Jurnal Hukum Novelty
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    146 research outputs found

    Accelerating Business Law Dynamization through Proposed Amendments to Indonesian Consumer Protection Law

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    Introduction to The Problem: The Consumer Protection Law No. 8 of 1999 which was enacted in 2000 has been in force for over 20 years. The current circumstance in the realm of business law requires more progressive regulations on digital business activities, more efficient dispute resolution, and effective consumer protection due to the rapid technological developments. Hence, the need of an amendment to the current consumer protection law must be examined thoroughly and analyzed deeply.Purpose/Objective Study: This research aims to examine and to present the arguments on several issues in relating to the urgency of amending the Consumer Protection Law No. 8 of 1999 in order to accelerate the dynamization of business law.Design/Methodology/Approach: This is a doctrinal legal research that uses a qualitative approach. In this research, the authors utilized secondary data sourced from literature study on the primary, secondary, and tertiary legal materials. The authors analyzed the data by using Systematic Content Analysis which is frequently used by social scientists to analyze the inteview tranrscripts, literatures, and field notes, among other sources.Findings: The results indicate that there are six noteworthy points regarding the extent of the business entity, standard clauses, data protection, and some issues on a dispute settlement institution. These are sufficient to support in proposing an amendment to the recent Consumer Protection Law.Paper Type: Research Articl

    Empowering SDG 16: Electronics-Based Criminal Law Policy to Combat Sexual Violence in Indonesia

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    Introduction to The Problem: Increasing cases of sexual violence, particularly against women, heighten concerns, prompting this group to be vigilant in self-protection. The lack of clarity on electronic-based sexual violence in the TPKS Law may lead to varied interpretations among law enforcement agencies. A normative study is crucial to discern the legislative intent and rationale, ensuring inclusion of these provisions in the TPKS Law. An ideal electronic-based criminal law policy is needed to universally safeguard victims, aligning with the principles of human dignity outlined in SDG 16 of the Global Agenda 2030.Purpose/Objective Study: This investigation sought to delineate the contours of Indonesia's legislative framework pertaining to electronic-based sexual violence within the ambit of criminal law policy. The significance of this inquiry lies in its inherent alignment with and contribution to the realization of Sustainable Development Goal 16, which fundamentally advocates for the promotion of peace, justice, and the fortification of robust institutional frameworks.Design/Methodology/Approach: The research method used is normative legal research with a statutory approach and qualitative analysis.Findings: Law Number 12 of 2022 addresses electronic-based sexual violence in Article 14(1) (a) and (b) but presents drawbacks, particularly concerning consensual consent. Recommending amendments to these articles is crucial to avoid discord with other regulations, striving for an optimal criminal law policy in Indonesia. Legal reforms should consider societal issues and contribute to effective law enforcement. Electronic-based sexual violence legislation must align with both expectations and realities, acknowledging the severity of the offense as a violation of human rights and a significant criminal act under SDG 16. The Indonesian government must establish and enforce laws to combat this activity, crucial for achieving SDG 16. Proposed amendments include introducing supplementary penalties, like revoking access rights to electronic media, to deter offenders.Paper Type: Research Articl

    Implications of Utilizing Protected Forest Areas for Geothermal Business: A Legal Analysis

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    Introduction to The Problem: Geothermal as an alternative and renewable energy is mostly located in the forest areas, including protected forests, where the use of forest areas for non-forestry activities is very selective and does not change the function of the forest itself. Geothermal and forestry regulations require synchronization regarding the use of protected forest areas so that they do not cause legal conflicts.Purpose/Objective Study: There are arose problems namely the existence of conflicting norms in regulating the use of protected forest areas for geothermal exploitation, between the Geothermal Law and the Forestry Law in combination with Government Regulation No. 24 of 2010 concerning the Use of Forest Areas and Regulation of the Minister of Environment and Forestry on Leasing of Forest Areas.Design/Methodology/Approach: This research method was normative research, using a statutory approach equipped with a comparative approach.Findings: The research finding was the setting of leasing forest areas for geothermal exploitation was contradictory and did not function to carry out the orders of the Forestry Law. The research implication is that the Government together with the Parliament must put into comprehensive special authorities and regulations related to the management and utilization of energy in forest areas so that there is no overlap and legal uncertainty in the use of forest areas.Paper Type: Research Articl

    Juridical Study of Criminal Law on Delegation of Authority of Obstetricians and Gynecologists to Midwives in Health Services

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    Introduction to the Problem: The entitlement to health services represents an inherent right accorded to each citizen within the Indonesian jurisdiction. Within this framework, health practitioners assume a pivotal role in augmenting the optimal provision of healthcare to the populace. Specifically, midwives play a critical function in delivering health services aligned with the directives of medical professionals, particularly in exigent situations and referral services. The legal ramifications surrounding a midwife's engagement in illicit childbirth practices underscore the imperatives of statutory compliance. Within the confines of the Penal Code, responsibility is construed as an imperative, denoting that transgressions of criminal statutes necessitate accountability in accordance with the prescribed legal provisions.Purpose/Objective Study: This study seeks to elucidate the juridical examination of the delegation of authority within the realm of healthcare services, specifically focusing on the intricate dynamics between medical practitioners and midwives.Design/Methodology/Approach: The employed research methodology involves normative juridical analysis utilizing secondary data. Within the purview of this investigation, the research framework adheres to legal principles, encompassing an examination of both codified positive law and uncodified positive law.Findings: The delegation of authority upon midwives to execute health service activities is predicated upon a mandate from doctors, necessitating recurrent monitoring and evaluation by the medical practitioners. This delegation of authority pertaining to health-related responsibilities to midwives is effectuated through both written documentation and oral communication via telephone. The locus of responsibility for this delegation rests with the healthcare institution, where physicians assume the role of conferring authority, and midwives act as the executors entrusted with such delegated responsibilities.Paper Type: Research Articl

    Motive Evidentiary in Premeditated Murder: Aligning the Norms and Practical

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    Introduction to The Problem: Motive, if related to crime, refers to the urge contained in the mental attitude of the actor to implement that mens rea in an act that is committed to a crime actus reus. The incorporation of motive in cases involving premeditated murder under the legal framework of Article 340 of the Indonesian Criminal Code remains a contentious issue, lacking a consensus. While some individuals posit that premeditated murder necessitates the presence of a motive, contrasting viewpoints contend that the crime can be established without requiring evidence of a motive.Purpose: This study aims to provide an overview and analysis of the significance of understanding motives as a means for judges to find out the background of the premeditated murder so that the panel of judges renders a decision accurately and proportionately.Methodology: The method used in this research is the normative juridical approach that focuses on the study of literature and legislation with the specifications of analytical descriptive research.Findings: The study suggested that Article 340 of the Criminal Code lacks a comprehensive explanation of the presence of motives. Consequently, the implementation of motives is limited to the interpretation provided by legal scholars and the subjective discretion of the presiding judge in each individual instance. In the absence of an interpretation of this motive, the Panel of Judges is not obliged to find a motive for the murder. As a result, this leads to different decisions, some resulting in acquittal and others in conviction of the defendant, because the judge did not discover a motive for the murder during the presentation of evidence. Meanwhile, according to the Indonesian version of the Criminal Code, namely Law No. 1 of 2023, the existence of the motive is mandatory in sentencing as stated in Article 54 paragraph (11) sub b of the Criminal Code.Paper Type: Research Articl

    Role of Islamic Law in the Efficient Management of Debt in Nigeria

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    Introduction to The Problem: Nigeria's Q4 2021 Real GDP reached N20.33 trillion, with a 3.98% YoY growth, marking the fifth consecutive quarter of positive growth post-2020 recession. Despite this, the economy is deemed in crisis. Concerningly, the government is accumulating more debt to service existing obligations, posing sustainability issues and conflicting with Shari’ah wealth management principles.Purpose: This study aims to analyze the impact of Islamic law on effective debt management in Nigeria, specifically addressing the consequences of economic crises that result in substantial national borrowing. Additionally, it aims to highlight Sharia jurisprudence as a viable solution to alleviate Nigeria's economic challenges.Design/Methodology/Approach: The Methodology employed in this study is purely doctrinal method of legal research. Hence, the study places reliance principally on the available literature by which the study explores relevant materials such as text books, journals and internet facilities. Importantly, the study finds most useful the primary sources of Shari’ah which are the Qur’an and Sunnah as well as the secondary sources which include Qiyas and Ijma’.Findings: The study finds that the economic crisis which Nigeria has found itself as a result of the multiplier effect of excessive public borrowing cannot be divorced from the adoption of the conventional economic system. The result reveals further that Islamic law plays significant roles in the efficient management of debt as was confirmed in the Malaysian Shari’ah compliant public debt management practices. The study proposes, by way of recommendation, the practice of Islamic Wealth Management to cushion the effect of the deficit budgets and the onerous debts on Nigeria and increase investment activities with a view to impacting positively on the country’s GDP. The study is therefore most relevant to the policymakers in the Ministry of Finance, Debt Management Office, as well as the Lawmakers in the country.Paper Type: Research Articl

    Responding to Allegations of Subsidy Violations: Indonesia's Compliance under the Agreement on Subsidies and Countervailing Measures

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    Introduction to The Problem: Indonesia frequently finds itself confronted with allegations of subsidy infractions from European and Western counterparts. Thus, the focal point of this analysis revolves around the accusations leveled by the United States and the European Union against Indonesia for purported subsidy transgressions, along with an exploration of the strategic measures implemented by Indonesia to address and rectify these claims.Purpose/Objective Study: This examination scrutinizes the contentions posited by both the United States and the European Union concerning subsidies and anti-dumping activities attributed to the Indonesian Government. Additionally, it delves into the remedial measures undertaken by the Indonesian Government in response to these allegations.Design/Methodology/Approach: This study constitutes normative legal research, employing a case-centric methodology to scrutinize allegations of subsidy violations leveled against Indonesia by both the United States and the European Union. The analytical approach adopted involves employing descriptive analysis techniques to illuminate the intricacies of the legal landscape underpinning the accusations.Findings: This scholarly analysis posits that, in response to accusations from the United States, Indonesia should actively pursue "sympathetic consideration" through the diplomatic avenue of bilateral dispute resolution, particularly concerning matters pertaining to the GATT's implementation. Furthermore, in the face of legal challenges from the European Union, Indonesia is compelled to furnish compelling evidence and articulate substantiated justifications grounded in the outcomes of its non-renewable natural resource assessments. This research discerns that Indonesia, positioned as a developing nation, is accorded protective measures under the auspices of Article 8.19 DSU, Article 12.11, Article 21.8, and Article 27.2. Specifically, Indonesia retains the legitimate authority to curtail nickel ore exports in accordance with the provisions delineated in the 1994 GATT. This prerogative is exercised to shield against and avert the depletion of Indonesia's natural resources, a concern underscored by Article 20 of the 1994 GATT, recognizing the potential for these resources to reach a state of extinction. Paper Type: Research Articl

    Rethinking Delegated Legislation in Indonesian Legal System

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    Introduction to The Problem: Delegated legislation in Indonesia is a new type of legislation that should be interpreted and ruled carefully. However, nowadays, the Indonesian legal system has no fixed term for delegated legislation and no hierarchy on it. Furthermore, as many as 57.677regulations at the level of Ministries, Agencies and State Institutions have the potential to overlap regulations and become subject to judicial review in the Supreme CourtPurpose/Objective Study: This article aims to analyze the best term and hierarchy of delegated legislation in the legal system in Indonesia.Design/Methodology/Approach: This legal research conducted normative studies, by examining previous studies on delegated legislation and Electronic and Information Transaction (EIT) law to imagine the delegated legislation type and hierarchy. The data was analyzed by a prescriptive method to give a new idea regarding delegated legislation in Indonesia's legal system.Findings: This paper finds no fixed term for delegated legislation in the Indonesian legal system. There is a loophole in the Indonesian legal system related to delegated legislation. However, some scholars argue that delegated legislation in Indonesia can be found in Government Regulation, Presidential Regulation, Local Regulation and beleidsregel in Article 8 Paragraph (1) Law Number 12 of 2011 concerning Establishing Statutory Regulation and its amendment. As a suggestion, the amendment of the Law on Establishing Statutory Regulation is a must in carrying delegated legislation definition, purpose and hierarchy.Paper Type: Research Articl

    The Dichotomy of Traditional Cuisine Protection in Indonesia: Geographical Indications vs. Traditional Knowledge

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    Introduction to The Problem: Traditional cuisines are an important part of national identity in Indonesia and a significant driver in the tourism industry, which are currently threatened by the constantly accelerating waves of globalization.Purpose/Objective Study: This research aims to analyze the ways to protect traditional cuisines through the intellectual property law, comparing the regime of GI and traditional knowledge, as suitable options of protection.Design/Methodology/Approach: This research utilizes normative legal research method, with statutory approach. To support this method, this research also utilizes literature analysis and comparative analysis technique to analyze the dichotomy between Geographical Indication and Traditional Knowledge.Findings: Analysis finds that the GI regime comes out as the superior regime of protection from the dichotomy, with lesser normative loopholes. Authenticity plays an important role in the comparative analysis between the two regimes, as it’s normatively backed as an important part of the tourism sector. Further analysis also finds that the GI regime can still be improved, particularly regarding substantive examination, which needs more definitive provisions to guarantee authenticity of traditional cuisines in Indonesia.Paper Type: Research Articl

    Legal Protection Policy for Obstetricians-Gynecologists in Cases of Maternal, Perinatal, and Neonatal Mortality

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    Introduction to The Problem: Obstetrician-gynecologists (OB-GYNs) must be observant in diagnosing diseases suffered by patients. OB-GYNs who act based on their knowledge can certainly not be blamed if their actions are already according to the procedures. Legal policies protect OB-GYNs in the case of a patient’s death.Purpose/Objective Study: This article aims to analyze the legal protection for OB-GYNs in cases of maternal, perinatal, and neonatal mortalities. Design/Methodology/Approach: This research was a field research with juridical-sociological method conducted in 2021. The researchers conducted interviews with four informants who experienced maternal, perinatal, or neonatal emergencies.Findings: Conditions with a high risk of maternal, perinatal, and neonatal deaths are handled by OB-GYNs. OB-GYNs must be proficient in the standards for obstetric and neonatal emergencies. OB-GYNs who have correctly followed the processes but experienced an accident also have the right to legal protection. In providing health services, OB-GYNs do not only examine the patients, but they also make efforts to recover the patient through treatments. In health law, such efforts of recovery are known as the Therapeutic Agreement. The relationship between obstetricians and patients is bound to a therapeutic transaction. OB-GYNs have the legal obligation to make improvements in their efforts and expertise in healing patients. Legal regulations stipulated in the Indonesian Civil Law are still too general. There  was one case involving dr DASP SpOG and dr HS SpOG, who were sentenced with 10 months in prison because they violated article 39 of the Indonesian Criminal Code because their patient died during the treatment. This case caused unrest among the OB-GYNs. Therefore, there needs to be a law that regulates the relationship between OB-GYNs and their patients. In terms of human rights in Indonesia, this particular healthcare issue is regulated in Law Number 36 of 2009 regarding Health (Indonesian Health Act). Chapter III Article 1 clause (1) and (4) specifially regulate the patients' rights. The legal and ethical responsibilities in health services observe how far the obstetricians' actions have legal implications in cases of errors or negligence in providing health treatments.Paper Type: Research Articl


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