Jurnal Hukum Novelty
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.
Articles
208 Documents
<![CDATA[Kekuatan Hukum Surat Keterangan Ahli Waris Bagi Anak Luar Kawin dari Pernikahan Tidak Tercatat ]]>
<![CDATA[Erwinsyahbana, Tengku]]>;
<![CDATA[Harmita, Harmita]]>
<![CDATA[ Jurnal Hukum Novelty Vol 8, No 2 (2017) ]]>
Publisher : <![CDATA[Faculty of Law, University of Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v8i2.a5988
<![CDATA[Based on the Decision of the Constitutional Court Number 46/PUU-VIII/ 2010, a child born from an unregistered marriage may have a civil relationship with his biological father, so as to remain inherited, and to obtain legal certainty as an heir the name of the uregistered marrieage born child should mentioned as the heir. This fact is interesting to be examined and it aims to obtain answers of the legal strength of the heirsâ certificate of unrecorded marriage. This research type is juridical normative with legislation approach through the descriptive-qualitative method. The results of the study indicate that in order to obtain legal certainty, it is supposedly that the certificate of inheritance contains the name of the unrecorded marriage born child. But, this is canât be done, because there is no legislation determines that the childâs name from unregistered marriage could be contained in the letter. So, with no legislation, the certificate of inheritance containing the name of the unregistered marriage child has no legal power, and therefore it is recommended that the government immediately make a regulation concerning the inheritance certificate for the child from unregistered marriage, so it could be clear and fixed.]]>
<![CDATA[Kontekstualisasi Pendayagunaan Zakat di Badan Amil Zakat Nasional (BAZNAS) Kota Pekanbaru Berdasarkan Undang-Undang No. 23 Tahun 2011 Tentang Pengelolaan Zakat ]]>
<![CDATA[Triana, Yeni]]>;
<![CDATA[Basri, Hasan]]>;
<![CDATA[Azani, Muhammad]]>
<![CDATA[ Jurnal Hukum Novelty Vol 9, No 1 (2018) ]]>
Publisher : <![CDATA[Faculty of Law, University of Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v9i1.a7459
<![CDATA[Article 27 Paragraph (1) and (2) Â Â Law of 23 Year 2011 on management of zakat states that zakat can be empowered for the weak economic community. This article discusses contextualization, contextualization efforts, obstacles and efforts to overcome the constraints of the contextualization of utilization of zakat in Baznas Pekanbaru City based on Law of 23 2011 on Zakat Management. The results showed that the contextualization of utilization of zakat in Baznas Pekanbaru City is ijtihad conducted by amil zakat in an effort to increase the prosperity of mustahik zakat into muzaki. Article 27 Paragraph (1) and Paragraph (2) above make no clear mention of appropriate models, patterns and mechanisms regarding the utilization of zakat in the sense of empowerment, so that the contextualization ijtihad conducted by Baznas Pekanbaru City is very different from the pattern of zakat utilization in the other region. Contextualization effort is an effort to change the mindset of zakat mustahik from consumptive to be productive in accordance with the purpose of substance of zakat. These efforts should be followed with appropriate and appropriate targeted patterns of community empowerment. Contextualization efforts should have a roadmap (roadmap) as a guide for the implementation of zakat utilization. The Strategy conducted by Baznas Pekanbaru City in carrying out the above efforts is to development zakat community based or zakat community development. Obstacles and efforts to be done in overcoming these barriers are, first, the lack of public awareness in zakat, thus, its lack understanding should be overcomed by increasing the socialization of true rule (fiqh) of zakat. Second, the lack of qualified human resources should be overcomed by increasing the well understanding of zakat for amil zakat, its management, and its empowerment. Third, the inadequate barriers about zakat information systems have resulted in unintegrated of the mustahik and muzaki database, that is why, it should be complemented with the updated integration of zakat management information system.]]>
<![CDATA[Kepemilikan Tunggal Badan Hukum Perseroan Terbatas (PT) ]]>
<![CDATA[Wahyuni, Verti Tri]]>
<![CDATA[ Jurnal Hukum Novelty Vol 8, No 2 (2017) ]]>
Publisher : <![CDATA[Faculty of Law, University of Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v8i2.a6914
<![CDATA[Principally, the responsibility of shareholders based on positive law is limited to the amount of capital deposited. In accordance to Article 3 (1) of Company law number 40 year 2007, it confirms that company shareholder is not subjected to any personal liability for commitments made on behalf of company and shall not be liable for any loss exceeding its shares. The aim of this research is to figure out whether the subjective requirements of limited liability company establishment is absolute or not, and also to figure out how is the legal sanction of sole proprietorsip of a limited company. This research is a juridical normative research. The subjective requirement of limited company establishment is absolute. Limited company may be established by 2 (two) or more shareholders under the notarial deed. The legal sanction of sole proprietorship of a limited company is that the shareholder is personally liable of all company commitments and loss. The shareholders in maximally 6 (six) months after the company is legal under the notarial deed, is obliged to share part of it stock to other shareholders or the company issues a new stock to other. The shareholders are personally responsible if the shareholder is less than 2 (two) persons after 2 (two) months period given by the law.]]>
<![CDATA[Pandangan Yuridis Sosiologis Fenomena Street Justice Di Dalam Kehidupan Bermasyarakat ]]>
<![CDATA[Isnawan, Fuadi]]>
<![CDATA[ Jurnal Hukum Novelty Vol 9, No 1 (2018) ]]>
Publisher : <![CDATA[Faculty of Law, University of Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v9i1.a8032
<![CDATA[The law in peoples lives serves as a safeguard in living life. The law is present as a guardian of society. However, in fact, the law often found unimplemented. This fact will effect on providing security for the community. The Powerless of the law would lead to what so called street justice or court justice. The long way to get legal procedure grows the societyâs anger and leads them to take down the punishment by them self. The phenomenon of street justice influenced by several factors, such as the lack of law awareness and its legal compliance. In this paper, we will use empirical research with the perspective of legal sociology.]]>
<![CDATA[Hukum Islam dan Hukum Positif: Perbedaan, Hubungan, dan Pandangan Ulama ]]>
<![CDATA[Yudha, Alda Kartika]]>
<![CDATA[ Jurnal Hukum Novelty Vol 8, No 2 (2017) ]]>
Publisher : <![CDATA[Faculty of Law, University of Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v8i2.a7019
<![CDATA[Since 3 May 1924 when Islamic khilafah fell out, there are so many people with their movements who want to declare and dream the resurrection of khilafah state with Islamic law being used propely. Some of them begin with promoting sharia law to be positive law in Islamic country, and this topic has became interesting theme to be discussed ever since. Ever since, the debate among Muslims whether it is must or not to promote sharia law becomes positive law began. Â One think that the side who wanât to aplly sharia law as positive law is kafir and fasiq (this is according to al-Maidah 44, 45 and 47). The others state that itâs not has to be like that with their reasonable arguments. In our opinion, since this is still in domain of ijtihadi, the differences among them is natural to be happened.]]>
<![CDATA[Pembayaran Ganti Rugi Tanah Jalan Tol Pekanbaru-Kandis Berdasarkan Asas Kepentingan Umum ]]>
<![CDATA[Andrizal, Andrizal]]>
<![CDATA[ Jurnal Hukum Novelty Vol 9, No 1 (2018) ]]>
Publisher : <![CDATA[Faculty of Law, University of Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v9i1.a9121
<![CDATA[The land procurement by the state often raises different opinions about the form or amount of the compensation. The compensation could be done several ways like setting executive compensation, sue the legal problem to the court or others. If the mentioned above do not bring positivelty succeed, then the last alternative is done through deposit for damages to the District Court. This research deals with two problems: 1) how is the implementation of compensation of land procurement by state for highway in Pekanbaru-Kandis; 2) How is the mechanism to compensate the retribution which deposited at the district court. This research approached by legal empirical study and viewed with sociology of law. The results are that the compensation of land authorization by state is done in January 2016 which covers 133 areas. In the case of land mastery dispute and its compensation has been deposited in the district court, it could be taken at court secretariat after the court verdict or based on peace agreement along with cover letter from The Chief Executive of Land Procurement/National Land Agency.]]>
<![CDATA[Pemisahan Pertanggungjawaban Perampasan Barang dalam Penguasaan Pihak Ketiga yang Beritikad Baik dalam Putusan Tindak Pidana Korupsi ]]>
<![CDATA[Umara, Nanda Sahputra]]>
<![CDATA[ Jurnal Hukum Novelty Vol 8, No 2 (2017) ]]>
Publisher : <![CDATA[Faculty of Law, University of Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v8i2.a7027
<![CDATA[Considering the development of modus operandi on crime of corruption, the quality of law enforcement in eradicating corruption needs to be increased. Many people are violated his rights over the lack of the duty and the responsibility of law enforcer. As in the verdict no. 42 / Pid.B / TPK / 2012 / PN.JKT.PST. Whereas in this verdict the judge shall also impose a crime in the form of the appropriation of certain goods against a good faithful third party, whereas confiscation is an additional criminal sanction under Article 10 of the Criminal Code and Article 18 of Law Number 31 Year 1999 jo. Law Number 20 Year 2001 on the Eradication of Corruption. In the criminal law conception criminal liability can only be charged to a person who has previously committed a crime. that in this Decision, according to the judge, the author has mistakenly applied the law to a good third party. should the seizure of a third party in this decision not be imposed through the criminal justice system but with other legal mechanisms outside the penal law both civil and administrative, because in principle the accountability in criminal law is based on in personam mechanism, therefore need to be separated from the concept of responsibility in the seizure of goods in the possession of a well-intentioned third party.]]>
<![CDATA[Perdagangan Internasional dan HAM: Relasinya dengan Sustainable Development ]]>
<![CDATA[Prakasa, Satria Unggul Wicaksana]]>
<![CDATA[ Jurnal Hukum Novelty Vol 9, No 1 (2018) ]]>
Publisher : <![CDATA[Faculty of Law, University of Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v9i1.a9224
<![CDATA[Industrialization and export and import activities between countries around the world in this era of globalization. the issue of sustainable development in which the trade also related with physical and environmental aspects, but also considers the benefits and security of the man himself. Many facts encountered that some cases were found, the non-compliance of transnational corporations to pay attention to the principles of human rights fulfillment. Legal issues raised: (1) provisions on international trade, environment, and human rights. (2) case analysis related to international trade, environment and human rights. The research method used statue approach, conceptual approach, and case approach. Research results: (1) Countries are expected an important role in securing how the effects of human rights violations resulting from international trade activities can be minimized in such a way through the principles to protect, and respect for the human rights of citizens. Thus, the public benefits from many international trade activities conducted by the state. as well as sustainable development is also realized through the principle of remedy for transnational corporations found to have done environmental damage and accompanied by human rights violations in its business activities. (2) In the cases presented, it has proved that transnational corporations directly commit human rights violations and environmental destruction, to threats to the state sovereignty process. This issue needs to be addressed in the enforcement of international legal mechanisms. In the extraterritorial courts decision, it is difficult for plaintiffs who are victims of justice and accountability for human rights violations and environmental damage.]]>
<![CDATA[Implementasi Corporate Sosial Responsibility PT Riau Crumb Rubber Factory terhadap Masyarakat Kelurahan Sri Meranti Kota Pekanbaru ]]>
<![CDATA[Shandy Utama, Andrew]]>;
<![CDATA[Rizana, Rizana]]>
<![CDATA[ Jurnal Hukum Novelty Vol 8, No 2 (2017) ]]>
Publisher : <![CDATA[Faculty of Law, University of Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v8i2.a6884
<![CDATA[A company that carries out its business activities in the field and/or related to natural resources is obliged to carry out its Corporate Social Responsibility (CSR). This research was conducted at PT Riau Crumb Rubber Factory which is located in Sri Meranti Village. Raw rubber production activities into semi-finished rubbers have been routinely generating pollution for the environment and society, such as air pollution and water pollution. The problem is how the implementation of CSR PT Riau Crumb Rubber Factory to the community of Sri Meranti Village in Pekanbaru City? What are the obstacles and the legal effort based on Riau Province Regional Regulation Number 6 Year 2012? This research is a sociological law research. Source of data used in this research is primary data and secondary data. Data collection techniques used in this study are observation, interview, and literature study. Data analysis technique used in this research is qualitative analysis. The result of this research is PT Riau Crumb Rubber Factory has implemented CSR, but has not fulfilled the expectation the community of Sri Meranti Village because it is not comparable with the pollution and environmental damage caused by the companys operational activities. The obstacle from the company side is the limited budget of CSR funds owned by PT Riau Crumb Rubber Factory to be able to meet all the needs of the community, while from the community side is the lack of legal knowledge of the community of Sri Meranti Village about CSR. The legal effort is that if PT Riau Crumb Rubber Factory does not implement CSR, the community of Sri Meranti Village can convey their aspirations to the DPRD of Riau Province for the company to be recommended to get administrative sanction from the government, such as the suspension of operational license of the company.]]>
<![CDATA[Utang dan Pengakhiran Perjanjian Secarap Sepihak (Studi Kasus Perjanjian Konsultan PT. Garuda dan PT. Magnus ]]>
<![CDATA[Noviyanti, Awalia]]>;
<![CDATA[Dewanto, Mukti Fajar Nur]]>
<![CDATA[ Jurnal Hukum Novelty Vol 9, No 1 (2018) ]]>
Publisher : <![CDATA[Faculty of Law, University of Ahmad Dahlan ]]>
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DOI: 10.26555/novelty.v9i1.a9223
<![CDATA[This article aims to analyze the existence of the debt in reciprocal agreement between PT. Garuda and PT. Magnus, and about the termination of agreement which set aside article 1266 Civil Law unilaterally whether could cancel debt payment obligation or not. This research is normative research which observes the data that correlated to agreement, debt, act againts the law, and termination of agreement which set aside the article 1266 Civil Law. The approach of this article is statute approach which review the data that have correlation with law of agreement and termination of agreement, and case approach. It is the case of PT. Garuda and PT. Magnus. The data collection was done by library research that observing the data about law of agreement and termination of agreement. The result of research shows that there must be approval from each party in reciprocal agreement. Thus, the debt of PT. Garuda to PT. Magnus is the obligation that must be fulfilled due to PT. Magnus has worked maximally to complete its obligation. In other side, the termination of law which set aside article 1266 Civil Law is act againts the law, therefore the obligation to pay the debt must be done, in the reason of there is indemnification in act againts the law.]]>
