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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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Authorities of Preparation and Hospitality of Applications for Post-Conditions Post-Decision of Constitutional Court Nur Basuki Minarno
Yuridika Vol. 35 No. 1 (2020): Volume 35 No 1 January 2020
Publisher : Universitas Airlangga

The objective of Pre-Trial is basically to provide justice rights protection from abuse of power and the arbitrary actions of law enforcement officers. Pre-Trial is as the guard for the realization of due process of law. Hence, its authority is not limited to Article 77 of the Criminal Law Procedural Code and the decision of Constitutional Court No.21/PUU-XII/2014. The dismissal of Pre-Trial appeal as provided for in article 82 paragraph (1) sub-paragraph d of the Criminal Law Procedural Code and the decision of the Constitutional Court No.102/PUU-XII/2015 do not have a sufficient rational basis. Pre-Trial and principal case examination should not terminate each other. Conversely, the result of Pre-Trial will be used as a reference to analyze whether evidence used in the principal case examination is conducted properly or not. Thus, when a Pre-Trial examination is underway, the chief of a judge of the district court must adjourn the principal review of his case.

The Applicability of Article 4 Of Anti-Corruption Law And The Theory Of Tort Didik Endro Purwoleksono
Yuridika Vol. 34 No. 1 (2019): Volume 34 No 1 January 2019
Publisher : Universitas Airlangga

Article 4 of the Indonesian Corruption Law stipulates that the return of state financial losses does not eliminate the criminalization of the perpetrators of criminal acts as referred to in Article 2 and Article 3. What about the suspects or defendants who return the results of corruption related to the theory illegitimacy? There are two theories about the illegitimacy which are; the theory of illegitimacy against the formal law and the theory of illegitimacy against the material law. The theory of illegitimacy against the formal law, providing an understanding that an action, act, or activity is said to be against the law when against the rules set in the law. While through the Decision of the Supreme Court, Indonesia adheres to this theory. According to this theory, an action, act, or activity is said to be against the law when it is against the rules established in the law and according to the conditions is a disgraceful act or illegal. The decision of the Supreme Court provides the criteria for the loss of unlawful nature because of the factors of the state not being harmed, the society served and the defendant not making a profit. With the enactment of this theory, the existence of Article 4 of the Indonesian Corruption Law, becomes invalid with the condition that the results of corruption and its benefits have been returned by the perpetrators of corruption.

The Legal Aspect of the National Education Budget Allocation Achmad Syauqy
Yuridika Vol. 33 No. 3 (2018): Volume 33 No 3 September 2018
Publisher : Universitas Airlangga

Education is part of the constitutional rights owned by the citizens and should be fulfilled by the State. Better proportion of educational budgetting will expand the access of education for the citizens. Article 31 Paragraph 4 of the 1945 Constitution explicitly states the number of 20 percent of the fulfillment of the education budget as a guarantee of citizens’ educational rights. Nevertheless, the implementation of the aforementioned provision has been interpreted in various policies. This research answers the issue of law aspect regarding the implementation of educational budget allocation nationally. This is a doctrinal research with different approaches namely: statute, conceptual, and case. In this research, three important things are concluded: (1) The constitutional framers were lack of comprehend consideration in formulating provision related to educational budget. (2) The inconsistency of several principles such as the principle of Justice, Principle of Efficiency, Principle of Transparency, Principles of Public Accountability, and Principle of Effectiveness in the educational budget policy (3) Ineffectivity of administrative sanction since it has no significant effects to the substantial aspect of education equality and its improvement. The research offers several solutions (1) Constitutional amendment on the provision of educational budget allocation provided with reliable academic papers. (2) Designs effective supervision mechanism towards the local public budgeting (APBD) (3) Open the access for public participation.

Pembebanan Hak Sewa untuk Bangunan Atas Tanah Hak Milik: Perspektif Asas dan Pembuktian Urip Santoso
Yuridika Vol. 33 No. 2 (2018): Volume 33 No 2 May 2018
Publisher : Universitas Airlangga

Tanah Hak Milik yang tidak ada bangunan di atasnya dapat disewakan untuk jangka tertentu oleh pemiliknya kepada pihak lain guna mendirikan bangunan. Hak atas tanah yang lahir dari penyewaan tanah Hak Milik adalah Hak Sewa Untuk Bangunan. Asal tanah Hak Sewa Untuk Bangunan adalah Hak Milik. Hak Sewa Untuk Bangunan merupakan pembebanan Hak Sewa Untuk Bangunan atas tanah Hak Milik. Hak Sewa Untuk Bangunan merupakan implementasi dari asas pemisahan horizontal yaitu ada pemisahan antara pemilikan atas tanah dan bangunan yang ada di atasnya. Pejabat Pembuat Akta Tanah tidak mempunyai kewenangan membuat akta pembebanan Hak Sewa Untuk Bangunan atas tanah Hak Milik sebagaimana ditetapkan oleh Pasal 2 Peraturan Pemerintah No. 24 Tahun 2016.

The Construction of Law Neutrality of State Civil Apparatus in the Simultaneous Local Election in Indonesia Agus Riwanto
Yuridika Vol. 34 No. 2 (2019): Volume 34 No 2 May 2019
Publisher : Universitas Airlangga

This article will examine and explore the urgency of the state's civil apparatus to be neutral in the simultaneous local election. State civil apparatus is an apparatus that works to serve the public interest rather than serve a particular group. That is why the need for the construction of constitutional law in an effort to create regulations in order the state civil apparatus has to be neutral. The construction by progressive constitutional law is by looking for new ways or role breaking and innovative breakthroughs, if the normal way and normative unable to immediately realize the objectives of the simultaneous local elections. There are three ways: First, to revoke the right to vote of state civil apparatus in the general election. Second, models political apointee bureaucracy in the local government. Third, change the model of career guidance state civil apparatus fom government regional autonomy to the central government by rank or class.

FDI on Tourism and the Environmental Damage: What Indonesia’s Trade and Investment Agreements Can Do? I Gusti Ngurah Parikesit Widiatedja
Yuridika Vol. 34 No. 2 (2019): Volume 34 No 2 May 2019
Publisher : Universitas Airlangga

The existence of FDI on tourism has provided benefits, covering job opportunities, transfer of technology, government revenue, and the partnership with small and medium enterprises. However, FDI on tourism has also contributed to environmental damage in Indonesia. This paper is aimed to analyse whether trade and investment agreements that involve Indonesia can contribute to prevent and mitigate environmental damage as a result from FDI on tourism. This article is normative research, examining the existing trade and investment agreements that involve Indonesia and compare them with other countries’ agreements. This paper argues that there is evidence to suggest that trade and investment agreements may incorporate provisions in order to ameliorate environmental harm from the existence of FDI on tourism. However, Indonesia has not incorporated any such provisions in its own agreements. Hence, this paper explains that there will be three suggestions to be considered, namely: Indonesia should start putting environmental concern under its trade schedule; Indonesia should consider opening environmental services; and Indonesia should start putting environmental concern in its investment agreements.

Alternative Solution on the Execution of Court’s Verdict within Employment Termination Dispute Budi Santoso
Yuridika Vol. 33 No. 3 (2018): Volume 33 No 3 September 2018
Publisher : Universitas Airlangga

This paper aims to analyze the juridical barriers of execution of verdict in case of dismissal dispute as well as offering a solution to the execution of such verdict to be carried out so that workers obtain their rights. Through the statute and case approaches, it is concluded that the juridical barriers are: 1) in a reminder implementation, the existing regulation does not authorize the bailiff to force the defendant to attend the reminder call if the defendant refuses to attend the call voluntarily; and 2) in the execution seizure, the goods to be confiscated shall belong to the defendant, whereas the plaintiff can not prove it because all the evidence is in the hands of the employer. While alternative solutions in order the verdict may be executed well are: 1) involving authorized third parties who may assist the worker as a plaintiff to prove the ownership of the items for which the request is for confiscation; and 2) implementing the body’s forced effort to an employer with a bad faith in accordance with Supreme Court Regulation No. 1 Year 2000, but by reducing the minimum limit of debt that is not as much as one billion rupiah due to cases of dismssal dispute are less possibility of paying for the workers’ rights who reached that amount.

Victim’s Involvement Model in Children Legal Process Based on Law no. 11/2012 on Children Criminal Justice System Oheo K Haris; Ali Risky
Yuridika Vol. 34 No. 1 (2019): Volume 34 No 1 January 2019
Publisher : Universitas Airlangga

The enactment of Law N0. 11/2012 on Children Criminal Justice System is a new hope for the rights of the victims of a crime. This Law has given a huge opportunity to the victims by means of the concept of restorative justice. This paper seeks to offer a model of victim’s involvement which is implementable either outside or inside of the judicial system. Firstly, accessibility for the victim in this law has placed the concept of restorative justice. The model of restorative justice offered in this law is the gate for the crime victim who fought for their rights. Restorative justice was essentially stands between the victim and the offender and focuses on the effects of crimes. Secondly, the term diversion is the transfer of resolution for the process of the juvenile case from the judicial system to outside of the criminal system. Togetherness for all of the involved groups is a better solution in certain case as it can solve problem and create better unprecedented bindings. This attempt is in order to seek solution, reconciliation, and not to seek revenge for a criminal offence. Thirdly, victim’s invovelment in criminal system allows for witnesses to come forward. But they should have legal protection and should avoid bad label. The next model is an opportunity for the juvenile victism before the court handing down the verdict.

Perplexing Jurisdiction Ratione Personae And Materiae of Rwandan Commercial Courts: Trader and Commercial Activity Joel Niyobuhungiro
Yuridika Vol. 33 No. 2 (2018): Volume 33 No 2 May 2018
Publisher : Universitas Airlangga

Modernization of judiciary has prompted the reform of courts system in many countries whereby a trend of creating specialized courts is no doubt contributing to the needed justice. The creation of commercial courts, as specialized courts, has been and still is at the root of commercial development that contributes to economic growth of the country.Like any court, for commercial court to adjudicate case, a number of elements determining the court competence must be examined by the court seized. Jurisdiction ratione materiae and jurisdiction personae, inter alia, are the determining factors of the competence of commercial courts. However, it can be difficult, in some cases, to ascertain court competence in case the law establishing those courts has not clearly delineated for example matters over which courts shall have jurisdiction. In Rwanda, The Law n° 06/2012/OL of 14/09/2012 determining the organization, functioning and jurisdiction of commercial courts, which repealed the Law n° 59/2007 of 16/12/2007, neither does it define a commercial activity nor does it define a trader. This creates big perplexity in determining commercial courts competence insofar as jurisdiction ratione materiae and personae are concerned. Commercial activities are neither defined nor enumerated in Rwanda laws. Rwandan commercial courts judges have tried to unravel that perplexity and tried to solve this problem in their judgements. However, it will be submitted that challenges posed by lack of clear definition of trader and commercial activity or at least a list of commercial activities, calls for a clear stand of the legislator as far as jurisdiction ratione materiae and personae of Rwandan commercial courts are concerned.

Non-Profit Nature of Associations (Vereniging) Paula Paula
Yuridika Vol. 34 No. 2 (2019): Volume 34 No 2 May 2019
Publisher : Universitas Airlangga

Association (vereniging) is regulated briefly by Indonesia civil code and Stb. 1870 No. 64. There are no restriction on the purpose of establishing an association, other than by law, public order and morality. The purpose of association, which is not to seek profit, or often referred to as a nonprofit goal, is obtained from doctrine. However, there is no common understanding among law experts and practitioners regarding the notion of non profit goal and its implications. On the other hand, the role of associations in society is increasing significantly. The purpose of an association determines the scope of its activity and its governance. Therefore, this research aims to find the purpose and activities of association. This research is a doctrinal research using statue, conceptual, historical, and comparative approach. The result of this research is the term of ‘not to seek profit’ or ‘non-profit’ goal of association should be understood as the purpose other than obtaining profit for - and therefore distributing it to-its members. Associations can engage in profit-making activities as long as it complies with certain restrictions.

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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

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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