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[The Displacement of the Law by Technicity ]]>
<![CDATA[Stefan Koos]]>
<![CDATA[ Jurnal Hukum Novelty Vol 13, No 1 (2022) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v13i1.a23822
<![CDATA[Introduction to The Problem: Trust towards the legal system and interpersonal trust might lose significance and be increasingly replaced by technical determinacy following the loss of state sovereignty as a result of the deterritorialization of the law in the technical globalized world. The future evolution of artificial intelligence and digitalization may provide instruments to displace law as a social control instrument and at the same time reduce the human factor in the law.Purpose/Objective Study: This paper is describing the connection between the ubiquity of the internet and the rise of disruptive technologies. It asks for the future role of the ethic in the legal system in a technologized society.Paper Type: General Review]]>
<![CDATA[Legal Consistency of Health Personnel in Making Medical Records ]]>
<![CDATA[Ambar Dwi Erawati]]>;
<![CDATA[Seyed Mohammad Asadinejad]]>;
<![CDATA[Seyedeh Maryam Asadinejad]]>
<![CDATA[ Jurnal Hukum Novelty Vol 13, No 2 (2022) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v13i2.a23592
<![CDATA[Introduction to The Problem: Medical record is a record or document containing patient identity, examination, treatment, action and other services that must be made by health workers, but not 100% complete medical records. Currently, when talking about medical records, doctors always think, while in the law on health workers, medical records must be made by health workersPurpose/Objective Study: to find out the legal certainty of health workers in making medical recordsDesign/Methodology/Approach: This research is normative with deductive research analysis.Findings: the results of patient records carried out by the medical profession are called medical records, patient records carried out by nurses are called nursing care documentation and patient records carried out by midwives are called midwifery care documentation. Doctors who do not make medical records can get criminal sanctions, while nurses and midwives if they do not do documentation of care will get administrative sanctions.Paper Type: Research Article]]>
<![CDATA[Anticipation of the ITE Law and Reconciliation of Its Forms Freedom of Expression through the E-Hights Website ]]>
<![CDATA[Wita Setyaningrum]]>;
<![CDATA[Aimee Cepee Morana]]>;
<![CDATA[Khusnul Nur Vaizi]]>;
<![CDATA[Retno Damarina]]>;
<![CDATA[Son Ali Akbar]]>;
<![CDATA[Sakti Oktasari]]>
<![CDATA[ Jurnal Hukum Novelty Vol 13, No 2 (2022) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v13i2.a23799
<![CDATA[Introduction to The Problem: Misinterpretation in the application of the Electronic Information and Transaction Law (ITE) can reduce democracy and undermine law enforcement in Indonesia. The complexity of the problems related to the Electronic Information and Transaction Law requires solutions to prevent and prevent problems with the Electronic Information and Transaction Law.Departing from the problems posed by the Electronic Information and Transaction Law, Indonesian still need a lot of work to overcome a degrading freedom of expression. We proposed the renewal by making a conceptual design and prototype, namely the E-Hights (Electronic Human Rights) application to overcome those problems.Purpose/Objective Study: This study is to examine the relationship between the constitution and laws and regulations governing freedom of expression through social media, as well as to examine how the use of a website-based application called E-Hights (Electronic Human Rights) guarantees the implementation of this freedom. expression while minimizing violations of laws governing electronic information and transactions.Design/Methodology/Approach: This research is normative legal research supported by secondary data in the form of primary and secondary legal materials.Findings: There are not a few problems in the implementation of the Electronic Information and Transaction Law, the existence of a rubber article in the Electronic Information and Transaction Law which creates multiple interpretations in law enforcement in Indonesia. This multi-interpretation rubber article has an impact on people's freedom of expression. According to research by the Indonesian Judicial Research Institute, the Electronic Information and Transaction Law is a tool to silence freedom of expression. Thus, this can affect democracy in Indonesia, or it could be said that the Electronic Information and Transaction Law makes people afraid to voice their aspirations to the special government. Therefore, the authors offer a solution that is realized in a web-based application.Paper Type: Research Article or General Review.]]>
<![CDATA[Implementation of Hardship Principles on Financing Agreements Islamic Bank Due to Corona Virus Disease 2019 ]]>
<![CDATA[Ashar Sinilele]]>;
<![CDATA[Suriyadi Suriyadi]]>;
<![CDATA[Syahrul Alim]]>
<![CDATA[ Jurnal Hukum Novelty Vol 13, No 2 (2022) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v13i2.a22274
<![CDATA[Introduction to The Problem: This research analyzes covid-19, designated a disaster by the Indonesian government, especially its correlation to finance agreements in Islamic banks. The determination of disaster raises the question of whether covid-19 is a force majeure or hardship. According to Financial Service Authority (OJK), non-performing financing in Islamic banks is increased. Implementation of Force majeure principle to finance agreement in Islamic bank as a government policy is not right decision.Purpose/Objective Study: this legal research aims to analyze the effects of the coronavirus disease 2019 on finance agreements in Islamic banks and how is the implementation due covid-19 to renegotiation of finance agreement force majeure principle or hardship principle.Design/Methodology/Approach: This legal research is a normative legal study with two approaches: statute and conceptual approaches. Primary sources from Finance agreements in Islamic banks and statutes/rules. Secondary sources are books, journals, research, and dictionary. The legal analysis is carried out by classification of primary and secondary sources using the statute and conceptual approaches.Findings: The spread of the covid-19 virus has had many impacts on the ability of Islamic bank debtors to carry out their achievements due to the difficult conditions experienced due to restrictions by the government. The determination of the status of covid-19 as a disaster has implications for the occurrence of forced circumstances, so it is necessary to make adjustments to the situation based on the principle of hardship for financing agreements with Islamic banks. The occurrence of hardship for sharia bank customers provides an opportunity for customers to apply for contract renegotiation in the context of adjusting problematic contracts in the form of rescheduling, reconditioning, or restructuringPaper Type: Research Article]]>
<![CDATA[UN Palermo Protocol's Implementation on the Legal Protection of Street Children Trafficked in Indonesia ]]>
<![CDATA[Yordan Gunawan]]>;
<![CDATA[Amarta Yasyhini Ilka Haque]]>;
<![CDATA[Moli Aya Mina Rahma]]>;
<![CDATA[Nazella Jeanny Andrian]]>
<![CDATA[ Jurnal Hukum Novelty Vol 13, No 2 (2022) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v13i2.a20653
<![CDATA[Introduction to The Problem: As one of the countries which ratified the UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons, especially Women and Children, Indonesia recognizes the protection of child trafficking. However, the activity of child trafficking is still rampant throughout Indonesia.Purpose/Objective Study: Hence, this research aims to analyze further the implementation of the UN Palermo Protocol on the legal protection of street children trafficked in Indonesia.Design/Methodology/Approach: The research was normative legal research method or qualitative legal research.Findings: According to the findings of the study, as part of the implementation of the UN Palermo Protocol, Indonesia has made significant efforts to combat human trafficking crime through multilateral agreements and cooperation, the establishment of some related services, and the enactment of numerous legal products. Despite the fact that many efforts have been made by Indonesia to address the crime of child trafficking, the law enforcement on the crime of human trafficking in Indonesia is still inadequate. There are still many children on the street who are victims of human trafficking. As a result, we propose that the government enact a specific law or a special supervision system to combat the trafficking of street children in Indonesia.Paper Type: Research Article]]>
<![CDATA[Principle of Technological Neutrality in Trade Facilitations: A Legal Perspective ]]>
<![CDATA[Ika Riswanti Putranti]]>
<![CDATA[ Jurnal Hukum Novelty Vol 13, No 2 (2022) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v13i2.a23177
<![CDATA[Introduction to The Problem: Electronic and digital trade systems encourage the use of information technology in their services. One of these is the single window. Technology is a neutral aspect of life that can pose significant problems in facilitating trade. These issues stem from the large-scale use of ICT that may cause inefficiency, uncertainty and barriers to trade through discrimination. Regulations related to technology continue to adapt to existing developments so as to ensure a sense of security and legal certainty in the use of technology. The concept of technology neutrality was created by the state to regulate the impartial or neutral use of technology.Purpose/Objective Study: This study aimed to describe the application of the Neutral Technology Principle in Trade Facilitation from a legal perspective and how the concept of neutral technology should be applied in international trade facilitation.Design/Methodology/Approach: The methodology used in this study is legal research with the normative judicial approach.Findings: The Principle of Technological Neutrality can guarantee the implementation of the principles of non-discrimination, efficiency, sustainability, and legal certainty in trade facilitation services.Paper Type: Research Article.]]>
<![CDATA[Responsibility of States About Pandemic COVID-19: International Law Review ]]>
<![CDATA[Satria Unggul Wicaksana Prakasa]]>;
<![CDATA[Lilik Puja Rahayu]]>;
<![CDATA[Abrari Abrari]]>;
<![CDATA[Muallimin Mochammad Sahid]]>;
<![CDATA[Asri Wijayanti]]>
<![CDATA[ Jurnal Hukum Novelty Vol 13, No 2 (2022) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v13i2.a21964
<![CDATA[Introduction to The Problem: This research focused on analyzing responsibility of States about COVID-19 pandemic. The concept of international responsibility could be interpreted as a relation between the state sovereignty in national legal mechanism, and also implementation of the principles of the international law in the other sides to fix it about internationally wrongful act. Especially how states contribution to prevent, vaccines, prosperity/ social aid, and health services for people in its states.Purpose/Objective Study: This research would answer the following questions: (1). How the responsibility of states about COVID-19 pandemic under international law ?; (2). What is the dispute settlement mechanism for the fulfillment of international law? obligations by states?Design/Methodology/Approach: This research used socio-legal studies to identify between political, economy, and law approach to understanding what states responsibility regarding COVID-19 pandemic under international law.Findings: This article argued that strong relations regarding state responsibility in the face of international legal mechanisms, through international cooperation mechanisms as well as diplomatic approaches shall be prioritized, to identification regarding internationally wrongful act. Then the fulfilment of basic rights of citizens during COVID-19 pandemic such as access to health services, vaccines, and socio-economic consequences are responsible for the country. Parties that can sue the state in international liability can be from state actors and non-state actors. China as a based on Covid-19 are spread around the world are bears some international responsibility for the unquantifiable damage sustained as a direct result of the state having failed to contain the virus, and to notify the international community of its existence. Therefore, judicial mechanisms through the UN mechanism or outside the UN Mechanism to dispute settlement mechanism.Paper Type: Research Article]]>
<![CDATA[The Role of Corporations in the Protection of Human Rights During the Covid-19 Pandemic ]]>
<![CDATA[Hijriani Hijriani]]>;
<![CDATA[Rizki Ramadani]]>;
<![CDATA[Muhammad Nadzirin Anshari Nur]]>
<![CDATA[ Jurnal Hukum Novelty Vol 13, No 2 (2022) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v13i2.a23798
<![CDATA[Introduction to The Problem: The essential role of corporations in the economic growth of a country is often accompanied by violations of human rights. In handling COVID-19, there is a tendency to clash between the need to fulfill the right to health and economic recovery, which results in the marginalization of human rights. Corporations still have to take responsibility for respecting human rights because a number of human rights aspects from the perspective of workers are vulnerable to being violated. Purpose/Objective Study: This study addresses the question of what corporations' roles are in protecting and respecting human rights during the pandemic, as well as what steps corporations take to fulfill their human rights responsibilities.Design/Methodology/Approach: This study uses normative legal research methods by collecting primary data to support secondary data. Data was obtained through legislation, library materials, and comparisons of previous research.Findings: Corporations, like the state, bear the same responsibility for respecting and protecting human rights through a series of measurable steps. Corporate responsibility in responding to economic difficulties and the health crisis during the COVID-19 pandemic is carried out by making reasonable efforts to prevent and reduce the impact of COVID-19 on workers' rights, as well as developing internal policies and establishing operational guidelines for respecting human rights in the management of a company.Paper Type: Research Article]]>
<![CDATA[Asymmetric Decentralization in A Unitary State: The Legitimization of The Sultan’s Daughter as The Governor of the Special Region of Yogyakarta ]]>
<![CDATA[Anom Wahyu Asmorojati]]>;
<![CDATA[Suyadi Suyadi]]>;
<![CDATA[King Faisal Sulaiman]]>
<![CDATA[ Jurnal Hukum Novelty Vol 13, No 2 (2022) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v13i2.a24079
<![CDATA[Introduction to The Problem: A unitary state, which democratically runs government, in general rejects a monarchist system. But, Indonesia as a unitary state which applies democracy accepts the Special Region of Yogyakarta has a monarchical system through the application of asymmetric decentralization.Purpose: The aim of this research is to find the pattern of relationships and authority between a democratic unitary state and a monarchist regional government, in particular the Special Region of Yogyakarta.Methodology: This research is normative legal research which analyzes Law No. 13 of 2012 Concerning the Particularity of Yogyakarta, Regulations and Royal Decrees, and Royal Pronouncements.Findings: The research findings show that Indonesia applies asymmetric decentralization to bind a constitutional relationship with the Special Region of Yogyakarta which applies a monarchist system. Indonesia and Yogyakarta’s asymmetric decentralization has a uniqueness over the asymmetric decentralization in federal states, that is by promulgating the Sultan as the governor. Although this promulgation accords with Law No. 13 of 2012 and the Hadiningrat Yogakarta Keraton (Palace) Regulation; however, of late both an internal and external polemic has arisen. This polemic has been triggered by Constitutional Decision No. 88/ PUU-XIV/2016 and Royal Decree and Pronouncement which permits a female Sultan, whereas in the Law of Particularity and Royal Decree confirms the Sultan must be male. This polemic has the potential to give rise to a power struggle within the royal family which has serious implications for the asymmetric democratic system and the constitutional monarchy which to date has been developed by Indonesia and the Special Region of Yogyakarta. For this reason, this research recommends revisions be made to the Royal Decree so that there is gender justice resulting in women being able to have the opportunity to become the sultan. A female sultan can become a new discourse in the legal field and the science of government because it has wide implications for gender, political, and cultural and religious discourses.Paper Type: Research ArticleKeywords: Assymetric decentralization; constitutional monarchy; female sultan; and special region of Yogyakarta]]>
<![CDATA[Business Competition Supervisory Institution: A Comparison between Indonesia and Thailand ]]>
<![CDATA[Ayup Suran Ningsih]]>
<![CDATA[ Jurnal Hukum Novelty Vol 13, No 2 (2022) ]]>
Publisher : <![CDATA[Universitas Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v13i2.a20631
<![CDATA[Introduction to The Problem: Competition is necessary in the business world; business actors are no stranger to competition between business actors in their business activities. It is done solely for profit. Indonesia establishes the Business Competition Supervisory Commission (KPPU) as a form of the state's presence in protecting business actors who have been honest in carrying out their business activities.Purpose/Objective Study: This research aims to conduct comparative research related to the duties and powers of the business competition supervisory institution in Indonesia and Thailand to provide recommendations on issues related to strengthening the role of KPPU in Indonesia.Design/Methodology/Approach: This type of research is empirical legal research. The study employed the primary data through interview with KPPU and data from a literature review and analyzed it through the statue approach.Findings: Based on studying Thai Competition Act and The Thai Fair-Trade Commission (TFTC), the authors conclude that Indonesia Anti-Monopoly Act and Komisi Pengawas Persaingan Usaha (KPPU) are more simply and comprehensive in regulating business competition. Thailand has more than one institutions who handle the business competition, it is impressed more complicated and not integrated.Paper Type: Research Article]]>
