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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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RATIFIKASI KONVENSI TENTANG HAK-HAK ANAK DALAM SISTEM PERATURAN PERUNDANG-UNDANGAN DI INDONESIA Zendy Wulan Ayu Widhi Prameswari
Yuridika Vol. 32 No. 1 (2017): Volume 32 No 1 January 2017
Publisher : Universitas Airlangga

The Convention on the Rights of the Child (CRC) is the most comprehensive human rights treaty and legal instrument for the promotion and protection of children’s rights. Unfortunately, while the other international human rights instruments ratified by Indonesia through an Act; CRC is the only international human rights instrument which ratified by Indonesia through a Presidential Decree. The CRC ratified by Indonesia through Presidential Decree Number 36 Year 1990. The use of a Presidential Decree as the instrument to ratify the CRC has delivered some critiques. This research examines the powers of the president on the formulation of the presidential decree on the ratification of the international legal instrument. In the second case, it analyses the position of the Presidential Decree Number 36 Year 1990 in the systems of laws and regulations in Indonesia. The findings of this study indicate that Indonesia has to consider the possibility of strengthening the instrument of ratification of the CRC from a Presidential Decree to an Act since in terms of its legal position, a Presidential Decree is not an appropriate instrument as the instrument of ratification of a treaty which subject matter involves human rights.

FOUR EYES PRINCIPLE DALAM PENGELOLAAN RISIKO KREDIT PADA BANK Nurwahjuni Nurwahjuni; Abd Shomad
Yuridika Vol. 31 No. 2 (2016): Volume 31 No 2 May 2016
Publisher : Universitas Airlangga

In order to implement the four eyes principle in the provision of bank credit there should be a separation of functions between the analysis, approval, and credit administration. The separation of functions is done in order to secure the credits begin the loan process until the credits were disbursed, even banks should separate settlement function of problem loans with a function that decides lending. This is done in order to avoid any conflict of interest between a bank and its clients' interests debtors. Due to the four eyes principle applied in lending may cause a credit crunch. Problem loans will affect the profitability and solvency of banks that ends decrease the soundness of the bank. Bank may be subject to administrative sanctions and criminal sanctions when the Member of the Board of Commissioners, Board of Directors, or bank employees who deliberately do not implement the measures necessary to ensure adherence to the bank of the provisions of this Act and the provisions of other legislation applicable to banks.

KRITERIA ASAS PEMISAHAN HORIZONTAL TERHADAP PENGUASAAN TANAH DAN BANGUNAN Dyah Devina Maya Ganindra; Faizal Kurniawan
Yuridika Vol. 32 No. 2 (2017): Volume 32 No 2 May 2017
Publisher : Universitas Airlangga

The law of The National Land embrace the horizontale scheiding. The horizontale scheiding declare that buildings and plants are not part of the land, it results that ownership of land will not automatically include ownership of the buildings and plants above. And it also means that a legal act against a land will not involve a legal act against the buildings and plants. The existence of the horizontale scheiding could be used to deceives any parties. Then the criteria of horizontale scheiding towards land and/or building’s tenure is necessary to be ascertained before giving legal protection to the parties since both of The Law of the National Land and Burgerlijk Wetboek haven’t give a clear explanation about it. Control of land and buildings in the Burgerlijk Wetbook (BW) adheres to the principle of attachment or which is also referred to as the principle of natrekking / accessie principle. In this principle, the buildings and plants that exist on the ground constitute a unity, more details, buildings and plants are part of the land concerned. Land tenure by itself will also include control over existing buildings and plants and legal acts of land by itself will also include existing buildings and plants.

KEDUDUKAN NEGARA SEBAGAI PENGELOLA WARISAN ATAS HARTA PENINGGALAN TAK TERURUS MENURUT SISTEM WARIS BURGERLIJK WETBOEK Oemar Moechthar
Yuridika Vol. 32 No. 2 (2017): Volume 32 No 2 May 2017
Publisher : Universitas Airlangga

The legal system of inheritance in Indonesia is divided into three systems, namely western heirs legal system derived from burgerlijk wetboek (hereinafter referred to as "BW"), the legal system of inheritance of Islam derived from the Qur'an, hadith and ijma, and customary inheritance law. Burgerlijk Wetboek inheritance law governing the possible legacy of someone who would fall into the state and controlled by the state. In certain cases the state on an inheritance from the testator if the testator leaves no heir, and wills, so that the legacy of the heir to the legacy categorized as slipshod heritage (onbeheerde nalatenschap). In this case the Orphan’s Court takes its participation to act as the manager of the neglected. The method used in this research is the approach statute and case approach. The study is in the context of the legal approach doctrinal legal research, but did not rule on the legal interpretation methods can be primarily related to the issues to be investigated. Regulation of Orphan’s Court in Indonesia remains sectoral and still former colonial possessions, so that the necessary regulations concerning Orphan’s Court Law form containing tasks, functions, powers, rights and obligations of the institution.

KEADILAN DALAM HUBUNGAN HUKUM ANTARA DOSEN PERGURUAN TINGGI SWASTA DENGAN BADAN PENYELENGGARA PERGURUAN TINGGI Miftakhul Huda
Yuridika Vol. 32 No. 3 (2017): Volume 32 No 3 September 2017
Publisher : Universitas Airlangga

The position of the lecturer as a professional educator who runs the college tridharma causes the legal relationship of the lecturer of Private Higher Education with the Private University Administration Board to have its own distinct characteristic from the legal relationship in the labor law which is characterized by a limited relationship or sub-ordinate (dienstverhovding) Which characterizes the relationship between the government/the authorities and the people. The construction of these different legal relationships causes the courts in Indonesia to have no strong foothold regarding the absolute authority to adjudicate disputes or disputes arising in the legal relations of Private University lecturers with the Private University Organizing Body. Thus, it is necessary to create a new concept of legal relationship in parallel position whose basic rights and obligations are determined by the Law because the implementation of education should be the obligation of the government so that the people who assist its implementation should be given optimal protection both in terms of freedom of academic pulpit and welfare protection of lecturers

PENYIARAN BERITAKRIMINAL DALAM KERANGKA PERLINDUNGAN HAK TERSANGKA/TERDAKWA Ig Punia Atmaja Nr
Yuridika Vol. 32 No. 3 (2017): Volume 32 No 3 September 2017
Publisher : Universitas Airlangga

Broadcasting of criminal news on television constitutes part of freedom of the press to provide information for the public through the print media or electronic media. Broadcasting of criminal news through television describes events of crime as if we directly see from the crime scene. There have been regulation and institution providing for and overseeing broadcasting, namely Law Number 40 Year 1999 regarding the Press and Law Number 32 Year 2002 regarding Broadcasting, the Press Council stipulating “journalists’ code of ethics” and the Indonesian Broadcasting Commission stipulating “Broadcast program standards and broadcasting code of conduct”. The presentation of criminal news by showing the faces and identities of suspects or defendants constitutes a violation of the principles of presumption of innocence, namely someone must be deemed or treated not guilty until there is a court ruling stating that he or she is guilty. In addition, the broadcasting of criminal news affects suspects or defendants in obtaining due process of law, public prosecutors and judges who examine the case. Therefore, it is necessary that the broadcasting of criminal news not violating code of ethics or rules and the rights of suspect or defendant be endeavored.

MATERIAL TRANSFER AGREEMENT SEBAGAI SARANA PERLINDUNGAN HUKUM PARA PIHAK DALAM PERJANJIAN PENGALIHAN MATERI BIOLOGI Sogar Simamora; Agung Sudjatmiko; Ria Setyawati
Yuridika Vol. 31 No. 2 (2016): Volume 31 No 2 May 2016
Publisher : Universitas Airlangga

Biological material is largely a free component, but the development of these materials can be objects that have commercial high value. Thus, the biological material is also associated with the ownership and control should be regulated by the misuse of biological materials hukum. According to the characteristics of MTA as a civil agreement, the parties will be decisive in the formulation of the agreement, but the characteristics of biological materials, including viruses, which can endanger the safety and threaten public health requires the use of surveillance capabilities sampled by the competent authority. Thus, the protection of the right to material biologidan implementation monitoring system redirects biological materials need to be studied in detail for the purpose of sharing microbiological material for the benefit of mankind could reached . Indonesia's cases refusal to carry through the mechanism of virus sharing GISN (Global Influenza Surveillance Network) in the system of the World Health Organization (wHO) in 2007, the result of a lack of regulations concerning the transfer of biological material not truly perfect

PERLINDUNGAN HUKUM BAGI WARGA NEGARA DALAM PELAKSANAAN MUTASI PEGAWAI NEGERI SIPIL Muhammad Yassin
Yuridika Vol. 31 No. 2 (2016): Volume 31 No 2 May 2016
Publisher : Universitas Airlangga

Civil servant is the incumbent Government in doing a service to the community. To meet the needs of employees in the Agency-agencies or areas that need or are experiencing a shortage of substitute employees Transfer of civil servants or mutations. The occurrence of a mutation or the transfer of work areas occurs only on civil servants, not government employees with the agreement because the civil servant has no agreement or contract work but hired a public agreement was generally recognized by many countries. In practice, Transfer of civil servants is one of the activities closely associated with the emergence of imbalance between the rights and obligations of civil servants as the civilian apparatus of state and as the citizens. Therefore, it is necessary to have legal protection for civil servants in the implementation of the transfer of civil servants. In relation to the implementation of the mutation, any civil servant who is transferred must be treated equally, whether it is the right or obligation of the civil servant concerned. Mutations are not the cause of the reduced rights, such as salary, leave, opportunities for promotion, even safe and healthy working conditions. Implementation of the mutation should also ensure that the workload and related employee responsibilities will remain the same as those performed in the previous workplace.

PERLINDUNGAN HUKUM BAGI RAKYAT AKIBAT TINDAKAN FAKTUAL PEMERINTAH Bambang Arwanto
Yuridika Vol. 31 No. 3 (2016): Volume 31 No 3 September 2016
Publisher : Universitas Airlangga

The research reveals that The Act No. 30 of 2014 on Government Administration demonstrates the existence of effort to provide a legal protection by requiring the present of clear and legal laws as the base of every government’s acts taken (bestuurs handelingen). This includes providing the chance and way to litigation process for the people who suffer of loss caused by the government’s acts. Especially on the administrative dispute that appears as the result of government’s real act (feitelijke handelingen), transforms its ruling into the Article 85 on the transfer of “onrechmatige overheidsdaad” dispute resolution from the public court into the administrative court, the Article 22 and the Article 29 on the decision/act of discretion, and also the Article 87 letter a on factual act as the expansion element of administrative decision. Consequently, the administrative court has the authority to judge the administrative dispute that appears as the result of government’s real act (feitelijke handelingen) which is only limited to legality testing and not to sue on the basis ofcompensation. It is firmly connected in determining where the legal responsibility lies towards the aggrieved people; whether the compensation becomes the rank responsibility/liability (on the basis of faute de service) or personal responsibility/liability (on the basis of faute de personelle) from the relevant government official.

ASPEK HUKUM KARTU INDONESIA SEHAT Zahry Vandawati; Hilda Yunita Sabrie; Widhayani Dian Pawestri; Rizki Amalia
Yuridika Vol. 31 No. 3 (2016): Volume 31 No 3 September 2016
Publisher : Universitas Airlangga

Assurance is an important element in financial planning, but because of the low public awareness and myths that circulate in society around the insurance makes people reluctant to buy insurance products. Insurance is also known only for the upper middle class. On the other hand the realization of a prosperous society, one of which is assessed from the level of good public health. For that the government issued a compulsory social insurance in which the entire community on the mandate of the law shall be a participant of the program. Since 2011, the government has issued a regulation related to the National Social Security System and implemented through Badan Penyelenggara Jaminan Sosial (BPJS) in 2014. However, in the event it was due to political dynamics, the government under Jokowi leadership reissued Kartu Indonesia Sehat (KIS) A presidential regulation that functions the same as the existence of BPJS. This is what needs to be studied more deeply, because it is feared there will be overlapping roles and functions between BPJS and KIS them.

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Faizal Kurniawan

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+62315023151

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yuridika@fh.unair.ac.id

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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