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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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Orphan works: An examination of Indonesian and Malaysian copyright law Muhamad Khair, Muhamad Helmi; Barizah, Nurul
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.v16i2.29548

Abstract

Introduction to the Problem: This paper reports findings from research on orphan works in Indonesia and Malaysia. "Orphan works" are copyright-protected works whose copyright holders cannot be contacted or identified by prospective users. Permission to use is essential under the copyright law, but it cannot be obtained in the orphan works context. Presently, there have been no recorded cases of orphan works in either jurisdiction. This situation is further exacerbated by the lack of policies and laws in Indonesia and Malaysia regarding orphan works. Purpose/Study Objectives: On the above basis, this study sought to address the following research questions: (i) What is the current legal treatment to the issue of orphan works in Indonesia and Malaysia? and (ii) How can access to and exploitation of orphan works be legally authorised in Indonesia and Malaysia? Design/Methodology/Approach: The research design was exploratory as this study aimed to examine the current legal treatment of orphan works in light of both jurisdictions' copyright statutes. The doctrinal analysis, as part of normative legal research, was used to answer the first research question by examining Indonesia’s Law Number 28 of 2014 and Malaysia’s Copyright Act 1987. The literature-based research was employed to answer the second research question by extracting information from secondary sources such as reports, textbooks, and journal articles. Findings: This study discovered that Indonesia and Malaysia's existing laws are insufficient to support potential users in exploiting the orphan works. Specifically in Malaysia, the orphan works scenario might be addressed by Section 31 of the Copyright Act 1987, but further improvements could be made to this provision to expand its scope and application. Following that, this study made numerous strategic proposals, including defining a policy for the use of orphan works, establishing a statutory definition of orphan works, and developing an orphan works licensing scheme. Paper Type: Research Article
Navigating the regulatory landscape: Combating corruption, cryptocurrency crime, and illicit finance through global coordination Putranti, Ika Riswanti; Windiani, Reni; Wen, Qin Guan; Zuliyan, Muhammad Arief
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.v16i2.30266

Abstract

Introduction to the Problem: This article examines the U.S. strategy for countering corruption and the increasing challenges of money laundering involving cryptocurrencies in a globalized financial ecosystem. As digital assets gain legitimacy, they have simultaneously become tools for illicit finance, prompting the need for coordinated global regulatory efforts. The United States, home to the world’s largest crypto exchanges and a leading jurisdiction for asset seizures, has developed a comprehensive Five-Pillar Strategy emphasizing global coordination and institutional strengthening. Purpose/Objective Study: This study analyzes how U.S. policy frameworks, including those under the Commodity Futures Trading Commission (CFTC), Financial Crimes Enforcement Network (FinCEN), and Dodd-Frank Act, respond to transnational threats of corruption, crypto-related crime, and illicit finance. It assesses how these measures promote transparency and shape international cooperation mechanisms. Design/Methodology/Approach: Using a mixed-method legal approach grounded in methodological pluralism, this research integrates normative legal analysis, legal sociology, and neoliberal institutionalism to evaluate the adaptive capacity of global coordination in addressing crypto-related financial crimes. Findings: The study finds that effective responses to crypto-based corruption require not only domestic policy coherence but also institutionalized multilateral coordination anchored in international regimes such as the Financial Action Task Force (FATF), the UN Convention against Corruption (UNCAC), and the OECD’s Crypto-Asset Reporting Framework. The U.S. Five-Pillar Strategy strengthens transparency through beneficial ownership reporting, enhances the detection of illicit transactions via FinCEN and CFTC oversight, and reinforces cross-border collaboration through FATF and UNCAC partnerships. These frameworks collectively represent a pragmatic application of neoliberal institutionalism (where institutions mitigate the risks of an anarchic financial order) and sociological jurisprudence, which treats law as a dynamic tool of social engineering. However, gaps persist in enforcement harmonization and data-sharing, underscoring the continued need for adaptive and inclusive global coordination mechanisms. Paper Type: Research Article
People's mining governance and ecological impacts in Jayapura City (1998-2024) Samosir , Hotlan; Siregar , Tiurlina; Reba , Yansen Alberth; Muttaqin , M. Zaenul; Hussain, Fakhar; Samosir, Rendra Christian
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.v16i2.30371

Abstract

Introduction to the Problem: The case of artisanal mining in Jayapura City has had positive socioeconomic impacts through job creation. However, it has also raised concerns about ecological impacts, including landscape degradation and contamination of the watershed that drains into Lake Sentani. Purpose/Study Objectives: This study aims to analyze the dynamics of community mining governance in Jayapura City since 1998, with a focus on the role of local government in law enforcement and the ecological impacts of small-scale gold mining activities. Design/Methodology/Approach: A socio-legal research approach was adopted, grounded in an empirical-juridical paradigm to capture both the statutory framework and its practical implementation. Data for the study were compiled through an analysis of regulatory documents, academic literature, and environmental impact reports, augmented by systematic field observations at key mining sites around Jayapura (including buffer zones near the Cyclops Nature Reserve and the Lake Sentani watershed). Observations were conducted over five months, utilizing document research protocols and peer review verification to ensure data reliability and analytical rigor. Findings: The findings reveal regulatory gaps and weak law enforcement, resulting in rampant illegal mining and environmental degradation, including land degradation, alterations to the hydrological system, and pollution of the watershed, ultimately affecting Lake Sentani. Although formalization of community mining businesses was attempted after 2007, challenges such as weak coordination between agencies, limited oversight, and conflicts of interest complicate the implementation of sustainable regulations. This study recommends strengthening the assessment of community mining areas, developing transparent local regulations, improving oversight and law enforcement mechanisms, and involving communities in environmental monitoring and advocacy to achieve a balance between regional economic and environmental sustainability. Paper Type: Research Article
Between no-fault and fault-based: Has Indonesia consistently adopted the fault-based divorce law system? Hartini; Ari Hernawan; Dwi Haryati; Haniah Ilhami; Laras Susanti; Nur Yaumil Hikmah
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.v16i2.30395

Abstract

Introduction to the Problem: Under the Indonesian Marriage Law of 1974, the requirement of specific acceptable reasons for divorce underscores the adoption of a fault-based divorce system. However, of the Law also includes “continuous disputes and endless quarrels between the spouses with no hope of reconciliation” as grounds for divorce provided by the Elucidation of Article 39 paragraph (2) letter f, which mirrors the Western no-fault-based divorce concept of irreconcilable differences. This apparent contradiction is intriguing for a comprehensive analysis of which divorce system Indonesia aligns with. Purpose/Study Objectives: This article evaluates the contradiction between Indonesia’s fault-based divorce system and the existence of grounds for divorce, which include “persistent disputes and endless quarrels between the spouses with no hope of reconciliation.” This evaluation aims to confirm whether Indonesia has consistently adhered to the fault-based divorce law system. Design/Methodology/Approach: This article utilizes normative juridical research by examining secondary data as the primary source. The research began with identifying legal principles governing divorce, followed by analyzing the historical development of regulations and legal considerations in judicial decisions. The data were qualitatively analyzed using conceptual, statutory, case-based approaches to provide a critical perspective. Findings: This article reveals that the grounds of “persistent disputes with no hope of reconciliation” first appeared in 1933 under the Indonesian Christian Marriage Ordinance of 1933 under the terminology of onheelbare tweespalt. It was then adopted by the Marriage Law of 1974. Initially, all divorce reasons had to be grounded in the fulfilment of "persistent disputes with no hope of reconciliation," requiring the determination of the party most responsible for the breakdown of the marriage. However, this article concludes that there has been a gradual shift from necessitating identifying fault in "persistent disputes with no hope of reconciliation" to simply recognizing the marriage's breakdown without attributing blame. This ground is now independently sufficient to establish an irreparable breakdown of the marriage. Paper Type: Research Article.
Strengthening the correctional system through electronic supervision of prisoners: A comparative legal study for reforming Indonesia's penitentiary law Widyawati, Anis; Purnomo, Didik; Setyanto, Heru; Suryani, Leony Sondang; Fitha Ayun Lutvia Nitha
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.v16i2.30503

Abstract

Introduction to the Problem: The practice of criminal law in a country should evolve technologically, as in Indonesia, where electronic surveillance of prisoners has been adopted. Indonesia has correctional facilities that are experiencing tremendous overcrowding, and this trend not only hinders the effective rehabilitation of inmates but also burdens the state coffers. Countries with well-organised biobanks have used this surveillance technology to prevent this malfunction. Purpose/Study Objectives: This research aims to analyze whether there is a possibility of introducing electronic monitoring of prisoners in Indonesia as a possible amendment to the Criminal Sanctions Implementation Act by conducting an international review of the experience of similar practices in several countries with civil law (Latvia, Iceland, France, Norway, Croatia, Kosovo), common law (England and Wales), and mixed law (Thailand) systems. Design/Methodology/Approach: This research utilises qualitative approaches, especially normative legal analysis and comparison. The data was collected by way of thorough analysis of legal documents from different jurisdictions that have varying legal traditions, such as civil law countries like Latvia, Iceland, France, Norway, Croatia, and Kosovo, common law countries of England and Wales, and Thailand, which has a mixed legal system. The comparison of these legal systems assists in constructing possible integration of electronic surveillance systems in the criminal law system in Indonesia. Findings: Research shows that electronic monitoring of prisoners in Indonesia has potential despite the lack of legislation for such tracking due to the relevance of implementation, especially for low-risk prisoners and first-time offenders. Concerns are identified, such as inadequate infrastructure, lack of comprehensive legislation and resistance from various groups. However, the promising benefits outweigh those concerns, as well as features such as a 40% reduction in prison overcrowding and improvements in recidivism rates of inmate rehabilitation. Paper Type: Research Article
Analysis of the concept of schikking as an alternative in the strategy for recovering state financial or economic losses Syam, Asmadi; Din, Mohd; Bintang, Sanusi; M. Gaussyah; Irsan, 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.v16i2.30555

Abstract

Introduction to the Problem: The main issue in handling cases in the economic field is the recovery of the state's financial losses or the country's economy. This is due to the orientation of law enforcement, which always focuses on imposing imprisonment as a deterrent. As a result, fines that are imposed are often substituted with imprisonment. The criminal justice process, which ultimately leads to imprisonment, is considered ineffective and incurs high costs. Through the authority of schikking, it is considered as one of the alternative solutions. However, in practice, it still generates various reactions, including assumptions that it does not effectively deter perpetrators from committing crimes. Purpose/Study Objectives: This research aims to examine and explain the perspective of schikking in handling economic criminal acts. Through the imposition of schikking, can financial losses or the state's economy be effectively and efficiently restored. Design/Methodology/Approach: The research method used is normative juridical research, a type of legal research that examines the systematics of law, identifying key concepts in law, and analyzing prevailing norms and principles in legal science. Findings: The research findings indicate that the concept of schikking views economic crimes as the cause of economic disruption in the country, so the prosecution must prioritize the recovery of state losses. As one of the sentencing systems and part of the attorney general's opportunity, schikking can be applied to crimes that have a broad impact on the country's economy. The implementation of schikking is considered effective and efficient in reducing state expenditures, taking into account the costs and benefits of handling economic cases. Additionally, schikking provides a mutually beneficial solution for the parties by giving the perpetrator an opportunity to constructively demonstrate their capacity and qualities. Schikking does not completely eliminate the element of deterrence, but rather simplifies the criminal justice system by offering a more efficient and adaptable solution, without sacrificing the core goals of law enforcement, restoring economic losses, and ensuring substantive justice. Paper Type: Research Article.
Online gambling: Cross-border aspects and potential risk of divorce Setiyawan, Deni; Fauzia, Ana; Mohamed, Muhammad Azimuddin; Pratama Hapsari, Ifahda; Mashdurohatun, Anis; Jaya Wardana, Dodi
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.v16i2.29186

Abstract

Introduction to the Problem: Online gambling produces cascading social harms (debt, mental distress, and family conflict) that are surfacing in Indonesian divorce cases. Yet core enforcement gaps persist because gambling platforms, servers, and payment rails are frequently offshore and evidence is digital and volatile. Existing tools in the ITE Law and the Criminal Code lag behind these modalities. Purpose/Study Objectives: To analyze how cross-border features of online gambling undermine Indonesian criminal and family-law responses, and to propose an integrated reform agenda that links criminal accountability with family protection. Design/Methodology/Approach: Normative legal research combining statutory and conceptual analysis with comparative insights (licensed regimes such as Australia/UK; prohibition/ambiguous regimes) and illustrative Indonesian Religious Court decisions referencing gambling-driven marital breakdown. Findings: Indonesia’s response is hampered by three enforcement deficits: (1) Platform/finance dependence: foreign digital platforms and domestic payment intermediaries (banks, e-wallets, telecoms) enable chip-based and crypto-denominated flows that current doctrine barely reaches; (2) Digital-evidence fragility: logs, metadata, and accounts are transient or hosted abroad, while preservation and admissibility standards and forensics capacity remain under-specified; and (3) Limited cross-border reach: narrow MLAT/extradition coverage and dual-criminality barriers where gambling is legal overseas. These deficits help explain a growing footprint of gambling in Indonesian divorce pleadings and judicial reasoning, even when causation is indirect (asset dissipation, coercive financial control, persistent conflict). Comparative practice shows courts can recognize gambling-related “wastage” in property division and maintenance, while regulators can harden payment and advertising controls. Overall, the paper finds that doctrinal silos between criminal/ITE rules and the Marriage Law weaken both enforcement and family protection. Paper Type: Research Article
Does the village community have autonomy? between constitutional recognition and international law Sirajuddin; Al-Fatih, Sholahuddin
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.v16i2.30452

Abstract

Introduction to the Problem: Although villages existed before the formation of the Unitary State of the Republic of Indonesia, constitutional provisions on village autonomy remain marginal and inconsistent after four amendments to the 1945 Constitution. This undercuts recognition of indigenous communities and meaningful participation, despite converging international doctrines that safeguard collective identity, self-governance, and local decision-making. Purpose/Study Objectives: This study argues that any future constitutional amendment must explicitly recognize and accommodate the autonomy of village communities. It aims to articulate a paradigm of village autonomy embedded in a social-constitution framework that realizes just and equitable prosperity, aligns with international legal standards on indigenous peoples’ rights and participatory governance, and provides clear guidance for normative and operational reform. Design/Methodology/Approach: Using a normative juridical method with descriptive-analytic specification, the research combines statutory and legal-historical approaches with targeted comparative analysis of jurisdictions that constitutionally entrench local or indigenous self-governance. International legal principles are employed as evaluative benchmarks to assess Indonesian constitutional design choices and to distil transferable safeguards (recognition, participation, jurisdiction, and fiscal arrangements). Findings: Future villages should be constitutionally recognized as autonomous and self-sufficient communities that preserve local wisdom, ensure economic stability, and foster locally rooted growth. A reform blueprint emerges: (i) explicit constitutional status for village communities; (ii) delineated competences and guaranteed participation procedures; (iii) stable fiscal architecture; and (iv) safeguards against re-centralization. These elements uphold citizen values and constitutional ethics while harmonizing Indonesian practice with international doctrines on indigenous rights and democratic participation, thus offering actionable pathways for amendment text and implementing legislation. Paper Type: Research Article
Juridical Study of Criminal Law on Delegation of Authority of Obstetricians and Gynecologists to Midwives in Health Services Damayanti, Fitriani Nur; Mulyanti, Lia; Poddar, Sandeep
Jurnal Hukum Novelty Vol. 14 No. 2 (2023)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/novelty.v14i2.a25748

Abstract

Introduction to the Problem: The entitlement to health services represents an inherent right accorded to each citizen within the Indonesian jurisdiction. Within this framework, health practitioners assume a pivotal role in augmenting the optimal provision of healthcare to the populace. Specifically, midwives play a critical function in delivering health services aligned with the directives of medical professionals, particularly in exigent situations and referral services. The legal ramifications surrounding a midwife's engagement in illicit childbirth practices underscore the imperatives of statutory compliance. Within the confines of the Penal Code, responsibility is construed as an imperative, denoting that transgressions of criminal statutes necessitate accountability in accordance with the prescribed legal provisions.Purpose/Objective Study: This study seeks to elucidate the juridical examination of the delegation of authority within the realm of healthcare services, specifically focusing on the intricate dynamics between medical practitioners and midwives.Design/Methodology/Approach: The employed research methodology involves normative juridical analysis utilizing secondary data. Within the purview of this investigation, the research framework adheres to legal principles, encompassing an examination of both codified positive law and uncodified positive law.Findings: The delegation of authority upon midwives to execute health service activities is predicated upon a mandate from doctors, necessitating recurrent monitoring and evaluation by the medical practitioners. This delegation of authority pertaining to health-related responsibilities to midwives is effectuated through both written documentation and oral communication via telephone. The locus of responsibility for this delegation rests with the healthcare institution, where physicians assume the role of conferring authority, and midwives act as the executors entrusted with such delegated responsibilities.Paper Type: Research Article
Legal Interpretation of Terms, Phrases, and Clauses in the Notarial Deeds Suryadi, Suryadi; Rahayu, Triwati
Jurnal Hukum Novelty Vol. 14 No. 2 (2023)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/novelty.v14i2.a25751

Abstract

Introduction to The Problem: A notarial deed is an authentic deed containing various legal relationships or events with specific characteristics drafted by or attested by a notary. Its peculiarities vary based on the form, structure, and legal language that are not easily understood by other legal practitioners or the public. To avoid a dispute between the parties, an interpretation of the terms of the legal language used in the deed is required. Based on the literature review, previous studies have yet to discuss the legal interpretation of the deeds made by a notary.Purpose/Objective Study: The research aims to identify and describe the legal interpretation of the terms, phrases, and clauses used in notarial deeds.Design/Methodology/Approach: This research is normative-empiric research. Data consists of primary and secondary data. There are 20 deeds of Islamic financing contracts and ten various deeds such as co-operation agreements, repurchase agreements, bank loans, and so on. The deeds were drafted and/or attested by Sari Darmawati, S.E., S.H. notary in Semarang. Findings: The legal interpretation of notarial deeds is pivotal for ensuring the enforceability of agreements, drawing on legal sources like laws and judicial decisions. Standardized terms form a foundational framework, although their unique meanings may be complex for the public. Gender-based designations and clauses regarding breach of contract and force majeure define legal consequences. In Islamic finance, specific definitions are introduced. Emphasizing jurisdiction and legal principles in agreements, parties' intention prevails in case of ambiguity. Progressive law advocates for a functional interpretation, considering social realities. Interpreting notarial deeds demands a nuanced understanding of language and party intentions, requiring adherence to legal principles amid evolving societal dynamics.Paper Type: Research Article 

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