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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 236 Documents
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Mandatory arbitration clause vs consumer class action: Circumvention of consumer’s access to justice in Indonesia Annisa Syaufika Yustisia Ridwan
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.v17i1.30362

Abstract

Introduction to the problem: The emergence of the mandatory arbitration clause in consumer contracts raises the issue of consumer access to justice, for it prevents consumers from filing claims in general court. This practice might potentially close the opportunity for consumers to file a class action claim. Purpose/Study Objectives: This article aims to analyse how the mandatory arbitration clause threatens consumer access to justice, especially the future opportunity to file a class action. Since the Constitutional Court decision favoured freedom of contract and arbitration clauses, this article will attempt to find the possible approach to protect consumers amidst the practice of mandatory arbitration clauses. Design/Methodology/Approach: This paper uses a normative approach, and the data used in this paper are secondary data that consist of legal materials such as statutes, regulations, case law and doctrines. Findings: Mandatory arbitration clause poses threat to consumer access to justice. It limits the procedural right of the consumer to file a class action claim in a general court, while the current arbitration system chosen by the corporation in the clauses has a huge barrier for the consumer to access. The possible approaches to protect consumers are by challenging the validity of arbitration agreements through the undue influence doctrine and by establishing a more consumer-friendly arbitration body. Paper Type: Research Article
E-commerce platform market share measurement mechanisms in Indonesian competition law: The urgency in digital era Reni Budi Setianingrum; Muhammad Annas
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.v17i1.30563

Abstract

Introduction to the Problem: Nowadays, Indonesia is the largest online shopping market in Southeast Asia, which is dominated by the two largest e-commerce platforms, namely Shopee and Tokopedia. The current concern is the emergence of market domination which could result in abuse of dominant position in the form of entry barriers for new players to enter and compete. An appropriate market share measurement method will help authorities prevent market dominance abuse and enforce competition law by imposing appropriate sanctions in the e-commerce sector Purpose/Study Objectives: This research aims to analyze the practice for measuring market share in the e-commerce sector regulated by the Indonesian Competition Commission (ICC) by taking lessons from the European Union Competition Law. Design/Methodology/Approach: This research is normative juridical research using a conceptual approach, statutory approach and comparative approach with an analytical descriptive method. Findings: ICC, as the enforcer of competition law in Indonesia, still uses the traditional market measurement method, namely the SSNIP test, which is considered no longer relevant to the digital economy market and has not implemented a special approach for measuring digital market share, including e-commerce. This study introduces a novel, context-specific framework for assessing digital market dominance in Indonesia by adapting the European Union’s SSNDQ principle, an approach that has not previously been applied within the Indonesian competition law regime. Paper Type: Research Article
Judicial divergence in enforcing annulled arbitral awards under the New York Convention 1958 Iyllyana Che Rosli; Tengku Chik Abu Bakar Tengku Ibrahim; Norhasliza Ghapa; Murshamshul Kamariah Musa; Asril Amirul Zakariah
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.v17i1.30761

Abstract

Introduction to the Problem: The enforcement of annulled foreign arbitral awards under the New York Convention 1958 (NYC 1958) presents a complex legal challenge due to the Convention's Contracting States’ divergence approach on its interpretation. Purpose/Study Objectives: The paper attempts to assess the extent of enforcement of awards vacated by its supervisory seat and to propose a harmonised interpretive method that is align with the goal or NYC 1958 while maintaining the diversity of national laws on the enforcement of annulled foreign awards. Design/Methodology/Approach: This paper adopts a doctrinal and comparative legal methodology. The doctrinal analysis analyses statutory frameworks and judicial reasoning underlying the territorialist, delocalised, and assessment approaches, while the comparative method examines how these models are applied across different jurisdictions. Findings: The territorialist approach, adopted by German courts, refuses to enforce awards vacated by its supervisory seat. The delocalised approach, adopted by French courts, supports enforcement by invoking Article VII and applying domestic law. The assessment approach, seen in Dutch, US, and English courts, involves evaluating annulment reasons on a case-by-case basis. This paper argues that the lack of harmonisation in the application of Article V (1) (e) results in divergent judicial practices. The Maximov’s case illustrates this divergence: French courts enforced the award, Dutch courts upheld enforcement after assessment, and the London High Court dismissed enforcement, requiring substantial proof of bias in annulment. The findings reveal inconsistencies in how Article V (1) (e) is applied, emphasising the need for clearer international guidelines to promote uniformity and predictability in the enforcement of annulled arbitral awards. This paper contributes to the existing literature by proposing an assessment-based framework, supported by clearer and more transparent criteria, to guide courts in evaluating annulments on their merits while preserving respect for the seat court’s decisions, when deciding on the enforcement of annulled awards. Paper Type: Research Article
Women's right to the throne: A comparison between the Sultanates of Yogyakarta and Brunei Darussalam Anom Wahyu Asmorojati; Immawan Wahyudi; Rahmat Muhajir Nugroho; Rofi Aulia Rahman
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.v17i1.31186

Abstract

Introduction to the Problem: This article examines the issue of gender inequality in royal succession by comparing women's right to ascend the throne in the Sultanate of Yogyakarta and in Brunei Darussalam. While Yogyakarta has begun to open up the discourse on women's succession through the King's Word and constitutional interpretation, Brunei explicitly restricts succession to male heirs under its constitution. Purpose/Study Objectives: The purpose of this article is to analyze and compare the position and rights of women in royal succession within the Sultanate of Yogyakarta and Brunei Darussalam, to identify the cultural, historical, and religious factors that influence this practice, and to evaluate it in the light of international human rights principles, in particular CEDAW. Design/Methodology/Approach: This research uses normative juridical research methods with a comparative approach, focusing on the analysis of legal texts, constitutional provisions, customary regulations, and international human rights instruments. Findings: The study reveal that although both the Sultanate of Yogyakarta and Brunei Darussalam are rooted in patriarchal traditions of royal succession, they diverge significantly in their capacity for legal and normative adaptation. In Yogyakarta, the combination of Sabda Raja, Dawuh Raja, and Constitutional Court Decision No. 88/PUU-XIV/2016 has created a transformative opening that reinterprets customary law in line with constitutional principles and international human rights norms, thereby enabling the possibility of female succession through an evolving model of adaptive legal pluralism. By contrast, Brunei maintains a structurally closed system in which the constitutional requirement of a male ruler (reinforced by the Melayu Islam Beraja ideology and religious authority) institutionalizes gender exclusion and limits interpretive flexibility. This comparison demonstrates that restrictions on women’s leadership are not inherently derived from Islamic doctrine but are shaped by differing configurations of political authority, legal flexibility, and engagement with international norms, with Yogyakarta illustrating the potential for reform and Brunei reflecting the persistence of entrenched patriarchal governance. Paper Type: Research Article
Application-based company mergers in the digital era: Unpacking the legal challenges Anna Maria Tri Anggraini; Sharda Abrianti; Gisca Nurannisa; Jimi Rambo Arranchado; Yosefa Oktriviani Mutiara Mali
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.v17i1.30582

Abstract

Introduction to the Problem: The rapid expansion of digital markets, driven by network effects and data concentration, challenges traditional merger control frameworks, particularly due to the risk of market “tipping” toward dominant platforms in jurisdictions such as Indonesia, the United States, China, and the European Union. Purpose/Study Objectives: To examine the criteria used by competition authorities in assessing mergers involving application-based companies and their implications for fair competition in digital markets. Design/Methodology/Approach: This study employs a normative juridical method with a comparative approach, analysing merger control regimes in Indonesia, the European Union, the United States, and China, including key assessment tests such as SLC, SIEC, and dominance-based approaches. Findings: The study finds that traditional indicators such as market share and transaction value are insufficient to capture competitive risks in digital markets. Mergers may reinforce data control, ecosystem dominance, and eliminate potential competition without immediate effects on market structure. Therefore, competition authorities should adopt more forward-looking assessments that consider data, innovation, and tipping risks, alongside stronger pre- and post-merger oversight to protect long-term competition and consumer welfare. Paper Type: Research Article
Restorative justice in victimless crimes under the criminal procedure code: Problematics and solutions Apripari; Dian Ekawaty Ismail; Ahmad; Vivi Oktaviani Pulukadang; Novendri M. Nggilu
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.v17i1.31003

Abstract

Introduction to the Problem: The primary issue addressed in this study is the legal uncertainty within the Republic of Indonesia Law Number 20 of 2025 concerning the Criminal Procedure Code (KUHAP 2025) regarding the requirements for case settlement agreements or peace agreements, which mandate the involvement of a 'victim' in restorative justice mechanisms. This requirement becomes irrelevant when applied to victimless crimes, in which the perpetrator is, in essence, also the victim. Purpose/Study Objectives: This article aims to examine and formulate the ideal implementation of a restorative justice approach within KUHAP 2025 from the perspective of ius constituendum, particularly in overcoming regulatory deadlocks in victimless crimes. Design/Methodology/Approach: The study employs a normative legal research method, utilizing statutory, historical, and conceptual approaches. It relies on primary and secondary legal materials collected through library research and analyzed through legal interpretation and construction. Findings: This article finds that the rigid tripartite relationship (defendant–victim–investigator/inquirer/public prosecutor/judge) embedded in KUHAP 2025 hinders the application of restorative justice in victimless or non-predatory crimes. Accordingly, amendment of KUHAP 2025 is necessary by incorporating an explicit definition of victimless crimes and adjusting procedural mechanisms. Such adjustments may include substituting the role of the victim with community leaders or relevant stakeholders to facilitate the restoration of public interest, accompanied by strengthening the concept of judicial pardon, as evidenced by a formal letter of pardon serving as a substitute for a peace agreement in victimless cases. Paper Type: Research Article

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