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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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AUTHORITY OF INTELLECTUAL PROPERTY CONSULTANTS Ervin Setiawan
Yuridika Vol. 31 No. 2 (2016): Volume 31 No 2 May 2016
Publisher : Universitas Airlangga

Intellectual Property Consultants appointed by the Ministry of Law and Human Rights is an office that has a limited authority to carry out their duties; The appointment of IPR consultant are intended to assist Ministry of Law and Human Rights in resolving the matter on IPR registration. Due to the reason that IPR is the scope of Ministry of Law and Human Rights authority, the one which has the authority to appoint someone as IPR Consultant is also Ministry of Law and Human Right. Appointment of IPR Consultant should be specially granted for Law School Graduate due to the reason that Consultant shall understand and able to execute the procedure of authority and regulation that limits its authority in running Consultant position. In carrying out its duties, IPR Consultant will be closely related to legal action and must strictly comply with the Law and assume responsibility given by the client. The duties and responsibilities attached to IPR Consultant have a legal consequence. In conducting its duties, IPR Consultant shall be able to read and implement the regulation enforced by the government.

KEDUDUKAN NASKAH AKADEMIK DALAM PENAFSIRAN KETENTUAN-KETENTUAN DALAM UNDANG-UNDANG Eko Supriyanto
Yuridika Vol. 31 No. 3 (2016): Volume 31 No 3 September 2016
Publisher : Universitas Airlangga

Even though an text academic was required in the bill, but an text academic is not necessarily used as an instrument by the legislators in shaping legislation and interpret the provisions of the law by the Constitutional Court. Based on consideration of the Constitutional Court the existence of an text academic was not binding on legislators and text academic as a material law also does not bind the Constitutional Court for use in interpreting the provisions of the law. So interpretation is one way to perfect the constitution. The interpretation that has binding power is the judicial interpretation. But in making that interpretation, the court is not doing it as a special activity or individually but through its decisions. Therefore, in relation to the constitutional interpretation made by the Constitutional Court in the case of decisions of the Constitutional Court is essentially the forms of judge interpretation and contains binding interpretations on various constitutional provisions relating to the case filed.

DIMENSI KEADILAN PENGELOLAAN PERIKANAN TANGKAP DALAM PERSPEKTIF OTONOMI DAERAH Indra Yulianingsih
Yuridika Vol. 32 No. 1 (2017): Volume 32 No 1 January 2017
Publisher : Universitas Airlangga

The enactment of Act No. 23 Year 2014 on Regional Government revised the Article 18 paragraph (1) of Act No. 32 of 2004 and caused the authority of local governments in the exploration and exploitation of resources in the sea area not applicable anymore. The impact of this change is the difficulty of local authorities to ensure the welfare and/or the prosperity of communities in the coastal areas that lead to injustice in the realization of people's constitutional rights. Legal issues discussed in this paper are the principle of distributive justice on the management of fishery resources in the autonomous region and the application of the principle of distributive justice on fisheries management in the autonomous region. The principle of distributive justice in an effort to fisheries management is based on several principles: the principle of utility, justice, solidarity, equity and sustainable development. Distributive justice serves as the basis of government policies to the people. The studies of state policy on regional autonomy could delegate that policy through local governments. This should be an opportunity for the region to manage natural resources in order to accelerate the achievement of well-being, especially in the regions.

PERLINDUNGAN HUKUM BAGI PEMEGANG SAHAM MINORITAS YANG TIDAK DILIBATKAN DALAM PROSES AKUISISI Maya Sari; Abdul Rahcmad Budiono; Hanif Nur Widhiyanti
Yuridika Vol. 32 No. 3 (2017): Volume 32 No 3 September 2017
Publisher : Universitas Airlangga

Acquisition as a form of corporate restructuring that is carry out to overcome the situation of financial difficulties or improve the performance of the company as a whole or part of the business unit. In Article 126 paragraph 1 of Laws of the Republic of Indonesia number 40 of 2007 concerning Limited Liability Company stated that the acquisition process should consider the interests of minority shareholders. However, sometimes acquisition decisions have already been decided in advance by the majority shareholder without involving minority shareholders. Based on this, this paper intends to analyze the form of legal protection for minority shareholders who are not involved in the acquisition process. Through the approach of legislation and case approach, it is found that Laws of the Republic of Indonesia number 40 of 2007 concerning Limited Liability Company has not provided enough legal protection to minority shareholders. The decision-making process of acquisition in the General Meeting of Shareholders should be procedurally and substantively in accordance with Laws of the Republic of Indonesia number 40 of 2007 concerning Limited Liability Company. It is intended that minority shareholders have the opportunity to exercise their voting rights even though they do not have to be the party controlling the company.

PENYELESAIAN PERSELISIHAN INTERNAL PARTAI POLITIK M Anwar Rachman
Yuridika Vol. 31 No. 2 (2016): Volume 31 No 2 May 2016
Publisher : Universitas Airlangga

This study discusses the Dispute Parties in Indonesia, that is the arrangement of Law and Dispute Resolution Practice According to the Political Parties Act No. 2 Year 2011 concerning Political Parties, as well as the concept of management in the future. The method which use is normative research method concern with three approach, first is statute approach, second is conceptual approach, third is historical approach, forth is case law approach. The results of this study showed that of some Political Parties Act in force in Indonesia none laws governing firmly, clearly and in detail the concept of arrangment dispute Parties. Each order is the old order, New Order, and the Reformation, there are different provisions concerning political party dispute resolution. Almost all of the Indonesian political parties dispute in political or internal conflicts in the body of a political party. Law No. 2 of 2011, which set of settlement of political parties is irrelevant today because, the legal norms in the Law referred double meaning (ambiquity), blurred (absurbty), and it is very broad sense (overbulkiness). In the future need to be more detailed settings related to the legal principles of the Dispute Arrangement of Parties, legal institutions and judges, procedural law, the authority to adjudicate disputes political party.

PUTUSAN MAJELIS KEHORMATAN DISIPLIN KEDOKTERAN INDONESIA SEBAGAI ALAT BUKTI DALAM HUKUM ACARA PIDANA I Komang Gede Oka Wijaya
Yuridika Vol. 32 No. 1 (2017): Volume 32 No 1 January 2017
Publisher : Universitas Airlangga

Evidentiry of the existence of the alleged medical negligence, who is performed by a doctor is very difficult to do, provisions of law of general application, both in civil law (Burgerlijk Wetboek), criminal law and criminal procedure law can not necessarily be applied to cases in which one side is the doctor as medical personnel. After the enactment of Act No. 29 Year 2004 concerning Medical Practice, there is an institution which authorized to determine the presence of errors in the application of medical disciplines performed by a doctor. In the Indonesian Medical Council Regulation No. 32 Year 2015 Article 62 paragraph 2 implicitly mentioning the MKDKI Decision can not to use as evidence in determining medical negligence actions performed by a doctor. This is not accordance with the Constitutional Court Decision No. 14/ PUU-XII/ 2014 and the Criminal Procedure Code.

PENAFSIRAN KONTRAK DALAM PERSPEKTIF HERMENEUTIK Mohammad Zamroni
Yuridika Vol. 31 No. 3 (2016): Volume 31 No 3 September 2016
Publisher : Universitas Airlangga

Ideally a contract does not need to be interpreted if the words used are be able to describe the parties' intentions. But as a proverb says, a word has a million of meanings. How good the words used in a contract, there is always ambiguity. So, in the implementation phase of the contract, the difference of interpretation often arises. Basically, contract law has provided guidance to the judges in interpreting the contract. The contract interpretation guidelines has been formulated in Article 1342 up to Article 1351 BW. But the principles of contract interpretation is generally used partially, so that interpretations often exacerbate differences of interpretation. Hermeneutics is a method which integrates all contract interpretation instruments. In terms of philosophists, hermeneutics is knowledge to comprehend an idea truthfully. The purpose of hermeneutics is to elaborate an idea clearly. By implementing the hermeneutics, the understanding to contract can be more comprehensive, not only the understanding to the text, but to the context, and the contextualization as well.

PRINSIP-PRINSIP HUKUM TENTANG TINDAK PIDANA PENGHINAAN DAN PENCEMARAN NAMA BAIK DALAM PERPSPEKTIF PERLINDUNGAN HAK ASASI MANUSIA Nanda Yoga Rohmana
Yuridika Vol. 32 No. 1 (2017): Volume 32 No 1 January 2017
Publisher : Universitas Airlangga

International Convention on both the UDHR and ICCPR which guarantee the right of freedom of speech and protection of one's honor and good name. While the Constitution has also guaranteed by Article 28E, 28F and 28G. In the rate level the Act still contained their conflict of law rules among specific law, but it also contained vagueness of the rule of law contained in Article 27 paragraph 3 of the Act ITE and Articles 310 and 311 of the Criminal Code that do not reflect the lex certa and lex scripta. Although there have been special criminal eraser reasons contained in Article 310 paragraph 3 Penal Code in the form of a defense of necessity and in the public interest, but in theory difficult to apply because of lack of the concept of the special criminal eraser reasons. In addition, there is a void laws that have not been regulated in the Indonesian national law as a reason for a special criminal eraser. Legal issues discussed are ) The offenses insult and defamation in terms of the principles and laws of human rights, 2 Formulation of law and/or construction law related criminal offenses insult and defamation in order to balance the protection of freedom of speech and respect the individual's good name.

TINJAUAN YURIDIS BENTUK USAHA TETAP PENYEDIA LAYANAN APLIKASI DAN KONTEN BERBASIS INTERNET DI INDONESIA Ragil Prastyawan; Budi Santoso; Tunggul Ansari
Yuridika Vol. 32 No. 3 (2017): Volume 32 No 3 September 2017
Publisher : Universitas Airlangga

Permanent establishment is an expansion of foreign corporations which cannot perform any legal act in Indonesia. For that reason, it cannot be created into a corporation. Foreign corporations providing online application or internet-based content perform virtually their activities of their operation in Indonesia. The legalisation of permanent establishment created by foreign corporations is ruled in ministerial circular letter of the Ministry of Information and Communication no. 3 of 2016. One of the matters ruled in Presidential Decree no. 44 of 2016 is business field of information and communication. It is categorised into business field with certain requirements. Eventually, the regulation allows them to invest and form a corporation in Indonesia. Additionally, this regulation is created in order to keep everything in order and benefit from foreign corporations' investments in Indonesia. The method used in this study is normative method with three approaches: statute approach, case study approach, and conceptual approach. The result of this study shows that business field providing online application or internet-based content mentioned in ministerial circular letter of the Ministry of Information and Communication no. 3 of 2016 can be categorised into information and communication technology sector as also mentioned in Presidential Decree no. 44 of 2016 which regulates lists of open business field and closed business field with certain requirements. According to the regulation, permanent establishment formed by foreign corporations in Indonesia must be in the form of limited liability company.

PRESIDENT PERMISSION TO THE INVESTIGATION OF STATE OFFICERS ON MALADMINISTRATION ACTION Muh Sabaruddin Sinapoy
Yuridika Vol. 31 No. 3 (2016): Volume 31 No 3 September 2016
Publisher : Universitas Airlangga

The purpose of writing this journal is to find out that permits is a juridical instrument used by the government to influence the people to want to follow the recommended way to achieve a concrete goal. Permission serves as the spearhead of the legal instrument as advisors, engineers and designers. Permits can be used as a control instrument and an instrument to realize good governance, structuring and regulation of these permits are supposed to be done as the realization of governernment function related to the inspection of state official by law enforcement official. The research methods utilized is a normative method which involved the method of regulatory analysis and conceptual analysis. This research confirms that presidential permit for the examination and summon of public official are indeed needed and necessary, which can be formulated through special law and regulations on the procedures of examination permit, which are to be synchronized with other related laws and regulations. President Permission, when viewed from the standpoint of administrative law has meaning as preventive instrument used for protect President that the governance and functioning of public service at the central and local government. This research recommends for a formation of special court which can take place through a forum privilegiatum, under the Supreme Court to allow for recognition of the state official´ positions, statuse,s and dignities.

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Faizal Kurniawan

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yuridika@fh.unair.ac.id

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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

Abstract

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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