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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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Hidden tactics: Deposit agreement in debt contracts Novriannisya, Siti; Famauri, Andi Tenri; Basri, Muhammad; Aslam, Jamal; Radzi, Mohd Shahril Nizam MD
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.v16i1.29049

Abstract

Introduction to the Problem: The deposit agreement in the debt agreement, as stated in the receipt, strategically influences the power dynamics between the creditor and the debtor. Often, the practice of such contracts is used to disguise the true intent. The deposit agreement provision behind the debt agreement ensures greater control over the repayment process. In the event of default, the creditor uses the receipt with the deposit clause to report the debtor for embezzlement. Purpose/Study Objectives: This paper analyses the provisions of debt agreements made in deposit receipts to find the best solution for fulfilling a balanced contractual relationship. Design/Methodology/Approach: This research employs a normative juridical approach, focusing on literature reviews, legislative regulations with specific details, and analytical descriptive research. Findings: This research shows that debt and deposit agreements contained in the deed of release of rights are valid and binding for the parties involved as long as no party denies them. However, upon closer examination of the agreement's intent and purpose, it becomes apparent that the agreement can be fabricated and contain invalid reasons. Although the principle of freedom of contract applies to the agreement, it does not mean that you can do it as freely as possible. Criminalizing someone for breaching a contract is not an appropriate course of action. It should be a concern for law enforcement officers unless there is strong evidence that embezzlement or fraud has occurred. Paper Type: Research Article
Legal protections against unfair competition in e-commerce: Analysis of Indonesian and Thailand framework adequacy Sudirman, Lu; Sohheng, Nipon; Agustianto; Agustini, Shenti; Nurlaily
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.v16i1.29157

Abstract

Introduction to the Problem: Unfair competition threatens economic growth and is harder to detect in the digital era. For Indonesia and Thailand, growing digital economies depend on fair online marketplaces, yet these platforms face risks like price manipulation and visibility bias. Addressing these issues is crucial to unlocking their global trade potential. Purpose/Study Objectives: The purpose of this research is to analyze the normative potentials and challenges in enforcing antitrust laws in Indonesian and Thai online marketplaces, particularly in addressing antitrust challenges that are unique to the digital environment. Design/Methodology/Approach: This research utilizes normative legal research method and a comparative legal approach to examine the frameworks for protecting against unfair competition in online marketplaces in Indonesia and Thailand. Findings: Findings of this study highlight that the existing antitrust laws in Indonesia and Thailand are not equipped to address the unique challenges of digital markets, such as algorithm-driven price fixing, product visibility manipulation, and data monopoly. The study proposes a legal framework model focusing on enhancing algorithmic transparency, ensuring search neutrality, establishing robust market monitoring, and integrating data governance with antitrust measures. This model aims to bolster fair competition and consumer protection, positioning both nations to leverage their digital economy potentials effectively. Paper Type: Research Article
The legal issues concerning Nigerian’s student education loan act: A lesson from Uganda perspective Jufri, Muwaffiq; Aidonojie, Paul Atagamen; Rusdiana, Erma; Antai, Godswill Owoche; Obieshi, Eregbuonye
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.v16i1.29327

Abstract

Introduction to the Problem: Education is said to be one of the major keys to development and civilization. Concerning this, the Nigeria and the Uganda governments had sought to enhance and facilitate tuition fees of tertiary education of peasant citizens, by enacting the Student Loan Act, Unlike the Uganda Education Loan Act, there seems to be a gridlock in accessing education loans in Nigeria. Purpose/Study Objectives: In this regard, this study examines the issues concerning the Nigeria and Uganda tertiary education loan act, with a view of taking a leap from the Uganda student loan act in improving on the Nigeria student loan act. Design/Methodology/Approach: In this regard, the study adopts a hybrid study method, 406 questionnaires were sent to respondents residing in Nigeria and Uganda. The results obtained were analyzed using a descriptive and analytical method. Findings: The study identified significant flaws in the Nigeria Loan Act that risk undermining its intended purpose, whereas the Uganda Tertiary Education Loan Act offers a more effective framework, granting students better access to loans and scholarships. Consequently, the study concludes that Nigeria should adopt key aspects of Uganda’s model, particularly its student-friendly provisions, to improve access to educational financing. It therefore recommends that Nigerian policymakers reform the existing loan system by integrating successful elements from Uganda’s approach, ensuring greater equity and efficiency in supporting students’ academic pursuits. Paper Type: Research Article
The legal effect of electronic bonds lacking an authenticated signature in Jordanian legislation Albnian, Ahmad; Al-Hammouri, Ali; Al-Billeh, Tareq; Al Makhmari, Mohammed; Belghit, Roua; Himmich, Mohammed Chakib
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.v16i1.29437

Abstract

Introduction to the Problem: This study examines the Jordanian legislator's stance on the conditions for electronic signatures, as outlined in the Electronic Transactions Law and the Jordanian Evidence Law. It aims to assess the consistency between the two laws, particularly since the Electronic Transactions Law specifies requirements for electronic signatures, while the Evidence Law remains silent on such conditions. Purpose/Objective Study: This study aims to examine how the recognition and enforceability of electronic bonds vary depending on the type of electronic signature used—specifically comparing authenticated and secured signatures versus unauthenticated yet secured signatures. The analysis will assess the impact of these signatures on the validity and legal standing of electronic bonds, similar to how handwritten signatures affect traditional bonds. Identifying gaps in this relationship will help address potential shortcomings in ensuring authenticity and legal compliance. Design/Methodology/Approach: In this study, we follow two approaches: the descriptive approach in presenting electronic bonds, their types, protection, the validity of an authenticated and protected electronic signature in one hand, and the unauthenticated and unprotected electronic signature. The analytical approach was also relied on. The legal texts regulating the process of electronic bonds and electronic signatures will be reviewed, analyzed, and compared with other laws. Findings: The study highlights how electronic authentication can streamline international trade by reducing documentation costs, provided legal frameworks ensure security and reliability. While Jordan’s Electronic Transactions Law grants e-signatures legal validity, gaps remain in regulating authentication entities. Key recommendations include: (1) establishing an 'electronic examiner' to verify signatures, (2) clarifying certification providers’ liability for data protection, and (3) formalizing government-contractor agreements for authentication services. Strengthening judicial training on digital transactions is also advised to enhance enforcement. Paper Type: Research Article
Community participation as a human right: Perspective of Indonesia's nickel downstream on the natural resource curse phenomenon Daryanti, Daryanti; Sudarwanto, Albertus Sentot; Sujadmiko, Bayu; Sabatira, Febryani
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.v16i1.29453

Abstract

Introduction to the Problem: Various controversies over Indonesia's nickel downstreaming policy as a government move to add economic value to mining products are important issues that need to be studied. This problem is mainly because Indonesia is a developing country that has abundant natural resources, but has not been able to improve welfare and development for communities in mining areas, especially in the aspect of community participation. This research then highlights the perspective of the Natural Resource Curse (NRC) phenomenon for Third World Approaches to International Law (TWAIL) countries in the paradox of development stemming from the exploitation of natural resources. Purpose/Study Objectives: Community involvement in mining and other industrial activities is needed. This is related to decision making. For example, in Environmental Impact Assessment/ Analisis Mengenai Dampak Lingkungan (AMDAL) and other activities related to the lives and livelihoods of communities around mining activities. The basis of public participation is part of human rights as stated in the Constitution and International Conventions that have been ratified by Indonesia. Design/Methodology/Approach: This research uses legal normative research by examining legislation regarding nickel downstreaming as stated in Law No. 30 of 2020 on the Second Amendment to Law No. 4 of 2009 On Mineral and Coal Mining and Law No 6 of 2023 on Cipta Kerja, Findings: The findings in this study show the lack of community involvement in mining and other industrial activities in Indonesia. The existence of community participation as a human right is necessary to achieve a balance of economic growth and environmental protection as an anti-thesis to the curse of natural resources. In addition, governance and enforcement and supervision by the government in the mining sector need to be carried out effectively. Paper Type: Research Article
The nature of fairness in contracts: An electronic contract perspective Kharisma, Dona Budi; Hernoko, Agus Yudha; Thalib, Prawitra; Rana, Digvijay Singh
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.v16i1.29650

Abstract

Introduction to the Problem: The development of information technology has given rise to various types of electronic contracts in the form of adhesion contracts. Unfair legal issues surround the contract formation process and the content of new electronic contract models, such as browser wrap agreements and sign-in wrap agreements. In several cases that have been decided by the Court, the panel of judges has its own standards for deciding disputes based on a fair electronic contract. Purpose/Study Objectives: This paper aims to elaborate on the nature of contractual fairness from an electronic contract perspective. Design/Methodology/Approach: This study employed the statute approach and the case approach. This research examines various regulations relating to agreements, electronic contracts, the doctrine of unconscionability and examizing a number of decisions pertaining to electronic contracts from courts in Indonesia as well as various other nations. Findings: The research results can be concluded that nature of fairness in electronic contracts can be tested through two indicators, the process of forming the contract and clauses in the agreement. Electronic contracts are considered procedurally unfair if the weak party does not know and realizes that they are bound by a contract. An electronic contract is considered substantively unfair if a clause in the contract places an unreasonable burden on the weaker party. In addition to the doctrine of unconscionability, the principles of transparency, duty to read, and reasonable expectation must also be used to ensure fairness in electronic contracts. These principles need to be formulated into the norms of the Indonesian Information Transaction Act to protect consumers from unfair contracts. Paper Type: Research Article
Evaluating the right to life: Lessons from Nigeria, the African Charter, and Indonesian regulations Nnawulezi, Uche; Emmanuel, Okibe; Suhadi, Suhadi; Magashi, Salim Bashir; Adiyatma, Septhian Eka
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.v16i1.29985

Abstract

Introduction to the Problem: The problem of the study is basically on exploring the inadequacies of the existing regulations in safeguarding human life as continuous violations of the sanctity of human dignity have remained unabated in recent years in Nigeria. Purpose/Study Objectives: The purpose of the study is to examine the phenomenon of the right to life in CFRN, 1999 and ACHPR,1981 and their contributions to the fundamental rights enforcement system. Drawing on past or present human rights abuses of the constitutional rights of individuals in Nigeria, the question asked is whether human rights instruments in place are no longer capable of adequate protection of human life in Nigeria. In this sense, the aims of the study are to understand this issue by examining the strengths and weaknesses of the legal frameworks meant to protect lives in Nigeria. The paper argued that the CFRN 1999 and ACHPR 1981 have an absolute prohibition on abuse of human life. The paper examines, among others, the obligations on states to adopt measures capable of addressing the incessant abuse of human rights. Comparing Indonesia as a comparative country in noticing and comparing a country with a different culture. Design/Methodology/Approach: This study uses an analytical and qualitative approach to the current legislation, policies and literature on constitutional rights and this is achieved by synthesizing ideas and comparing with the rules of other countries, especially Indonesia. Findings: The research found that lack of prosecution, political interference, and insufficient accountability hinder human rights enforcement in Nigeria. Despite this, the CFRN 1999 and ACHPR 1981 can still protect lives if human rights legislation is reformed to be more proactive. The comparison with Indonesia highlights that each country has unique customs and characteristics in safeguarding the right to life. Paper Type: Research Article
Governance, business, legal, and technology: Strategies for addressing volatility and gharar in Sharia capital markets Asyiqin, Istianah Zainal; Auliarizky Onielda, Muhammad Dafa
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.v16i1.30505

Abstract

Introduction to the Problem: This study explored the intertwined challenges of market volatility and gharar in Sharia capital markets, which jointly contribute to uncertainty and instability. Volatility and gharar are mutually reinforcing phenomena, while speculative behaviors such as margin trading and short selling intensify both factors, resulting in price distortions, obscured asset valuations, and reduced investor trust in Sharia-compliant instruments. Purpose/Study Objectives: The objective of this research is to examine the characteristics and legal dimensions of both volatility and gharar in Islamic capital markets, assess their collective impact on Sharia-compliant issuers, and propose integrated governance, legal, business, and technological strategies to mitigate associated risks and enhance market resilience. Design/Methodology/Approach: This study adopted a juridical-empirical-normative approach. The empirical aspect involved collecting and analyzing market data from the Indonesian Islamic capital market. At the same time, the normative analysis focused on evaluating regulatory instruments, including DSN-MUI Fatwa No. 80/2011 and OJK Regulation No. 15/POJK.04/2015, and within the context of Sharia principles and business law. Findings: The study finds that both gharar and market volatility contribute to structural weaknesses in Islamic capital markets. In addition, speculative trading practices amplify uncertainty and instability, demanding a regulatory response that limits such activities. Strengthening corporate governance, enhancing disclosure practices, and applying business law mechanisms are essential to risk mitigation. The study recommends future research into cross-border regulatory comparisons and the role of financial technology in improving market transparency and Sharia compliance. Paper Type: Research Article
Resolution of the Jiwasraya insurance case: Government perspective on ensuring legal certainty and justice Saputra, Ferdy; Yusrizal; Bahreisy, Budi; Rasyid, Laila Muhammad
Jurnal Hukum Novelty Vol. 16 No. 2 (2025)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v16i2.29448

Abstract

Introduction to the Problem: The Jiwasraya insurance scandal exposed major weaknesses in Indonesia’s legal oversight of state-owned enterprises, particularly in corporate governance, fiduciary responsibility, and regulatory enforcement. Despite multiple government interventions, the lack of accountability and transparency eroded public trust and questioned the integrity of legal policy. Purpose/Objective of Study: This article examines the government’s legal and policy measures in addressing the Jiwasraya crisis, focusing on how these efforts align with the principles of legal certainty, justice, and Good Corporate Governance (GCG). Design/Methodology/Approach: Employing a normative juridical method with statute and comparative approaches, the study analyzes statutory frameworks, court decisions, and administrative responses, supported by comparative insights from China, Germany, and the United Kingdom. Findings: The findings reveal that government measures, such as corporate restructuring, the establishment of IFG Life, and criminal prosecution, remain largely reactive and lack structural reform. The study argues for the codification of fiduciary duties, strengthening corporate criminal liability, and the selective imposition of severe penalties in corruption cases causing extensive state losses. Furthermore, the absence of transitional legal norms and enforceable state guarantees leaves non-migrated policyholders without legal protection. These findings highlight the urgency of reforming Indonesia’s corporate and financial governance system to restore legal certainty and uphold justice. Paper Type: Research Article
Postponement of debt payment obligations through semi-public restructuring Kurniawan, Itok Dwi; Suwadi, Pujiyono; Santos, Jose Gama; Soehartono
Jurnal Hukum Novelty Vol. 16 No. 2 (2025)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v16i2.29480

Abstract

Introduction to the Problem: The COVID-19 pandemic has driven many companies in Indonesia to seek Postponement of Debt Payment Obligations (PKPU) and bankruptcy, highlighting the need for more adaptive legal frameworks. Current PKPU mechanisms are viewed as outdated, failing to address conflicts of interest and broader economic impacts. This research proposes a semi-public restructuring model to enhance fairness and inclusivity. Purpose/Study Objectives: This study analyzes the urgency of deconstructing the PKPU framework by introducing semi-public restructuring, which integrates judicial oversight and equitable consideration for all parties involved. Design/Methodology/Approach: This research includes normative legal research. Data analysis uses descriptive methods, deconstruction hermeneutic approaches, cases, legislation, and deduction-syllogism analysis. The legal materials used in this study consist of primary legal sources such as laws and court rulings, as well as secondary materials such as academic literature and legal commentary. Findings: The findings reveal that implementing a semi-public restructuring model in PKPU cases is essential for creating a more balanced and fair resolution process. Unlike current mechanisms that overly favor creditors, this model offers a comprehensive solution by involving the courts in approving restructuring plans, ensuring that all creditors are treated equally. Additionally, the semi-public restructuring model adapts successful principles from other countries, like the UK, to Indonesia’s legal framework. It is important to understand that semi-public restructuring differs from PKPU, which is commonly affirmed in debt restructuring. Semi-public restructuring goes beyond mere debt adjustment, encompassing broader corporate reorganization. This model can provide legal certainty, maintain business continuity, and promote long-term financial stability by considering broader socio-economic impacts. This semi-public restructuring approach aligns with Indonesia’s Pancasila values and has the potential to make the bankruptcy legal system more adaptive and responsive to the nation’s economic challenges. Paper Type: Research Article

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