Jurnal Hukum Novelty
ISSN : 14126834     EISSN : 25500090
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 43 Documents
Problematika Teori Hukum, Konstruksi Hukum, dan Kesadaran Sosial

Isdiyanto, Ilham Yuli ( Universitas Ahmad Dahlan )

Jurnal Hukum Novelty Vol 9, No 1 (2018)
Publisher : Faculty of Law, University of Ahmad Dahlan

Show Abstract | Original Source | Check in Google Scholar | Full PDF (999.422 KB) | DOI: 10.26555/novelty.v9i1.a8035

Abstract

This theoretical-normative study aims to determine the problematic use of legal theory and its impact on the construction of the law itself. This is very important because the construction of todays law has not created a social awareness of the law so that law enforcement becomes difficult. The discussion in this study raises several issues to be studied, such as; what is the dependencies pattern between law and social awareness? Then how to reconstruct them in the current of the Theory of Law? And the last is; what is the proper direction of legal creation? The results of this study conclude: First, the problem of alienation and distortion between law and society is just like an iceberg phenomenon because the main problem lies within the understanding theoritical of the law itself. Second, the relationship between law and social awareness is the dependence relationship, where the legal product must reflect social awareness so that the actualization of the law is accepted by society as its need. Third, discussing the correlation between law and society is not enough with normative thought (prescriptive), but also empirical (descriptive), so the theory of law plays a very important role to bring this multidisciplinary understanding back to normative thought that prescriptive. Fourth, the legal product which is not based on normative thought is very dangerous because it will be very liberal and far from social morality based on social values, thus there will be alienation and distortion between law and society, or in other words law does not reflect the social awareness.

Penggunaan Hak Angket Oleh DPR RI Dalam Mengawasi Kebijakan Pemerintah

Subardjo, Subardjo ( Fakultas Hukum Universitas Ahmad Dahlan )

Jurnal Hukum Novelty Vol 7, No 1 (2016)
Publisher : Faculty of Law, Universitas Ahmad Dahlan

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Abstract

Inquiry rights is the right of Parliament to conduct an investigation on the implemen-tation of a law or government policies relating to the important things, strategically, and im-pacted peoples lives, nation, and state that allegedly contrary to the legislation. The rights, in its use is different between Law No. 6 of 1954 and Law No. 27 of 2009, both the implementation and the effectiveness in controlling government policy.This paper used sociological juridical approach by outlining the legislation related to inquiry rights and analyzing sociological aspect of the use of the inquiry rights by the members of Republic Indonesia Parliament.In conclusion, the inquiry rights of  Parliament members has been used normatively and tend to be political, they just want to be safe by sheltering under the government power to get something or sheltering on behalf of the people to draw sympathy, so that in the next election they could boost the votes.

Urgensi Pengaturan Perkara Constitutional Complaint Dalam Kewenangan Mahkamah Konstitusi

Nugroho, Rahmat Muhajir ( Universitas Ahmad Dahlan )

Jurnal Hukum Novelty Vol 7, No 1 (2016)
Publisher : Faculty of Law, Universitas Ahmad Dahlan

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Abstract

ABSTRACTThis study aimed to evaluate the mechanism for settling disputes in the Constitutional Court containing elements of constitutional complaint. In particular, this study focused on two things: first assessing the urgency/ importance of the idea of setting constitutional complaint in the Constitutional Courts authority. Secondly, to formulate recommendations on setting constitutional complaint in the Constitutional Courts authority.The method used in this research is descriptive qualitative. This type of research is a doctrinal law. This research studied the concept and implementation of the judicial settlement of cases that contain elements of constitutional complaint (complaint constitution) by the Constitutional Court.The conclusion of this study is an important constitutional complaint mechanism is contained within the competence of the Constitutional Court to solve problems of injustice experienced by citizens as a result of public policies undertaken by the government in a broad sense, namely the executive, legislature and judiciary. Setting constitutional complaint within the competence of the Constitutional Court does not have to be explicitly stipulated in the constitution, but enough in the explanation of the Constitutional Court Act. That is not to add direct authority of the Court, but expand the meaning of the authority of the Court in testing the law.

Relevansi Kebijakan Penetapan Pidana Kerja Sosial Dalam Sistem Pemidanaan di Indonesia

Sugiharto, Gatot ( Fakultas Hukum Universitas Ahmad Dahlan )

Jurnal Hukum Novelty Vol 7, No 1 (2016)
Publisher : Faculty of Law, Universitas Ahmad Dahlan

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Abstract

Community service order as a kind of sanctions has been applied in some countries for the misdemeanor and violation. In some European countries, a community service order based on the theoretical and practical studies can be an alternative to criminal deprivation of liberty. According to Tongat as stated in his book entitled Pidana Kerja Sosial dalam Pembaharuan Hukum Pidana Indonesia, published Djambatan publisher in 2001, Indonesia is currently reforming the criminal law. He stated that the international tendency becomes significantly valuable and, indeed, has been transformed in the concept of criminal law reform in Indonesia. The conceptual transformation of the referred criminal law can be seen from the adoption of community service order in the new draft of criminal code. This paper examines the relevance of the community service order in the criminal prosecution system in Indonesia that is expected to contribute to ideas in the field of law, especially in the field of criminal law and criminal prosecution system in Indonesia by examining how the new draft of criminal code adopt the community service order as one of the alternative types of sanctions.

Pergeseran Kompetensi Absolut PTUN Dalam Sistem Hukum Indonesia

Heriyansyah, Despan ( Pascasarjana Hukum, Universitas Islam Indonesia )

Jurnal Hukum Novelty Vol 8, No 1 (2017)
Publisher : Faculty of Law, Universitas Ahmad Dahlan

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Abstract

Keberadaan diskresi disatu sisi memang memberikan manfaat bagi pejabat administrasi untuk mengatasi stagnasi pemerintahan. Dengan diskresi memungkinkan seorang pejabat pemerintahan untuk mengeluarkan kebijakan meskipun tidak ada peraturan perundang-undangan yang menjadi payung hukum dikeluarkannya kebijakan itu. Namun di sisi lain, diskresi apabila tidak digunakan sesuai dengan prosedur dan persyaratan yang telah ditentukan akan membuka peluang terjadinya penyalahgunaan wewenang oleh pejabat pemerintahan, yang tentu saja akan merugikan warga negara sebagai korbannya. Permasalahan dalam penelitian ini adalah, pertama, benarkah diskresi menjadi buah simalakama terhadap penyelenggaraan pemerintahan? Kedua, Bagaimana problematika penerapan diskresi dalam peraturan perundang-undangan di Indonesia pasca UU No 30 Tahun 2014 tentang Administrasi Pemerintahan? Penelitian ini merupakan penelitian doctrinal yang menggunakan bahan hukum primer dan bahan hukum sekunder. Metode pendekatan yang digunakan yakni pendekatan normatif. Hasil penelitian menyimpulkan bahwa, petama, diskresi telah menjadi buah simalakama penyelenggaraan pemerintahan karena di satu sisi dapat mengatasi stagnasi pemerintahan namun di sisi lain membuka peluang terjadinya penyalahgunaan wewenang. Kedua, ada banyak masalah yang ditimbulkan pasca disahkannya UU No 30 Tahun 2014 tentang Administrasi Pemerintahan khususnya yang berkaitan dengan diskresi.

Pertanggungjawaban Pidana Oleh Korporasi Dalam Tindakan Pelanggaran HAM di Indonesia

Yustitianingtyas, Levina ( Fakultas Hukum Universitas Hang Tuah )

Jurnal Hukum Novelty Vol 7, No 1 (2016)
Publisher : Faculty of Law, Universitas Ahmad Dahlan

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Abstract

This law research focuses on the issue of how the corporate criminal liability for human rights violations in Indonesia is. The method used is normative juridical. This research concluded that first, the corporate criminal liability for human rights violations is necessary, not only because sometimes countries are not prepared and do not have power to convict the corporation by reason of fear to bear the negative economic consequences, but also because the corporation is proved able to commit human rights violations that cause remarkable and prolonged negative effects, second, the protection of human rights in Indonesia has not maximally implemented yet until now because  the recognition of the corporation as the subject offense in violations of human rights will have implications for the formulation of participation in criminal acts, limitation of liability, and other forms of criminal sanctions.

Tanggung Jawab Pidana Korporasi Rumah Sakit

Buamona, Hasrul ( Praktisi Hukum (Advokat) )

Jurnal Hukum Novelty Vol 7, No 1 (2016)
Publisher : Faculty of Law, Universitas Ahmad Dahlan

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Abstract

Hospital is an institution that provides comprehensive health services on preventive, promotive, curative and rehabilitative to the public at largeas regulated in Article 1 (3) of Law Number 44 Year 2009 About the Hospital, which says "Comprehensive health services are health services which include promotive, preventive, curative, and rehabilitative services. In addition, the hospital is an institution that dense of capital, technology and human resources, so it could potentially cause problems both internally and externally. The hospital previously regarded as a social institution that provides medical assistance to the public, but in the present position of the hospital has experienced changes, which had shaped a social institution become an institution in the form of a corporation incorporated under the law which have the rights and obligations as a legal person (rechts persoon) that lead to a dominant profit-seeking health services. Issues that have sprung up in the present, in case of medical errors by physicians or health workers who work in hospitals and provide economic or moral benefits, patients litigate doctors, especially criminal law, and never asked the corporate criminal liability of hospital that the establishment has a legal entity (rechts persoon). That issue makes the writer interested in reviewing whether the hospital as a corporation can be held criminally liable. The result of this study showed that the hospital can be held criminally liable because a hospital as a corporation is a legal person (rechts persoon) who have rights and obligations as well as a natural person (naturlijke persoon). Besides, the legal doctrine of Vicarious Liability and Strict Liability hold that there can be a person liable for the actions of his employees as far as the employment relationship in a hospital/corporation.

Undang-Undang Pornografi Dalam Tinjauan Politik Hukum Pidana

Khakim, Mufti ( Fakultas Hukum Universitas Ahmad Dahlan )

Jurnal Hukum Novelty Vol 7, No 1 (2016)
Publisher : Faculty of Law, Universitas Ahmad Dahlan

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Abstract

Advances in technology has a big contribution in the spread of pornography, even it has a considerable advantage for the business of pornography. On the other hand, emerging social restless and the government will also impact negatively on pornography especially with regards to the mentality of the young generation. Nowadays, pornography can be enjoyed by all people start from children to the elders by the help of technology it makes easier for people to access this site.The offenses of pornography set in Law Number 44 of 2008 was full of controversy even after have been set, it still reap the rejection of the society. The Government considers that it is time for pornography to regulate specifically so it will not cause restless in the community even though its been many laws offering pornography. Dangers of pornography take a big part in the mental damage of the young generation it becomes a specific reason why this case needs to be set firmly.In  the politics of criminal law view, it is necessary to study in-depth whether the govern-ments action to regulate pornography in a special law by imposing criminal sanctions are appropriate with the prospects of the people. Regulation of pornography needs to be completed perfectly or it will be better if the regulation be eliminated completely. Conclusions taking technique of this study is using deductive analysis.

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)

Prabowo, Muhammad Rikaz ( Magister Kenotariatan Universitas Gadjah Mada )

Jurnal Hukum Novelty Vol 7, No 1 (2016)
Publisher : Faculty of Law, Universitas Ahmad Dahlan

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Abstract

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 MKN’s roles and to discussnotaries’ 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 “the phrase of the MPD’s approval” 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 Notaries’ 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 2004  concerning Notaries-functions (UUJN-P) stipulates this provisions as refusal-obligations which mean that it must be executed imperatively, based on the Article 4 paragraph  (2), the Article 16 paragraph  (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.

Otoritas, Keberlanjutan dan Perubahan Fikih Dalam Pandangan Wael B. Hallaq

Rofiq, Muhammad ( Fakultas Ilmu Sosial dan Politik Universitas Muhammadiyah Yogyakarta )

Jurnal Hukum Novelty Vol 7, No 1 (2016)
Publisher : Faculty of Law, Universitas Ahmad Dahlan

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Abstract

The existence of fiqh becomes one of the intellectual and integrated treasures in thedaily practices of Moslem. Thus, it has been internalized in the understanding of both the authors and the readers. The existence of fiqh that has been rooted since the beginning of Islam to the recent days has encouraged many scholars to study, research, and conduct several explorations. One of the scientists who are concerned about studying Islamic law is Wael, an orientalist whom views are considered to be sympathetic to Islam. In the study of fiqh, Wael presents new findings related to the authority and sustainability of Islamic law in the framework of madhhabs that he has studied. He concluded that the stagnation of Islamic law has never occurred. Indeed, it continues its progress from time to time. According to him, the statement that the door of ijtihad of having been closed is wrong. Thence, it becomes new thing in the intellectual world of Islam, which was once known as experiencing stagnation with the closing of ijtihad. Wael B. Hallaq examined specifically through intellectual work in three madhhabs of Islamic law, namely Thabaqat with historical analysis. He found a hierarchy of authority madhhab followers that he broke down from Thabaqat Maliki, Shafii and Hanafi.However, the established new characteristics which he discovered by shifting anti-taklid paradigm in Islamic law. The division of authorities that he described can be seen as a positive side of taklid. It becomes the point of the criticism, in which talkid should be the parameter of stagnation or sustainability of the law madhhabs in Islam. Therefore, the study conducted by Wael needs to be interconnected using other approaches to make it into amore comprehensive corrections.