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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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PENERAPAN FORUM REI SITAE DALAM GUGATAN BERDASARKAN PERBUATAN MELANGGAR HUKUM Ilhami Ginang Pratidina
Yuridika Vol. 30 No. 1 (2015): Volume 30 No 1 Januari 2015
Publisher : Universitas Airlangga

Forum rei sitae is an embodiment of the jurisdiction in rem, that is the state control over fixed objects or immovable property which is located in the state’s territory. It’s became a habit and jurisprudence in Indonesia that the lawsuit based on tort concerning a dispute over fixed objects, such as land and buildings, suited to the court whose jurisdiction covers an area of fixed objects, based on forum rei sitae as stipulated in Article 118 paragraph (3) Het Herziene Inlandsh Reglement (HIR). However, the truth of that customs and jurisprudence is still questionable. For this reason, this paper seeks to elaborate on whether the forum rei sitae may be applies in a lawsuit based on tort, using statute approach, conceptual approach and take some decision of the judiciary from Indonesian and foreign to strengthen the argument of this paper. Lawsuit based on tort is lead to jurisdiction in personam, while forum rei sitae used in jurisdiction in rem, so the application of forum rei sitae in lawsuit based on tort can’t be justified.

PEMBATASAN UPAYA HUKUM PERKARA PERDATA GUNA MEWUJUDKAN ASAS PERADILAN SEDERHANA, CEPAT DAN BIAYA RINGAN Bambang Sugeng Ariadi S; Johan Wahyudi; Razky Akbar
Yuridika Vol. 30 No. 1 (2015): Volume 30 No 1 Januari 2015
Publisher : Universitas Airlangga

The most important thing for any regulation judicial principle is simple, fast and low cost is to reduce the accumulation of cases in the Supreme Court. That is because, line with the increasing increasing number of incoming cases, and also that successfully terminated in the District Court and Court of Appeal, then the incoming number of decisions in the Supreme Court also increased and began to be a serious problem. In this regard, People's Consultative Assembly (MPR) seriously consider this and responded by provisions, that is TAP MPR No. VIII/MPR/2000 about of the Annual Report of State High Institutions at the Annual Session of the People's Consultative Assembly of the Republic of Indonesia in 2000 which one substance recommend that the Supreme Court immediately resolve pending lawsuits by increasing the number and quality of decisions and that the Supreme Court makes the rules o restrict the entry of cassation cases. Following up on the existence of the MPR decrees, he Supreme Court has issued several provisions n order to limit legal action in order to realize judicial principle is simple, fast and low cost, either in the form of the Supreme Court Rules (Perma) nor Supreme Court Circular Letter (Sema). This article is useful for know and understand how much has been the implementation judicial principle is simple, fast and low cost, in order to reduce the buildup of civil cases.

GOOD GOVERNANCE (TATA KELOLA PEMERINTAHAN YANG BAIK) DALAM PEMBERIAN IZIN OLEH PEMERINTAH DAERAH DI BIDANG PERTAMBANGAN Oheo K Haris
Yuridika Vol. 30 No. 1 (2015): Volume 30 No 1 Januari 2015
Publisher : Universitas Airlangga

Instruments in terms of the provisions of the mining law has been regulated by law No. 11 of 1967, in which the government's legal position is not comparable to the investors. granting it is the government or ruling authority in order to protect the interests of citizens in order to establish a concrete action even if it deviates from the provisions that are prohibited. Good governance or good governance is closely related to human rights. Thus, that one of the bases existence of a support or foundation of a discretion in this case the nature of the license by the government especially the mining sector is the presence of good governance or Good pemeritahan Governancne so as to create a harmonization as state officials

KELEMBAGAAN PENGELOLA MINYAK DAN GAS BUMI PASCA PUTUSAN MAHKAMAH KONSTITUSI (STUDI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 36/PUU-X/2012) Ganesha Patria Wicaksono
Yuridika Vol. 30 No. 1 (2015): Volume 30 No 1 Januari 2015
Publisher : Universitas Airlangga

BP Migas the kind of reform agenda from institutional manager oil and gas which is the part of Undang-Undang Nomor 22 Tahun 2001. BP Migas is institusional manager of oil and gas that formed to become the government representation as mining rights to controlling and supervising exploration and exploitation oil and gas that formerly held by pertamina. Politiekrecht establishment BP Migas is to avoiding conflict of interest if the regulation function and business has been place in the same institutional like the old Pertamina, so doing the separation institutional which do the function of regulation and business. The existancy of BP Migas impact to the mining rights which is the part of the authority of state control become obscuur ,because the fifth function that constructed by Constitutional Court by doing interpretation to section 33 act (2) dan (3) UUD NRI Tahun 1945 can’t through all and gradual. Through Constitutional Court decision No 36/PUU-X/2012 all the section which have related with BP Migas are unconstitutional. BP Migas should be dissolved and government from the regulation function should control the new institutionals function and authority. With the dissolution of BP Migas the government would establish similar function and authority institutional which named SKK Migas .With the present SKK Migas, so all the mining rights problems become interested to be re-examined.

ANALYSIS OF TRANSFER PRICING AS A TAX AVOIDANCE AND PROPOSED SUGGESTION TO PREVENT ITS DISADVANTAGES Kukuh Leksono S. Aditya
Yuridika Vol. 30 No. 1 (2015): Volume 30 No 1 Januari 2015
Publisher : Universitas Airlangga

It is very obvious that businesses upholding the main economic principal “obtai ning maximum profit by minimum capital/investment”. In this paper’s context, the words “capital/investment”in that principal not only defined as a “pre company’s wealth contribution” but also any company’s wealth which required for running the businesses. Therefore, it is not impossible that undertakings always developing in their own ways to increase their profit by avoiding taxes. Eventhough the tax avoiding is not illegal, in some circumstances it disrupts the goverment’s revenue. Using statutory and case approaches, this paper firstly trying to determine the transfer pricing concept in regards to positive and negative connotations. Secondly, the examination of transfer pricing implementation by undertakings. Then lastly, this paper provides some proposals to prevent the disadvantages of transfer pricing.

WEWENANG MAHKAMAH KONSTITUSI DALAM PENGUJIAN UNDANG-UNDANG HASIL RATIFIKASI PERJANJIAN INTERNASIONAL YANG BERSIFAT MULTILATERAL (STUDI KASUS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 33/PUU-IX/2011) Ni Ketut Aprilyawathi
Yuridika Vol. 30 No. 1 (2015): Volume 30 No 1 Januari 2015
Publisher : Universitas Airlangga

Indonesia is one of the founder of ASEAN in Bangkok, Thailand. After ASEAN Charter being made I 2007. 1 year later, Indonesia already ratificate that international agreement with National regulation which is Undang-Undang Nomor 38 Tahun 2008. After this kind of action some citizen especially who works in goods trade on a small scale, feel lost because the effect of this ratification. Based on that reason, some citizen make appeal on Constituional Court. Constitutional Court has authority to review Undang-Undang based on UUD NRI 1945. But this kind of review is not the same as the one which regulate on constitutional. Undang-Undang which being made together by parlement and President its not the same as Undang-Undang which being made to ratificate a international agreement. In making a generally Undang-Undang, it needs approval from the both parlement and President and the idea to make a new undang-undang it can based on both of them. Its different in making Undang-Undang ratification for international agreement, President obviously has a bigger role than parlement. The idea to ratificate international agreement, always based on Presiden idea and parlement just has authority to approving and decline the idea. Approving a Undang-Undang for ratificate an international agreement is not an parlemen’s action as legulator but as a state body that doing a check and balances role. On Putusan MK no. 33/PUU-IX/2011, it says that constitutional body has authority to adjudicate this case and decline all of the pleading. Issues about power of binding between Indonesia and international agreement having no problem cause constitutional court says “decline all of the pleading”, but it be a problem when the Constitutional Court says they have the authority to prejudice the case.

PENGANGKATAN DAN PEMBERHENTIAN KAPOLRI OLEH PRESIDEN Rizky Putra Zulkarnain
Yuridika Vol. 30 No. 1 (2015): Volume 30 No 1 Januari 2015
Publisher : Universitas Airlangga

The 1945 Constitution of Indonesia as the constitutional authority of the President shall arrange everything as the highest authority of the executive. Such arrangements must be made clear boundaries so that later the president does not exceed its authority itself and cause a totalitarian power . Prerogative is one authority regulated implicitly by the constitution and gave full power to the President to implement this right , such as the appointment and dismissal of the Chief of Police.

ASAS IKHITYATI PADA AKAD PEMBIAYAAN MUDHARABAH DI LINGKUNGAN PERBANKAN SYARIAH Trisadini Prasastinah Usanti; Prawitra Thalib
Yuridika Vol. 31 No. 2 (2016): Volume 31 No 2 May 2016
Publisher : Universitas Airlangga

Agreement in Arabic termed Mu'ahadah Ittfa, or Contract. In the language of Indonesia known by contract, agreement or approval meaning is an act where one or more bind itself against someone else or more. Equivalent of the word Agreement in Arabic is aqad. In terms of jurisprudence in general contract means something into someone's determination to carry out, both emerging from one party such as endowments, divorce, and the oath, as well as emerging from the two parties such as sale and purchase, rent, wakalah and pawn. On the basis of Islamic banking environment there are ikhiyati where this principle should be applied on the mudharabah financing contract. Basic Ikhtiyati/prudence had the meaning that each contract is done with careful consideration and implemented appropriately and carefully. The implementation of the principle of mudharabah financing contract on ikhtiyati requires the analysis of pembiyaan before the financing approved by the syariah bank, if the customer (mudharib) violate these restrictions, then the mudharib should be responsible in case of loss.

Upaya Pemerintah Daerah dalam Pengendalian Produksi Minuman Beralkohol Tradisional Luffita Alfianti
Yuridika Vol. 33 No. 1 (2018): Volume 33 No 1 January 2018
Publisher : Universitas Airlangga

Traditional alcoholic beverage, traditionally produced with hereditay recipe which is drunk to celebrate religious or tradition event. Government have not regulated a distinctive act to control production, so it needs to be analyzed the writer compose a thesis with systematical interpretation and extention to Regional Governance Act Number 23/2014, Ministry of Industry Regulation number 63/M-IND/PER/7/2014 in Restraining and Controlling The Industry and Quality of Beverage, Ministry of Trade Ragulation No. 20/M-Dag/Per/4/2014 in Restraining and Controlling of Supply, Distribution and Sale of Alcoholic Beverage, Head of Drug and Food Board Regulation Number HK.03.1.23.04.12.2205 in Guidelines On The Provision of Certificates of Food Production of Household Industries. Furthermore, writer also examine about Regional Government’s liability in controlling the production of traditional alcoholic beverage. Based on systematical interpretation and extention to regulation above, Regional/Local government has authorization in issuing a permit of traditional alcoholic beverage. However, there is no regulation that organizes the authority of local government to give license to the production of it. In contrast, local government has authority to control the distribution of traditional alcoholic beverage with implements the regulation inforcement to business activities that violate the license to trade by selling traditional alcoholic beverages.

Kejahatan Nama Domain Berkaitan dengan Merek Muhammad Nizar
Yuridika Vol. 33 No. 1 (2018): Volume 33 No 1 January 2018
Publisher : Universitas Airlangga

Indonesia already has an ITE Law governing domain names in general terms and on certain provisions in chapter VI, but the regulation of domain name crimes is not regulated in the ITE Law as mandated in the academic draft of the ITE Bill. The absence of regulation of domain name norm in the ITE Law creates problems with registrant of domain name (registrant) which deliberately register the domain name is bad faith. The characteristic of a crime in a domain name relating to the mark is that the registered domain name has an equation in essence with another party’s well-known brand, the act of doing so by exploiting a reputation for well-known or previously commercially valuable names as domain names for addresses for sites (websites) it manages. The Prosecutor may include articles of the KUHP in filing his indictment before the Court during the absence of special regulatory provisions concerning domain name crime.

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Faizal Kurniawan

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

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Jawa timur

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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