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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 226 Documents
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AI in Law: Urgency of the Implementation of Artificial Intelligence on Law Enforcement in Indonesia Hary Abdul Hakim; Chrisna Bagus Edhita Praja; Sung Ming-Hsi
Jurnal Hukum Novelty Vol 14, No 1 (2023)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/novelty.v14i1.a25943

Abstract

Introduction to The Problem: The advancement of Artificial Intelligence (AI) has marked the beginning of an age in digital technology, social economics, human needs, and professional conduct. A previous study shows a significant difference in the level of accuracy between Artificial Intelligence (AI) machines and human advocates in which AI machines turned out to be more accurate than advocates. However, the challenges are related to the inadequacy of laws in responding to the development of AI. Furthermore, Indonesian law enforcement officers lack awareness of the advantages of using AI to support their profession.Purpose/Objective Study: Hence, this study aims to analyze the urgency of implementing AI for law enforcement in providing legal services and the law enforcement process.Design/Methodology/Approach: The method used in this research is normative, empirical research with Statute and Conceptual Approach. Furthermore, the data uses primary and secondary data sources. Primary data was obtained through interviews with law enforcement officials. Meanwhile, secondary data sources are primary and secondary legal materials. Furthermore, it will be analyzed qualitatively and presented descriptively.Findings: Artificial Intelligence (AI) is crucial in assisting in developing services and law enforcement, especially for Indonesian law enforcement, which still relies on manual or conventional means to carry out its duties. Artificial Intelligence (AI) can bring benefits in terms of time efficiency and accuracy in assessing cases urgently needed by law enforcement. In terms of law enforcement's perception of the use of AI, they are placed as assistants who cannot entirely replace the law enforcement profession since Artificial Intelligence (AI) lacks human traits that law enforcement officers must possess.Paper Type: Research Article
Legal Protection of HARA Platform Users on the Service of Electronic Data Interchange Nikmah Mentari; Ninis Nugraheni; Muhammad Annas
Jurnal Hukum Novelty Vol 14, No 1 (2023)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/novelty.v14i1.a25547

Abstract

Introduction to the Problem: The digital era of technology has cut the role of third parties and made it easier for services to be run peer-to-peer; where parties can connect directly at a business scale. Business relations is always accompanied by contracts. However, nowadays conventional contracts have undergone disruption with the existence of blockchain technology. A smart contract is a contract model that uses technology that can execute the contents of the contract automatically. The existence of this technological sophistication also has implications for the exchange of data, particularly personal data. Personal data can be easily accessed through the data exchange process, but it is feared that data misuse will occur. In order to prevent the Electronic Data Interchange of personal data using this technology, data must be protected.Purpose/Objective Study: This study aims to examine the legal protection of users of the HARA platform who use smart contracts in electronic data interchange services.Design/Methodology/Approach: This research is normative juridical research with statutory and conceptual approaches.Findings: In this case, the protection includes preventive and repressive protection. Preventively through legislation with the presence of laws on ITE and laws on Personal Data Protection as well as internal regulation of platform providers, while repressively lawsuits can be carried out through litigation and non-litigation channels.Paper Type: Research Article
Understanding the Place of Islamic Arbitration within the Nigerian Law Kudirat Magaji W. Owolabi
Jurnal Hukum Novelty Vol 14, No 1 (2023)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/novelty.v14i1.a25926

Abstract

Introduction to The Problem: For many years, Nigerian Muslims had long desired a wider use of Shari’ah outside its traditional usage in worship and family relations. This agitation has led to a rise in the use of Shari’ah in commercial transactions and banking and financial products lately. As the use of Shari’ah in this realm of commercial relationships increases, conflict is inevitable and this requires appropriate dispute resolution mechanisms to settle it. Not only that, Muslims in Nigerian wish to observe and be governed by Shari'ah in all aspects of their lives including their commercial dealings, they also desire a resolution of their disputes in accordance with their faiths and beliefs. Thus, the contemporary laws in Nigeria need to be merged with Islamic law principles in order to meet the demands of its citizens.Purpose/Objective Study: This paper aimed to examine the legal status of Islamic arbitration and its awards within the Nigerian legal framework particularly in area of commercial disputes.Design/Methodology/Approach: This paper employed doctrinal methodology of legal research. It therefore adopts descriptive and analytical methods. It involves primary sourcing materials from Quran, Sunnah, Acts and Cases. Secondary sources include journal articles, textbooks, official documents online and internet materials.Findings: This paper revealed that the notion of a tahkim (arbitration) subsists and recognise in the Shari’ah law and in Nigerian legal system. However, provisions of Arbitration and Conciliation Act (ACA) 1988 do not consider the idiosyncrasies of Islamic injunctions, despite growing investors’ interests in Islamic commercial transactions. ACA do not provide a Shari'ah compliant arbitration alternative for both Muslim and non-Muslim parties who are willing to arbitrate under the Islamic law. It is consequently suggested that peculiar nature of the Islamic arbitration and awards should be considered in the ACA and the relevant Sections should be amended accordingly.Paper Type: Research Article
Legal Protection Policy for Obstetricians-Gynecologists in Cases of Maternal, Perinatal, and Neonatal Mortality Arief Budiono; Ayesha Hendriana Ngestiningrum; Dewi Iriani; Abdullah Al Mamun; Rizka Rizka; Marisa Kurnianingsih
Jurnal Hukum Novelty Vol 14, No 1 (2023)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/novelty.v14i1.a25637

Abstract

Introduction to The Problem: Obstetrician-gynecologists (OB-GYNs) must be observant in diagnosing diseases suffered by patients. OB-GYNs who act based on their knowledge can certainly not be blamed if their actions are already according to the procedures. Legal policies protect OB-GYNs in the case of a patient’s death.Purpose/Objective Study: This article aims to analyze the legal protection for OB-GYNs in cases of maternal, perinatal, and neonatal mortalities. Design/Methodology/Approach: This research was a field research with juridical-sociological method conducted in 2021. The researchers conducted interviews with four informants who experienced maternal, perinatal, or neonatal emergencies.Findings: Conditions with a high risk of maternal, perinatal, and neonatal deaths are handled by OB-GYNs. OB-GYNs must be proficient in the standards for obstetric and neonatal emergencies. OB-GYNs who have correctly followed the processes but experienced an accident also have the right to legal protection. In providing health services, OB-GYNs do not only examine the patients, but they also make efforts to recover the patient through treatments. In health law, such efforts of recovery are known as the Therapeutic Agreement. The relationship between obstetricians and patients is bound to a therapeutic transaction. OB-GYNs have the legal obligation to make improvements in their efforts and expertise in healing patients. Legal regulations stipulated in the Indonesian Civil Law are still too general. There  was one case involving dr DASP SpOG and dr HS SpOG, who were sentenced with 10 months in prison because they violated article 39 of the Indonesian Criminal Code because their patient died during the treatment. This case caused unrest among the OB-GYNs. Therefore, there needs to be a law that regulates the relationship between OB-GYNs and their patients. In terms of human rights in Indonesia, this particular healthcare issue is regulated in Law Number 36 of 2009 regarding Health (Indonesian Health Act). Chapter III Article 1 clause (1) and (4) specifially regulate the patients' rights. The legal and ethical responsibilities in health services observe how far the obstetricians' actions have legal implications in cases of errors or negligence in providing health treatments.Paper Type: Research Article
Accelerating Business Law Dynamization through Proposed Amendments to Indonesian Consumer Protection Law Norma Sari
Jurnal Hukum Novelty Vol 14, No 1 (2023)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/novelty.v14i1.a25945

Abstract

Introduction to The Problem: The Consumer Protection Law No. 8 of 1999 which was enacted in 2000 has been in force for over 20 years. The current circumstance in the realm of business law requires more progressive regulations on digital business activities, more efficient dispute resolution, and effective consumer protection due to the rapid technological developments. Hence, the need of an amendment to the current consumer protection law must be examined thoroughly and analyzed deeply.Purpose/Objective Study: This research aims to examine and to present the arguments on several issues in relating to the urgency of amending the Consumer Protection Law No. 8 of 1999 in order to accelerate the dynamization of business law.Design/Methodology/Approach: This is a doctrinal legal research that uses a qualitative approach. In this research, the authors utilized secondary data sourced from literature study on the primary, secondary, and tertiary legal materials. The authors analyzed the data by using Systematic Content Analysis which is frequently used by social scientists to analyze the inteview tranrscripts, literatures, and field notes, among other sources.Findings: The results indicate that there are six noteworthy points regarding the extent of the business entity, standard clauses, data protection, and some issues on a dispute settlement institution. These are sufficient to support in proposing an amendment to the recent Consumer Protection Law.Paper Type: Research Article
Implications of Utilizing Protected Forest Areas for Geothermal Business: A Legal Analysis Suyatna Suyatna; Ahmad Suryono; Ulil Amri; Rifky Leo Argadinata; Amara Diva Abigail
Jurnal Hukum Novelty Vol 14, No 1 (2023)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/novelty.v14i1.a24765

Abstract

Introduction to The Problem: Geothermal as an alternative and renewable energy is mostly located in the forest areas, including protected forests, where the use of forest areas for non-forestry activities is very selective and does not change the function of the forest itself. Geothermal and forestry regulations require synchronization regarding the use of protected forest areas so that they do not cause legal conflicts.Purpose/Objective Study: There are arose problems namely the existence of conflicting norms in regulating the use of protected forest areas for geothermal exploitation, between the Geothermal Law and the Forestry Law in combination with Government Regulation No. 24 of 2010 concerning the Use of Forest Areas and Regulation of the Minister of Environment and Forestry on Leasing of Forest Areas.Design/Methodology/Approach: This research method was normative research, using a statutory approach equipped with a comparative approach.Findings: The research finding was the setting of leasing forest areas for geothermal exploitation was contradictory and did not function to carry out the orders of the Forestry Law. The research implication is that the Government together with the Parliament must put into comprehensive special authorities and regulations related to the management and utilization of energy in forest areas so that there is no overlap and legal uncertainty in the use of forest areas.Paper Type: Research Article
Implementation of Investigative Audit in the Principles of Good Corporate Governance in PT. Garuda Indonesia, Tbk (Persero) Susanto Susanto; Elmer Micu Soriano
Jurnal Hukum Novelty Vol 14, No 1 (2023)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/novelty.v14i1.a23839

Abstract

Introduction to the Problem: This study aims to determine the implementation of investigative audits in accordance with the principles of Good Corporate Governance (GCG) in State-Owned Enterprises (SOEs/Badan Usaha Milik Negara, BUMN) Persero in calculating state losses.Purpose/Objective Study: This study uses a statutory approach and a case approach. The case study is exemplified in the case of PT. Garuda Indonesia (Persero) Tbk (“Garuda Indonesia”). The research specification used is the explanatory legal study which aims to test a theory or hypothesis in order to strengthen or reject the existing theory or hypothesis of the research results.Design/Methodology/Approach: This is a normative juridical research, thus it is necessary to have an approach to the existing problems.Findings: According to the findings of the study, it is shown that by conducting an investigative audit based on the Good Corportate Governance (GCG) principles after the decision No. 425/Pdt.Sus.PKPU/2021/PN.Niaga.Jkt.Pst., Garuda Indonesia can improve its financial management and performance. An investigative audit that is conducted in a transparent, accountable and independent manner will increase public trust in the company and ensure that the company adopts GCG principles in managing its finances.Paper Type: Research Article
Balinese Local Wisdom's Perspective on Legal Protection for Children as Victims and Perpetrators of Sexual Abuse Anak Agung Sagung Laksmi Dewi; Hartini Saripan; I Made Minggu Widyantara; Anak Agung Ngurah Adhi Wibisana
Jurnal Hukum Novelty Vol 14, No 1 (2023)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/novelty.v14i1.a25817

Abstract

Introduction to The Problem: The low quality of child protection based on the perspective of Positive Law in Indonesia has drawn much criticism from various elements of society who seem to prioritize the interests of victims compared to perpetrators of rape. Because without optimal protection, children will only become victims of a society that tends to be patriarchal. Therefore, the concept of restorative justice based on local wisdom is one of the solutions in legal protection for victims and children who commit sexual harassment towards minors who prioritize recovery.Purpose/Objective Study: This study aims to understand, explain, and analyze the existence of legal protection for victims and children who sexually abuse minors from the perspective of Balinese local wisdom.Design/Methodology/Approach: This article is the result of legal research, with statutory approaches, conceptual approaches, and case approaches. The types of legal materials used in this research are primary legal materials, secondary legal materials, and tertiary legal materials.Findings: Legal protection for children based on local wisdom is a form of settlement that can be used against children as victims and children as perpetrators referring to the provisions of Article 1 number 6 of Law No. 11 of 2012 concerning the Juvenile Criminal Justice System. The protection in question is the existence of traditional village institutions in Bali as an effort to protect children.Paper Type: Research Article
Local Examination in Child Custody Disputes: Judges’ Efforts to Find the Best Interests of the Child Bustanul Arifien Rusydi
Jurnal Hukum Novelty Vol 14, No 1 (2023)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/novelty.v14i1.a25563

Abstract

Introduction to The Problem: Implementation of local examinations in the provisions of Article 153 HIR, Article 180 Rbg, and Article 211 Rv is optional. The judge has the authority to determine whether it is necessary or not to carry it out. Generally, local inspections are carried out in civil cases with the object of dispute being land or fixed assets. However, it does not rule out the possibility that local examinations can also be carried out on child custody disputes because there is no limit to certain cases that can be carried out by local examinations. Some cases of child custody, some are examined by carrying out local inspections and some are not.Purpose/Objective Study: This study aims to describe the urgency of local examinations in child custody disputes, especially in ongoing cases and those that have been decided contradictory. Thus, it would exhibit the judges’ efforts in identifying and determining the best interests of the child from the course of the examination process at the trial.Design/Methodology/Approach: This study examines court decisions on child custody cases using a descriptive analysis approach in a qualitative study. This research was conducted on the basis of the efforts of judges to accommodate the interests of all parties so that research data were obtained from civil procedural law regulations, marriage laws, child protection laws, court decision documents, and related scientific journals. Data were analyzed using a normative approachFindings: In the process of proving the trial of child custody disputes, there are differences in the attitude of judges, especially in carrying out local examinations. There are judges who consider it necessary to carry out local examinations and there are also judges who do not. Indeed, in the regulation regarding local examinations it is optional, but in trials that carry out local examinations, the judge gets an important picture of how to determine the best interests of the child whose custody rights are disputed. From the two cases that have been studied, there are two important elements to determine the best interests of the child. First, regarding the significance of the social environment for children, namely regarding the environmental conditions of the father and mother. And second, regarding the significance of the child's will, namely the information obtained by the judge from the process of direct interviews with the child at his place of residence.Paper Type: Research Article
Teseng: Implementation of justice values in profit-sharing agreements based on the local wisdom of the Bugis Makassar community Salle, Salle; Zainuddin, Zainuddin; Aini, Syifa Nur; Buana, Andika Prawira
Jurnal Hukum Novelty Vol. 15 No. 2 (2024)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v15i2.28735

Abstract

Introduction to the Problem: This paper explores the teseng agreements and the Implementation of Justice Values in profit-sharing agreements based on local wisdom of Bugis Makassar Community. The teseng principle is operationalized through the utilization of a streamlined system that adheres to the model established within the Bugis-Makassar community. The community will collaborate with one party as the Pa'bere teseng and the other as the Pa'teseng in this partnership. The legal issue in the research is the implementation of justice values in the teseng agreement. Purpose/Study Objectives: The purpose of this research is to analyse the practice of teseng agreements in Bugis-Makassar community and the implementation of justice values in teseng agreements. This research will provide the parties with a better understanding of the significance of the justice values in the teseng agreement. Design/Methodology/Approach: This study constitutes normative and empirical legal research. The data used in this research is primary data obtained through in-depth interviews with Pa’bere Teseng (landowners or livestock) and Pa’teseng (cultivator or ranchers). Secondary data is used as a complement, namely data collection techniques through literature studies. Findings: Teseng is a mutual agreement that binds two parties - the investor and the cultivator. In the teseng system, the Pa’bere Teseng (landowners or livestock) gives land or livestock animal to Pa’teseng (cultivator or ranchers) and receives a share of the proceeds from his efforts. The teseng agreements is based on trust and agreement between the Pa’bere Teseng and the Pa’teseng. The teseng system reflects the values of justice by eliminating the terms employer and laborer. The Pa’bere Teseng and the Pa’teseng have the same position under the law. This teseng system creates proportional justice, allocating a share to individuals based on their services or contributions. According to the principle of proportional justice, the degree of success achieved by an individual is equivalent to the degree of effort invested in that person. Paper Type: Research Article

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