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Journal : Yuridika

IMPLEMENTASI PRINSIP TRANSPARANSI MELALUI PERATURAN PRESIDEN NO. 26 TAHUN 2010 PADA INDUSTRI EKSTRAKTIF Dian Purnama Anugerah; Yuniarti Yuniarti
Yuridika Vol. 25 No. 1 (2010): Volume 25 Nomor 1 Januari 2010
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (429.785 KB) | DOI: 10.20473/ydk.v25i1.184

Abstract

Ekstraktive Industry is a major industry that support Indonesia’s national income. The monitoring system of ekstraktive industry should be based on good corporate governance and transparency principle. This is due to the regulation of mining law and the Investment Law in Indonesia. This Principle encourage Indonesia to be one of EITI members, through its participation in this organization, ekstraktive Industry in Indonesia were expected to maintain Indonesian welfare, as says in the constitution.
Implementation of the best Interests of the Child Principles in Intercountry Adoption in Indonesia Leonora Bakarbessy; Dian Purnama Anugerah
Yuridika Vol. 33 No. 1 (2018): Volume 33 No 1 January 2018
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (293.552 KB) | DOI: 10.20473/ydk.v33i1.7202

Abstract

Adoption of Indonesian children by foreigner is a form of intercountry adoption. In Indonesia such adoption is not prohibited but conditions are more difficult because it is a last effort or ultimum remedium for the best interests of the child. Therefore petition for intercountry adoption throught the court, its decision in the form of a court decision, because the proof as the same as the evidence in civil suit.This is defferent from the petition of national adoption.This paper discusses the implementation of the best interest of child’s principle in Indonesia and how to conduct intercountry adoption in Indonesia in order to avoid any attempts of illegal adoption. This paper concludes that the Indonesian Government has issued a number of laws and regulations govern the intercountry adoption. These laws require implying the principle of the best interest of children in order to protect the interest of children who is adopted by foreigner. In order to undertake the adoption, the court should decide that it is eligible after the Ministry of Social of the Republic of Indonesia approves adoption application.
Legality of Marine Cargo Insurance Claim With Different Sailing Date on Policy (Analysis of Decisions Number 589/PDT.G/2012/PN.JKT.SEL) Krisna Angela; Dian Purnama Anugerah
Yuridika Vol. 38 No. 3 (2023): Volume 38 No 3 September 2023
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v38i3.47966

Abstract

Sailing dates in marine cargo insurance often change for various reasons. It is unavoidable that from the time the ship sail on a date that is not under the policy, uncertain events occur, which cause losses. On the other hand, insurance recognizes the principle of utmost good faith, which obliges the insured to disclose material facts about the insured object correctly, completely, and honestly as regulated in Article 251 WvK. It creates a blurring of norms because that rule make the parties debating whether the ship's sailing date is a material fact or not. This research uses normative legal research methods with a statute approach, conceptual approach, and case approach. This research purposed to analyze changes in sailing date as material facts and the consequences of not disclosing these changes by the insured to the insurer and the insurer to the reinsurer by analyzing Decision Number 589/Pdt.G/2012/PN.Jkt.Sel. The results of this study indicate that the change in sailing date is a material fact that must be disclosed by the insured to the insurer. When the insured does not disclose material facts, it can make a contract voidable and the insurer can be free from the obligation to pay claims. In addition, the Judge's decision in Decision Number 589/Pdt.G/2012/PN.Jkt.Sel was wrong because the Judge did not analyze the meaning and concept of material facts in marine cargo insurance as regulated in Article 251 WvK and did not consider the provisions in the policy referring to the Marine Insurance Act 1906.