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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 234 Documents
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Rethinking Delegated Legislation in Indonesian Legal System Al-Fatih, Sholahuddin; Safaat, Muchamad Ali; Widiarto, Aan Eko; Uyun, Dhia Al; Rahmat, Al Fauzi
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.a27517

Abstract

Introduction to The Problem: Delegated legislation in Indonesia is a new type of legislation that should be interpreted and ruled carefully. However, nowadays, the Indonesian legal system has no fixed term for delegated legislation and no hierarchy on it. Furthermore, as many as 57.677regulations at the level of Ministries, Agencies and State Institutions have the potential to overlap regulations and become subject to judicial review in the Supreme CourtPurpose/Objective Study: This article aims to analyze the best term and hierarchy of delegated legislation in the legal system in Indonesia.Design/Methodology/Approach: This legal research conducted normative studies, by examining previous studies on delegated legislation and Electronic and Information Transaction (EIT) law to imagine the delegated legislation type and hierarchy. The data was analyzed by a prescriptive method to give a new idea regarding delegated legislation in Indonesia's legal system.Findings: This paper finds no fixed term for delegated legislation in the Indonesian legal system. There is a loophole in the Indonesian legal system related to delegated legislation. However, some scholars argue that delegated legislation in Indonesia can be found in Government Regulation, Presidential Regulation, Local Regulation and beleidsregel in Article 8 Paragraph (1) Law Number 12 of 2011 concerning Establishing Statutory Regulation and its amendment. As a suggestion, the amendment of the Law on Establishing Statutory Regulation is a must in carrying delegated legislation definition, purpose and hierarchy.Paper Type: Research Article
National legal interventions in overcoming underage marriages in indigenous communities Tan, Winsherly; Agustini, Shenti; Agustianto, Agustianto
Jurnal Hukum Novelty Vol. 15 No. 1 (2024)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/novelty.v15i1.a28029

Abstract

Introduction to The Problem: Marriage is everyone's right. However, the phenomenon that occurs is the practice of underage marriage, this also occurs in the indigenous community of the Orang Laut tribe in Lingga Regency.Purpose/Objective Study: The aim of this research is to analyze the regulation of national law and customary law in dealing with underage marriage in the Orang Laut tribal community and to find a concept of legal harmonization that can resolve the practice of underage marriage.Design/Methodology/Approach: The research method used is empirical juridical. The type of data sourced from primary data is through observation and interviews as well as primary data. The basic theories used are the Theory of Legal Work and the Theory of Development Law.Findings: The results of the research state that there is a regulatory inconsistency between marriage law and child protection law. The marriage law allows for underage marriages by applying for dispensation, while Article 26 of the child protection law strictly stipulates that parents are obliged to prevent child marriages from occurring. And there is a culture of "reciprocation" which is the basis for the Sea People tribe to perpetuate the practice of underage marriage. In fact, marriages are only carried out through traditional ceremonies and according to their respective religions without applying for dispensation to the court. This means that the marriage carried out is only valid according to custom and religion and is not legally valid. Therefore, it is necessary to harmonize the law with an institutional approach in overcoming the phenomenon of underage marriage in the indigenous people of the Orang Laut tribe, Lingga Regency.Paper Type: Research Article
Reconstruction of legal liability of philanthropic organisations in the misuse of humanitarian donations Bango, Fikran S; Naswar, Naswar; Sapiddin, Andi Syahwiah A; Maskun, Maskun; Normiati, N; Kasim, Nur Mohamad; Syamsuddin, M. Yusuf
Jurnal Hukum Novelty Vol. 15 No. 1 (2024)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/novelty.v15i1.a28109

Abstract

Introduction to The Problem: The revelation of cases of misuse of humanitarian donations by philanthropic organizations reported by the media. The Aksi Cepat Tanggap (ACT) organization, which is one of the suspects in the misuse of humanitarian donations, is a big question about the implementation of supervision carried out by the government. There are not many cases of ACT, there are several institutions or community organizations to government organizations that have misused their donations. The form of misuse of humanitarian donations with the misuse of public funds to the waste of funds.Purpose/Objective Study: This research aims to reconstruct the legal liability of social philanthropy institutions in the misuse of humanitarian funds. Thus, the collection of humanitarian donations can provide real benefits to the community, and government programs related to poverty alleviation can have a real impact.Design/Methodology/Approach: This type of research is normative juridical with an analytical descriptive approach that discusses legal symptoms and problems with a legislative and doctrinal approach.Findings: The author identifies a significant gap in governmental oversight concerning the collection of money or goods intended for humanitarian aid. This lack of supervision has resulted in the opportunistic exploitation of disaster events, where individuals or groups capitalize on the urgency and generosity elicited by such crises. These actors collect donations ostensibly for relief efforts but instead divert these resources to serve their own personal or financial interests. The absence of stringent regulatory frameworks and effective monitoring mechanisms allows for this misuse, undermining public trust and depriving genuine victims of the essential aid they desperately need. The author underscores the critical need for robust government intervention and accountability measures to safeguard the integrity of humanitarian donations and ensure they reach those most in need.Keywords: Reconstruction; Philanthropic Institutions; Humanitarian Donations
The legal protection of domain names in Jordanian legislation and the rules of the unified domain name dispute resolution policy issued by ICANN AL-Khalaileh, Lana; Al-Billeh, Tareq; Manasra, Majd
Jurnal Hukum Novelty Vol. 15 No. 1 (2024)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/novelty.v15i1.a28132

Abstract

Introduction to The Problem: The problem of the study was that the Jordanian legislative system is devoid of any special legal regulation or even a system that defines domain names in terms of their nature and means of legal protection for them. There is only the “Registration Policy” that the Ministry of Digital Economy and Entrepreneurship is implementing to register national domain names. This policy only addresses the technical and procedural aspect of domain name registration without specifying its legal nature.Purpose/Objective Study: The purpose of the study is to illustrate the topic's uniqueness and theoretical and practical significance. Due to the lack of specific regulations in many countries and the rise of cases handled by courts in this area, it presents several practical and legal issues. Therefore, the study aims to shed light on this phenomenon and try to find the best solutions to it in light of Jordanian legislation and the rules of the Unified Policy for Resolving Domain Name Disputes issued by ICANN.Design/Methodology/Approach: In its preparation, the study relies on the descriptive and analytical approach by describing the case, citing relevant legal texts, analyzing them, and applying them to reality. This is done by analyzing the texts of the Jordanian national domain name registration policy and comparing it with the legal texts contained in the rules of the Unified Policy for Resolving Domain Name Disputes issued by the ICANN under study.Findings: The study recommended a number of recommendations, the most important of which is the need to enact legislation specific to national domain names to determine the nature of these names and their legal nature. This legislation also includes provisions for their legal protection, stipulating appropriate legal ways and means to confront the assault on them, and provisions for liability resulting from them.Paper Type: Research Article
The establishment of LAPS SJK in the trajectory of history viewed from the politics of Indonesian law Setiyono, Setiyono; Keumala, Dinda; Sabirin, Ahmad; Rahmat, Nur Ezan; Suzaini, Syaqila Binte; Bayuaji, Anandayu Pavita
Jurnal Hukum Novelty Vol. 15 No. 1 (2024)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/novelty.v15i1.a28385

Abstract

Introduction to the Problem: The history of the formation of the LAPS SJK is based on the importance of consumer protection in the financial services sector. According to the law concerning the role of the Financial Service Authority, the institution is given the authority to facilitate the settlement of complaints from consumers who are harmed by the finance actors. The OJK then issued regulation (POJK) Number 1/POJK.07/2014 concerning Alternative Dispute Resolution Institutions in the Financial Services Sector (LAPS SJK) which was later replaced by regulation Number 61/POJK.07/2020.Purpose/Objective Study: This research examines, how is the history of the LAPS SJK formation and how is the legal politics of the formation.Design/methodology/Approach: This research is normative, using a historical approach. It applies a descriptive method with the secondary data.Findings: The interesting finding is that the establishment of LAPS SJK is to protect consumers in the event of a dispute with the financial actors, so the legal politics regulating the LASP SJK should be an integrated part of the political scheme of consumer protection law. Institutionally, the legal politics of establishing LAPS SJK is motivated by 3 (three) reasons. The initial reason is the establishment of OJK which has a determinant role and function to supervise integrated financial services business activities for the capital market, banking, and non-banking sectors. Another reason is the reality of the advanced development of technology in the global financial services sector, and the last reason is the need of the parties involved in the financial services sector industry; both consumers and finance actors who need an ideal non-court dispute resolution institution.Paper Type: Research Article
Protection of patient data privacy on IoT devices for healthcare in the era of smart cities: a health law perspective Naili, Yuris Tri; Afrilies, Marlia Hafny; Garunja, Evis; Purwono, Purwono
Jurnal Hukum Novelty Vol. 15 No. 1 (2024)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/novelty.v15i1.a28457

Abstract

Introduction to the Problem: The Internet of Things (IoT) has enabled the use of medical devices in the healthcare sector while presenting challenges in regard to the security and privacy of patients’ medical data. This article conducts a systematic literature review to evaluate the existing regulations related to the security and privacy of the patient’s medical data in real-time data collection through IoT in the context of a Smart City.Purpose/Study Objectives: This study aims to identify gaps in the existing regulations, analyze the implementation of these regulations in practice, and evaluate the impact of IoT technology on the privacy and security rights of patients’ medical information in the healthcare sector.Design/Methodology/Approach: The research employed a systematic literature review, by analyzing relevant articles, legal documents, and regulations. Data were examined from a case study of the implementation of IoT devices for healthcare in Smart Cities as well as interviews with legal experts in the field of healthcare services.Findings: The existence of the Electronic Information and Transaction Law, Personal Data Protection Law, and the latest Health Law provides the initial regulatory foundation for ensuring the security of personal data in the integrated governance of Smart Cities, especially in telemedicine services. Implementing regulations for these laws are necessary to technically accommodate the needs for the security of the patients’ data, ensuring that there is no imbalance between the provisions of the laws that are enacted and their implementation in the community.Paper Type: Research Article
Challenges of international law integration: Protecting rights of Rohingya refugees in Aceh Yordan Gunawan; Muhammad Farel Reyhan; Labib Dianatadilaga Jayapraja
Jurnal Hukum Novelty Vol. 17 No. 1 (2026)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v17i1.29462

Abstract

Introduction to the Problem: Indonesia continues to face significant legal and policy challenges in protecting Rohingya refugees arriving in Aceh Province, particularly due to the country’s non-ratification of the 1951 Refugee Convention and the absence of comprehensive national refugee legislation. Purpose/Study Objectives: This article aims to analyze Indonesia’s legal and policy framework in protecting Rohingya refugees, with a specific focus on the integration of international refugee law, compliance with humanitarian principles, and the implications of the “safe third country” policy. Design/Methodology/Approach: The study employs a qualitative, normative legal research method, using a doctrinal approach, and examines national statutory regulations, presidential decrees, and relevant international legal instruments, including the 1951 Refugee Convention, the 1967 Protocol, and the principle of non-refoulement. Findings: The findings indicate that Indonesia’s refusal to ratify the 1951 Refugee Convention and the lack of clear statutory guidelines create legal gaps that hinder effective refugee protection. These gaps place Rohingya refugees in a state of legal uncertainty and weaken the practical implementation of humanitarian principles, particularly the principle of non-refoulement, within Indonesia’s “safe third country” policy framework. Paper Type: Research Article
Financial reorganization as a means of saving troubled commercial projects from bankruptcy: An analytical study in the UAE Bankruptcy Law No. 51 of 2023 Mohammad Saad Ali Al Armman
Jurnal Hukum Novelty Vol. 17 No. 1 (2026)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v17i1.29992

Abstract

Introduction to the Problem: Avoiding commercial projects falling into the abyss of bankruptcy is a modern philosophy upon which modern legislation is based, based on its awareness of the importance of the role that commercial projects in general play in the economic development of countries, which requires attention from those in charge of them. Purpose/Study Objectives: This study came to clarify the position of the Emirati legislator on this method and its role in reducing the declaration of bankruptcy of a faltering commercial project by evaluating the financial situation of the debtor, as the Emirati legislator approved in the Bankruptcy Law the establishment established a unit in the Ministry of Justice called the Financial Reorganization Unit and assigned to it a group of Specializations Design/Methodology/Approach: The financial reorganization method is one of the alternative methods developed by the UAE legislator to avoid bankruptcy for companies, by conducting an analysis of the status of the faltering commercial project, finding out the reasons for its faltering, and re-evaluating it. This certainly requires that these projects have a strong desire to address their financial situation before it worsens. Hence, the UAE bankruptcy law is more concerned with saving the commercial project to overcome its financial difficulties than defaming the debtor who owns the project, by introducing a financial reorganization mechanism to protect the commercial project and avoid its bankruptcy. Findings The study concluded that establishing this unit in the Ministry of Justice and granting it a group of specializations gave it an administrative character, not a judicial one. Granting the right to choose financial reorganization experts’ conflicts with the jurisdiction of the competent court to make such a choice. Paper Type: Research Article
Legal immunity and liability in emergency assistance: Rethinking the Good Samaritan Doctrine in Indonesia through comparative and international perspectives Faizal Kurniawan; Xavier Nugraha; Angelica Milano; Bryan Owen Soeprapto; Lorenzo Nieuwenburg
Jurnal Hukum Novelty Vol. 17 No. 1 (2026)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v17i1.30232

Abstract

Introduction to the Problem: The problem explored in this study is that the Indonesian legal system does not provide any legal protection for ‘Good Samaritan’ acting to aid others’ in grave danger. This legal vacuum might cause a shift in humans' good nature. Purpose/Study Objectives: The purpose of this study is to examine how other jurisdictions regulate Good Samaritan immunity in civil disputes, addressing the research gap in Indonesia where no protection exists, and how such frameworks may be adapted. Design/Methodology/Approach: Normative juridical research combining statute, conceptual, comparative, and case approaches across Indonesia, Canada, and China to map immunity/liability rules in emergency civil disputes and extract transferable principles relevant to international law debates on protecting life and enabling bystander aid. Findings: The study finds that implementing a Good Samaritan Doctrine in Indonesia addresses the current legal vacuum by providing immunity to individuals who render aid in emergencies. Comparatively, Canada grants civil immunity for Good Samaritans acting in good faith, while China’s Civil Code provides similar protection with limitations. These models demonstrate that clear immunity provisions can encourage voluntary assistance without exposing helpers to liability. In the Indonesian context, the idea of having legal immunity and liability for ‘Good Samaritans’ could be achieved in the short term through advocation clarifying judicial interpretation of Article 1354 of the Indonesian Civil Code, and in the long term through dedicated legislation establishing Good Samaritan protection.  Paper Type: Research Article
Users or traffickers? Legal ambiguities in Indonesia’s narcotics law and their role in prison overcrowding Nevey Varida Ariani; Yusramizza Md Isa; Yuhanif Yusof; Amirudin
Jurnal Hukum Novelty Vol. 17 No. 1 (2026)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v17i1.30254

Abstract

Introduction to the Problem: Drug law enforcement in Indonesia is undermined by persistent legal ambiguities, particularly in distinguishing between drug users and traffickers. This uncertainty erodes legal certainty, generates judicial inconsistencies, and contributes directly to chronic prison overcrowding. Purpose/Study Objectives: This study analyses inconsistencies in Law No. 35 of 2009 regarding the classification of drug users and traffickers and their impact on sentencing disparities and overcrowding. Design/Methodology/Approach: A juridical-empirical method was employed, combining normative legal analysis with qualitative data from semi-structured interviews with four judges and ten inmates in East Java. Findings: Empirical evidence shows that users are frequently misclassified as traffickers through the routine use of Article 112, even for small personal-use quantities suited to Article 127. Despite SEMA No. 4/2010 and No. 3/2015, their clarifying impact has been limited. This misclassification restricts access to rehabilitation, fuels overcrowding, and produces sentencing disparities, thereby weakening substantive justice. This is the first empirically grounded study linking statutory ambiguity with systemic overcrowding in Indonesia. By connecting doctrinal ambiguity with systemic over-incarceration, the study recommends statutory harmonisation, expansion of rehabilitation alternatives, and selective decriminalisation consistent with human rights. Paper type: Research Article

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