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Jurnal Hukum Novelty

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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.

Arjuna Subject : -

Articles 226 Documents

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The Manifestation of Indonesian Democracy; Between Pancasila State of Law and Islamic Nomocracy Sarip Sarip
Jurnal Hukum Novelty Vol 9, No 2 (2018)
Publisher : Universitas Ahmad Dahlan

The state of Pancasila law is a tool for people who have the power to regulate human relations in society and regulate the symptoms of power in society. As a country with the largest Muslim population in the world, Indonesia does not make Islam its legal basis. The Islamic Nomocracy and its values are embedded in the state of Pancasila law, as well as manifestation of democracy itself. Through these hyphoteses, the writer tries to find a common flateform between Pancasila and the Islamic Nomocracy in the formation of Indonesian democracy. This classic problem requires special attention, because the debate always triggers reactions and actions. Islam as a religion with complex system of living is believed to be a powerful mechanism in dealing with various life problems encountered. The Shariâ€™ah consists of a combination of pre-Islamic customs and habits with principles and laws originated from the Qurâ€™an and authentic prophetic tradition. Islamic scholars try to form Islamic teachings as ethical and national policies. Even so, the principle of the Pancasila state was accepted as final, at least there were Islamic nomocracy values embedded in the Pancasila while at the same time they contributed to build Indonesiaâ€™s democracy as a modern country. The theological values in the Pancasila and islamic nomocracy should not be a mere formal rule, but should address the substance of democracy in Indonesia. The rule of law must be supported by a democratic system because there is a clear correlation between the rule of law which relies on the constitution, and the sovereignty of the people which is carried out through a democratic system. In a democratic system, peopleâ€™s participation is the essence of this system. However, democracy without legal regulation will lose form and direction, while law without democracy will lose meaning.

Mediation in the Conflict of Legislation Resolution based on the Regulation of the Minister of Law and Human Rights Number 2 of 2019 Syafrizal Syafrizal; Muhammad Kamil Akbar; Rahmad Ramadhan Hasibuan
Jurnal Hukum Novelty Vol 10, No 2 (2019)
Publisher : Universitas Ahmad Dahlan

Introduction to The Problem: The authority possessed by the Ministry of Law and Human Rights after the enactment of Permenkumham No. 2 of 2019 this then raises problems both juridical and theoretical. Because it was explored further, no formula was found that regulates the authority of the Ministry of Law and Human Rights (in this case the Directorate General of Legislation) to harmonize legislation through mediation, both in Law No. 39 of 2008 concerning the State Ministry and Presidential Regulation No. 44 of 2015 concerning the Ministry of Law and Human Rights. In addition, the mediation mechanism used in resolving the harmonization of laws and regulations is a mistake, because it is not appropriate if the mediation mechanism is applied in the harmonization of laws and regulations that are public (public).Purpose/Objective Study: This paper objects are about the authority of the Minister of Law and Human Rights in the formation of Permenkumham No. 2 of 2019 and whether the Ministry of Law and Human Rights has the authority to mediate the disharmony of laws and regulations; then the next discussion about the mechanism and legal impact arising from the mediation.Design/Methodology/Approach: This paper used qualitative research method with juridical-normative as an analysis approach.Findings: the statutory regulations which are used as a basis to remember in Permenkumham No. 2 of 2019 no explicit delegation was found which ordered the formation of Permenkumham No. 2 of 2019, including the formulation which regulates the authority of the Directorate General of Legislation in completing the disharmony of legislation through mediation. Then in the case of mediation mechanism is a mechanism that is usually applied in cases that are private, where the parties act for and on their own behalf. so it becomes strange if mediation is used in resolving conflicting norms of laws and regulations which norms generally regulate, moreover the results of the mediation do not have binding legal force and do not provide legal impact on the validity of the norms of the agreed laws and regulations.Paper Type: Research Article

Pembaharuan Hukum Keluarga Serta Dampaknya Terhadap Pembatasan Usia Minimal Kawin dan Peningkatan Status Wanita Muhammad Nur Hasan Latief
Jurnal Hukum Novelty Vol 7, No 2 (2016)
Publisher : Universitas Ahmad Dahlan

Hukum keluarga Islam pada pertengahan abad ke 20 mulai mengalami reformasi. Turki menjadi negara pertama yang mereformasi hukum keluarga diikuti oleh Mesir. Hingga saat ini hukum keluarga Islam terus mengalami pembaharuan. Keberanjakan hukum keluarga Islam dari fikihÂ konvensional menuju undang-undang kontemporer disebabkan aturan dalam kitab fikih konvensional dianggap sudah tidak mampu lagi memberikan solusi terhadap berbagai masalah yang ada. Pembaharuan hukum Islam mempunyai berbagai tujuan yang salah satunya yaitu untuk untuk melindungi dan meningkatkan derajat kaum perempuan juga memperkuat hak-hak anggota keluarga. Berbagai peraturan diterapkan untuk melindungi hak-hak perempuan. Salah satunya yaitu dengan membatasi usia minimal perempuan boleh kawin.

Ironi Perdagangan Manusia Berkedok Pengiriman "Pahlawan Devisa Negara" Mustika Prabaningrum Kusumawati
Jurnal Hukum Novelty Vol 8, No 2 (2017)
Publisher : Universitas Ahmad Dahlan

Human trafficking disguised as shipping heroes of countrieâ€™s foreign exchange occured because the government does not exercise its function properly. The existence of Indonesiaâ€™s Criminal Law Book (KUHP), The Act of 39 Year 2004 About Placement and Protection of Indonesian Labor, The Act of 21 Year 2007 About Eradication of Human Trafficking, as well as several other laws are expected to be optimally applied. In connection with the shipment of labors that disguise as heroes of countrieâ€™s foreign exchange, it is urgent to prevent it comprehensively and integrally which covers: direct prevention, indirect prevention, prevention with some environment restoration, and prevention through the attitude upgrading.

A Juridical Analysis of Death Penalty for Narcotics Abuse Paras Setio
Jurnal Hukum Novelty Vol 9, No 2 (2018)
Publisher : Universitas Ahmad Dahlan

Narcotics abuse is currently one of the biggest problems in Indonesia. The dangers posed by Narcotics Abuse have harmed the nationâ€™s young generation, therefore the Government continues to strengthen law enforcement regarding the issue of Narcotics abuse. The usage of narcotics is currently regulated in acts number 35 of 2009. In the acts, the government implements maximum sanction in the form of death penalty to certain categories of narcotics abuse. Until 2016, there were 55 perpetrators of narcotics related crimes who had been sentenced to death by Indonesian courts. This research aims to explore the judgesâ€™ considerations as well as the obstacles they face in implementing death penalty to narcotics abusers. This research was conducted in the District Court of Magetan. Data was collected from primary and secondary data sources in the form of library studies and field studies. The sampling method used was purposive sampling to determine a judge of the District Court of Magetan who had sentenced narcotic abusers to death as the respondent. Furthermore, the approach of this research is sociological juridical approach. The collected data were analysed using qualitative descriptive method. This study reveals that the judges based their decision to pass death sentence on the act No 35 of 2009. In addition, the judge also took several juridical factors and sociological facts into considerations. The judge did not find any obstacles in passing death penalty because the case examiners agreed to impose death penalty.

Legal Protection of Incest Victims Who Have an Abortion Achmad Prasetya Syailendra
Jurnal Hukum Novelty Vol 10, No 2 (2019)
Publisher : Universitas Ahmad Dahlan

Introduction to The Problem: Rape crime is a kind of violence against women in male sexual interests which show the position of vulnerable women. This gender-based violence is often caused by inequalities power in society or family. The annual report 2017 by the National Commission on Violence Against Women from sexual violence in private/personal sector, incest were the most reported cases as much as 1.210 cases. The incest case eventually spread to other criminal cases, for example, forced abortion by his family or the surrounding environment. The most detrimental impact of rape is pregnancy. Many rape victims can not bear the shame and disgrace; therefore, they prefer to stop their pregnancy or abortion even though abortion is illegal in Indonesia. Thatâ€™s why legal protection of rape victim is needed, especially when the victim has an abortion.Purpose/Objective Study: This research aims to re-reflect the legality of abortion laws which regulated in Indonesian law. Furthermore, this research also reviewing legal protection for incest rape victims who are forced to have an abortion.Design/Methodology/Approach: This research is using a qualitative method with a normative judicial approach. The approach is carried out by examining library materials or secondary data as a basis for review, such as regulations and literature relating to the problem. The data is parsed in a descriptive narrative structured and coherent explanation.Findings: The rules regarding abortion in Indonesia are various, starting from those that are fully prohibited, to regulations which stated the exceptions. The rules are stated in the Criminal Code which fully prohibits abortion. While another rules legalizes the abortion for certain exceptions. Through these laws and regulations, Indonesia became a country which on the one hand absolutely prohibited abortion and on the other hand allowed abortion only for three cases, there are protecting the lives of mother, protecting fetus, and victim of rape. Abortion due to incest rape needs to be given forgiveness for the condition of the victim in charging the penalty. The psychological impact is more severe when keeping the baby because if the victim sees and raises the baby in a state of being unprepared and depressed it has bad consequences for the baby and the mother. When the victim sees the baby it will cause trauma, remembering the incident, thus will not treat the baby well and the babyâ€™s growth and development will not good either.Paper Type: Research Article

Perlindungan Hukum Pemanggilan dan Pengambilan Minuta Akta Notaris Paska Berlakunya UU No. 2 Tahun 2014 Tentang Perubahan Atas UU No. 30 Tahun 2004 Tentang Jabatan Notaris (UUJN-P) Muhammad Rikaz Prabowo
Jurnal Hukum Novelty Vol 7, No 1 (2016)
Publisher : Universitas Ahmad Dahlan

This paper discusses legal protection for Notaries-Function; in terms of the request upon the copies of the deed minuta, Notarial-deeds protocol, and the calling of Notaries-vocation in legal processes. The identification of the problemis to understand mechanisms of legal protections for Notaries and MKNâ€™s roles and to discussnotariesâ€™ refusal rights and refusal obligation. Based on the literature review and studies on the literatures and legal resources, it can be concluded that: First, the mechanisms of legal protection for request upon the copies of the minuta, the protocol takin of the notary, and the calling of notary for investigation purposes, by investigating-officers, public-prosecutors and judges- require approval of the Regional Supervisory Council as stated in Article 66 paragraph (1) Act Number 30 2004. In 2013 â€œthe phrase of the MPDâ€™s approvalâ€ is canceled by Constitutional Court through the decree number 49/PUU/X/2012 for not having legal binding. Second, the MKN is a new agency formed with the establishment of the Act Number 2 2014 concerning the amendment of the Act Number 30 2004 concerning Notariesâ€™ functions (UUJN-P). One of MKN authorities was similar with authorities of the MPD before it was revoked by the MK in 2013. However, the MK had not been established because the Permenkumham on MKS was still being harmonized. Third, the Refusal-Rights are rights for not speaking and giving any statements related to deeds, as a witness in prosecutions and courts. These rights are based on Articles in the Acts, such as the KUHAP, KUH Perdata, HIR and the Act Number 5 1986 concerning state administrative law. The Act Number 30 Year 2004Â concerning Notaries-functions (UUJN-P) stipulates this provisions as refusal-obligations which mean that it must be executed imperatively, based on the Article 4 paragraphÂ (2), the Article 16 paragraphÂ (1) letter f, and the Article 54 clause (1). The violation of these obligations shall be the subject to administrative sanctions ranging from warning up to dishonorable discharge by the UUJN-P. Criminal sanctions rely on general provisions of through KUHAP, especially the Article 322 concerning violations for divulging confidential information giving away in functions.

Fatwa di Indonesia: Perubahan Sosial, Perkembangan dan Keberagamaan Niki Alma Febriana Fauzi
Jurnal Hukum Novelty Vol 8, No 1 (2017)
Publisher : Universitas Ahmad Dahlan

Dalam tulisan ini saya akan mendiskusikan tentang fatwa di Indonesia, terutama sejarah, perkembangan, keberagaman dan penggunaannya sebagai instrumen perubahan sosial. Sebagai negara dengan penduduk Muslim terbesar di dunia, Indonesia telah memainkan peran penting dalam pengembangan pemberian fatwa.Â Sebelum institusi fatwa muncul di Indonesia pada abad ke-20, Muslim lokal Indonesia telah meminta fatwa kepada salah seorang grand mufti di Arab Saudi. Akan tetapi selama satu abad terakhir ini, paling tidak telah ada tiga institusi fatwa dan juga dua fatwa individual yang telah muncul dan memberikan fatwa kepada Muslim Indonesia. Kesimpulan saya dalam tulisan ini adalah bahwa fatwa di Indonesia lebih beragam pada sisi konten dan otoritas pemberinya dibandingkan di negara Islam yang lain. Selain itu fatwa di Indonesia tidak hanya menjadi sumber tuntunan keagamaan, tetapi juga menjadi instrumen penting perubahan sosial dalam masyarakat.

Ilmu Hukum Sebagai Keilmuan Perspektif Paradigma Holistik Arief Budiono; Wafda Vivid Izziyana
Jurnal Hukum Novelty Vol 9, No 1 (2018)
Publisher : Universitas Ahmad Dahlan

The thought of law science today is getting stagnant and being doubtful because it tends to be mainstream positivistic. Positivism paradigm is a rigid paradigm, autonomous, and the law becomes merely a law that reduces the law itself to be simple, linear, mechanistic and deterministic then it raises the condition that positive justice is a procedural justice and not an essential justice. The positivist concept produces an incomplete legal study and then it is being dry, stiff and unable to explain the reality. Such of this condition causes an anxiety then the law science requires a shift paradigm so that there is no gap between Das Sein and Das Sollen. Therefore, the holistic paradigm has become the choice for legal science to be genuine science and signifies that the real science of law is not static but dynamic. This paradigm is an effort to formulate the science of law as a unity of science which is full of values and philosophy to reveal truth and justice to the level of meaning.

The Mortgage Right as MurÄbaá¸¥ah Financing Security Reni Anggriani; Galang Rizki; Wida Febriansyah
Jurnal Hukum Novelty Vol 10, No 1 (2019)
Publisher : Universitas Ahmad Dahlan

Introduction to The Problem: In order to guarantee the legal certainty for the Islamic banking customer in murÄbaá¸¥ah financing is the requirement of mortgage right. The bank customer may use mortgage right as collateral in murÄbaá¸¥ah financing. Furthermore, the right can be implemented in the indebtedness, which is different from debt.Purpose/Objective Study: This research aims to find out the contract (al-â€˜aqd) that is used by the shariah bank to implement the mortgage rights in murÄbaá¸¥ah financing.Design/Methodology/Approach: This study is normative juridical research with emphasis beginning on a legal event and then looking for references to a norm system. Therefore, this legal research is conducted by examining primary and secondary legal materials, and non-legal materials relating to the application of Mortgage Rights in Financing, especially for murÄbaá¸¥ah financing. In this study, the approach was the statute approach by examining all laws and regulations relating to legal issues, and case approach by examining several cases that have a relationship with the legal issues to be discussed.Findings: The result of this study is that the implementation of mortgage right in murÄbaá¸¥ah financing is the possibility of using another contract made by sharia banking with its customers; the contract of acknowledgment of debt. This basis is used as the justification of the implementation of mortgage rights in murÄbaá¸¥ah financing.

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Fauzan Muhammadi

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