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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 246 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
From prohibition to controlled access: A comparative analysis of medical cannabis regulation in Indonesia and Thailand Rizka; M. Iksan; Nunik Nurhayati; Ridwan; Abdullah Al Mamun
Jurnal Hukum Novelty Vol. 17 No. 2 (2026)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v17i2.30307

Abstract

Introduction to the Problem: The regulation of medical cannabis remains a contentious legal issue in Indonesia due to its strict prohibition under the Narcotics Law, despite increasing scientific evidence supporting its therapeutic benefits. This legal rigidity contrasts sharply with Thailand’s progressive regulatory framework, which permits medical cannabis under state-controlled mechanisms. The urgency of this research lies in Indonesia’s normative vacuum in accommodating medical cannabis for health purposes, resulting in legal uncertainty for patients, medical professionals, and policymakers. Purpose/Study’s Objectives: This paper aims to illustrate the factors that lead to policy differences on the use of medical cannabis in Indonesia and Thailand. Therefore, the objective of this research is to uncover this phenomenon and find the fundamental differences in the cannabis legalization policies between Indonesia and Thailand. Design/Methodology/Approach: This study analyzes the legal differences in medical cannabis regulations between Indonesia and Thailand and formulate regulatory recommendations for Indonesia based on a comparative legal perspective. The research employs a normative juridical method with a comparative law approach, examining statutory regulations, court decisions, and policy frameworks in both countries. Findings: The findings reveal that Indonesia adopts a punitive, prohibition-oriented model centered on drug control, whereas Thailand implements a health-oriented regulatory model that integrates public health, state supervision, and patient access. This divergence reflects differing legal paradigms: criminal justice dominance in Indonesia versus public health governance in Thailand. The study argues that Indonesia’s current legal framework is incompatible with the evolving needs of medical treatment and human rights to health. Paper Type: Research Article
Public order as a legal filter: The transnational regulation of polygamy in conflicting legal systems Yassine Chami; Chami Mokhtar; Chami Rabeh; Abdullah Al-Shibli; Suzali Sulaiman
Jurnal Hukum Novelty Vol. 17 No. 2 (2026)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v17i2.30498

Abstract

Introduction to the Problem: Polygamy presents a profound challenge in private international law because national legal systems classify it differently. While some jurisdictions recognize it as a conditional marital arrangement under religious or customary law, others categorically prohibit it as a violation of public order (ordre public). This legal fragmentation generates significant conflict in cross-border family disputes concerning marital status, inheritance, and social security. Purpose/Study Objectives: This article moves beyond the reductive Islamic-Western dichotomy by proposing a nuanced four-tier classification of legal systems based on their regulatory tolerance toward polygamy. It examines how public order functions not as a rigid barrier but as a dynamic, context-sensitive filter that balances state sovereignty with the protection of individual rights acquired abroad. Design/Methodology/Approach: The study employs a comparative legal methodology grounded in doctrinal analysis and case-law synthesis. Twelve jurisdictions were initially screened to map regulatory patterns, with four representative systems (France, Morocco, Canada, and Saudi Arabia) analyzed in depth alongside illustrative examples from Indonesia, Tunisia, the Netherlands, and the United Kingdom. Primary sources include statutory texts, landmark judicial decisions, and peer-reviewed literature. The analytical framework proceeds through four stages: (1) mapping domestic status, (2) identifying conflict-of-laws rules, (3) assessing public-order exceptions, and (4) evaluating the recognition of civil effects. Findings: The analysis reveals four regulatory models: (1) fully prohibited systems (e.g., France and Tunisia), although France may recognize limited effects in particular cases; (2) systems permitting polygamy under strict judicial control (e.g., Morocco and Indonesia), where domestic permission may face non-recognition abroad; (3) systems permitting polygamy with minimal restrictions (e.g., Saudi Arabia and Sudan), which integrate it into local public order; and (4) partially tolerant or effects-based systems (e.g., Canada, the Netherlands, and the United Kingdom), which restrict domestic formation but may recognize maintenance, pension, or inheritance consequences. This typology shows that public order operates as a calibrated filter rather than a monolithic prohibition. Paper Type: Research Article
Enhancing legal certainty: Regulating cyber notaries and electronic transactions in Indonesia Alfatika Aunuriella Dini; Pandam Nurwulan
Jurnal Hukum Novelty Vol. 17 No. 2 (2026)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v17i2.30590

Abstract

Introduction to the Problem: Explanation Article 15, paragraph (3) of the UUJN (Undang-Undang Jabatan Notaris) authorises notaries to certify electronic transactions, commonly known as cyber notaries. However, the absence of implementing regulations has made this authority legally unenforceable, creating uncertainty for both notaries and parties involved in electronic transactions. Purpose/Study Objectives: This article examines the types of electronic transactions that require notary certification and analyses the regulatory framework for implementing cyber notaries in Indonesia. Design/Methodology/Approach: This study employs normative legal research, drawing on juridical and conceptual approaches. It argues that notarial certification should not apply to all electronic transactions but should be limited to transactions characterised by high economic value, legal complexity, and significant legal risk. Findings: Regulatory harmonisation among the UUJN, the Law on Information and Electronic Transactions, and the Civil Code is essential to ensure legal certainty. This article contributes to the development of cyber notary discourse by offering a normative classification of certifiable electronic transactions and emphasising the need for enforceable implementing regulations. Paper Type: Research Article
Ahead of enforcing community service under Indonesia’s 2023 Criminal Code: Insights from the Netherlands experience Orin Gusta Andini; Devita Kartika Putri
Jurnal Hukum Novelty Vol. 17 No. 2 (2026)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v17i2.30757

Abstract

Introduction to the Problem: Through the new Criminal Code adopted in 2023, Indonesia has introduced community services as one of the possible criminal punishments for criminal offenders. Given this new approach to punishment, little attention has been paid to how community service could be implemented in Indonesia. As such, this study references the Dutch practice, as one of the pioneers of community service, to acquire preliminary insights into how this type of sanction is conducted. Purpose/Study Objectives: This study examines the potential implementation of community services in Indonesia by analyzing how community service is conceptualized in the Criminal Code and by contributing insights into how the Netherlands has regulated and imposed such punishment. Design/Methodology/Approach: This study employs the normative method through statute approach to collect and examine how community services in Indonesia and the Netherlands are legally framed. Furthermore, a case study approach was also conducted to collect Dutch criminal cases to explore the factual context under which the judiciary decides to impose community services on the defendant.   Findings: According to Indonesia’s Criminal Code, community service is only applicable under certain formal and material requirements upon criminal acts that are punishable by less of 5 years imprisonment where the judges impose a maximum of 6 months imprisonment or a criminal fine of Rp.10.000.000. Community services can also be imposed as a substitute sanction for offenders who have failed to pay an amount of fine of Category II or did not fulfill adat sanctions. Several examples of community services in the Netherlands are discussed in this Article to provide a glimpse of how this type of sanction is administered and how judges consider imposing it. Paper Type: Research Article

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