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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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The settlement dispute of Venezuela's referendum on Guyana's indigenous communities' territorial concerns by ICJ Gunawan, Yordan; Syamsudin, Wa Ode Fithrah Az-zalia; Budiman, Arif
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.v15i2.28363

Abstract

Introduction to The Problem: Venezuela held a referendum on December 3, 2023, within its own borders, to address territorial matters with the indigenous communities of Guyana. The referendum was conducted in accordance with the indigenous Pemon community's desire, originating from the Essequibo area of Guyana. Guyana asked the International Court of Justice (ICJ) to block the act of Venezuela, but the voters rejected the ICJ and continued doing the referendum. Purpose/Objective Study: This study aims to examine the settlement dispute, especially between Venezuela and Guyana, through the International Court of Justice (ICJ). Does the ICJ have jurisdiction over the territorial dispute between Venezuela and Guyana, particularly concerning the potential impact of the Venezuela referendum on the land rights and self-determination of indigenous peoples of Guyana? How did the ICJ handle the dispute from the Venezuela referendum, and what legal principles and precedents were used in resolving the territorial dispute? Design/Methodology/Approach: This research adopts a socio-legal approach to analyze the dispute resulting from the Venezuelan referendum regarding the territorial issues of the Indigenous Community of Guyana. Findings: The ICJ thoroughly examined the legality of the 1899 arbitration decision, carefully assessed the established territorial boundaries, and considered the potential harm to the rights and interests of the Guyanese people. These findings underscore the complex interplay between legal principles and practical challenges, highlighting the need for cooperation and diplomacy in effective international dispute resolution. The ICJ holds jurisdiction over the longstanding territorial conflict between Venezuela and Guyana as outlined in the 1966 Geneva Agreement and reinforced by the December 2020 resolution. The court's recent decision to delay Venezuela's planned referendum reflects its recognition of the potential consequences that unilateral actions might have on the land rights and self-determination of Guyana's indigenous communities, emphasizing the court's commitment to balanced and careful adjudication. Paper Type: Research Article
Preventing AI-based phishing crimes across national borders through the reconstruction of personal data protection laws Nurmansyah, Gunsu; Wiranata, I Gede Arya Bagus; Fardiansyah, A. Irzal; Mladenov, Stanislav Vladimirov
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.v15i2.27558

Abstract

Introduction to The Problem: This study focuses on a new form of cybercrime due to advancing technology: AI-based phishing crimes. These crimes involve using artificial intelligence to misuse personal data on digital platforms or applications. Such illicit activities have significant implications and require attention. One significant threat in this context is the rise in AI-based phishing crimes, where attackers use sophisticated AI algorithms to deceive individuals and gain access to their data and information. Establishing solid and comprehensive personal data protection laws is critical to combating AI-based phishing crimes and protecting individuals across national borders. Purpose/Study Objectives: The study's object is cross-border AI-based phishing crimes, a new form of cybercrime due to technological advances. This study aims to analyze the concept of personal data protection in Law Number 27 of 2022 from the perspective of substantive justice and the prevention of AI-based phishing crimes. Design/Methodology/Approach: The author has conducted normative legal research or literature review with a meticulous approach to the principles of criminal law, a comprehensive comparative study of cybercrime law, and an in-depth exploration of the legal history of personal data protection law. Technical analysis, in the form of content analysis, is a series of methods that rigorously analyze the content of all forms of communication, categorizing them into matters related to AI-based cyber phishing, personal data protection regulations, information regulations, and technology. Findings: Law Number 27 of 2022 on Personal Data Protection can prevent phishing crimes through AI by implementing PDP principles adopted from international PDP principles. This can be done by referring to the OECD Guidelines Governing Privacy Protection and Cross-Border Flow of Personal Data and the data protection regulations in Indonesia. Paper Type: Research Article
Data theft and the law on protection of personal data: A thematic analysis Asmadi, Erwin; Mansar, Adi; Eddy, Triono; Dewata, Mukti Fajar Nur; Wajdi, Farid; Ghapa, Norhasliza binti
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.v15i2.27661

Abstract

Introduction to the Problem: Data theft and leakage have severe consequences and can harm individuals, organizations, and society. Such problems also frequently occur in Indonesia massively. Purpose/Study Objectives: This study aims to analyze the efficacy of legal measures, particularly Law Number 27 of 2022, in addressing these issues and explores challenges hindering effective enforcement. Design/Methodology/Approach: This study employs a qualitative approach, specifically thematic analysis, to examine the legal landscape of personal data protection in Indonesia, utilizing Law Number 27 of 2022 as the primary document for analysis. The data was then transferred to Nvivo 12 Plus for coding, classification, and coding based on units of analysis, including theme identification and text search to find words, phrases, or text patterns. Findings: The study reveals that substantial steps, including the enactment of the Personal Data Protection law, have been taken to address data theft in Indonesia. The law establishes criminal consequences, encompassing imprisonment, fines, restitution, or a combination thereof. However, despite these measures, challenges persist, including limited law enforcement capacity, insufficient awareness of data protection, constrained inter-agency cooperation, and the swift pace of technological advancements. Furthermore, issues such as limited digital evidence, sluggish legal processes, low reporting rates, ineffective penalties, and difficulties in enforcing laws in cyberspace compound the challenges faced by law enforcement in Indonesia. Paper Type: Research Article
Legal frontiers in the war against money laundering: A doctrinal examination of global approaches Anggriawan, Rizaldy; Susila, Muh Endriyo
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.v15i2.27853

Abstract

Introduction to the Problem: Black money has a detrimental impact on a nation's macroeconomic and microeconomic, financial system, and international markets. The first idea to surface in the international literature when looking at the historical evolution of black money is money laundering. Criminal organizations employ various tactics to launder illicit funds, aiming to prevent the confiscation of the proceeds of their criminal activities. Purpose/Objective of Study: This research delves into international perspectives on countering money laundering, a growing concern that poses threats to the security and stability of nations worldwide, and causes economic uncertainty. The study also investigates the progress and regulations surrounding this matter, along with the efforts of international organizations. Design/Methodology/Approach: The research used doctrinal legal research with employing statutory and conceptual approaches. Findings: This legal research underscores the importance of countries revisiting their domestic legal frameworks in light of the current scenario. The research stresses the importance of global cooperation between countries in effectively addressing money laundering. It urges nations to establish bilateral agreements to enable a seamless flow of information for this purpose. Paper Type: Research Article
Revitalization of Indonesian criminal law through the acknowledgment of living law: An investigation of the Sigajang Laleng Lipa’ customary law Harefa, Beniharmoni; Fernando, Zico Junius; Maharani, Asari Suci; Anditya, Ariesta Wibisono; Humana, Sri
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.v15i2.28234

Abstract

Introduction to the Problem: The research article examines the Sigajang Laleng Lipa’ tradition in South Sulawesi’s Bugis community as a "living law" under Indonesia's new criminal code, specifically Article 2. The tradition’s violent nature, often leading to fatal outcomes, may conflict with principles in the updated code. Purpose/Study Objectives: The primary objective of this study is to conduct an analysis of criminal law regulations in Indonesia regarding the Sigajang Laleng Lipa’ tradition and assess its alignment with Article 2 of the new Indonesian Criminal Code. The study aims to understand whether this traditional conflict resolution mechanism meets the legal standards set out in the new code, especially concerning the concept of living law. Design/Methodology/Approach: This research employs a normative juridical method with a statutory and conceptual approach to legal recognition in Indonesian criminal law. Secondary data, gathered through literature sources like books and journals, facilitates an in-depth examination of the Sigajang Laleng Lipa’ tradition and the Indonesian criminal code. The doctrine of proportionality guides this study, emphasizing that punishment should match the crime to ensure justice and prevent excessive penalties. Findings: The findings reveal that the Sigajang Laleng Lipa’ tradition, despite its historical and cultural significance in the Bugis community, involves violent practices that have led to fatal consequences. Moreover, it is observed that this tradition does not fulfil the criteria set forth in Article 2, Paragraph (2) of the new Criminal Code. This mismatch highlights a significant challenge in incorporating living law traditions into the modern legal framework of Indonesia. Due to its inconsistency with philosophical, juridical, and sociological principles, the tradition cannot be sustained. Consequently, its use as a punitive measure is unjustifiable, as it does not effectively achieve criminal justice objectives and provides minimal social benefit, lacking contribution to crime prevention efforts. Paper Type: Research Article
The right to scientific discovery as an object of legal protection: National and international perspectives Kotenko, Mykola; Dzisiak, Oleg; Tymoshenko, Olga; Zozulya, Evgeniy; Ivanchenko, Eduard
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.v15i2.28434

Abstract

Introduction to the Problem: This article explores the concept of the right to scientific discovery as a fundamental aspect of human rights, examining its legal protection both at the national and international levels. Purpose/Study Objectives: The purpose of this research is to analyze the domestic legal framework for rights to scientific discoveries and characterize foreign approaches to regulating relations related to the implementation and protection of rights to this object of intellectual property. Design/Methodology/Approach: The methodology covers both general scientific and specific legal methods. In particular, the authors used the following methods: analysis and synthesis, formal-legal, comparative-legal, analytical-prognostic, socio-legal research, empirical, and induction methods. By analyzing national laws, international treaties, and case studies, this research provides a comprehensive overview of the legal landscape surrounding the right to scientific discovery. Findings: The right to scientific discovery is a critical aspect of legal protection at both national and international levels. While intellectual property laws provide a primary mechanism for protecting scientific discoveries, broader human rights frameworks and international treaties also play vital roles. Moreover, significant disparities exist between countries regarding access to scientific knowledge and research capacity. Thus, international cooperation and support are crucial to mitigate these imbalances and promote global equity in scientific advancement. Finally, balancing the rights of individual inventors with the public interest, ethical considerations, and global equity remains a complex and ongoing challenge. Paper Type: Research Article
Customary law and justice: Protecting the rights of women victims of sexual violence in Bali Rai Yuliartini, Ni Putu; Sudika Mangku, Dewa Gede; Kbarek, Lukas Norman
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.v15i2.28542

Abstract

Introduction to The Problem: The disparities in societal roles often manifest as systemic inequality, rooted in a patriarchal culture that positions men in a dominant role while undermining the concept of women as equals. Gender-based discrimination is intricately woven into the fabric of society, perpetuated through entrenched social customs, traditions, child-rearing practices, educational systems, and the differentiation of social responsibilities assigned to men and women. Purpose/Objective of Study: This study aims to investigate and critically analyze the characteristics of sexual violence experienced by women within Bali's customary law communities, with a focus on mechanisms for restoring legal capacity. It further explores the interplay between statutory regulations and customary practices to enhance equitable legal protections for victims of sexual harassment. Design/Methodology/Approach: This study applies a sociolegal approach, combining statutory, comparative, conceptual, and sociological methods. Primary and secondary data were analyzed using legal hermeneutics, interpreting regulations within their context to examine the rights of women victims of sexual violence. The research highlights justice and cohesion within customary law communities in the fulfillment of these rights. Findings: First, the forms of sexual violence perpetrated against women within customary law communities in Bali—specifically in the traditional villages of Sudaji, Undisan Kelod, Munti Gunung, and Angantelu—were predominantly instances of rape and familial sexual relations (incest). Second, the findings highlight the integration of statutory regulations with customary law to enhance equitable legal protections for women affected by sexual violence within these communities. This integration focuses on measures for comprehensive restoration, including restitution, compensation, assurances of victim satisfaction, rehabilitation, and guarantees for the prevention of recurrent offences. Paper Type: Research Article
The carbon conundrum: Hopes and hurdles in Indonesia’s OJK-led trading scheme Keumala, Dinda; Sabirin, Ahmad; Nursantih, Nadia; Almadinatulmunawaroh, Elya; Kadir, Anita
Jurnal Hukum Novelty Vol. 16 No. 1 (2025)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v16i1.28639

Abstract

Introduction to the Problem: Indonesia is one of the world's largest carbon emitters and has good potential for carbon trading. However, several aspects of carbon trading in Indonesia still need to be addressed, including difficulties in carbon value, carbon price setting, market monitoring, and carbon trading infrastructure development. Purpose/Objective Study: The research examines Indonesia’s carbon trading challenges and opportunities in the climate change era. Then, what is OJK's role in terms of carbon trading? Design/Methodology/Approach: The research methods used a normative study by looking at carbon emission trading regulations in Indonesia, as well as a systematic literature review involving researching, reading, analyzing, evaluating, and summarizing scholarly literature. Finding: The study reveals that OJK regulates carbon trading through frameworks like Law No. 4 of 2023 and OJK Regulation No. 14 of 2023, enabling carbon units to be traded as securities with a market potential of US$300 billion per year, supported by Indonesia's forests' carbon sequestration. Key challenges include developing carbon trading infrastructure, mastering emission reduction technologies, effective OJK market surveillance, and enhancing public engagement and transparency. Opportunities include economic growth from foreign investment, promoting sustainable development through renewable energy projects, and integrating with the global carbon market. OJK's role is crucial in regulating and supervising carbon trading, developing market infrastructure, ensuring compliance, building participant capacity, aligning with international standards, supporting climate change mitigation, and fostering international partnerships. Thus, OJK is essential for transparent, fair, and compliant carbon trading, addressing challenges, and leveraging opportunities, supporting Indonesia's net-zero emissions target by 2060 and global climate goals. Paper Type: Research Article
Balancing human rights and cybersecurity: Analyzing Indonesia’s legal framework Situmeang, Ampuan; Silviani, Ninne Zahara; Prakasa, Satria Unggul Wicaksana; Tan, David; Febriyani, Emiliya
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.v15i2.28738

Abstract

Introduction to the Problem: Indonesia has been continuously developing its legal framework regarding many aspects of digital spaces, including cybersecurity, in the quest of maximizing the potentials of Industry 4.0. However, this rapid development of legal framework must be analyzed thoroughly to make sure that it’s in line with the principles of human rights. Purpose/Study Objectives: Drawing from international standards of human rights, this research focuses on analyzing the cybersecurity legal framework in Indonesia, and how the laws and regulations related to it fare against international standards of human rights. Design/Methodology/Approach: Using the normative legal research method, this research analyzes secondary data in the form of primary Indonesian and international law sources to evaluate the protection of human rights in the midst of this legal development. Findings: Findings of this research show that the legal framework in Indonesia does leave many rooms for potential human rights abuse, with normative loopholes and underestimation of potential issues regarding the denial of human rights, within digital spaces. Paper Type: Research Article
The law and the agitation for state police in Nigeria: Any point of convergence? Ehirim, Ugochukwu Godspower; Eda, Ogheneosume; Ehirim, Nwanneka Flora; Owoyele, Adeyinka Koiki
Jurnal Hukum Novelty Vol. 16 No. 1 (2025)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v16i1.28861

Abstract

Introduction to the Problem: Every major security breach or threat to lives and property in any federating state of Nigeria renews the agitation for the creation of state police in Nigeria. The unitary command of the Nigeria Police Force (NPF) in a constitutional federalism such as Nigeria can at best be an aberration given the expansive unpoliced spaces within the country with their unavoidable security consequences. Purpose/Study Objectives: This paper makes a constructive appraisal of the policing challenges in Nigeria, identifying the centralised command of the NPF as a major obstacle to effective policing in Nigeria. Design/Methodology/Approach: Adopting the doctrinal research methodology, the paper evaluates the current policing structure and its effectiveness. Findings: The paper finds that there is a need to unbundle the NPF, justifying the desirability for the establishment of autonomous state police as an ingredient of true federalism. It recommends the amendment of Sections 214 and 215(4) of the Constitution of the Federal Republic of Nigeria 1999 (CFRN) to align with the provisions of Section 176 of the CFRN and subsisting case-law authorities. Paper Type: Research Article

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