Garuda - Garba Rujukan Digital

Article Per Year (5 Year)

All

Jurnal Hukum Novelty

Novelty
Website

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 179 Documents

1 2 3 4 5

Customary Penalty Sanctions for Adultery Crimes in Temon Village, Arjosari District, Pacitan Regency Arief Budiono; Erlin Reniawati; Mira Anjar Oktaviani
Jurnal Hukum Novelty Vol 9, No 2 (2018)
Publisher : Universitas Ahmad Dahlan

Today, some Indonesian still adhere to the customs that come from their respective regions. It also includes habits that are carried out repeatedly which becomes a rule or commonly referred to customary law. Based on the philosophical aspect of customary law that lives, grows and develops in the soul of the Indonesian people in accordance with the values of the Pancasila as stated in the opening of the 1945 Constitution, the existence of customary law is very influential on customary crimes that occur in certain regions. Customary violations are still commonly found in the community, especially adultery. The implementation of customary criminal sanctions is felt to provide satisfaction and a sense of justice for some people so that the peopleâ€™s lifes can be balanced.

The Legal Analysis of Notary/PPAT Who Takes a Leave but Keep Make Legal Deed Dinnie Angraeni; Nurfaidah Said; Hasbir Paserangi; Muhammad Ilham Arisaputra
Jurnal Hukum Novelty Vol 9, No 2 (2018)
Publisher : Universitas Ahmad Dahlan

Notary and Land Registrar (i.e. Pejabat Pembuat Akta Tanah [PPAT]) are general officials authorized to make authentic deeds. If someone is serving as a notary as well as being able to carry out his position, then he must be replaced by someone else temporarily. During the leave period, the land certificate they make is not authentic. The certificate sourced from and made by Notary or PPAT Deed is an authentic one that has perfect verification power. Therefore, every Notary or PPAT in carrying out the position should always be careful and aware of the consequences that can be caused on each deed he makes.

Corporate Criminal Liability On Criminal Actions in Consumer Protection Fifid Bramita
Jurnal Hukum Novelty Vol 9, No 2 (2018)
Publisher : Universitas Ahmad Dahlan

The advancement of information technology affects the crime related to consumer protection. This impact is no longer confined to certain regions or country, but it is tranversing jurisdictional boundaries (transnational). Thus, the variety modes of the crime increase, not only used by individual, but also carried out by corporations. Criminalizing corporation is difficult, especially when related to consumer protection. Â That is because there are no legal provisions about corporateâ€™s position and its responsibility in Criminal Law in Indonesia. Consequently, this condition leads to multi interpretations and thoughts between law enforcement officers. Therefore, it is necessary to have guidelines in handling crime cases done by companies. This study employs normative juridical research method. This research concludes that after the issuance of Indonesiaâ€™s Supreme Court Regulation Number 13 of 2016 About Procedures for Handling Criminal cases done by corporations, the law enforcement officers are no longer confused on how to handle the crime.Kata Kunci: Pertanggungjawaban Korporasi, Perlindungan Konsumen.Â

Corporate Liability On Copyright Melia Septiana Ketaren
Jurnal Hukum Novelty Vol 9, No 2 (2018)
Publisher : Universitas Ahmad Dahlan

Corporate crime in the field of copyright continues to grow following the economic development of a nationâ€™s society. Therefore, the application of criminal law, starting from prevention efforts through administrative legislation, criminalization, and law enforcement efforts, must always receive serious attention. Copyright is an exclusive right for the creator or recipient of the right to announce and/or reproduce his creation or give permission for it by not reducing restrictions according to the applicable laws and regulations. The granting of criminal sanctions to corporate administrators who commit copyright crimes will not give deterrent effects to the corporation, because the loss of one and/or several employees who undergo criminal sanctions can be easily replaced by anyone and at any time. The method used in this study is Normative Jurisdiction. The results of the study show that corporations in copyright infringement must be prosecuted criminally, because the losses are very large, have multi-dimensional consequences, ranging from losses to the state, the wider community of owners or copyright holders, and create frustration that weakens the spirit of creativity.Â Kata Kunci: Pertanggungjawaban Korporasi, Hak Cipta.Â

Judicial Mafia in Criminal Justice System and Its Countermeasure Anggun Paramarta
Jurnal Hukum Novelty Vol 9, No 2 (2018)
Publisher : Universitas Ahmad Dahlan

As a way of seeking justice, the judicial mafia is an outlaw action in the criminal justice process. Thus, it leads to judicial failure that damages the independence and impartiality of the court. That is because legal engineering carried out by judicial mafia syndicate violates the principles of due process of law in the criminal justice process. The current criminal justice process shows the blurring orientation of law enforcers in an effort to uphold the law and justice where the main purpose of litigation is not to uphold the law and justice, but to winning the cases. Therefore, it is necessary to overcome judicial mafia practices in the criminal justice system. The author uses normative juridical research method. The results of the study show that the cause of the flourishing judicial mafia in Indonesiaâ€™s criminal justice system is because law enforcement officers are not able to uphold their oaths of office. Therefore, overcoming judicial mafia practices can be done by penal or non-penal.

Patent Legal Protection On Invention (Comparation Study Between Indonesia and Japan) Salsabila Khairunnisa
Jurnal Hukum Novelty Vol 9, No 2 (2018)
Publisher : Universitas Ahmad Dahlan

The development of technology is needed and cannot be separated from patent protection between WIPOâ€™s (World Intellectual Property Organization) member like Indonesia and Japan. This study discusses Indonesian patent protection law and its comparison toward invention between Indonesia and Japan. The study done through normative research methodology and analysed it comparatively. Indonesia has regulated the patent protection in Act Number 13 of 2016. The scopes are patent, simple patent, and also the period of patent protection for 20 years, while regular patent protected for only 10 years. Japan has arranged the patent protection in Japan Patent Act 21/1959 and it covers the patent and utility model. The time period for the patent protection is 20 years and for utility models is 6 years. The two countries have used common principle that is â€˜first to fileâ€™. Both nations have also required the same requirements which are the novelty of the invention, the beneficial of the product, and the invention steps. Litigation and non-litigation are the doors to resolve patent dispute.

Criminology Study on Pedophilia Prevention in Inonesia Tri Akhmad Aji Saputra; Eko Soponyono
Jurnal Hukum Novelty Vol 9, No 2 (2018)
Publisher : Universitas Ahmad Dahlan

Children are frequently victims of misconduct regarding the current widespread sexual abuse perpetrated by elders who are usually known by them, it is called pedophiles. Criminology reviews, therefore, are very crucial to analyze the crime. Pedophilia is a psychiatric disorder in which an adult experiences a primary or exclusive sexual attraction to pre-pubescent children, the cut-off point for pre-pubertal to age 13. The disorder results in sexual abuse, including Nepiophilia or Infantophilia that is sexual attraction to infants under 3 years old. Pedophiles, then, are adults of deviant sexual behavior abusing children. This study is aimed to examine and analyze criminology reviews for prevention of pedophile crime. It is normative juridical approach (statute approach), the conceptual and the comparative one. The factors of committing pedophilia are internal of the personal perpetrator, and external in which the community vastly influences on committing the crime and to shape how someone becomes a bad person or good one. Thus, to overcome the crime is to carry out pre-emptive, preventive, repressive and rehabilitative methods. In addition, one of child protection policies to anticipate child sexual abuse increase including pedophiles, the Government issued a regulation (Perpu) No. 1 of 2016 on the second amendment of Act No. 23 of 2002 of the children protection. The Government Regulation (Perpu) No. 1 then is legislated as Act 17 of 2016. Based on comparative studies of other countries, there is a voluntarily castration in which the perpetrators must be ready to be emasculated, aimed to reduce or suppress their libido. Yet, Indonesia values emphasizing Pancasila (Five Principles) must be referred: just and civilized humanity (humanism).

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.

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.

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

Page 1 of 18 | Total Record : 179

1 2 3 4 5

Filter by Year

2016 2023

Filter By Issues

All Issue Vol 14, No 1 (2023) Vol 13, No 2 (2022) Vol 13, No 1 (2022) Vol 12, No 2 (2021) Vol 12, No 1 (2021) Vol 11, No 2 (2020) Vol 11, No 1 (2020) Vol 10, No 2 (2019) Vol 10, No 1 (2019) Vol 9, No 2 (2018) Vol 9, No 1 (2018) Vol 9, No 1 (2018) Vol 8, No 2 (2017) Vol 8, No 2 (2017) Vol 8, No 1 (2017) Vol 8, No 1 (2017) Vol 7, No 2 (2016) Vol 7, No 2 (2016) Vol 7, No 1 (2016) Vol 7, No 1 (2016) More Issue

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
Fauzan Muhammadi

Contact Email
fauzan.muhammadi@law.uad.ac.id

Phone
-

Journal Mail Official
fauzan.muhammadi@law.uad.ac.id

Editorial Address
-

Location
Kota yogyakarta,

Daerah istimewa yogyakarta

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Fauzan Muhammadi

Contact Email fauzan.muhammadi@law.uad.ac.id

Phone -

Journal Mail Official fauzan.muhammadi@law.uad.ac.id

Editorial Address -

Location Kota yogyakarta, Daerah istimewa yogyakarta INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Fauzan Muhammadi

Contact Email
fauzan.muhammadi@law.uad.ac.id

Phone
-

Journal Mail Official
fauzan.muhammadi@law.uad.ac.id

Editorial Address
-

Location
Kota yogyakarta,

Daerah istimewa yogyakarta

INDONESIA