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[Safeguarding the National Airspace of Indonesia under the Framework of International Air Law ]]>
<![CDATA[Harry Purwanto]]>
<![CDATA[ Jurnal Hukum Novelty Vol 12, No 2 (2021) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v12i2.a18528
<![CDATA[Introduction to the Problem: The vast territory of Indonesia requires careful thought in realizing an effective defense system to maintain its territorial integrity and the safety of the nation. To ensure the effectiveness of the country's broad defense system requires great strength, high mobility, and early detection capability. The development of Indonesia's defense force should not merely be oriented towards the land territory, but it must also be optimized towards the country’s sea and air forces.Purpose/Objective Study: This study examines the airspace protection system implemented by Indonesia to protect the security of the country from threats.Methodology: The research design is exploratory as this paper aspires to explore the basis of air defense identification zone.Findings: The Indonesian Government has taken legal measures by regulating restricted airspace, air defense identification zones, as well as identifying types of violations committed by foreign aircraft. Both national and international laws allow Indonesia to establish air defense identification zones.Paper Type: General Review]]>
<![CDATA[Industrial Relations with Specific Time Work Agreements after the Decision of the Constitutional Court of the Republic of Indonesia Number 91/PUU-XVIII/2020 in The Perspective of Legal Justice ]]>
<![CDATA[Fithriatus Shalihah]]>
<![CDATA[ Jurnal Hukum Novelty Vol 13, No 1 (2022) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v13i1.a22545
<![CDATA[Introduction to The Problem: The constitutional court decision No. 91/PUU-XVIII/2020 stated that the establishment of Law No. 11 of 2020 on Job Creation contradicts the 1945 Constitution and is considered conditional unconstitutional. Thus, within two years of Law No. 11 of 2020, its derivative rules are still enforced until there is an improvement. However, two years is a legal certainty, but it is uncertain in the business and industrial worlds.Purpose/Objective Study: This study aims to find out how the effect of the issuance of the Constitutional Court of the Republic of Indonesia No. 91/PUU-XVIII/2020 on the implementation of Law No. 11 of 2020 on the Employment Cluster and its derivative rules and how alternative efforts in creating harmonious industrial relations on the issue of working relations with Specific Time Work Agreements after the constitutional court decision No. 91/PUU-XVIII/2020.Design/Methodology/Approach: The research method used is doctrinal legal research.Findings: This research resulted in a study that the influence of constitutional court decision No. 91/PUU-XVIII/2020 impacts the uncertainty of legal protection guarantees in the business and the industrial world. Because it takes two years to implement the provisions of Law No. 11 of 2020 in the Employment cluster and its derivative rules, namely Government Regulation No. 35 of 2021, the business and the industrial world cannot implement the provisions without any guarantee of sustainable time, and it will lead to injustice in industrial relations. One alternative to continue creating harmonious industrial relations with Specific Time Work Agreements is to return to local wisdom, prioritizing the principle of consensus deliberation that prioritizes the parties' agreement in working relations including the fulfillment of rights in compensation payments when there is a termination of employment.Paper Type: Research Article]]>
<![CDATA[Insider Trading: Law of the Republic of Indonesia Number 8 of 1995 on Capital Market from Typewriters to Digital Era ]]>
<![CDATA[Suwinto Johan]]>;
<![CDATA[Ariawan Ariawan]]>;
<![CDATA[Luo Yuan Yuan]]>
<![CDATA[ Jurnal Hukum Novelty Vol 13, No 1 (2022) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v13i1.a19101
<![CDATA[Introduction to The Problem: Symmetric information is an essential factor in the capital market. Symmetric information will create an efficient capital market. Insider trading is one of the things that makes asymmetric information. The regulations on the capital market determine the criteria for insider trading. Insider trading is people who have non-public information on the company and earn financial benefits from non-public information.Purpose/Objective Study: This research aims to determine the insider trading criteria on the Indonesian Capital Market Law Number 8 of 1995.Design/Methodology/Approach: This research uses the normative juridical method. The study utilizes several cases that occur in countries as a discussion.Findings: This research concludes that the definition of insider trading consists of stakeholders who have interests and non-public information on public companies. The scope of insider trading is also extended to family members of stakeholders. Stakeholders include management, related companies' employees, officials, suppliers, shareholders, and their family members. The definition of family members is the spouse, children, and parents. The definition of insider trading should be extended to the current regulations. The related individuals must carry out the obligation to report share ownership.Paper Type: Research Article]]>
<![CDATA[The Nigerian Criminal Justice and the Belligerence of Blasphemy: Societal, Judicial and Islamic Law Perspectives ]]>
<![CDATA[Saliu Jimoh]]>;
<![CDATA[Abdulwahab D. Shittu]]>;
<![CDATA[Sodiq S. Mustapha]]>
<![CDATA[ Jurnal Hukum Novelty Vol 13, No 1 (2022) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v13i1.a23582
<![CDATA[Introduction to the Problem: Blasphemy in religion undoubtedly jeopardises the universal human right of freedom of religion in any society. Considering that it is ethno-religiously linked and sensitive in multi-religious environments, the offence is proscribed under the Nigerian laws. With the re-emergence of democracy in Nigeria, the Criminal Justice System became expanded with the birth of a fully-fledged Shariah practice in some areas in Nigeria. The recent death sentence passed on a musician, Aminu, for the alleged offence of blasphemy by a Shariah Court in Kano State attracted the attention of the masses, particularly prompting the question of the propriety or otherwise of the punishment.Purpose/Objective Study: This work examined the societal, judicial and Islamic law perspectives on blasphemy with a view to proffering viable options as punishment for the offence.Design/Methodology/Approach: Doctrinal legal research methodology was adopted, and it involves primary sourcing materials from Quran, Sunnah, Acts and Cases. Secondary sources include journal articles, textbooks, official documents online and in newspaper.Findings: The findings revealed that the death penalty for the offence is incompatible with the most convincing opinion of scholars, the reality of Nigeria and the international best practices. It is consequently suggested that offence and punishments for blasphemy should be treated as a ta’zir, and the punishment should be less than death.Paper Type: Research Article]]>
<![CDATA[Legal Protection for Women and Children as Victims of Human Trafficking in Indonesia ]]>
<![CDATA[Ni Putu Rai Yuliartini]]>;
<![CDATA[Ida Bagus Wyasa Putra]]>;
<![CDATA[Gede Marhendra Wija Atmaja]]>;
<![CDATA[Dewa Gede Sudika Mangku]]>
<![CDATA[ Jurnal Hukum Novelty Vol 13, No 1 (2022) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v13i1.a18738
<![CDATA[Introduction to The Problem: The background of this research is the existence of problems related to legal protection policies for women and children who are victims of human trafficking in Indonesia. Based on data from the Ministry of Foreign Affairs, it is known that there were 35 victims of human trafficking in 2010, while in 2011 and 2012, there were 33 people and 92 people, respectively. One of the policies made by the government regarding the above problems is Law Number 21 of 2007 concerning the Eradication of the Crime of Human Trafficking. However, it is found that this law has not been able to reduce human trafficking in Indonesia. In addition, this law is considered ineffective in fulfilling the rights of victims in which the criminal law's provision of protection to victims of human trafficking has not yet produced a clear pattern.Purpose/Objective Study: This study aims to analyze the legal protection for women and children as victims of human trafficking in Indonesia.Design/Methodology/Approach: This research is normative legal research (juridical normative) which uses a statute approach and a conceptual approach related to legal protection for women and children victims of human trafficking in Indonesia. Research results are further associated with the values contained in Human Rights.Findings: Based on the description above, the problems found are as follows: The number of cases of human trafficking in Indonesia continues to increase; Legal protection efforts for women and children victims of human trafficking viewed from a human rights perspective in Indonesia have not been effective; The form of protection for victims of human trafficking by criminal law has not yet shown a clear pattern.Paper Type: Research Article]]>
<![CDATA[Criminalization Based on the Principle of Human Rights Limitation ]]>
<![CDATA[Mahrus Ali]]>;
<![CDATA[Irwan Hafid]]>;
<![CDATA[Kurnia Dewi Anggraeny]]>
<![CDATA[ Jurnal Hukum Novelty Vol 13, No 1 (2022) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v13i1.a23606
<![CDATA[Introduction to The Problem: The use of criminal law to limit the freedom of citizens’ civil rights must be done with caution since it intimately links to the infringement of such rights.Purpose/Objective Study: The present study aims to explore the criteria of criminalization based on the principle of limitations of human rights.Design/Methodology/Approach: This study employed doctrinal legal research using both conceptual and statutory approachesFindings: In the policy formation of illegal acts, the legislator frequently formulates rights constraints. The criminalization criteria specified in the human rights limitation can be used to apply this restriction. Restriction-containing offenses determined by the legislature must be by law, legitimate aim, and necessity in a democratic society. A consistent model of criteria for democratic society demands does not exist. This last criterion is linked to both the proportionality principle in human rights and the concept of criminal law as a last resort.Paper Type: Research Article]]>
<![CDATA[Reposition of Ta’zir and Ta’wid on Moral Hazard Behavior in Islamic Banking in Indonesia ]]>
<![CDATA[Muhammad Ridha Haykal Amal]]>;
<![CDATA[Fauzan Muhammadi]]>
<![CDATA[ Jurnal Hukum Novelty Vol 13, No 1 (2022) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v13i1.a21505
<![CDATA[Introduction to The Problem: The use of ta’zir and ta’wid in dealing with moral hazards in Islamic banking has been legalized through Bank Indonesia Regulation Number 7/46/PBI/2005 and DSN-MUI Fatwa Number 17/DSN-MUI/IX/2000. However, some scholars do not justify these policies because they are contrary to sharia rules.Purpose/Objective: This research aims to reposition ta’zir and ta’wid in dealing with moral hazard behavior. The repositioning in this context is to look for alternative ways to deal with customer moral hazard behavior.Design/Methodology/Approach: This is qualitative research involving secondary data arranged in an inductive-descriptive manner. It is also associated with a case study to obtain a complete picture of ta’zir and ta’wid in preventing moral hazards in Islamic banking. The data collected were analyzed through the stages of (1) data collection, (2) data reduction, (3) data display, and (4) conclusion/verification.Findings: Based on the results, the repositioning of ta’zir and ta’wid is necessary because, presently, its implementation contains elements of usury, which Islam forbids. Therefore, the proposed form enables customers to pay back debt in two or three installments without increasing its value in one payment. This policy enables customers whose late payment is not due to force majeure but an element of intent or bad faith.Paper Type: Research Article ]]>
<![CDATA[Analysis on the Income Tax Compliance Behavior of Muzaki at Lazismu Sragen ]]>
<![CDATA[Arvie Johan]]>;
<![CDATA[Dito Karisma Prasetyo]]>
<![CDATA[ Jurnal Hukum Novelty Vol 13, No 1 (2022) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v13i1.a20316
<![CDATA[Introduction to The Problem: Zakat as a deduction of taxable income has become an issue that has attracted the attention of the public economy. The most obvious thing is that the low realization of zakat collection and tax ratios affect the welfare gap (distribution function) and public services received by the citizens (allocation function). On an extreme scale, non-compliance with zakat and tax may threaten social cohesion and legal authority.Purpose/Objective Study: This study aims to find out how zakat regulation as a deduction of taxable income affects muzaki's behavior to comply or not comply with tax obligations.Design/Methodology/Approach: The research design is empirical legal research with qualitative analysis. The primary source builds on focus group discussions (FGDs). Otherwise, secondary sources are collected through a literature study of primary, secondary, and tertiary legal materials.Findings: Zakat as a deduction of taxable income affects muzaki's behavior to comply with tax obligations. The zakat scheme as a deduction of taxable income greatly influences muzaki's behavior within the level of tax compliance, specifically the level of resistance to tax because the system is considered oppressive, to move up to the level of tax compliance trying to comply but having difficulty understanding tax. This significant change occurs because the Zakat scheme as a deduction of taxable income is able to eliminate the characteristic of “tax is conflicting with zakat” in the level of tax compliance resistance because the system is considered oppressive.Paper Type: Research Article.]]>
<![CDATA[Legal Dialectics: Age Limits for Marriage and Political Rights in Indonesia ]]>
<![CDATA[Sarip Sarip]]>;
<![CDATA[Diana Fitriana]]>;
<![CDATA[Aip Syarifudin]]>;
<![CDATA[Ali Romdoni]]>;
<![CDATA[Multahibun Multahibun]]>
<![CDATA[ Jurnal Hukum Novelty Vol 13, No 1 (2022) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v13i1.a19018
<![CDATA[Introduction: This study aimed to examine the legal dialectic over the age limit for marriage and political rights in Indonesia. It was promoted by a new marriage regulation stipulating the minimum age of nineteen years for men and women. This regulation correlates with the rules containing the minimum age limit, necessitating a further discussion.Objective: Previous studies on the minimum age limit did not focus on the law dialectic.Methodology: There are contradictions between the normative method of law and the idea of legal dialectics. The conclusions were drawn inductively.Findings: There are inequalities in several laws and regulations over the minimum age. The legal products, including a minimum age, are specific to certain laws and actions. The marriage dispensation has broken through higher laws, significantly impacting political rights. Therefore, positive law that ideally becomes a thesis turns into an antithesis due to the dispensation.Paper Type: Research Article]]>
<![CDATA[The Challenge of Local Revenue Enhancement through Boarding House Taxation Policy in Yogyakarta City ]]>
<![CDATA[Fatimah Nuraini]]>;
<![CDATA[Nasrullah Nasrullah]]>;
<![CDATA[Abd Hamid Bin Abd Murad]]>
<![CDATA[ Jurnal Hukum Novelty Vol 13, No 1 (2022) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v13i1.a19741
<![CDATA[Introduction to The Problem: In early 2019, the total data on Building Permits for Boarding Houses in Yogyakarta City reached more than 700 houses, and the local tax revenue for the category Boarding House did not reach 40 homes yearly. The urgency of enforcement of the boarding house tax regulation is relevant to increasing tax compliance rates and local revenue from boarding houses.Objective Study: This study examines the enforcement of the Regional Regulation of Number 1 of 2011 on Local Tax and the obstacles to its implementation using the law system components, the law enforcement factors and the law enforcement elements.Methodology: The data used are primary data and secondary data through a regulatory approach. Data collection uses a structured interview process by interviewing five interviewees who handled the enforcement of boarding house tax rules.Findings: The service quality of tax authority factor, law enforcement officers’ factor, and tax sanctions factor have adjusted the public needs (as a legal benefit) and legal certainty while does not provide justice to the community. Implications of the study for tax policy of the Boarding House category are the imposition of criminal sanctions and administrative sanctions against non-compliance boarding house taxpayers, the coordination between tax authorities and law enforcers to enforce boarding house tax rules, and the development of boarding house tax regulations relating to the tax sanctions theory.Paper Type: Research Article]]>
