Jurnal Hukum Novelty最新文献

{"title":"The Principles of Environmental Based Development in International Law and Sustainable Development Goals","authors":"Sandy Kurnia Christmas, A. Aminah","doi":"10.26555/novelty.v10i2.a13910","DOIUrl":"https://doi.org/10.26555/novelty.v10i2.a13910","url":null,"abstract":"Introduction to The Problem: The Sustainable Development Goals or SDGs are development goals in 2030 to carry out environmentally sound development, which explicitly aims to carry out development that is to meet environmental sustainability and is based on human rights. It is also an adaptation of the principles of the Stockholm Declaration 1972. Purpose/Objective Study: This research is to find the principles of environmentally sound development, both within the principles of international law and the SDGs principles, that are expected in future development policies to be carried out in the perspective of the right to the environment, both the central and regional governments. Design/Methodology/Approach: In this doctrinal law research, it is examined using the conceptual approach contained in the principles of development and environmental principles contained in the substance of international law. Findings: In the principles of international law, there are seven principles of sustainable development goals agreed by the international community in the Rio Conference as a guideline in implementing equitable development based on human rights, which also must be guided by the targets of sustainable development within the SDGs. Paper Type: Research Article","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42140715","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}

{"title":"Implementation of Brizzi as an E-Money Payment Tools in Indonesia","authors":"Asri Elies Alamanda, Tulus Sartono","doi":"10.26555/novelty.v10i2.a13785","DOIUrl":"https://doi.org/10.26555/novelty.v10i2.a13785","url":null,"abstract":"Introduction to The Problem: The rapid technological progress at this time has greatly influenced the development of the payment system in Indonesia. Innovations in electronic payment instruments have developed into more usable forms. Currently, like the other country, Indonesia is developing an electronic payment instrument known this day as e-money. Bank Rakyat Indonesia is one of the e-money issuer institutions, which issues Brizzi as an alternative non-cash payment instrument. The problem faced is that there are still many people who do not want to use e-money, especially Brizzi because they do not know the validity of using Brizzi e-money. Purpose/Objective Study: This research aims to study the importance of Brizzi E-Money as a means of payment. Design/Methodology/Approach: This research uses empirical juridical research methods to answer the validity of using Brizzi e-money as a payment method. This study uses primary data and secondary data. The primary data in this research are obtained from interviews at Bank Rakyat Indonesia, Merlung Branch. Other than that is secondary data collected through library research. Findings: This research shows that the existence of e-money continues to experience significant development from 2009 until 2019. The legality of using Brizzi e-money and other e-money in Indonesia has been recognized as a legal payment instrument as regulated in the PBI on Electronic Money. Paper Type: Research Article.","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41763257","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}

{"title":"Construction of Financial Technology in Banking Systems in Indonesia","authors":"Upik Mutiara, Lupita Risma Candanni, R. Hasibuan","doi":"10.26555/novelty.v10i2.a13920","DOIUrl":"https://doi.org/10.26555/novelty.v10i2.a13920","url":null,"abstract":"Introduction to The Problem: The use of information technology innovations in banking today through digital platforms or online or known as financial technology (commonly abbreviated as fintech) can indeed provide financial services to the public at a lower cost than traditional banking methods. But behind the sophistication of technology as well as an increase in banking risk, especially if the regulations that govern it have not been comprehensive. Purpose/Objective Study: This paper examines the development of various regulatory regulations in the field of fintech in Indonesia. Design/Methodology/Approach: The research method used in this study is qualitative through normative legal research. The obtained data analyzed by statutory approach to interpret the existing legal rules on Indonesian Banking. Findings: The results obtained are that the existence of fintech which is considered as disruptive innovation (disruptive innovation) has changed the old market and revolutionized the workings of traditional financial institutions. Therefore, the government through the financial authority that is authorized to respond to the development of fintech in the Indonesian banking system by making various regulations. In addition, the development of fintech business integration with banking institutions must also be a concern for both parties so that the development of fintech is not only a disruption but can also be a safe innovation for customers to use. Paper Type: Research Article","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48817720","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}

{"title":"The Importance of Bilateral Agreement on Mandatory Consular Notification for Indonesia: Tuti Tursilawati Execution","authors":"Y. Gunawan, Zulfiani Ayu Astutik","doi":"10.26555/novelty.v10i2.a13530","DOIUrl":"https://doi.org/10.26555/novelty.v10i2.a13530","url":null,"abstract":"Introduction to The Problem: The execution without notification of Tuti Tursilawati’s at the end of 2018 becomes one of the most important diplomatic and consular relations issues between Indonesia and Saudi Arabia. Indonesia was unable to seek Saudi Arabia clarification because of the absence of bilateral agreement regarding consular notification between Indonesia and Saudi Arabia. Having regard to the Vienna Convention on Diplomatic Relations 1961 and the Vienna Convention on Consular Relations 1963, both provides the protection and assistance from the Consulate to all their citizens abroad. Purpose/Objective Study: This research aims to outline the importance of bilateral agreement on the mandatory consular notification in dealing with a case of Tuti Tursilawati who executed by Saudi Arabia government without any notification to the Republic of Indonesia. Design/Methodology/Approach: Data was collected from primary and secondary data sources in the form of literature legal research and statute approach. Findings: The result shows that based on Article 36 of the VCCR 1963, Mandatory Consular Notification should be delivered by Saudi Arabia before the execution. Making a bilateral agreement on Mandatory Consular Notification (MCN) with Saudi Arabia is very urgent to become a legal basis in helping and giving proper protection to the Indonesian who lives in Saudi Arabia in the future. Without that agreement, Indonesia will be not easy to access the information and assisting to protect the rights of the nationals from any cases that happened abroad, especially related to criminal issues. Paper Type: Research Article","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42855510","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}

{"title":"Legal Protection of Incest Victims Who Have an Abortion","authors":"Achmad Prasetya Syailendra","doi":"10.26555/novelty.v10i2.a12497","DOIUrl":"https://doi.org/10.26555/novelty.v10i2.a12497","url":null,"abstract":"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. That’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 baby’s growth and development will not good either. Paper Type: Research Article","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42159309","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}

{"title":"Implementation of Attributive and Delegative Authority of Sub District Head in the Local Government Procedures","authors":"I. Wicaksono, Amalia Diamantina","doi":"10.26555/novelty.v10i2.a13782","DOIUrl":"https://doi.org/10.26555/novelty.v10i2.a13782","url":null,"abstract":"Introduction to The Problem: The authority of Sub District Head in Gringsing sub district came from attributive sources through Law No. 23 of 2014 concerning Local Government and delegative sources through the Regulation of Batang No. 77 of 2015. After the regulation was enacted, the authority of Sub District Head both attributively and delegatively changed, its position as a regional leader also changed. Purpose/Objective Study: The purpose is to know the implementation of attributive and delegative Sub District Head’s authority by looking at the regulations both in the laws and regulations below it. Design/Methodology/Approach: This research is an empirical juridical legal research. In empirical legal research, identification and law are conceptualized as a real social institution. The focus of this research is limited to Gringsing District, Batang Regency, Central Java. Findings: Referring to the attributive authority of Sub District Head after Law No. 23 of 2014 concerning Local Government, in general, there is no meaningful authority inside. Instead of being regulated in the provisions of the legislation, the material is more on the delegation of authority from the Regent (Bupati), which in this case is enough by delegative way. Moreover, after Law No. 6 of 2014 concerning Villages where the position of the village is increasingly strengthened administratively and politically are increasingly independent thus the Sub District Head’s authority is more narrowed. Paper Type: Research Article","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42211771","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}

{"title":"Mediation in the Conflict of Legislation Resolution based on the Regulation of the Minister of Law and Human Rights Number 2 of 2019","authors":"S. Syafrizal, M. Akbar, R. Hasibuan","doi":"10.26555/novelty.v10i2.a13919","DOIUrl":"https://doi.org/10.26555/novelty.v10i2.a13919","url":null,"abstract":"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","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42139881","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}

{"title":"The Mortgage Right as Murābaḥah Financing Security","authors":"Reni Anggriani, Galang Rizki, Wida Febriansyah","doi":"10.26555/NOVELTY.V10I1.A13692","DOIUrl":"https://doi.org/10.26555/NOVELTY.V10I1.A13692","url":null,"abstract":"Introduction to The Problem: In order to guarantee the legal certainty for the Islamic banking customer in murābaḥah financing is the requirement of mortgage right. The bank customer may use mortgage right as collateral in murābaḥah 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-‘ aqd ) that is used by the shariah bank to implement the mortgage rights in murābaḥah 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 murābaḥah 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 murābaḥah 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 murābaḥah financing.","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44425104","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}

{"title":"The Responsibility of Indonesia for Deforestation Based On United Nations Convention On Biological Diversity","authors":"Christina Nitha Setyaningati, Asilah As, Cecealia Zefania Tandiono, Elvira Anastasia Cempaka, M. Rizki","doi":"10.26555/NOVELTY.V10I1.A13471","DOIUrl":"https://doi.org/10.26555/NOVELTY.V10I1.A13471","url":null,"abstract":"Introduction to The Problem: Indonesia is one of the participants of the United Nations Convention On Biological Diversity Or better known as UNCBD. Indonesia has also ratified this UNCBD into Act No. 5 of 1994 on the Ratification of the UNCBD. By this ratification, Indonesia has obligations and responsibilities that must be carried out under the provisions of the Convention. One is about the protection of the environment; in this case, is deforestation relating to biodiversity. Based on UNCBD, Indonesia also should make the implementing Law for the ratification. The problem is that Indonesia has no implementing regulation yet for the ratification. Purpose/Objective Study: The purpose of this paper is to find out the concept of environmental protection; in this case, deforestation based on the UNCBD and positive law in Indonesia. It also suggests what forms of Indonesia’s responsibility and what implementation steps to overcome the deforestation occurring in Indonesia. Design/Methodology/Approach: The research employs the qualitative method based on a normative juridical study. Additionally, the authors used two approaches, which are conceptual and the statute approach. Findings: Indonesia has not explicitly made an implementing law for Act No. 5 of 1994 as a ratification law of UNCBD. For that reason, it is the government responsible for making the implementing regulation. The Indonesian government should pay attention to the previous legal-made experience regarding the other ratification before UNCBD. The simple steps, but the main base reasons are using consideration phrase of the inexistence of implementing regulation for the ratified-UNCBD and also the government responsibility to oblige the ratification.","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42310873","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}

{"title":"The Existences of International Law in The Establishment of Indonesian National Regulation on The Protection of Traditional Knowledge","authors":"B. Bangun","doi":"10.26555/novelty.v10i1.a13122","DOIUrl":"https://doi.org/10.26555/novelty.v10i1.a13122","url":null,"abstract":"Introduction to The Problem: The debate about whether the protection of traditional knowledge governed by international law has led developing countries, such as Indonesia, to have the potential for traditional knowledge to feel disadvantaged. Purpose/Objective Study: This paper intends to discuss the existence of international law in the formation of Indonesian national regulations concerning the protection of traditional knowledge. Design/Methodology/Approach: This research designed as doctrinal legal research. The data used in this study are secondary data which analyzed qualitatively Findings: From the results of research and discussion it is known that stipulation of regulations related to the protection of traditional knowledge in Indonesia needs to be accompanied by efforts to encourage the acceptance of national interests in international agreements, both through increasing TRIP agreements and the ASEAN framework. Also, it must be ensured that all binding international legal instruments related to traditional knowledge will truly benefit especially the community of traditional knowledge owners in Indonesia.","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41791083","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}