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Yuridika

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Published by Universitas Airlangga

ISSN : 0215840X EISSN : 25283103 DOI : https://doi.org/10.20473

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

The scope of Yuridika article concerns dogmatic legal studies, this is the procedure of scientific research to find the truth of the logic of the dogmatic legal studies, particulary in developing and emerging countries. These may include but are not limited to various field such as : 1 Criminal Law; 2 Civil Law; 3 Constitutional Law; 4 Administrative Law; 5 International Law; 6 Islamic Law;

Arjuna Subject : Ilmu Sosial - Hukum

Articles 422 Documents

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HUKUM DAN DIPLOMASI LOKAL SEBAGAI WUJUD PEMECAHAN MASALAH DI WILAYAH PERBATASAN KALIMANTAN DAN MALAYSIA Jawahir Thontowi
Yuridika Vol. 30 No. 3 (2015): Volume 30 No 3 September 2015
Publisher : Universitas Airlangga

Border area disputes generally arise because of differences in views of the boundary line between a country over the borders located on the map enclosed in an international agreement. Claims of a country over territories that protrude the sovereignty of other countries, are often the cause of the dispute because of a new fact-based new agreement. Principles of application of posidetis juris may arise because of differences in delimitation understanding, the determination of demarcation, other geographic and political factors (border management), which are also factors causing disputes. This study is regarding the international and national laws to govern and manage borders territory by using method of inquiry primary legal sources and empirical data from Kalimantan. This research concludes the following results. The first result is that there are rules of international and national laws governing borders territory, but it is not sufficient to settle the complex of problem in border areas. The second results is that the local government has been involved in various types of local diplomacy by using mediation performed by local adat, both in privates and public cases. In order to improve ability to cope such problems, it is important to provide capacity buildings which are enable local government and local adat apparatuses to make a better problem legal solving.

KEPAILITAN LINTAS BATAS PERSPEKTIF HUKUM INTERNASIONAL DAN PERBANDINGANNYA DENGAN INSTRUMEN NASIONAL DI BEBERAPA NEGARA Loura Hardjaloka
Yuridika Vol. 30 No. 3 (2015): Volume 30 No 3 September 2015
Publisher : Universitas Airlangga

Currently cross-border insolvency is not a new thing since free trade requires loan agreement with foreign parties. The issues with debtor's assets confiscation in other countries are the recognition and implementation of the domestic’s court decision in other countries and vice versa. Based on normative juridical research, Indonesia, Thailand, and Singapore do not recognize bankruptcy decision from other states domestic court due to the application of territoriality principle that debtor's assets in these countries cannot be confiscated by foreign creditors and the bankruptcy decision by those courts will not be recognized and implemented in other countries. With cross-border insolvency bilateral agreements such as between Singapore and Malaysia, the bankruptcy decision of each country can be recognized and implemented in countries which enter into agreements. Different to Japan and South Korea which apply the universality principle so that domestic bankruptcy decision may apply to the debtor's assets abroad and vice versa.

PEMBARUAN HUKUM TERHADAP LEMBAGA PRAPERADILAN MELALUI PUTUSAN PENGADILAN Maskur Hidayat
Yuridika Vol. 30 No. 3 (2015): Volume 30 No 3 September 2015
Publisher : Universitas Airlangga

Law enforcement process is an effort to maintain security and public tranquility. The process of implementation of the law enforcement needs to be implemented correctly and legally. It is necessary to be controlled so that the process is not being done arbitrarily since the individual rights in the process of law enforcement have to be protected. Pre-trial is an institution that allows the monitoring of the actions done by the law enforcement agencies.Pretrial institutions are a form of mechanism provided by the state that can be used for any individual who feels that his rights have been arbitrarily deprived. Because basically protection of the individual is a goal and not just a tool. This means that there are limitations or side effects for an act that is allowed to disrupt fundamental human rights. Obtain a fair and open mechanism then the testing of state instrument actions in the form of deprivation of the right to liberty or confiscation of goods, such as the act of arrest, detention, determination of suspects, and seizure are placed in pretrial concepts held in open trials. With the hearing open, then the implementation of the trial other than built on the accountability of mutual supervision conducted by the parties there will also be supervision by those present in the open trial, such as community and mass media.

PERAN MAJELIS KEHORMATAN DISIPLIN KEDOKTERAN INDONESIA (MKDKI) TERHADAP DUGAAN KELALAIAN MEDIS DOKTER Sapta Aprilianto
Yuridika Vol. 30 No. 3 (2015): Volume 30 No 3 September 2015
Publisher : Universitas Airlangga

Governments in Indonesia have sought a protection under the law to create a harmony of doctor-patient relationships. The establishment and the realization of special assemblies in the medical field in Indonesia such as KKI, MKDKI and MKEK is proof that the government is serious about the existing problems. In accordance with a headline about the existence of MKDKI Against Medical Error Doctor, then target the results of this paper to be used as guidance for the people and anyone who is legal interests harmed by the actions of medical mal doctor. Medical Practice Act governing the duties and authority MKDKI, but menaknisme complaints should be clarified through this tuisan following characteristics rather than the actions of doctors assessment of medical errors. According to the Act the medical field in Indonesia do not use the term negligence when using a term that includes the Medical Disciplinary Violations violation of professional standards, violations of operational procedures and violation of service standards. On the other hand the results of this paper can be a reference for the development of health law, especially with regard to the mechanism of settlement of the criminal case of medical error doctor.

SIC ET NON : KEBEBASAN DAN PEMBATASAN HAK KEMUDAHAN DAN PERLAKUAN KHUSUS Dhia Al Uyun
Yuridika Vol. 31 No. 1 (2016): Volume 31 No 1 Januari 2016
Publisher : Universitas Airlangga

Sic et Non. Yes and no. Freedom and restriction of the essence of HKPK. Both are located face-to-face. Every country has a unique character in implementing and synthesizing. This matter will be discussed in this article. The main problem is the ratio legis HKPK in the constitution. In Indonesia, the ratio legis is constitutional rights. Ratio Legis HKPK in Indonesia is in the framework of the realization of gender justice it is seen in various minutes of the amendment formulation meeting. As part of human rights, HKPK emerges under a forum agreement to be an integral part of human rights. However, the textual HKPK does not limit the HKPK on gender differences. The decision of the Constitutional Court to legitimize the application of HKPK in cases of gender differences. In India and Pakistan is fundamental rights. In Germany leads to individualistis. In United States showed unwritten constitution. Finally in South Africa show the priority in the equality. Secondly, The freedom and restriction are both, sythese as morallity and realize by rule.

PRINSIP KEADILAN DALAM TANGGUNG JAWAB NEGARA TERHADAP KORBAN TINDAK PIDANA KARENA PELAKU TIDAK MENJALANI PEMIDANAAN Meldy Ance Almendo
Yuridika Vol. 31 No. 1 (2016): Volume 31 No 1 Januari 2016
Publisher : Universitas Airlangga

In the expansion of its objectives a convicted must also pay attention to justice for victims. The principle of equality before the law should be applied as equal justice for the perpetrators and for the victims. If the state takes over the enforcement of the criminal law because the mandate of the victim as a citizen of the state, the state shall be liable to the victim. This paper will discuss, the philosophical foundations of the State's responsibility to victims of crime, the principle of justice in the form of state responsibility to the victim as a result of failure of the responsibility of the offender conducting the sentence. Due to legal science has characteristics that are percriptive so this study, using normative legal research (doctrinal) is the research to produce arguments, theories or new concepts as prescriptions in solving the problems faced.

FUNGSI FILSAFAT, AGAMA, IDEOLOGI DAN HUKUM DALAM PERKEMBANGAN POLITIK DI INDONESIA Peni Jati Setyowati
Yuridika Vol. 31 No. 1 (2016): Volume 31 No 1 Januari 2016
Publisher : Universitas Airlangga

In democratic system in Indonesia, the growth of political parties shows that the democratic system has developed. The development of the democratic system has the objective to incernate the ideals of Indonesia as set forth in paragraph 4 of the Preamble of the Indonesian Constitution 1945. The political role in the development of national law in Indonesia cannot be separated from the context of history, religion, and ideology. The development of political shows the diversity of views. The views between the political parties in determining the political direction is based on the ideas and ideologies that have grown in it. The process of legal formation in the birth of positive law (in abstracto) is always influenced by certain political configurations that interact in the process. The ideas in this ideology would also have been based on the theory of truth which has been adopted from each party. Differences in the ideological views of political parties also gives effect to the development of legislation character and policy direction of the Government in determining the laws that determine the development of the legal system in Indonesia.

APPLICATION OF QOWAID FIQHIYYAH IN CONTEMPORARY ISLAMIC LAW Prawitra Thalib
Yuridika Vol. 31 No. 1 (2016): Volume 31 No 1 Januari 2016
Publisher : Universitas Airlangga

Qawaid fiqhiyyah is a very important element in the contemporary application of Islamic law for the reason that values contained in the fiqiyyah qowaid is a pulse in any fiqh in-the-istinbath of contemporary Islamic jurists. Not only that qowaid fiqiyyah is a parameter benefit whether law is needed or not, but also its main role to ensure that any fiqh in istinbathkan does not contradict the texts, namely the Quran and Sunnah. By applying qowaid fiqiyyah into every attempt of making or interpreting a law, it can be ascertained that law meets the standards to be applied in contemporary society, so it is not feared that the law would lead to new problems or a conflict of norms to apply. Islamic law and qowaid fiqhiyyah have interrelationship with one another, this is because the dynamism of Islamic law embodied in fiqh is very dependent on qowaid fiqhiyyah, in this case the characteristic of the generality or generality of the rules that make the Islamic law can be applied to all Conditions at all times and times.

KAJIAN ONTOLOGIS LEMBAGA MEDIASI DI PENGADILAN Rahadi Wasi Bintoro
Yuridika Vol. 31 No. 1 (2016): Volume 31 No 1 Januari 2016
Publisher : Universitas Airlangga

The implementation of mediation in court still seems formalistic. This condition makes the process of a civil case proceed to Supreme Court. Supreme Court Regulation No.1 of 2008 aimsto stream line the mediation institute incourt. However, in practice the Supreme Court Regulation No. 1 of 2008 was no different with Article 130 HIR, it even contrary to mediatio nontology and simple, fast and in expensive Justice Prinsiple. Mediation in court is institutionalization and empowerment of peace (court connected mediation) with the philosophical foundation is Pancasila which is the basis of our country especially the fourth precepts "People led by Wisdom Wisdom in Consultation / Representation". The fourth precepts of the Pancasila include, among others, the efforts to resolve disputes, conflicts or cases through deliberations to reach consensus encompassed by the spirit of kinship. This means that any dispute, conflict or matter should be resolved through negotiation or peace procedures among the disputing parties to obtain a collective agreement.

PENYATUAN HUKUM PAJAK FORMAL DALAM SISTEM HUKUM PAJAK NASIONAL Iwan Suhardi
Yuridika Vol. 31 No. 1 (2016): Volume 31 No 1 Januari 2016
Publisher : Universitas Airlangga

Characteristic of a tax system can be seen in the formal tax law that governs the tax collection procedure. Old tax law, such as as the Indonesian colonial tax law system is complex and is difficult to manifest. To tackle this problem, consolidated formal tax law such as General Provisions and Procedures of Taxation (UU KUP) has been used since 1983 to simplify the national tax law system. Result of this study showed that in practice, Indonesian tax system is still too complex. There are three main reasons for the observed complexity: First, inconsistency of the lawmaker and the policy maker. Separation between formal tax law and material tax law only occurs in the early reformation of tax law. In the sequential tax law reformation, the formal and material tax laws are coalesced together, going backward to the time prior to the national tax law system reformation. Second, UU KUP has not been able to accommodate all tax systems that are used in Indonesia, including the official assessment system. Third, there are disharmonisation between UU KUP and other formal tax law such as tax court law (UU Pengadilan Pajak). One potential solution is to return UU KUP to its original state as in 1983. In addition, UU KUP must be used as the sole formal tax law for all tax and UU KUP must accommodate all tax law system.

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Faizal Kurniawan

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+62315023151

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yuridika@fh.unair.ac.id

Editorial Address
Fakultas Hukum Universitas Airlangga Jl. Dharmawangsa Dalam Selatan, Surabaya 60286 Indonesia

Location
Kota surabaya,

Jawa timur

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Faizal Kurniawan

Contact Email yuridika@fh.unair.ac.id

Phone +62315023151

Journal Mail Official yuridika@fh.unair.ac.id

Editorial Address Fakultas Hukum Universitas Airlangga Jl. Dharmawangsa Dalam Selatan, Surabaya 60286 Indonesia

Location Kota surabaya, Jawa timur INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Faizal Kurniawan

Contact Email
yuridika@fh.unair.ac.id

Phone
+62315023151

Journal Mail Official
yuridika@fh.unair.ac.id

Editorial Address
Fakultas Hukum Universitas Airlangga Jl. Dharmawangsa Dalam Selatan, Surabaya 60286 Indonesia

Location
Kota surabaya,

Jawa timur

INDONESIA