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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 Government Internal Supervisory Apparatus In Licensing Of Natural Resources To Prevent Corruption, Collusion And Nepotism Iskandar Iskandar
Yuridika Vol. 34 No. 1 (2019): Volume 34 No 1 January 2019
Publisher : Universitas Airlangga

The occurrence of CCN in the procedure of issuing natural resources licensing is partly caused by the weakness of supervision aspect. In fact, the purpose of supervision is basically intended to prevent the occurrence of CCN. This paper is intended to examine the legal issue of how the regulation of the authority of the government’s internal supervisor (GISA) is in performing the supervisory function based on the prevailing provisions, and how GISA’s authority relates to the supervisory function in the natural resource licensing governance to prevent and eradicate CCN. This is a normative juridical study analyzing the primary and secondary legal materials. The analysis is conducted by qualitative juridical. The result of the study shows that the authority of GISA in performing the function of general and technical supervision has been regulated in various regulations. However, related to appointment in position and responsibility mechanism of execution of task and function of GISA there is still a weakness, as it is done not in stages the results of performance are potentially not objective. The authority of GISA which specifically relates to supervisory functions in natural resource licensing has not explicitly been regulated in the existing regulations. However, GISA remains authorized to monitor the governance of natural resource licensing. Therefore, the issuance of all permit decisions including natural resource licensing is the implementation of government functions, while internal control in the administration of government functions belongs to GISA’s authority.

Third Party’s Asset Confiscation in Corruption Crime Supardi Supardi
Yuridika Vol. 33 No. 3 (2018): Volume 33 No 3 September 2018
Publisher : Universitas Airlangga

The article is intended to analyze and find the idea of legal philosophy foundation and develop the concept of proceeds confiscation of corruption crime are enjoyed by a third party, and find the ratio decidendi some of the verdicts related to asset confiscation to a third party without prior seizure, compared with asset confiscation that preceded seizure at the level of investigation. The article found three findings. First, the philosophy foundation of asset confiscation against third parties is in order to maximize the return of state losses due to corruption. Second, the ratio decidendi verdicts related to assets confiscation to a third party without prior seizure, such that verdicts were not contrary to th laws, human rights and justice. The interpretation of the provisions of Article 19 in conjunction with Article 18 of Law Number 31 Year 1999 on the Eradication of Corruption Criminal as amended by Law Number 20 Year 2001 provides an opportunity asset confiscation to a third party as long as the third party is not good manner. Third, to find advice for legal reform of the provisions regarding on confiscation to third party in corruption crime in order that is not touch with the third party’s rights as a subjek of asset confiscation.

The Problem with Appointment of Village Administrator Haya-Haya Village, Limboto,Gorontalo Roy Marthen Moonti
Yuridika Vol. 33 No. 3 (2018): Volume 33 No 3 September 2018
Publisher : Universitas Airlangga

This paper aims to know how the flow of authority of the village head in appointing Village Administrator in the perspective of Law No. 6/2014 on the Village. This research uses descriptive normative research type. This research was conducted to obtain information, explanation and data on the authority of the Village Head in appointment of Village Administrator in accordance with Law No. 6/2014. The result of the research shows that the procedure of appointment of Village Device In Haya Haya Village, Limboto Sub-district, Gorontalo Regency before the enactment of Law No. 6/2014 was to be decided by the Village Head, but after the enactment of Law No. 6/2014 appointment of village apparatus should be consulted with the Regional Administrator given on behalf of the Bupati/Mayor and the constraining factors both experienced by the Village Government and the Village Applicant candidate is the lack of public awareness that the community has not served as Village Government itself, the level of education of Human Resources (HR), age, fees for file management, and the socialization that was done only in certain areas.

Efficient Public Participation in the Local Law-Making Process Ekawestri Prajwalita Widiati
Yuridika Vol. 33 No. 3 (2018): Volume 33 No 3 September 2018
Publisher : Universitas Airlangga

Getting the public to participate in the government’s policy reflects a sense of control in democracy. However, constructing a mechanism of participation in legal provisions could be dilemma. It is important to realize that involving citizen in local government decision making particularly in law-making process has a fundamental difficulties; the essence of participation itself (openness and transparency) and the need to be efficient. This essay formulated an effective mechanism of public participation by juxtaposing steps in the local legislative process with the criteria of efficiency. This discussion is trying to encompass citizen participation from the initiation of a policy until it is enacted as a local legislation. Then in the next step, it will assess the elements that constitute an efficient drafting process. This article will consider such factors that are; financial cost; human resources or effort; wasted time; risk of failure; progress. The hypothesis is that not all of the means of public participation are efficient. The ideal notion of public participation put weighs on Local Authorities. What is needed to be underlined in this discussion is, to maximize the advantage of citizen involvement, it is important to look at the sequence where it should be held and what is the content. Moreover, the process of public participation should reflects principles namely: discovery, education, measurement, persuasion and legitimization.

Application of Al-Ijarah Al-Maushufah Fi Al-Dzimmah for Infrastructure Project Financing in Indonesia Rega Felix; Lastuti Abubakar
Yuridika Vol. 35 No. 1 (2020): Volume 35 No 1 January 2020
Publisher : Universitas Airlangga

Islamic bank has a huge potential to involve in large project financing such as infrastructure. The demand for infrastructure provision in Indonesia is growing rapidly, so the Islamic bank should become one of the financial institutions for a financing infrastructure project. One of the products of Islamic bank is lease based contract or ijarah. In 2016, the Indonesian Islamic Scholars Council (MUI) enacted Fatwa that allowed ijarah contract for a forward obligation or called al-ijarah al-maushufah fi al-dzimmah (IMFD). IMFD has some characteristics that equitable for infrastructure project needs, such as for long term financing. The main issues in this research are to drawn a model for infrastructure project financing by applying IMFD and observe the readiness of Indonesian regulation to support the implementation of IMFD on infrastructure project financing. 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 results of this research are model for infrastructure project financing by applying IMFD is by combining musharakah-istishna’-ijarah (IMFD) and regulation in Indonesia is not ready enough to support the implementation of IMFD on infrastructure project financing because combination of three contracts like musharakah-istishna’-IMFD, implementation of liquidated damages in istishna’ contract, and allowance IMFD in infrastructure project are not regulated in Indonesia.

Understanding The Plurality Of Consumer Dispute Resolution In Indonesia: A Comparative Study With Singapore Anita Afriana; Efa Laela Fakhriah
Yuridika Vol. 34 No. 1 (2019): Volume 34 No 1 January 2019
Publisher : Universitas Airlangga

Globalization has impacted many aspects of human life. It accelerates trade transactions between producers and consumers. Despite of numerous advantageous it brings, globalization also has a potential to cause various disadvantageous and loss to the consumers that ultimately lead to consumer disputes. In general, consumer disputes involve small amount of loss and complaint filed by the consumers for material compensation. In Indonesia, consumer dispute resolution is carried out not only by the Consumer Dispute Settlement Body (BPSK) but also through the courts. Recently, there are many newly-established consumer dispute settlement institutions. This article is part of a completed study discussing a plurality of consumer dispute settlement in Indonesia and a comparative analysis with the one available in Singapore. The study applies normative juridical research method and qualitative juridical analysis, it can be concluded that the plurality of consumer dispute settlement in Indonesia has led to convoluted mechanisms and procedures in settling disputes. This leads to a lack of legal certainty. The comparative law study being the instrument of this study is a critical instrument in the framework of legal reformation. Result shows that in Singapore, consumer disputes are resolved by a Small Claims Procedure method on State Court and through CASE as a private nonlitigation agency with specific consumer characteristics and disputes.

Corporate Responsibility Towards Employees Welfare Ilham Abbas; Salle Salle; Hardianto Djanggih
Yuridika Vol. 34 No. 1 (2019): Volume 34 No 1 January 2019
Publisher : Universitas Airlangga

Essentially, in carrying out its business activities every company is certainly cannot be separated from responsibility, as responsibility is one of the obligations of the business actor towards consumers, employees and the surrounding environment. Responsibility also means doing something as an embodiment of awareness of obligations. In this study will analyze the company’s responsibility for employee welfare and the efforts made by the Company to improve employee welfare at PT. Semeru Ratu Jaya Makassar. The results of the study are expected to contribute thought to business actors in spreading their business activities, because employee welfare is very urgent and fundamental for employees. This is in accordance with what is mandated in Pancasila as the source of all sources of law in Indonesia and this is reflected in the 1945 Constitution of the Republic of Indonesia, precisely in the opening of the 1945 Constitution in paragraph 4 (four) concerning the national goal of promoting general welfare.

Distinction of Characteristics Sharia and Fiqh on Islamic Law Prawitra Thalib
Yuridika Vol. 33 No. 3 (2018): Volume 33 No 3 September 2018
Publisher : Universitas Airlangga

Islamic law has a value of adaptability and flexibility, but also as a revelation that comes from God Almighty, Islamic law also are rigid, immortal and cannot be personalised way. The hallmark of the dynamics and flexibility combined with purity that can’t be fickle that is what makes the uniqueness of the Islamic law as revelation that can answer the entire question of the contemporary that appeared at this time. To understand the Islamic law need to instil an understanding between sharia and fiqh. Of which in respect of Islamic law as revelation from God Almighty, then that’s called Sharia, i.e. a set of international rules from God that its nature remains unchanged and immortal, but when looked at Islamic law is dynamic and flexible that it can adapt to the conditions of time and age then that is called fiqh. Which of course is part of the Islamic fiqh and must not be contrary to the Shariah, this article will lead to an understanding of the concept of Sharia and fiqh in General, to find the characteristics of the eternal, timeless until the day of resurrection, as well as dynamic and versatile development of the times.

Analysis of the Constitution Court Verdict Number 46/PUU-XIV/2016 about Morality Criminal Ansori Ansori; Muhammad Fuad Zain
Yuridika Vol. 34 No. 2 (2019): Volume 34 No 2 May 2019
Publisher : Universitas Airlangga

Indonesian Family Loves Alliance sees that Penal Code in article 284, 285 and 295 related to adultery, rape and molestation (sacrilege or abuse) which is contrary to religious values and the morale of the Indonesian people deliver to sue the Constitutional Court through judicial review with results was rejected. Five judges with judicial restraint argue that the State must protect rights and freedoms, not vice versa, but four others with judicial activism argue that the State must protect the rights of citizens by referring to the living law with develops in society. With no expansion of the meaning of the article a quo then LGBT, adultery, rape and molestation cannot be convicted. This verdict has been troubling most of Indonesians who want a change in the legal system, considering the legislative process that began in 1963 until now did not come to fruition. So the People’s Consultative Assembly and the President as a positive legislator are required to immediately revise the laws and regulations in accordance with religious norms and common laws that develops in society to avoid the violence or vigilante action which actually harms the community itself.

Compulsory Vaccination for Children in Malaysia: Legislation and Realisation Nurul Jannah binti Mustafa Khan; Zuhaira Nadiah binti Zulkipli
Yuridika Vol. 33 No. 3 (2018): Volume 33 No 3 September 2018
Publisher : Universitas Airlangga

For ages, it has been proven that vaccines are among the most effective tools in preventing infectious diseases from spreading in the population of human beings. The result of high immunization coverage is the drastic deteriorations in vaccinepreventable diseases. Hence, it is indeed disturbing to see the report by Ministry of Health that the number of cases of parents refusing vaccination for their children is escalating, for an example, measles and pertussis cases to rise. Whether these parents realized it or not, they had denied the right of their children to be vaccinated against preventable diseases that had been in control all this while because of vaccines, and more, jeopardizing the public health as well. For this reason, the Ministry of Health has contemplated making vaccination compulsory for children as to protect them against preventable diseases and for the benefit of the society as a whole. This article discusses the extent of the regulations that may be implemented. Therefore for the purpose of this article, the scrutinization of vaccination law as implemented in California will be referred. At the end of this article, some recommendations are proposed in relation to the realization of legislation of vaccination regulations that may be implemented by the government, hopefully soon. This article employs a doctrinal analysis and secondary data from academic journals and online databases.

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Faizal Kurniawan

Contact Email
yuridika@fh.unair.ac.id

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+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

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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