Jurnal Hukum Novelty最新文献_第4页

Reviewing Information and Electronic Transaction Act from a Convention on Cybercrime of 2001 从2001年《网络犯罪公约》中回顾《信息与电子交易法》

Jurnal Hukum Novelty Pub Date : 2021-10-05 DOI: 10.26555/NOVELTY.V12I2.A17679

WahyuPriyanka Nata Permana

{"title":"Reviewing Information and Electronic Transaction Act from a Convention on Cybercrime of 2001","authors":"WahyuPriyanka Nata Permana","doi":"10.26555/NOVELTY.V12I2.A17679","DOIUrl":"https://doi.org/10.26555/NOVELTY.V12I2.A17679","url":null,"abstract":"Introduction to the Problem: This research analyses the norms of substantive criminal Law regarding Information and Electronic Transaction Act Number No. 11 of 2008 in conjunction with Bill Number 19 of 2016 on Amendments to Information and Electronic Transactions Act No. 11 of 2008 and its compliance with the Convention on Cybercrime, 2001. Purpose/Objective Study: This research aims to analyze the conformity of offenses, criminal liability, and criminal sanction in the Information and Electronic Transaction Act (IETA) to the principles promulgated in the Convention on Cybercrime, 2001. Design/Methodology/Approach: This research is a normative legal study using statute and conceptual approaches. Findings: This study concluded that, in general, offenses regulated in IETA had confirmed the Convention. Nevertheless, the provision of computer-related fraud in IETA has a broader range than that of the Convention. IETA also lacks formulation concerning when and who bears criminal liability for corporate crime as suggested in the Convention. The research also finds that IETA did not adopt the principle of effectiveness and proportionality in promulgating both punishment and treatment. This study suggests that IETA should adopt criminal liability for a corporation, set the penal punishment proportionate to the seriousness of conduct and culpability of the actor, and regulate treatment. Paper Type: Research Article","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47996324","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Regulatory Framework Governing Traditional Arbitration in Resolving Islamic Banking Disputes in Malaysia: The Time for Change 马来西亚解决伊斯兰银行纠纷的传统仲裁监管框架：变革的时刻

Jurnal Hukum Novelty Pub Date : 2021-10-05 DOI: 10.26555/NOVELTY.V12I2.A20791

Mohamad Fateh Labanieh, Mohammad Azam Hussain, Nazli Mahdzir

{"title":"The Regulatory Framework Governing Traditional Arbitration in Resolving Islamic Banking Disputes in Malaysia: The Time for Change","authors":"Mohamad Fateh Labanieh, Mohammad Azam Hussain, Nazli Mahdzir","doi":"10.26555/NOVELTY.V12I2.A20791","DOIUrl":"https://doi.org/10.26555/NOVELTY.V12I2.A20791","url":null,"abstract":"Introduction to The Problem: Malaysia has established its place as a global leader in Islamic banking due to the considerable efforts made by the Malaysian lawmakers to enhance the Islamic banking dispute resolution framework and provide the Islamic banking disputants with several resolution mechanisms, such as traditional arbitration. However, using traditional arbitration in resolving Islamic banking disputes is not free from criticisms. Therefore, there is a need to find an alternative or enhanced form of traditional arbitration mechanism. Purpose/Objective Study: This article examines the regulatory framework governing traditional arbitration in resolving Islamic banking disputes in Malaysia. Design/Methodology/Approach: This article is based on doctrinal legal research Methodology. Primary data was secured from several sources, such as Acts, Laws, and Court Cases. While secondary data was collected from books, journal articles, and online databases. Both data are analyzed by using critical and analytical approaches. Findings: It is found that Arbitration Act 2005 (Act 646) and I-Arbitration Rules 2018 have been subjected to several amendments to align with the international norms and best practices. However, Malaysian lawmakers should start thinking out of the box by reinforcing the Islamic banking disputants with an effective resolution mechanism known as electronic arbitration (hereinafter referred to as “e-arbitration”). Doing so would facilitate prompt access to justice in Islamic banking disputes in Malaysia. Paper Type: Research Article.","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46499194","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Implementation of the Principle of Justice in Post-nuptial Agreement towards Mixed Marriage: Hope or Challenge? 跨国婚姻婚后协议公正原则的实施:希望还是挑战?

Jurnal Hukum Novelty Pub Date : 2021-10-05 DOI: 10.26555/NOVELTY.V12I2.A17856

U. Sanjaya

{"title":"The Implementation of the Principle of Justice in Post-nuptial Agreement towards Mixed Marriage: Hope or Challenge?","authors":"U. Sanjaya","doi":"10.26555/NOVELTY.V12I2.A17856","DOIUrl":"https://doi.org/10.26555/NOVELTY.V12I2.A17856","url":null,"abstract":"Introduction to the Problem: this research focuses on the actors of mixed marriage in Indonesia who have hope at the practice level. The hope arises from the Constitutional Court decision No. 69/VII/PUU/2015, which allows the formation of an asset separation agreement after the marriage takes place (post-nuptial agreement). The decision is followed up by two Circular Letters of relevant ministries: one is from the Ministry of Home Affairs No. 472.2/5876/Dukcapil, which guarantees that post-nuptial agreement is allowed in the Civil Registry (Dukcapil); as well as the one from Directorate Generals of Community Guidance under the Ministry of Religion No. B.2674/DJ/III/KW.00/9/2017. By enacting these instruments, Indonesia facilitates a hope to the mixed marriage, which is the hope of the ownership of the assets. Objectives of the Study: To identify the implication of the Constitutional Court decision No. 69/VII/PUU/2015 in practice, in lieu with the implication of the Circular Letters of the Ministry of Home Affairs No. 472.2/5876/Dukcapil and Directorate Generals of Community Guidance under the Ministry of Religion No. B.2674/DJ/III/KW.00/9/2017; also, to review the possibilities of those decisions and Circular Letters in the perspective of Indonesian family law, would it be a hope or a challenge? Methodology: This is normative-juridical research, which implements a doctrinal approach to analyze the problems. Findings: Post-nuptial agreement is allowed and having legal implications to the parties to the marriage bond. Ministry of Home Affairs and the Ministry of Religion have facilitated the Constitutional Court decision by enacting their respective Circular Letters to guide the civil registry officials in responding to the post-nuptial agreement. Paper Type: Research Article","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47252689","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Safeguarding the National Airspace of Indonesia under the Framework of International Air Law 国际航空法框架下的印度尼西亚国家空域保护

Jurnal Hukum Novelty Pub Date : 2021-10-05 DOI: 10.26555/NOVELTY.V12I2.A18528

Harry Purwanto

引用次数: 0

Partnership as an Alternative Model for Empowering Fishers in the Processed Food Industry Made from Marine Fish 伙伴关系是赋予海鱼加工食品行业渔民权力的另一种模式

Jurnal Hukum Novelty Pub Date : 2021-10-05 DOI: 10.26555/NOVELTY.V12I2.A18732

S. Badriyah, R. Suharto, Retno Saraswati, M. Allam, Kornelius Benuf

引用次数: 0

Implementation of Human Rights Certification as an Application for the Protection of Human Rights to Workers in the Fisheries Industry 人权认证的实施作为保护渔业工人人权的一种申请

Jurnal Hukum Novelty Pub Date : 2021-10-05 DOI: 10.26555/NOVELTY.V12I2.A18481

T. Pramudita

{"title":"Implementation of Human Rights Certification as an Application for the Protection of Human Rights to Workers in the Fisheries Industry","authors":"T. Pramudita","doi":"10.26555/NOVELTY.V12I2.A18481","DOIUrl":"https://doi.org/10.26555/NOVELTY.V12I2.A18481","url":null,"abstract":"Introduction to the Problem: State responsibility is one of the important keys in the life of the state, one of which is in labor affairs. In its implementation, there are several records of human rights violations in the Indonesian Sea, namely Trafficking in Persons, Forced Labor/Slavery, Child Labor, Overtime, and the absence of health insurance. Objective: This research aims to analyze the regulations in Indonesia concerning the protection of human rights for workers in the fishing industry in Indonesia and whether the Fisheries Human Rights Certification under the Regulation of the Minister of Maritime Affairs and Fisheries Number 35 of 2015 has effectively grant human rights protection to workers in the field of fisheries fishing industry in Indonesia. Methodology: The research method used is juridical-normative. Findings: This study indicates that Human Rights Certification in the Fisheries Sector is one solution so that fishing companies meet the Human Rights criteria set by the Government but still need improvement in the context and implementation. Conclusion Research on Fisheries Human Rights Certification has not been effective in protecting workers in the fishing industry from a technical and conceptual perspective. Effectiveness can be improved if there is an evaluation of problems in the form of overlapping authorities between agencies, the seriousness of the Fisheries Human Rights Team in carrying out its authority. Paper Type: Research Article","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68996235","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Institutional Arrangements of the Political Party Wing on the Functions of Political Parties 政党翼对政党职能的制度安排

Jurnal Hukum Novelty Pub Date : 2021-10-05 DOI: 10.26555/NOVELTY.V12I2.A17870

Ibnu Sina Chandranegara, S. Bakhri

{"title":"Institutional Arrangements of the Political Party Wing on the Functions of Political Parties","authors":"Ibnu Sina Chandranegara, S. Bakhri","doi":"10.26555/NOVELTY.V12I2.A17870","DOIUrl":"https://doi.org/10.26555/NOVELTY.V12I2.A17870","url":null,"abstract":"Introduction to the Problem: In post-constitutional reform, every political party seeks to maximize each component within its party structure. One feature that has direct contact with the society is the political party wing, which is an essential resource in the regeneration of political party in internalizing its ideology and the development of the militancy character that can be done more efficiently. The institutional arrangements of the political party wing so far are still minimal. The limitations of the organizational structures of the political party wing have an impact on the uncertainty regarding the institutional organization of their wing organization. Objectives of the Study: This article identifies and examines the implication of the provision on the political party wing towards the institutional clarity of their wing organization; and the implications of the institutional arrangements of the political party wing on the functions of the political party. Methodology: This article uses normative legal research that analyses relevant secondary data related to the political party wing. This study concluded that the political party wing could be regulated as a public legal entity that is a part of the political party or an independent legal entity. Findings: This study indicates that the unclear provision regarding the political party wing is the potential to provide diverse interpretations by the political party in its institutional wing organization which is counterproductive or offers no meaning to the realization of the functions of the political party. Paper Type: Research Article","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49623387","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legal Implication of Quran Chapter 4 Verse 3 on Muslims’ Marital Affairs 《古兰经》第四章第三节关于穆斯林婚姻事务的法律含义

Jurnal Hukum Novelty Pub Date : 2021-10-05 DOI: 10.26555/NOVELTY.V12I2.A20633

Ahmed Abiodun Muhammed-Mikaaeel

{"title":"Legal Implication of Quran Chapter 4 Verse 3 on Muslims’ Marital Affairs","authors":"Ahmed Abiodun Muhammed-Mikaaeel","doi":"10.26555/NOVELTY.V12I2.A20633","DOIUrl":"https://doi.org/10.26555/NOVELTY.V12I2.A20633","url":null,"abstract":"Introduction to The Problem: Bad practice of polygyny among certain members of Muslim Ummah is nothing to write home about. The practice does not conform to Islamic teachings as contained in the unambiguous provision of the ordinance in Quran Chapter 4 verse 3. The very essence of Islamic polygyny, which is geared towards protecting the interest of widows and orphan girls, is defeated among the bad practitioners of polygyny. This has resulted in ardent opposition to the practice of Islamic polygyny. The foregoing informs the reason this paper examines the legal implication of Chapter 4 verse 3 on Muslims’ marital affairs. Purpose/Objective Study: The objective of this paper is to examine the genesis and subject matter of Chapter 4 verse 3, the legal implication of Chapter 4 verse 3, and the juristic opinion on Islamic polygyny, the Muslims bad practice vis-a-vis the reality on Islamic polygyny. Design/Methodology/Approach: The methodology employed in this paper is simply the doctrinal method of legal research. To the end, the paper relies the provisions of the Quran, Hadith, Juristic Views, and scholarly articles written on the subject matter of this paper. Findings: The paper reveals that the primary objectives of the legal implication of Chapter 4 verse 3 include the protection of widows, orphan girls and divorcees; abolition of unjust/bad practices in marital affairs; payment of adequate dowry to women in the event of marriage irrespective of whose ox is gored; and satisfaction of man’s desire for women and outright abolition of Zina . The paper discovers that the practice of polygyny has continued to be relevant in view of the incessant pressing needs for it. The paper also finds that the greatest challenges to Islamic polygyny are inherent in the Muslim Ummah , both on the parts of men and women. The paper recommends character adjustment for both sexes to pave the way for the true practice of Islamic polygyny. Paper Type: Research Article","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46359281","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Health Services Legal Problems of In Vitro Fertilization (IVF) Program Patients in Indonesia 印度尼西亚体外受精（IVF）项目患者的医疗服务法律问题

Jurnal Hukum Novelty Pub Date : 2021-04-26 DOI: 10.26555/NOVELTY.V12I01.A18093

Edi As'adi, N. Sari

{"title":"The Health Services Legal Problems of In Vitro Fertilization (IVF) Program Patients in Indonesia","authors":"Edi As'adi, N. Sari","doi":"10.26555/NOVELTY.V12I01.A18093","DOIUrl":"https://doi.org/10.26555/NOVELTY.V12I01.A18093","url":null,"abstract":"Introduction to The Problem: Every married couple expects children that the Constitution guarantees. However, the difficulty of having a child tends to be a problem in maintaining married life. Some couples decide to have a child by undergoing In Vitro Fertilization (IVF) Program. The arising problems are on how the current regulation of the IVF program and how to fulfil the rights of IVF program patients from consumer protection law. Purpose/Objective Study: This article focus on the problem of health services for IVF program patients based on the values of justice on the ground of consumer protection law in Indonesia. Design/Methodology/Approach: This study is socio-legal research. However, to support the validity of research, an empirical approach is critical to do-furthermore, where data obtained through interviews based on the researcher’s own experience. Findings: IVF program agreement between the IVF clinic and patients is a law based on Article 1338 of the Indonesian Civil Code. Even so, the research validation was still carried out with the support of an empirical approach. The results of this research are that the current IVF program has not been able to protect its patients’ rights. Patients’ position tends to be weak compared to the clinic or IVF hospital; the concept of the IVF program implementation agreement does not protect patient rights. In the future, attempts to protect IVF patients’ rights need an integrated and comprehensive regulation from the philosophical, juridical, and sociological basis to its practical implementation. Paper Type: Research Article","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45158805","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

If Not Now, Then When? The Significance of CISG Ratification for Indonesia 如果不是现在，那又是何时?批准《销售公约》对印度尼西亚的意义

Jurnal Hukum Novelty Pub Date : 2021-04-26 DOI: 10.26555/NOVELTY.V12I01.A19509

R. Wulandari

{"title":"If Not Now, Then When? The Significance of CISG Ratification for Indonesia","authors":"R. Wulandari","doi":"10.26555/NOVELTY.V12I01.A19509","DOIUrl":"https://doi.org/10.26555/NOVELTY.V12I01.A19509","url":null,"abstract":"Introduction to The Problem: In this 21st century, Indonesia has not ratified the United Nations on Contract for the International Sales of Goods (CISG). Indonesia’s government put several reasons for not becoming part of this critical convention, and the government did not see the ratification as urgent matters. However, these excuses did not find relevant anymore because more and more countries worldwide ratified the CISG, including North Korea. Purpose/Objective Study: The objective of this article is addressing the issue of Indonesia has not yet ratify the United Nations on Contract for the International Sales of Goods (CISG) despite the rise of export and import activities conducted by Indonesian enterprises. Design/Methodology/Approach: The methodology used in this article is based on the literature review of CISG, Indonesian development of CISG, and minor comparative analysis between the signatory and non-signatory countries. Findings: The ratification of CISG would provide more benefits and outweighed its disadvantages because CISG presents legal certainty to international contract law since the Indonesian Civil Code failed to address this issue. CISG ratification will also strengthen the Indonesian legal system, legal institutions, and legal practitioners. Paper Type: Research Article","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45591295","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0