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.
Articles
226 Documents
<![CDATA[Law Enforcement and Overcoming Violations of Money Politic in General Election: Indonesia's Case ]]>
<![CDATA[Brian Septiadi Daud]]>;
<![CDATA[Bayu Ardian Aminullah]]>;
<![CDATA[Nyoman Serikat Putra Jaya]]>
<![CDATA[ Jurnal Hukum Novelty Vol 11, No 2 (2020) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v11i2.a15146
<![CDATA[Introduction to The Problem: The election is a way to choose leaders in both the legislative and executive fields. An election mechanism is also a form of power distribution and its limitation, so elections are an important activity for national development. Through this election, there are evil sparks that can be lit by those who have an evil character; one of these sparks is money politics. Therefore, the implementation of elections required law enforcement agencies to deal with election violations and election disputes under applicable rules.Purpose/Objective Study: The purpose of this study is to find out how law enforcement in violations of money politics in Indonesia and how to deal with its violations.Design/Methodology/Approach: This article is a doctrinal one and using normative legal research methods with a statutory approach. The statutory course referred to is an approach based on legal reviewers related to the problem being discussed.Findings: In this study, the authors found that law enforcement of money politics in general elections in Indonesia must be based on established conditions. Such conditions are like implementing the regulations and force them to be implemented right away. Efforts that must be made in overcoming this violation in general elections in Indonesia are by making pre-eventive efforts. These efforts address election violations from the preparation step until the election implementation step. The second act is preventive actions, namely prevention efforts or non-penal measures before election crime. The third is a repressive effort that deals with corruption and focuses on the nature of the action, eradication, or suppression after the crime.Paper Type: Research Article]]>
<![CDATA[Democratization of Legislative Prospective Candidate Selection: Urgency and Its Parameters ]]>
<![CDATA[Jamaludin Ghafur]]>
<![CDATA[ Jurnal Hukum Novelty Vol 12, No 1 (2021) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v12i01.a17036
<![CDATA[Introduction to The Problem: One of the most important functions of political parties in a representative democracy is to recruit or select candidates for public officials. One of which is the selection of legislative candidates. Through this function, political parties will determine whether a person has the quality and capacity to be a member of representative and carry out his role well. Article 241 of Law Number 7 of 2017 concerning General Elections mandates that political parties in selecting candidates must be democratically and openly. But, the criteria of democratic selection is not rigidly regulated because they are fully submitted to be regulated in the internal regulations of political parties.Purpose/Objective Study: This article aims to analyze the urgency of the process of selecting legislative prospective candidate democratically and to find several parameters for the democratic selection of legislative prospective candidate.Design/Methodology/Approach: This is a normative legal research. The research sources consist of primary law and secondary law. It will also use non-legal material sources. Data collection is carried out through literature study.Findings: The results of the research are: First, the urgency of the selection of candidates to be democratically because this mechanism promises some benefits for the societies, political parties, and the quality of democracy in general, i.e: The democratic process of selecting candidates is directly proportional to the satisfaction of the wider community towards the democratic system itself; and tending to produce competent and desired candidates by the public, as well as adopting more responsive policies. Second, the parameters or indicators that can be used as guidelines to determine the democratic selection of candidates will consist of 4 (four) indicators, that are: (1) Candidacy; (2) Selectorates; (3) The level of centralization/ decentralization of selection; and (4) How are candidates nominated?Paper Type: Research Article]]>
<![CDATA[An Analysis of Dispute Resolution Mechanisms in the Islamic Banking and Finance Industry in Malaysia ]]>
<![CDATA[Aishat Abdul-Qadir Zubair]]>
<![CDATA[ Jurnal Hukum Novelty Vol 11, No 2 (2020) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v11i2.a16465
<![CDATA[Introduction to The Problem: With the increasing boost to the Malaysian Islamic finance industry and the sophistication experienced in the industry with regards to product development, there is a substantial downside of such enviable achievements, which is the gradual surge in the number of disputes involving Sharia-compliant transactions. It is therefore important to analyse the existing dispute resolution mechanisms in the Islamic finance industry in Malaysia.Purpose/Objective Study: The article aims to analyse the court system as a dispute resolution mechanism as well as the other alternative dispute resolution mechanisms available to parties in resolving the dispute in the Islamic banking and finance industry in Malaysia. Design/Methodology/Approach: This study adopts a doctrinal legal method in examining the relevant Islamic dispute resolution mechanisms that are unique to Islamic finance disputes.Findings: The findings of this research reveal that some issues are causing untold hardships on parties in Islamic finance contractual disputes with the present jurisdiction of the courts in Malaysia. It is in line with the hypothesis of the research that the continued preference for litigation as a means of settling disputes in the Islamic finance industry is not sustainable due to the paradigm shift in dispute resolution involving financial matters globally.Paper Type: Research Article]]>
<![CDATA[Legal Issues in Implementing E-Commerce in GCC Countries from the Perspective of Financial Managers ]]>
<![CDATA[Omar Masood]]>;
<![CDATA[Kiran Javaria]]>
<![CDATA[ Jurnal Hukum Novelty Vol 12, No 1 (2021) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v12i01.a16808
<![CDATA[Introduction to The Problem: This study explains the concept of legal risk in marketing in e-commerce world as there is currently insufficient research studies on the concept despite its critical importance in influencing the behaviour of consumers.Purpose/Objective Study: The problem statement/purpose of study is to explain that what are the different barriers faced by financial managers during an uncertain and legal risky situation.Design/Methodology/Approach: The study utilizes both primary and secondary data from Gulf Cooperation Council (GCC) countries in order to get reliable results. There are different risk factors that affect the purchasing behaviour of consumers who shop online. The consumer’s perception of risk may be the result of all the emotional processes through which consumers recognize, organize and provide meaning to sensations received, such as the need for product quality, safety online and overall satisfaction. The primary data consists of a survey of online shoppers. The research data and questionnaire were administered to 972 GCC internet users who are classed as experienced and avid users. The secondary data includes an analysis of the various theories of consumer behaviour, models of online adoption, legal risk factors to marketing and shopping online, models of the adoption of innovation and new ways of marketing and trade. Both techniques are utilized to examine the relationship between perceived risk strategies and customer satisfaction as well as examined the customer involvement and propensity to take risk on existing relation of online shopping.Findings: According to study results, legal risk is very important in GCC countries which ultimately influence the customer involvement, satisfaction and purchasing behaviour. GCC countries should attempts to create a coherent legal and regulatory framework (like Lessons can be learnt from the EU). It will help to reduce the legal risk and remove the obstacles to the growth of e-commerce in GCC countries by affirming a certain level of transparency by imposing prior information requirements for electronic contracts, as well as regulating commercial communication and advertisements and regulating consumers' technical errors.Paper Type: Research Article]]>
<![CDATA[The Intersection of Criminal Law, Technology and Business Commercial Law on Carding as Cyber Fraud ]]>
<![CDATA[Ridwan Arifin]]>;
<![CDATA[Hartini Atikasari]]>;
<![CDATA[Waspiah Waspiah]]>
<![CDATA[ Jurnal Hukum Novelty Vol 11, No 2 (2020) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v11i2.a15700
<![CDATA[Introduction to The Problem: Â Since digital reform, business and trade sectors have begun to expand their network in cyberspace. Transactions carried out also no longer refer to ordinary things. The modern era of society indeed prefers a more efficient payment process, namely through a credit card. On the other hand, the advancement of digital technology also provides opportunities for perpetrators of crime in cyberspace. The fraud, which was initially carried out with the objects of written reports, began to move lanes towards data manipulation in the form of carding.Purpose/Objective Study: This paper is intended to analyze and examine carding as cyber fraud in three legal studies: criminal law, business, and commercial law, and transnational criminal law. This study illuminates the intersection between criminal law, business and commercial law, law and technology, and international criminal law in carding cases.Design/Methodology/Approach: The paper is normative legal research using a comparative approach and regulations related to carding and cyber fraud.Findings: The study highlighted that carding as a manifestation of cyber fraud is also a transnational crime, which involves networks or groups across national borders to carry out certain illegal businesses or activities. Included in this case is the data theft on credit cards. Of course, this has resulted in a shift of public trust towards the credit card provider sector, namely banks, so that there is a need to strengthen the juridical pathway nationally and internationally.Paper Type: General Review]]>
<![CDATA[The Policy on the Determination of Top-Up Fee of E-Money ]]>
<![CDATA[Fadia Fitriyanti]]>;
<![CDATA[Muhammad Arif Hartavian]]>
<![CDATA[ Jurnal Hukum Novelty Vol 12, No 1 (2021) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v12i01.a17167
<![CDATA[Introduction to The Problem: Bank Indonesia (BI) has determined the top-up fee of e-money in the Board Governor Member Regulation Number 19/8/PADG/2017 on the National Payment Gateway. This regulation is contrary to article 2 paragraphs 2, article 23 paragraph 1, article 33 paragraph 2 Law Number 7 of 2011 concerning Currency expressly regulates that every person is prohibited from refusing to accept rupiah. Aside from that, the regulation has the potential to cause injustice and discrimination for consumers.Purpose/Objective Study: This research aims to analyze whether Bank Indonesia actions determine the top-up fee in the form of the Board Governor Member Regulation Number 19/8/PADG/2017 on the National Payment Gateway are in line with its duties and authorities.Design/Methodology/Approach: This research uses the normative legal research type with the statute approach to research the Legislation that regulates Bank Indonesia authority regarding the policy on a top-up fee issued by Bank Indonesia supervision on implementing its policy.Findings: The research concluded that there is an inconsistency authority between Bank Indonesia and Financial Service Authority. Bank Indonesia is authorized to regulate the top-up fee of e-money to ensure consumer protection and the payment systems smoothness. Moreover, the supervision regarding the e-money top-up fee was in the hand of Bank Indonesia. However, when the consumer suffered loss because of the e-money organizers fault, the Financial Service Authority could take the lead to facilitate the customers complaint.Paper Type: Research Article.]]>
<![CDATA[Justifications of Intellectual Property Rights: A Discussion on Locke and Hegel's Theories ]]>
<![CDATA[Muhamad Helmi Muhamad Khair]]>;
<![CDATA[Haswira Nor Mohamad Hashim]]>
<![CDATA[ Jurnal Hukum Novelty Vol 11, No 2 (2020) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v11i2.a16595
<![CDATA[Introduction to The Problem: At its core, Locke’s main argument is centralised in the role of labour, while Hegel’s principal idea lies in one’s will, self-actualisation as well as personal expression. As both thinkers posit strong arguments in substantiating their views, discussions surrounding this topic may influence one to favour a particular theory over the other.Purpose/Objective Study: This paper makes a modest attempt to discuss the justifications of intellectual property rights by focusing on two well-known philosophers, John Locke and G.W.F Hegel.Design/Methodology/Approach: The research design is exploratory as this paper aspires to explore the basis for the grant of intellectual property rights from the lenses of both theories. Therefore, the research methodology is purely doctrinal and theoretical. The research approach is mainly based on library research, focusing on a reading and analysis of Locke and Hegel’s published works, as well as other materials such as journal articles, commentaries, and textbooks.Findings: This article contributes to the existing body of knowledge by highlighting that neither Locke nor Hegel could provide one-fit-for-all justifications of intellectual property rights. Nevertheless, it is worth stating that both philosophers do contribute thoughtful insights that reflect important values worthy of considerations and should never be undermined when framing policies and laws on intellectual property rights.Paper Type: General Review]]>
<![CDATA[Indonesian Online Shopping Practices in the COVID-19 Pandemic Era: A Study of Culture and Cyber Security Law ]]>
<![CDATA[Radius Setiyawan]]>;
<![CDATA[Satria Unggul Wicaksana Prakasa]]>
<![CDATA[ Jurnal Hukum Novelty Vol 12, No 1 (2021) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v12i01.a16944
<![CDATA[Introduction to the Problems: The condition during COVID-19 that made people doing more activities at home drove the increase in spending intensity. This condition referred to a new normal. Online shopping has long been a habit for some people because of the convenience provided. In conditions of increasing online shopping activities certainly have implications for the community—online shopping practices of Indonesian people in the Covid-19 pandemic era, with an approach and cybersecurity.Purpose/ Objective Study: This research aims to examine the relationship between online shopping practices of the Indonesian people in the Covid-19 pandemic era.Design/Methodology/Approach: With an approach to the study of culture and cybersecurity, with integration between culture studies, economy, and digital law studies.Findings: This research finds that massive online shopping practices in Indonesia have implications for social vulnerability. In a cultural context, people could get caught up in alienation. Online shopping activities as productive work (work to make commodities) alienate humans, four sides humans from themselves, productive work objects (instruments and productive work objects), and products consumed. While in the context of security, there was a risk of using misused personal data. It was necessary to ratify the Law of Personal Data Security as a legal regulation mechanism for sanctions for the data privacy misused in.Paper Types: Research article]]>
<![CDATA[Deed of Settlement as A Dispute Object based on HIR and Supreme Court Regulation No. 1/2016 ]]>
<![CDATA[Hazar Kusmayanti]]>;
<![CDATA[Lucky Dharmawan]]>
<![CDATA[ Jurnal Hukum Novelty Vol 11, No 2 (2020) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v11i2.a16092
<![CDATA[Introduction to The Problem: It is uncommon for a case that has been decided by a judge and has the legal force to be retained and then brought back to Court by one party for a lawsuit. This kind of case contradicts the principles and applicable law, such as the case that the researcher found in Case No. 22/Pdt.G/2016/PN. Sal.Purpose/Objective Study: This paper intends to discuss the legal problem of the re-submission of the deed of settlement as the object of a breach.Design/Methodology/Approach: This research is doctrinal legal research. The data are secondary data which analyzed qualitatively. Following the approach method used, the study is conducted on norms and principles contained in secondary data, from the primary, secondary, and tertiary legal materialsFindings: The results of the study show that, first, deed of settlement cannot be an object of default because it has been inkracht. Secondly, Salatiga court judges did not consider the principle of ne bis in idem under Article 10 (1) The Judicial Power Act. The president of judges shall be able to carry out the role or power under Article 119 of the HIR, which is to provide advice to those who wish to file a lawsuit.Paper Type: Research Article.]]>
<![CDATA[The Health Services Legal Problems of In Vitro Fertilization (IVF) Program Patients in Indonesia ]]>
<![CDATA[Edi As'adi]]>;
<![CDATA[Norma Sari]]>
<![CDATA[ Jurnal Hukum Novelty Vol 12, No 1 (2021) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v12i01.a18093
<![CDATA[Introduction to The Problem: Every married couple expects children that the Constitution guarantees. However, the difficulty of having a child tends to be a problem in maintaining married life. Some couples decide to have a child by undergoing In Vitro Fertilization (IVF) Program. The arising problems are on how the current regulation of the IVF program and how to fulfil the rights of IVF program patients from consumer protection law.Purpose/Objective Study: This article focus on the problem of health services for IVF program patients based on the values of justice on the ground of consumer protection law in Indonesia.Design/Methodology/Approach: This study is socio-legal research. However, to support the validity of research, an empirical approach is critical to do-furthermore, where data obtained through interviews based on the researcher’s own experience.Findings: IVF program agreement between the IVF clinic and patients is a law based on Article 1338 of the Indonesian Civil Code. Even so, the research validation was still carried out with the support of an empirical approach. The results of this research are that the current IVF program has not been able to protect its patients’ rights. Patients’ position tends to be weak compared to the clinic or IVF hospital; the concept of the IVF program implementation agreement does not protect patient rights. In the future, attempts to protect IVF patients’ rights need an integrated and comprehensive regulation from the philosophical, juridical, and sociological basis to its practical implementation.]]>
