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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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Penetapan Tersangka Sebagai Obyek Praperadilan Ely Kusumastuti
Yuridika Vol. 33 No. 1 (2018): Volume 33 No 1 January 2018
Publisher : Universitas Airlangga

Background of this article is the legal uncertainty after the Constitutional Court (MKRI) verdict No. 2/PUU-XII / 2014 on April 28, 2015 which has added pre-trial object with the determination of suspects, foreclosures and searches. The legal issues of this article are the philosophical foundation of the pre-trial, ratio decidendi of pre-trial verdict related to the determination of suspects and ratio decidendi of Constitutional Court (MKRI) Verdict No. 21 / PUU-XII / 2014 on April 28, 2015. This discussion and analysis of this article are the statutory, conceptual, comparative and case approaches. The conclusions of this article are: First, the pretrial philosophical foundation is to provide human rights protection in the use of forceful efforts by investigators and prosecutors. Second, the ratio decidendi pretrial verdict on behalf of Budi Gunawan and the Verdict of Constitutional Court (MKRI) No. 21/PUU-XII/2014, April 28, 2015 which has decided determination of suspect as objects of pretrial, has shifted from philosophy of pretrial in the Criminal Code and not according to the principles of fairness, certainty and expediency. The authority of the Pretrial Institution in the Criminal Procedure Code only examines the procedural truth in this case the investigator’s and prosecutor’s actions, while to examine the material truth related to the suspect’s acts is the absolute authority of the case trial session.

JUDICIAL ACTIVISM OR SELF-RESTRAINT : SOME INSIGHT INTO THE INDONESIAN CONSTITUTIONAL COURT Radian Salman; Sukardi Sukardi; Mohammad Syaiful Aris
Yuridika Vol. 33 No. 1 (2018): Volume 33 No 1 January 2018
Publisher : Universitas Airlangga

The Constitutional Court of Republic of Indonesia is centralized judicial review institution which implements a posteriori and abstract control. Constitutional court decision often politically sensitive and involve important issues. On the one hand handing down strong decisions that uphold important constitutional principles can bring great benefits to citizens and can strengthen support for democracy but on the other hand, strong role of the court in judicial review tends to encroach increasingly on the territory of the law making institution. This article examines the decision of constitutional court in the framework of a tension between constitutionalism and democracy, especially from theoretical or conceptual approach. As result of examining its decisions, Indonesian Constitutional Court may reflect two characters; judicial activism as characterized by acting as law-maker and using policy in judicial decisions and/ or judicial self-restraint. Recent Indonesian experience shows that judicial review of legislation is not a simply of judicial control over law-making institution, as it brings tension in the context of power relations in the scheme of separation of power. Relationship between the court and legislature, in respective of judicial review, will culminate in the philosophy of the judiciary. However, as constitutionalism and democracy are virtue, decisions of the Constitutional Court in judicial review should create mode of self-limitation within the framework of the principle of separation of powers.

Perlindungan Hukum Non Yudisial terhadap Perbuatan Hukum Publik oleh Pemerintah Hari Sugiharto; Bagus Oktafian Abrianto
Yuridika Vol. 33 No. 1 (2018): Volume 33 No 1 January 2018
Publisher : Universitas Airlangga

The enactment of Law Number 30 of 2014 on Government Administration had given the changes to the authority of the State Administrative Court. There are two mechanism of the case investigation in the State Administrative Court in providing legal protection against a lawsuit or petition filed by the public. The first mechanism is to file a lawsuit directly to the State Administrative Court. The second mechanism is to resolve internal disputes within the government before filing a lawsuit to the Administrative Courts. There are two mechanisms of the case investigation prove that the existence of discrimination for people who seek justice in the case investigation system in the State Administrative Court. This research focus on an issues first the nature of public legal action by the government in government administration and second Ratio legis non-judicial legal protection against public legal acts by the government. The results which have to be achieved are to provide the prescription of essential truth. There are several problems approach used in this study, such as statute approach, conceptual approach, and case approach.

Legal Protection of Industrial Design Information and Communication Technology Based on Creative Economy to Improve Community Competitiveness Abdul Atsar
Yuridika Vol. 34 No. 2 (2019): Volume 34 No 2 May 2019
Publisher : Universitas Airlangga

Law is very influenced on the development of Technology. The current legal tool has no readiness so that it can not keep up with the rapid technological advances. The purpose of this study is to analyze the application of regulation on protection system and law enforcement of ICT design based on creative economy to improve people's competitiveness. Research is a normative juridical study. The approach of this research is the approach of legislation, concepts and cases. This research is analytical descriptive. This study, using secondary data sources. Technique of collecting data with literature study. Data analysis technique by qualitative normative descriptive method.The regulation of the legal protection system of industrial design of ICT, in Law no. 31 Year 2000, has not been regulated explicitly about the element of novelty, the application of constitutive stelsel cause obstacles. The law enforcement of ICT design is not yet effective, because of three aspects: 1) The legal substance aspect is not yet explicitly regulated about the novelty element in Industrial Design terms and the qualification and classification of the object of Right, the substantive requirement of Right of Industrial Design, the provisions of sanctions that distinguish between rights violations caused by the substance of the "same" and "similar" Industrial Design Designs registered for commercial purposes; 2) the aspect of its law enforcers, there is no appeal commission of industrial design, law enforcers have not understood the substance of the provisions of industrial design law; 2) Legal culture aspect. Indonesian society is still communal.

Penataan Sistem Pemilihan Umum yang Berkeadilan untuk Penguatan Sistem Presidensiil Di Indonesia Mohammad Syaiful Aris
Yuridika Vol. 33 No. 2 (2018): Volume 33 No 2 May 2018
Publisher : Universitas Airlangga

Justice in election one of the constitutional mandates expressly in Article 22E Paragraph (1) of the 1945 Constitution of the State of the Republic of Indonesia. Nevertheless the Constitution does not provide further guidance on what the meaning of justice in election. Therefore, it is necessary to search philosophically what exactly the meaning of justice in the election. An alternative system is needed as a bridge between the proportional system and the district system. An alternative system must be able to create a minimum majority party in parliament to support presidential policies, improve the accountability the member of parlements and accommodate heterogeneous groups.

Implementation of Syari'ah Economic Principles on the Management of Syari'ah Mutual Fund in Indonesia Nunung Rodliyah; Risti Dwi Ramasari
Yuridika Vol. 33 No. 2 (2018): Volume 33 No 2 May 2018
Publisher : Universitas Airlangga

Syari’ah Financial Institution is one of the institutions of Islamic doctrine that is currently mushrooming in the midst of modern Indonesian society. Along with the growth of syari'ah financial institutions, MUI issued that interest is usury which is unlawful. The entry of syari'ah financial institutions in Indonesia made a new breakthrough in the syari'ah capital market. One of the products of syari'ah capital market is Syari'ah Mutual Fund. Syari'ah mutual funds are defined as mutual funds as referred to in the Capital Market Law and its implementing regulations whose management does not conflict with the principles of syari'ah in the capital market. The problem of this research is how is the interpretation of the regulation of syari'ah economic principle in Indonesia and how is the management of Syari'ah Mutual Funds based on syari'ah economic principle in Indonesia. This research is normative research with descriptive research type. The approach used is normative juridical. The data collection was done by literature study and document study. The data used are secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The collected data is then analyzed qualitatively. The findings of the research show that there are 3 (three) principles of syari'ah economy namely the principles of Tauhid, Justice, and Benefits. The regulation of syari'ah economic principles in Indonesia is regulated in the DSN-MUI and compilation of Islamic law. Basically syari'ah economic principles are in the field of Bank financial institutions and Non-Bank financial institutions. The arrangement of syari'ah economic principles, as well as regulated in law but also governed by Syar'i Law and Fiqh law through Ijtihad, by the method of Mashlahah Mursalah. Implementation of investments in Syari'ah Mutual Fund transaction mechanism in investing through Syari’ah Mutual Funds should pay attention to things that are not against the Islamic Syari'ah. Implementation of the transaction contract should not be contrary to the Islamic Syari'ah, whether prohibited because (1) Forbidden in addition to the substance, which contains tadlis, ihtikar, ba'i najasy, garar, and usury, as well (2) Because unauthorized, i.e. the order and conditions are not met, there ta'alluq, and there are two contracts in one transaction simultaneously. The idea of syari’ah economic principles recommends to the Syari’ah Banking Supervisory Board to make further regulation in the development of investing through Syari’ah Mutual Funds in Indonesia.

Prinsip Hukum Dalam Penyusunan dan Pelaksanaan Kontrak Engineering Procurement Construction (Kontrak "EPC") Dwi Mariyati
Yuridika Vol. 33 No. 2 (2018): Volume 33 No 2 May 2018
Publisher : Universitas Airlangga

The EPC Contract is the form of contract that is currently used by the contractors to take over construction work. The EPC Contract having three activities, the engineering design , procurement and construction execution, that are integrated. For the activity EPC Contract is the Single Contractor must be responsible for the design of jobs and accuracy, and requirement of the owner project, until construction. This contract type commonly have a high risk, the finals price, and the accuracy of the period for implementation. Characteristic of EPC Contract is industry building activities that are proces plant and industry plant. The purpose of which are going to achieved in EPC Contract to preset specifications to fulfill the requirements specified in terms of the time, the quality and expenses.The main issues in this legal research are the legal principle that is used in the preparation of EPC Contract and the principle of law in the implementation of EPC Contract in Indonesia. The type of research is the normative study and the approach of this research having four methods approach among others are statute approach, conceptual approach, cases approach, and comparative approach.The result of this research there are four the most important among others are the first is legislation, the second is the implementation of regulation, the third is EPC institution procurement and fourth is the form of EPC Contract.

Kompensasi dan Restitusi yang Berorientasi pada Korban Tindak Pidana Mahrus Ali; Ari Wibowo
Yuridika Vol. 33 No. 2 (2018): Volume 33 No 2 May 2018
Publisher : Universitas Airlangga

The study proposes the compensation and restitution regulations which should be oriented to protect the victim of crime. Although most regulations have been adopted the right of the victims to receive the compensation and restitution, but this study finds that there are some weaknesses in such regulations. Hence, compensation regulation should be specifically focused on the fulfillment of the right of the victims of crime. It shall not depend on court decisions, but such compensation should be provided even though the victims ceased before the court proceeding has started, or even if he or she wrongly arrested by police. This compensation is only to cover material losses and traumatic stress recovery cost. It could be paid directly monthly/yearly and could be converted to other form of compensation. Restitution refers to the paradigm of restorative justice. In Indonesia, restitution should be based on final and binding court decision. If the perpetrator does not want to provide it for the victim, he/she has moral obligation to provide it for the victim oven without inkracht court decision, and this could be used by the judges to pardon the perpetrator. Restitution shall be enforced for all criminal offences which resulting direct and indirect losses for the victims. Restitution is not merely about monetary values but moral obligation of the perpetrator to recover the victim’s condition.

The Phenomenon of Cyber Crimes Which Impact Children as Victims in Indonesia Hardianto Djanggih
Yuridika Vol. 33 No. 2 (2018): Volume 33 No 2 May 2018
Publisher : Universitas Airlangga

The development of internet nowadays does not only give a positive impact but also gives a negative impact in the form of crime that targets everyone, including children. Cyber crime which impact children as a victim should be handled seriously, this considering the fact that children need to get optimal protection to ensure their growth as the hope of nation. This study aims to determine and analyze the impact on cyber crime that impact children as its victim. This research uses juridical-sociological research method which is analyzed descriptively. The results show that the development of cyber crime that afflicts children as victims every year increases with various forms of development and crime mode. However, the legal protection aimed to reduce such crime is still very weak due to weak legislation, law enforcement performance and cyber security in Indonesia. The research is intended to provide recommendation for the government, law enforcers and the public, so that cyber crime that impact children as victims could be reduced and ensure protection for children.

Urgency of Insurance for Cultural Heritage Building in Surabaya Hilda Yunita Sabrie
Yuridika Vol. 33 No. 2 (2018): Volume 33 No 2 May 2018
Publisher : Universitas Airlangga

The cultural heritage of a region is the identity and richness of history for the region. Given the importance of the existence of cultural heritage in an area, the local government should pay special attention to the continuity of its existence. Through inventory, listing the cultural heritages, maintenance until its restoration must be done properly and continuously. This is not only the responsibility of the local government, but it is the responsibility of all parties including the local community. But in practice, local government or society are less concerned about the existence of cultural heritage in the area. This research focuses on cultural heritage buildings in Surabaya because this city is one of the cities in Indonesia which has many buildings of cultural heritage with various conditions. Local governments need to act quickly and effectively to solve the problem, so the solution can be done by including third parties such as insurance companies engaged in the insurance of losses, which can help to cover some form of damage that occurred in the building of the reserve culture in Surabaya. From the problems mentioned above, the research method used is statute approach and conceptual approach.

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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

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