Jurnal Hukum Novelty
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If Not Now, Then When? The Significance of CISG Ratification for Indonesia
Full text linkIntroduction 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 Articl
Safeguarding the National Airspace of Indonesia under the Framework of International Air Law
Full text linkIntroduction to the Problem: The vast territory of Indonesia requires careful thought in realizing an effective defense system to maintain its territorial integrity and the safety of the nation. To ensure the effectiveness of the country's broad defense system requires great strength, high mobility, and early detection capability. The development of Indonesia's defense force should not merely be oriented towards the land territory, but it must also be optimized towards the country’s sea and air forces.Purpose/Objective Study: This study examines the airspace protection system implemented by Indonesia to protect the security of the country from threats.Methodology: The research design is exploratory as this paper aspires to explore the basis of air defense identification zone.Findings: The Indonesian Government has taken legal measures by regulating restricted airspace, air defense identification zones, as well as identifying types of violations committed by foreign aircraft. Both national and international laws allow Indonesia to establish air defense identification zones.Paper Type: General Revie
The Correlation Between the Criminal Sentence Period and the Intention of Prisoners to Stop Using Drugs in Class I Correctional Facility of Bandar Lampung
Full text linkIntroduction to the Problem: The length of the criminal sencenting can create an intention in prisoners to stop using drugs. Psychologically, the intention is seen from how strong a person's desire to display behavior and how much effort is planned or will be made to display behavior.Objective: This study intends to determine the relationship between the length of the sentence and the intention to stop using drugs in Class I prisons of Bandar Lampung. The variables in this study were the length of the sentence and the intention to stop using drugs. The research samples in this study were the drug convicts in Class I Correctional Facility of Bandar Lampung,Methodology: Data collection method uses quantitative and combines with the qualitative method. The data analysis method of descriptive quantitative uses Linkert Scale approach accumulated with the Pearson Product Moment correlation technique by using the Statistical Packages for Social Sciences 20 application program. Data analysis method of qualitative descriptive uses empirical normative approach.Findings: The result in this study is that there is no relationship between the length of the sentence and the intention to stop using drugs in the Class I Correctional Facility in Bandar Lampung. Based on the correlation test results, the r value was -0.088 with significance = 0.381 where (p> 0.05). The data shows the relationship between the length of the sentence and the intention to stop using drugs in the Class I Correctional Facility in Bandar Lampung is not proven. It means that there are other aspects that more influencing the intention of drug use. Additionally, the effectiveness of imprisonment for drug users in the Class I prison in Bandar Lampung has not run optimally, namely supporting facilities and facilities such as overcapacity for prisoners and prisoners.Paper Type: Research Articl
Legal Implication of Quran Chapter 4 Verse 3 on Muslims' Marital Affairs
Full text linkIntroduction 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-à-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 Articl
World Health Organization Policy Facing the Spread of COVID-19 in Indonesia
Full text linkIntroduction to the Problem: This article discusses WHO policy set out in WHO protocol with 4 scenarios to be recommended to countries, namely countries without a case, countries with 1 or more cases, countries with cluster cases, and cluster with greater local transmission. In this case, Indonesia has a policy which is formed based on the WHO advice.Purpose/Objective of the Study: To find out whether the policies implemented to manage COVID-19 spread in Indonesia have similarities with the protocol of the WHO.Design/Methodology/Approach: Data were collected from primary and secondary data sources in the form of literature legal research and statute approach.Findings: The results showed that the spread, rather than preventing the COVID-19 outbreak from entering a territtory. As a result, there had been some considerations regarding to the implementation of WHO protocols, especially when closing an area or restricting national access. However, WHO policy is not an obligation to be implemented by a country because the most crucial thing is that anticipating the spread, breaking the spread chain and finding a cure from this health condition for patients.Paper Type: Research Articl
Legal Consequences of Bankruptcy Towards Legal Position of Waqf Assets on Foundation
Full text linkIntroduction to the Problem: Based on Law No. 37 of 2004 on the Bankruptcy and Payment Suspension, the consequence of Bankruptcy decisions cover the total wealth of the Bankrupt Debtors at the time of the bankruptcy declaration together with that which they acquire during the bankruptcy. According to the Bankruptcy Act, there is no explicit limitation about the bankrupt assets, which raises the ambiguity and contradiction towards the Law No. 41 of 2004 on Waqf and Law No. 28 of 2004 on the amendment of Law No. 16 of 2001 on Foundations in determining the status of waqf assets as the one of Foundation’s wealth.Purpose/Objective Study: This research aims to determine waqf assets’ status on the bankrupt foundation and manage waqf assets in Indonesia’s bankruptcy proceedings.Design/Methodology/Approach: This type of research is normative legal research. The study employed secondary data from the literature review and analyzed it through the statute and conceptual approaches.Findings: This research shows that applying the laws and implementing bankruptcy proceedings should consider other laws, which means waqf assets that the foundation manages. The waqf law overrides the bankruptcy law that is affirmed on foundation law. The bankrupt foundation’s waqf assets will hand over to others’ foundations or legal entities that have the same purposes.Paper Type: Research Article
Application of Circumstantial Evidence in Criminal Laws in Indonesia
Full text linkIntroduction to the Problem: Indonesia is a constitutional state; therefore, all citizens must obey the applicable regulations. If someone commits a criminal act and is required to be brought to the court, evidence is an important thing to resolve the criminal case. A judge can determine whether the accused is guilty or not, one of the ways to determine is to consider the evidence. The law of evidence is known to have two types of evidence, namely direct evidence and indirect evidence (circumstantial evidence). Circumstantial evidence is a kind of evidence in which the relationship between the facts that occur and the available evidence can only be seen after drawing some certain conclusions. Circumstantial evidence can be very important if the other evidences are not sufficient to prove a criminal case in a court. However, the circumstantial evidences must be in accordance with the other evidences.Purpose/Objective of the Study: The purpose of this study is to understand the circumstantial evidence in the perspective of criminal law and how it is applied in criminal cases.Design/Methodology/Approach: The research method used in this study is a normative juridical research method, with the statutory approach and conceptual approach. The type of data used in this study is the secondary data using three legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials.Findings: Indirect evidence or Circumstantial evidence is one of the legal evidences according to Law Number 8 of 1981 concerning Criminal Procedure Law Article 188, namely the indication. However, Circumstantial Evidence is still rarely used by the system of criminal evidence in the courts in Indonesia because its validity is often questioned by the public.Paper Type: Research Articl
Proof Power of Authentic Deed Transfer of Land Rights in Legal Perspective of Civil Procedures
Full text linkIntroduction to The Problem: Evidence is a process carried out by the parties in resolving disputes to prove the arguments presented before the judge who decides the legal dispute so that the judge can decide as fairly as possible. Evidence under the civil procedure law is regulated in Article 164 HIR. Supreme Court decision number 3591K/Pdt/2018 discusses documentary evidence in the form of an agreement to transfer and transfer land rights and states that the deed has no legal force.Purpose/Objective Study: The purpose of the study was to determine the legal considerations for the strength of authentic deed evidence in the Supreme Court Decision number 3591K/Pdt/2018, connected with civil procedural law. The research method used is a normative juridical approach to the research specification in descriptive-analytical analysis and qualitative normative.Design/Methodology/Approach: The method used in this research is normative juridical research which focuses on the applicable legal provisions.Findings: The research results that the authentic deed submitted by the Defendants in the Reconvention as evidence has external and formal evidentiary power. However, authentic deeds that are perfect and binding do not have a coercive or decisive character. Authentic deed evidence can be invalidated if there is evidence of the opponent which can prove otherwise. Based on the decision of the Supreme Court number 3591K/Pdt/2018, the Notarial Deed of the Transfer of Land Rights Agreement has no legal force because land rights have been transferred and building use rights are attached.Paper Type: Research Articl
The Regulatory Framework Governing Traditional Arbitration in Resolving Islamic Banking Disputes in Malaysia: The Time for Change
Full text linkIntroduction 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 Articl
Reviewing Information and Electronic Transaction Act from a Convention on Cybercrime of 2001
Full text linkIntroduction 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 Articl