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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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Optimizing restorative justice mechanisms in financial crime investigations Lies Sulistiani; Lastuti Abubakar; Efa Laila Fakhriah; Ahmad Ridhwan Abd Rani
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.v17i2.30803

Abstract

Introduction to the Problem: Financial crime causes significant economic losses, undermines public trust, and threatens national stability. Before the PPSK Law introduced special procedures, such cases followed ordinary criminal proceedings. Although restorative justice is used for minor offenses, its application to financial crime remains limited. This study examines Indonesia’s restorative justice framework, its potential use in financial crime, and its implications for expanding settlement mechanisms in the financial sector. Purpose/Study’s Objective: This study aimed to examine the concept of restorative justice and the ultimum remedium principle with an emphasis on the application in the field of financial crime. It is based on the assumption that justice cannot be solely predicated on punishment but must also prioritize the recovery of victim losses and the financial system. Design/Methodology/Approach: A normative juridical methodology was used to examine legal provisions and practices related to the application of restorative justice in the case of financial crime. Findings: The results showed that the principles of restorative justice, ultimum remedium, una via, and Written Command should be integrated and prioritized when dealing with financial crime. The una via principle enables the regulator to evaluate the value of transaction, recovery of losses, and a possible systemic impact to decide whether a case can be handled administratively or through a criminal investigation to achieve efficient resolution. The implementation of these principles promotes efficient inquiries and results of restitution that will contribute to restoring public trust in financial sector and enhancing responsibility. This approach not only reduces the damage caused by financial crime but also helps create a more resilient financial ecosystem beneficial to consumers and society at large. Paper Type: Research Article
Digital divide in traditional society: A theory of justice perspective Muh. Afif Mahfud; Kadek Cahya Susila Wibawa; Dzaky Mufrih Aimaluddin Siregar; Armindo Moniz Amaral; Naufal Hasanuddin Djohan
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.v17i2.30982

Abstract

Introduction: The right to technological development for traditional communities has not been optimally fulfilled in Indonesia due to digital divide. This disparity hinders communities for improving their livelihoods and fosters systemic injustice in terms of social, economic, political, cultural and education. This issue stems from the government’s failure to prioritise digitalisation within its score development focus, leaving internet infrastructure development heavily depends on the private sector. Consequently, the state has failed to uphold the right to technological development, thereby compounding social injustice. Purpose/Study’s Objectives: This study aims to analyse the specific factors of the digital divide that impede community participation in the digital ecosystem and to construct a framework for alleviating the digital divide within justice-based communities. Methodology: This study employed a prescriptive socio-legal design integrating legal analysis with technological and sociological perspectives. Primary data were collected through field observations and semi-structured interviews with traditional community members and local government officials in South and Central Buton. The collected data were systematically evaluated using qualitative content analysis, including coding and interpretation. Findings: This study found that the digital divide in South Buton (Buton Selatan) is driven not only by policy, economic, social, and infrastructure deficits but also by geographical factors. Limited internet access severely obstructs local development and exacerbates the inequalities experienced by traditional communities. To address these problems, this study introduces a novel conceptual framework that shifts the regional development paradigm toward a digitally oriented model grounded in the principles of digital inclusion and social justice. Furthermore, it proposes a tetrahelix cooperation model to advance digital justice within the community. Paper Type: Research Article
Criminal liability of plastic surgeons for cosmetic surgeries according to Jordanian legislation: Limits of criminalization and punishment Mohammad Nasr Khater; Tareq Al-Billeh; Jessica Al-Mudanat; Tawfiq Khashashneh; Odai Al-Hailat
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.v17i2.31099

Abstract

Introduction to the Problem: This article examines the unresolved criminal-law problem created by cosmetic surgery in Jordan: the intervention may be lawful medical treatment when performed with valid consent and professional compliance, yet the same intervention may generate criminal liability when it involves intentional accepted risk, negligent harm, unlawful practice, or disregard of mandatory standards. Purpose/Study Objectives: The study clarifies when a plastic surgeon, and in some cases other medical service providers or institutions, may incur criminal liability for harm arising from reconstructive surgery, aesthetic cosmetic surgery, and medically controlled non-surgical cosmetic procedures. Design/Methodology/Approach: The study uses an analytical doctrinal legal method. It analyses the Jordanian Penal Code No. 16 of 1960, especially Articles 2, 62, 64, 343, and 344; the Medical and Health Liability Law No. 25 of 2018, especially Article 2; and selected Jordanian judicial decisions relevant to lawful medical intervention, accepted risk, negligent harm, causation, and medical error. A French appellate decision is used only as a limited comparative illustration of clinic safety and documentation. Findings: The article finds that an unsatisfactory cosmetic result does not, by itself, establish criminal liability. Liability requires a statutory basis, unlawful conduct or loss of Article 62 protection, fault or intent, causation, and legally relevant harm. The main normative gap is not the absence of general Penal Code rules, but the lack of cosmetic-procedure-specific guidance on informed consent, documentation, facility safety, adverse-event reporting, and allocation of responsibility between individual surgeons and institutions. Paper Type: Research Article
Biological nasab and sharia lineage: Child legal status in the era of reproductive technology in Indonesia Sri Nanang Kamba; Kartini Laras Makmur
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.v17i2.31197

Abstract

Introduction to the Problem: The increasing use of assisted reproductive technologies has generated complex legal challenges concerning lineage, parentage and inheritance rights in Indonesia. While advances in genetic science allow biological relationships to be established with greater certainty, Islamic family law and national regulations continue to prioritize lineage derived from lawful marriage. This divergence creates legal uncertainty regarding the status and protection of children born through assisted reproductive procedures. Purpose/Study Objectives: This study examines the normative tension between biological nasab and Islamic legal lineage in determining the legal status of children born through ART and aims to formulate a legal framework aligned with constitutional principles, child protection norms and Islamic legal values. Design/Methodology/Approach: This study employs a normative-doctrinal legal method using statutory, conceptual and case-based approaches. The analysis draws upon legislation, judicial decisions, Islamic legal doctrines and scholarly literature to examine issues of lineage, parentage, inheritance and assisted reproductive technologies. Findings: The study finds that Indonesian law has not yet developed a comprehensive regulatory framework governing the legal consequences of ART. In vitro fertilization (IVF) using sperm and ovum from a legally married couple generally aligns with existing rules on lineage and inheritance. However, donor-assisted reproduction involving sperm or ovum donation creates legal uncertainty regarding parentage, nasab attribution, and inheritance rights. Surrogacy further complicates legal interpretation, particularly concerning maternal status, guardianship, and civil registration. These ART-related categories are distinct from children born outside marriage without medical assistance and therefore require differentiated legal treatment. The study highlights the need to treat these reproductive arrangements as separate legal categories with varying implications for nasab, parentage, and inheritance. A maqāṣid al-sharīʿah-based approach is proposed as a normative framework to balance biological evidence, Islamic lineage principles and the best interests of the child. Paper Type: Research Article
Legal mechanisms for transnational crime prosecution: Some comparative insights from Vietnam and the EU legal systems Loc Thi Nguyen; Ai Nhan Nguyen
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.v17i2.31626

Abstract

Introduction to the Problem: Transnational crime has become one of the most pressing global challenges, demanding more cohesive mechanisms of international cooperation and legal enforcement. Purpose/Study Objectives: This study investigates and compares the institutional and procedural frameworks governing transnational criminal prosecution in Vietnam and the European Union (EU), with particular attention to mutual legal assistance, extradition, and cross-border evidence exchange. Design/Methodology/Approach: The research adopts a qualitative, comparative design grounded in Samuel’s (2014) theory of comparative law, drawing upon legislative texts, regional treaties, and institutional reports from UNODC, Eurojust, and ASEAN. Through this analytical lens, the study evaluates how both systems balance efficiency, sovereignty, and judicial trust. Findings: The findings reveal that Vietnam’s framework, centered on state sovereignty and diplomatic coordination, ensures national control but often suffers from procedural fragmentation and slower evidence transfer. In contrast, the EU’s supranational model – anchored in mutual recognition, direct judicial cooperation, and digital interoperability – delivers greater uniformity and timeliness, albeit with limited national discretion. Both systems, however, demonstrate strong alignment with global conventions such as UNTOC and ACTIP. Conclusion: The study concludes that Vietnam’s ongoing legal modernization could benefit from selectively adopting elements of the EU’s integrated structure, fostering enhanced efficiency, transparency, and regional judicial coherence within ASEAN’s evolving transnational justice architecture.
Neuroscience in criminal trials: A systematic review of the use of brain research in criminal justice Hernán Yonathan Barragán Huamán
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.v17i2.30615

Abstract

Introduction to the Problem: Using a systematic and interdisciplinary approach, this article examines the application of advanced neuroscientific techniques such as functional neuroimaging (fMRI, PET, EEG), neuropsychological testing, and genetic analysis in criminal trials. These tools are increasingly being used to analyze the neural correlates of defendants' behavior and mental state. Purpose/Study's Objectives: This study aims to analyze how neuroscientific evidence influences the assessment of criminal responsibility and judicial outcomes, as well as to examine the legal and evidentiary challenges arising from its use in criminal proceedings. Design/Methodology/Approach: The research adopted a qualitative approach through a systematic literature review in seven high-impact databases (Scopus, Web of Science, ScienceDirect, Springer, IEEE Xplore, EBSCOhost and ACM). including empirical studies and jurisprudential analyses published between 2012 and 2025. After a selection process in several phases and a quality assessment with the CASP (Critical Appraisal Skills Programme) tool, 58 studies were included for thematic synthesis. The review covers a variety of jurisdictions, including the United States, Western Europe, and Latin America. Findings: The findings indicate that neuroscientific evidence is presented more frequently by the defense to argue diminished capacity or mitigation of punishment, especially in cases with damage to the frontal or temporal lobes. The quantitative synthesis reveals that this evidence was cited as an influential factor in judicial decisions in 79% of the cases analyzed (equivalent to 46 out of 58 studies), predominantly leading to reduced sentences rather than total exculpation; however, the admissibility and evidentiary weight of this evidence vary significantly between different legal systems and standards (e.g., Daubert, Frye standards). Paper Type: Systematic Review Article

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