Garuda - Garba Rujukan Digital

Article Per Year (5 Year)

All

Yuridika

YDK
Website

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

11 12 13 14 15

MANFAAT ANALOGI DALAM HUKUM PIDANA UNTUK MENGATASI KEJAHATAN YANG MENGALAMI MODERNISASI Aris Hardinanto
Yuridika Vol. 31 No. 2 (2016): Volume 31 No 2 May 2016
Publisher : Universitas Airlangga

The development of information technology and bring a significant impact on the development of society and the law. In the field of criminal law, appear various types of crimes recently that never existed in the laws of criminal law (CRIMINAL CODE), because by the framers, haven't gotten around to think about before. The consequences are many terms in the PENAL CODE which, if interpreted narrowly made the CRIMINAL CODE left behind by the times. To overcome stiffness in interpreting CRIMINAL CODE, then the judge is given the authority to interpret broadly known by the method of interpretation of the law. Methods of interpretation of law in the criminal law is a method of grammatical interpretation, history, teleologis, systematic, and extensive or restrikif. Legal scholars have different opinions on the interpretation of the extensive and analogy. Some legal scholars distinguish but there are who equate. The difference of views as well as to be whether the analogy application of analogy in the criminal law. The analogy has a benefit as solution addressing the stiffness of judges in interpreting the provision in the Criminal Code which have not had time unthinkable by the framers of the CRIMINAL CODE as the impact of the development of science and technology.

PENERAPAN ASAS KESEPAKATAN DALAM PENGADAAN TANAH BAGI PEMBANGUNAN UNTUK KEPENTINGAN UMUM Djoni Sumardi Gozali
Yuridika Vol. 32 No. 3 (2017): Volume 32 No 3 September 2017
Publisher : Universitas Airlangga

The legal issues of this research consist of the application of the consensualism principle in land procurement for development for the sake of public interest. The method of this research is normative legal research by applying statute approach, conceptual approach.The results of this research there is deviation in the enforcement of the consensualism principle in Article 66 paragraph 4 of Act Number 2 of 2012 which determines that deliberation towards consensus isn only in a form of compensation, is contrary to Article 37 paragraph 1 and 2 of Act Number 2 of 2012 which stipulates that deliberation is conducted in determining the form and/or the amount of compensation. The provision of Article 42 of Law Number 2 Year 2012 which determines the reason for consignment or care for compensation in a State court shall be done if the entitled to be denied the form and / or amount of compensation, replace with the principle of agreement because it is done without based on the agreement of the parties, With the essence of deliberation that requires an agreement.

TANGGUNG JAWAB PELAKU PIDANA PELANGGARAN DALAM PERSPEKTIF RESTORATIVE JUSTICE Karim Karim
Yuridika Vol. 31 No. 3 (2016): Volume 31 No 3 September 2016
Publisher : Universitas Airlangga

The handling of the minor criminal act case settlement tends to be conducted as a general crimanal act because it is only focused on criminal responsibility of perpetrators which is based on the responsibility of their actions and faults, without considering the quality orvalues of the crime objects, so it breaks the sense of justice in society. Whereas, basically a minor criminal act is a simple and harmless criminal act, and it just cause merely little losses of the victims. For this reason, an alternative case settlement of the minor criminal act is needed by restorative justice approach which has a more emphasis on the creation of conditions of fairness and balance between the perpetrator to the victim. Because the current criminal justice procedure focuses solely on criminal prosecution and ignores the interests of the victim, thus it is transformed into a process of dialogue / mediation, involving the victim to create a fairer and more balanced minor criminal act case settlement.The criteria for completing the criminal cases through restorative justice is that the perpetrator is not punished .In other words through this restorative models, perpetrator does not need to go to jail if the interests of the victim and the loss have been restored or have been recovered, the victim and the community have forgiven, while the perpetrator has expressed regret.

THE FUNCTION OF LEGAL REASONITY IN COURT JUDGEMENT (MODEL ON FINDING THE LAW REFLECTY PANCASILA VALUE) Deka Rachman Budihanto
Yuridika Vol. 32 No. 3 (2017): Volume 32 No 3 September 2017
Publisher : Universitas Airlangga

Legal research is a process to determine the rule of law, principles of law and legal doctrines in order to address the legal issues at hand. This study using a type of normative juridical (legal research). Rechtvinding understanding in Indonesian as legal discovery (translated literally) could mislead rechtvinding function is to find concrete norm to associate the relevant legal facts. Adhering to the understanding of the rechtvinding the judge in carrying out its functions prosecute a legal case can not be separated from efforts to find concrete norms to be linked to the fact the law. Furthermore, when the facts of law has no grounding norms that govern mutatis mutandis thus not regulated in the rules of positive law and customary law. Scholasticism and dialectic method is used as a support hermeneutic interpretation of legal facts to me recht construction of a new legal norm normative ideas should not be separated from Idee recht itself. Rechvinding model contained in the provisions of the Basic Law of Judicial Authority Article 1 in Conjunction with Article 5, Article 10 in conjunction with Article 50 1 for the model Rechtvinding is the approach taken by norma series is a concept of morals and justice and practices considered society as law and the criminal law model rechtvinding is also banned norma concrete (new), to assess the actions (act) so that an exit permit from the actions that have not been regulated in the act so that such actions are not punished.

KONSEP BARU PENGEMBALIAN KERUGIAN NEGARA DARI TINDAK PIDANA KORUPSI Yudi Wibowo Sukinto
Yuridika Vol. 31 No. 2 (2016): Volume 31 No 2 May 2016
Publisher : Universitas Airlangga

The new concept of returns losses state finance on corruption based on The Theory of Imprisonment for Non Payment of Fine, firstly came from Singapore state placed in the Criminal Procedure Code Singapore, and the Singapore Customs Act Chapter 70, 119, which requires the convicted person to pay losses to the state. Losses States referred to either a fine of the decision of the judge or of the money indemnity State then in that State applied The Imprisonment for Non Payment of Fine, so the convict is given a prison sentence must conform table the amount of loss Country / Region generated, the equivalent length of additional criminal the perpetrator of a crime, if it is applied in Indonesia is very effective at all, especially in the implementation of the compensation losses Country/Region due to corruption, so it will certainly bring a deterrent effect on criminals. In Indonesia, the the Parliament who make the policy of the legislature or make Act most pleased coupled with Criminal Provisions which adheres to sentencing by the deterrent effect which intends to apply the theory of retributive namely bringing the perpetrators to suffer a sentence for committing a crime, so it is no longer thinking about how to indemnification countries / areas due to a criminal act, by the offender.

KEABSAHAN KONTRAK JUAL BELI RUMAH SUSUN DENGAN SISTEM PRE PROJECT SELLING Lintang Yudhantaka
Yuridika Vol. 32 No. 1 (2017): Volume 32 No 1 January 2017
Publisher : Universitas Airlangga

Nowadays, most of the developers use Pre Project Selling system in selling a flat. Pre Project Selling system is the selling before the property was constructed in which the property is still in the form of images or concepts. This system is always related with a Binding Sale and Purchase Agreement (PPJB). To make a PPJB, a requirements that regulated in Law Number 20 of 2011 about Flat should be fulfilled. If those requirements are not fulfilled, it will certainly has the potential to harming the parties, especially the purchaser. Usually, PPJB is a standard contract that was made unilaterally by the developer and tends to ignoring the interest of the purchaser. The objective of this research is to know about the validity of PPJB. This Article user descriptive analysis method. The conclusion is that PPJB is valid when the requirements in Law Number 20 of 2011 about Flat has been fulfilled.

PERTANGGUNGJAWABAN PIDANA KURATOR BERDASARKAN PRINSIP INDEPENDENSI MENURUT HUKUM KEPAILITAN Sriti Hesti Astiti
Yuridika Vol. 31 No. 3 (2016): Volume 31 No 3 September 2016
Publisher : Universitas Airlangga

This article aimed to criticize the juridical basis of scope of crime mentioned on Law Number 37 of 2004, focuses on criminal responsibility of a curator based on independence principle of bankruptcy law. Essentially, bankruptcy is a part of civil law. However, some bankruptcy cases eventually evolve into criminal matters when a bankruptcy curator who is responsible in handling and administering bankruptcy case is positioned as defendant charged for conducting criminal acts. As stated on Article 234 Verse 2 of Law Number 37 of 2004, a curator who is proven not independent during bankruptcy court may be charged with criminal law. Criminal sanctions for non-independent curators aimed at preventing the curator from committing criminal acts in the course of the execution of the duty and maintenance tasks. Here, the role of criminal law is as a guardian of the norms that exist in the Law on Bankruptcy related to the duties and responsibilities of the curator. In order for a curator or committee before declaring his willingness to accept the duties and responsibilities of the consequences of the bankruptcy verdict or the postponement of the debt obligation obligation (PKPU) really ensure that he will not commit a disgraceful act of.

LEGAL PRINCIPLES IN FUNCTION AND PERFORMANCE OF BOT CONTRACT Reifon Cristabella Eventia
Yuridika Vol. 32 No. 3 (2017): Volume 32 No 3 September 2017
Publisher : Universitas Airlangga

Build, Operate and Transfer (BOT) represents a long term partnership of the government and private sector. In BOT project, either the government or a private sector identifies a need for a development project. The philosophy in BOT contract begins from the increasing infrastructural needs in all areas and with a limited budget, government are required to commit the duties and functions state governance so that the concept of BOT give a solution through a partnership with the private sector. The government then gives a concession to the private sector to build the project and operate it for a fixed period years, after the period ended, the building shall be transferred to the government. Through BOT, the country is able to gain asset without government spending while maintaining a measure of regulatory control over the project. BOT permits the government to use private sector fund to finance public infrastructure development. The main issues elaborated in this article are the legal principle in the formation of BOT contract and the legal principle in the performance of BOT contract. There are two results; firstly, in the formation of a BOT contract, the principles of partnership and the principle of transparency should be emphasized. Secondly, in performance of the BOT contract, the principle of risk management and the principle of proportionality should be clearly stated in the rules and legal norms.

REORGANIZATION OF REGIONAL ENVIRONMENTAL INSTITUTION Bagus Oktafian Abrianto; Suparto Wijoyo
Yuridika Vol. 32 No. 1 (2017): Volume 32 No 1 January 2017
Publisher : Universitas Airlangga

Nowadays, The Institutional of environmental in regional experinced many changes, its cause of stipulated of Law No. 23 of 2014 on Local Government and Government Act No. 18 of 2016 on Local Government Organization. Rule about central government authority and local government authority on environment aspect that ruled by Act No. 32 of 2009 on Protection and Management of Environment must be adjusted with Act No. 23 of 2014 on Local Government and Government Act No. 18 of 2016 on Local Government Organization. This research analyze about institutional harmonization on statute approaches. It is expected that this research give a knowledge of affairs which central government authority, province government authority, and district/regency government authority clearly especially on environment aspect. The minister of environment and forestry in order to implementing coordinative function, should be obliged to synchronize working program of environment institution between local and central government for making integrated environment management (policy) approaches.

KOMITMEN INTERNASIONAL DALAM KERANGKA PERKEMBANGAN DINAMIK UPAYA PENGENDALIAN GLOBAL WARMING Suparto Wijoyo; Wilda Prihatiningtyas
Yuridika Vol. 31 No. 3 (2016): Volume 31 No 3 September 2016
Publisher : Universitas Airlangga

Dynamic of commitment of International Community in the issue of control upon global warming has been developed since 1919 up to present. From available list of international treaties, it can be seen how strong the commitment of global community in the issues of environment, global warming as well as climate change. Unfortunately, it can be concluded, that those international treaties is so fragmented and therefore, is difficult to be implemented comparing with instrument of international environmental law in general. However, political will of national state is the essence to create international agenda. It is because olitical will of the state national is the core to make international agenda .It was because good reasons of a government can bring a good thing for the country and its people , especially again in control global warming So that in this case the state also has a role in realizing environmental sustainability for its people, it is also indirectly a part of the obligation of the state to maintain the stability and survival of the people and the preservation of natural resources in the country, for the welfare and prosperity of all the people .

Page 13 of 43 | Total Record : 422

11 12 13 14 15

Filter by Year

2001 2026

Filter By Issues

All Issue Vol. 41 No. 1 (2026): Volume 41 No 1, January 2026 Vol. 40 No. 3 (2025): Volume 40 No 3 September 2025 Vol. 40 No. 2 (2025): Volume 40 No 2 May 2025 Vol. 40 No. 1 (2025): Volume 40 No 1, January 2025 Vol. 39 No. 3 (2024): Volume 39 No 3 September 2024 Vol. 39 No. 2 (2024): Volume 39 No 2 May 2024 Vol. 39 No. 1 (2024): Volume 39 No 1, January 2024 Vol. 38 No. 3 (2023): Volume 38 No 3 September 2023 Vol. 38 No. 2 (2023): Volume 38 No 2 May 2023 Vol. 38 No. 1 (2023): Volume 38 No 1 January 2023 Vol. 37 No. 3 (2022): Volume 37 No 3 September 2022 Vol. 37 No. 2 (2022): Volume 37 No 2 May 2022 Vol. 37 No. 1 (2022): Volume 37 No 1 January 2022 Vol. 36 No. 3 (2021): Volume 36 No 3 September 2021 Vol. 36 No. 2 (2021): Volume 36 No 2 May 2021 Vol. 36 No. 1 (2021): Volume 36 No 1 January 2021 Vol. 35 No. 3 (2020): Volume 35 No 3 September 2020 Vol. 35 No. 2 (2020): Volume 35 No 2 May 2020 Vol. 35 No. 1 (2020): Volume 35 No 1 January 2020 Vol. 34 No. 3 (2019): Volume 34 No 3 September 2019 Vol. 34 No. 2 (2019): Volume 34 No 2 May 2019 Vol. 34 No. 1 (2019): Volume 34 No 1 January 2019 Vol. 19 No. 2 (2004): Volume 19 No 2 March-April 2004 Vol. 18 No. 3 (2003): Volume 18 No 3 May 2003 Vol. 16 No. 4 (2001): Volume 16 No 4 Juli-August 2001 Vol. 15 No. 4 (2000): Volume 15 No 4 Juli-Agustus 2000 Vol. 14 No. 2 (1999): Volume 14 No 2 Maret-April 1999 Vol. 33 No. 3 (2018): Volume 33 No 3 September 2018 Vol. 33 No. 2 (2018): Volume 33 No 2 May 2018 Vol. 33 No. 1 (2018): Volume 33 No 1 January 2018 Vol. 7 No. 5-6 (1997): Volume 7 no 5-6, September - Desember 1997 Vol. 6 No. 4-5 (1991): Volume 6 No 4-5 July, Agustus, September Oktober 1991 Vol. 32 No. 3 (2017): Volume 32 No 3 September 2017 Vol. 32 No. 2 (2017): Volume 32 No 2 May 2017 Vol. 32 No. 1 (2017): Volume 32 No 1 January 2017 Vol. 31 No. 3 (2016): Volume 31 No 3 September 2016 Vol. 11 No. 1 (1996): Volume 11 no 1 Januari 1996 Vol. 8 No. 1 (1994): Volume 8 no 1 Januari 1994 Vol. 7 No. 4 (1992): No 4 Tahun VII, Juli-Agustus 1992 Vol. 31 No. 2 (2016): Volume 31 No 2 May 2016 Vol. 31 No. 1 (2016): Volume 31 No 1 Januari 2016 Vol. 30 No. 3 (2015): Volume 30 No 3 September 2015 Vol. 30 No. 2 (2015): Volume 30 No 2 Mei 2015 Vol. 30 No. 1 (2015): Volume 30 No 1 Januari 2015 Vol. 29 No. 2 (2014): Volume 29 No 2 Mei 2014 Vol. 28 No. 2 (2013): Volume 28 No 2 Mei 2013 Vol. 29 No. 3 (2014): Volume 29 No 3 September 2014 Vol. 29 No. 1 (2014): Volume 29 No 1 Januari 2014 Vol. 28 No. 3 (2013): Volume 28 No 3 September 2013 Vol. 28 No. 1 (2013): Volume 28 No 1 Januari 2013 Vol. 27 No. 3 (2012): Volume 27 No 3 September 2012 Vol. 27 No. 2 (2012): Volume 27 No 2 Mei 2012 Vol. 27 No. 1 (2012): Volume 27 No. 1 Januari 2012 Vol. 26 No. 3 (2011): Volume 26 Nomor 3 September 2011 Vol. 26 No. 2 (2011): Volume 26 Nomor 2 Mei 2011 Vol. 26 No. 1 (2011): Volume 26 Nomor 1 Januari 2011 Vol. 25 No. 3 (2010): Volume 25 Nomor 3 September 2010 Vol. 25 No. 2 (2010): Volume 25 Nomor 2 Mei 2010 Vol. 25 No. 1 (2010): Volume 25 Nomor 1 Januari 2010 Vol. 16 No. 6 (2001): Volume 16 No. 6, November - Desember 2001 More Issue

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

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