with human rights. Paper type: Research Article
Mandatory arbitration clause vs consumer class action: Circumvention of consumer’s access to justice in Indonesia Annisa Syaufika Yustisia Ridwan
Jurnal Hukum Novelty Vol. 17 No. 1 (2026)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v17i1.30362

Abstract

Introduction to the problem: The emergence of the mandatory arbitration clause in consumer contracts raises the issue of consumer access to justice, for it prevents consumers from filing claims in general court. This practice might potentially close the opportunity for consumers to file a class action claim. Purpose/Study Objectives: This article aims to analyse how the mandatory arbitration clause threatens consumer access to justice, especially the future opportunity to file a class action. Since the Constitutional Court decision favoured freedom of contract and arbitration clauses, this article will attempt to find the possible approach to protect consumers amidst the practice of mandatory arbitration clauses. Design/Methodology/Approach: This paper uses a normative approach, and the data used in this paper are secondary data that consist of legal materials such as statutes, regulations, case law and doctrines. Findings: Mandatory arbitration clause poses threat to consumer access to justice. It limits the procedural right of the consumer to file a class action claim in a general court, while the current arbitration system chosen by the corporation in the clauses has a huge barrier for the consumer to access. The possible approaches to protect consumers are by challenging the validity of arbitration agreements through the undue influence doctrine and by establishing a more consumer-friendly arbitration body. Paper Type: Research Article
E-commerce platform market share measurement mechanisms in Indonesian competition law: The urgency in digital era Reni Budi Setianingrum; Muhammad Annas
Jurnal Hukum Novelty Vol. 17 No. 1 (2026)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v17i1.30563

Abstract

Introduction to the Problem: Nowadays, Indonesia is the largest online shopping market in Southeast Asia, which is dominated by the two largest e-commerce platforms, namely Shopee and Tokopedia. The current concern is the emergence of market domination which could result in abuse of dominant position in the form of entry barriers for new players to enter and compete. An appropriate market share measurement method will help authorities prevent market dominance abuse and enforce competition law by imposing appropriate sanctions in the e-commerce sector Purpose/Study Objectives: This research aims to analyze the practice for measuring market share in the e-commerce sector regulated by the Indonesian Competition Commission (ICC) by taking lessons from the European Union Competition Law. Design/Methodology/Approach: This research is normative juridical research using a conceptual approach, statutory approach and comparative approach with an analytical descriptive method. Findings: ICC, as the enforcer of competition law in Indonesia, still uses the traditional market measurement method, namely the SSNIP test, which is considered no longer relevant to the digital economy market and has not implemented a special approach for measuring digital market share, including e-commerce. This study introduces a novel, context-specific framework for assessing digital market dominance in Indonesia by adapting the European Union’s SSNDQ principle, an approach that has not previously been applied within the Indonesian competition law regime. Paper Type: Research Article
Judicial divergence in enforcing annulled arbitral awards under the New York Convention 1958 Iyllyana Che Rosli; Tengku Chik Abu Bakar Tengku Ibrahim; Norhasliza Ghapa; Murshamshul Kamariah Musa; Asril Amirul Zakariah
Jurnal Hukum Novelty Vol. 17 No. 1 (2026)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v17i1.30761

Abstract

Introduction to the Problem: The enforcement of annulled foreign arbitral awards under the New York Convention 1958 (NYC 1958) presents a complex legal challenge due to the Convention's Contracting States’ divergence approach on its interpretation. Purpose/Study Objectives: The paper attempts to assess the extent of enforcement of awards vacated by its supervisory seat and to propose a harmonised interpretive method that is align with the goal or NYC 1958 while maintaining the diversity of national laws on the enforcement of annulled foreign awards. Design/Methodology/Approach: This paper adopts a doctrinal and comparative legal methodology. The doctrinal analysis analyses statutory frameworks and judicial reasoning underlying the territorialist, delocalised, and assessment approaches, while the comparative method examines how these models are applied across different jurisdictions. Findings: The territorialist approach, adopted by German courts, refuses to enforce awards vacated by its supervisory seat. The delocalised approach, adopted by French courts, supports enforcement by invoking Article VII and applying domestic law. The assessment approach, seen in Dutch, US, and English courts, involves evaluating annulment reasons on a case-by-case basis. This paper argues that the lack of harmonisation in the application of Article V (1) (e) results in divergent judicial practices. The Maximov’s case illustrates this divergence: French courts enforced the award, Dutch courts upheld enforcement after assessment, and the London High Court dismissed enforcement, requiring substantial proof of bias in annulment. The findings reveal inconsistencies in how Article V (1) (e) is applied, emphasising the need for clearer international guidelines to promote uniformity and predictability in the enforcement of annulled arbitral awards. This paper contributes to the existing literature by proposing an assessment-based framework, supported by clearer and more transparent criteria, to guide courts in evaluating annulments on their merits while preserving respect for the seat court’s decisions, when deciding on the enforcement of annulled awards. Paper Type: Research Article
Women's right to the throne: A comparison between the Sultanates of Yogyakarta and Brunei Darussalam Asmorojati, Anom Wahyu; Immawan Wahyudi; Rahmat Muhajir Nugroho; Rofi Aulia Rahman
Jurnal Hukum Novelty Vol. 17 No. 1 (2026)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v17i1.31186

Abstract

Introduction to the Problem: This article examines the issue of gender inequality in royal succession by comparing women's right to ascend the throne in the Sultanate of Yogyakarta and in Brunei Darussalam. While Yogyakarta has begun to open up the discourse on women's succession through the King's Word and constitutional interpretation, Brunei explicitly restricts succession to male heirs under its constitution. Purpose/Study Objectives: The purpose of this article is to analyze and compare the position and rights of women in royal succession within the Sultanate of Yogyakarta and Brunei Darussalam, to identify the cultural, historical, and religious factors that influence this practice, and to evaluate it in the light of international human rights principles, in particular CEDAW. Design/Methodology/Approach: This research uses normative juridical research methods with a comparative approach, focusing on the analysis of legal texts, constitutional provisions, customary regulations, and international human rights instruments. Findings: The study reveal that although both the Sultanate of Yogyakarta and Brunei Darussalam are rooted in patriarchal traditions of royal succession, they diverge significantly in their capacity for legal and normative adaptation. In Yogyakarta, the combination of Sabda Raja, Dawuh Raja, and Constitutional Court Decision No. 88/PUU-XIV/2016 has created a transformative opening that reinterprets customary law in line with constitutional principles and international human rights norms, thereby enabling the possibility of female succession through an evolving model of adaptive legal pluralism. By contrast, Brunei maintains a structurally closed system in which the constitutional requirement of a male ruler (reinforced by the Melayu Islam Beraja ideology and religious authority) institutionalizes gender exclusion and limits interpretive flexibility. This comparison demonstrates that restrictions on women’s leadership are not inherently derived from Islamic doctrine but are shaped by differing configurations of political authority, legal flexibility, and engagement with international norms, with Yogyakarta illustrating the potential for reform and Brunei reflecting the persistence of entrenched patriarchal governance. Paper Type: Research Article

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