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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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The Importance of Regulating Plastic Marine Pollution for the Protection of Indonesian Marine Environment Ulya Yasmine Prisandani; Adzhana Luthfia Amanda
Yuridika Vol. 35 No. 1 (2020): Volume 35 No 1 January 2020
Publisher : Universitas Airlangga

The ocean and its marine resources play an important role in providing sources of livelihood to the Indonesian people. Indonesia is currently dealing with a major plastic waste problem, and this, in turn, also impacts the marine environment since the plastic waste ends up in the ocean. The issue of marine pollution is regulated under international conventions such as the MARPOL and UNCLOS, though none is specifically addressing marine plastic waste. Moreover, Indonesia has enacted several regulations to manage marine plastic waste, including Presidential Regulation Number 83 of 2018 on Marine Waste Management, and Indonesian citizens have taken an active role in reducing plastic waste. However, stricter and more specific regulations are needed as guidelines for the long-term strategy in handling marine plastic pollution in Indonesia, and proper analysis on the impact of such regulation towards the stakeholders and affected parties would be needed.

The Enforcement of International Arbitration Award in Indonesia : a Comparative Study with United States, Netherlands and Singapore Panusun Harahap
Yuridika Vol. 34 No. 1 (2019): Volume 34 No 1 January 2019
Publisher : Universitas Airlangga

An international arbitration award handed down in a territory of a given country may be applied for in another territory, provided that it is a party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Award and between those countries there are bilateral or multilateral agreements on the recognition and execution of international arbitration award. An arbitral award, as well as a judge’s decision, may actually be voluntary by the loser or debtor. If the award has been executed in good faith by the losing party, or in other words, his accomplishments have been met with good faith, then the problem is solved. It is not uncommon, however, that although the award is already in place, the losing party does not want to execute the award voluntarily. In this case the winning party or the creditor may submit an application to the Chairman of the Central Jakarta District Court for the international arbitration award to be executed by force (execution forced). In this article, the author will focus on exploring issues in the implementation of international arbitration decisions in Indonesia and looking at implementing foreign arbitral awards in the United States, the Netherlands, and Singapore. The author of the normative juridical research method is carried out by focusing on legal interpretation and legal construction so that it can answer the above problems in depth.

Dispute Settlement Mechanism In Bilateral Investment Treaties (BITs) Yetty Komalasari Dewi; Arie Afriansyah
Yuridika Vol. 34 No. 1 (2019): Volume 34 No 1 January 2019
Publisher : Universitas Airlangga

The Bilateral Investment Treaty (BIT) or in Indonesia known as “Perjanjian Promosi dan Perlindungan Penanaman Modal (P4M)” contains a very powerful dispute settlement mechanism that allows investors to file a lawsuit directly against a host country allegedly violating investment protection under international law. This is known as Investor-State Dispute Settlement (ISDS). The ability of investors to “impose” their rights directly against a country without the existence of an arbitration clause is considered as one of the extraordinary achievements of the BIT innovation. This paper discusses two types of dispute resolution models contained in almost all BITs signed by Indonesia, namely State-State Dispute Settlement (SSDS) and Investor-State Dispute Settlement (ISDS). It also elaborates the weaknesses of the current dispute resolution formula, especially in the ISDS clause and provides the possibility of improvements to the formulation of the ISDS clause to better ensure a balance between the protection of foreign investors and the needs of the host country.

The Principles Of Contract In Donation Based Crowdfunding L Budi Kagramanto; Cita Yustisia Serfiyani
Yuridika Vol. 34 No. 1 (2019): Volume 34 No 1 January 2019
Publisher : Universitas Airlangga

The creative economy is a new era of the global economy. It needs support from the government and the society in terms of intellectual property rights protection and funding, especially for creative business or creator which comes from small and medium business (SMB) sector. One of the ways other than formal funding from the bank is through the crowdfunding new system. Crowdfunding has four systems that are based on donation, reward, lending, and equity. Donation-based crowdfunding is the most common type applied and different from other crowdfunding types. This field has not been regulated in specific legislation so it needs to be analyzed in relation to BW and related existing regulation. This research is leading to answers some main topics. First, to analyze the legal relationship between the parties. Second, to determine what type of agreement that underlies the legal act. Third, reviewing the principles of contract law that must be applied to. In the article, it uses the type of research used in this research method is normative research so that it produces a legal review of the donation-based crowdfunding system issues more deeply.

The Implementation Of Unloading Agreements In The Port From Transportation Law Perspectives Zahry Vandawati Chumaida
Yuridika Vol. 34 No. 1 (2019): Volume 34 No 1 January 2019
Publisher : Universitas Airlangga

Sea transportation is a commercial shipping business that is regulated in the provision of sea freight services where its business activities are very broad in its field and plays an important role in advancing trade both domestically or abroad including in its efforts to expedite the flow of goods from production areas to consumer areas. In the Port, there are tools to facilitate and facilitate the demolition and loading of goods from or to ships, or equipment to take fuel, water supplies and so on. In ports, of course, there are loading and unloading companies that are always connected with Indonesian ports (Pelindo). This is certainly related to the entry and exit of ships. The loading and unloading company is an Indonesian legal entity established to carry out and carry out business activities for loading and unloading goods from and to ships. In loading and unloading services, there are loading and unloading service providers, namely companies that carry out loading and unloading activities (stevedoring, receiving and receiving/delivery using loading and unloading labor) and loading and unloading equipment. obstacles or obstacles that might occur, these obstacles must be studied more deeply so that the impacts or losses that might be suffered by the parties in the vessel loading and unloading agreement can be minimized. The legal method used in answering the legal issues raised is through statute approach, conceptual approach, and case approach.

Sowing GM Crops: Populating Bioethics in the Malaysian Biosafety ACT 2007 Through Public Participation Siti Hafsyah Idris
Yuridika Vol. 34 No. 1 (2019): Volume 34 No 1 January 2019
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v34i1.11906

The bioethical issue is one of the concerns on genetically modified (GM) crops. One of the features to acknowledge this bioethical issue is through public participation. Through public participation, any concerns relating to the application and the release of GM crops could be integrated in the biosafety decision making process. The role of public participation is essential as it is a foundation of responsible democratic governance. It advocates public consultations by creating opportunities for transparency, informed and representative decision-making processes. This paper appraises the provision on public participation in the Malaysian Biosafety Act 2007 as to the extent to which bioethical issues could be integrated in the biosafety decision making process. The paper also proposes suggestions on good governance of public participation based on the relevant international legal agreements so that it is properly enforced and serves the desired objective of Biosafety Act 2007.

The Position of Justice Collaborator to Reveal Corruption in Financial Management of Regional Government Nurma Rosyida; Kadek Deddy Permana Artha; Lintang Yudhantaka
Yuridika Vol. 35 No. 1 (2020): Volume 35 No 1 January 2020
Publisher : Universitas Airlangga

Regional autonomy that Indonesia government has implemented gives an authority to the regional government to manage their governmental affairs, including those related to their local financial management. This authority, however, is not well organized. Recently, corruption is increasingly found in local financial management, and it involves many parties within. To overcome such issue, the law enforcers may consider justice collaborator to define who the real culprit is, and thus, it needs particular criteria that refer to corruptors in the financial management of regional government. Therefore, this paper aims to analyze the key actor of corruption in the financial management of the regional government to determine justice collaborator. Using statute, conceptual, and case approaches, it finds that to determine the justice collaborator, it should identify the culprit. The criteria of corruptor in the financial management of regional government involve having a high position and dominant (influential) roles in making the crime happen, and may stop or continue the crime.

Implementation of the Doctrine of the Business Judgment Rule on Bankruptcy Law in Indonesia Andika Wijaya
Yuridika Vol. 35 No. 1 (2020): Volume 35 No 1 January 2020
Publisher : Universitas Airlangga

One of the mechanisms that can be taken in resolving accounts payable to a limited liability company in bankruptcy. In the case of bankruptcy due to mistakes made personally by the Board of Directors and the Board of Commissioners, they must be responsible for debts held by limited liability companies. The company law regulates the way for the Board of Directors and Board of Commissioners to avoid liability for losses suffered by the company, through the doctrine of the Business Judgment Rule (BJR). In practice, the application of the BJR doctrine in bankruptcy law is characterized by differences in interpretation between law enforcers. Differences in interpretation occur because there is no clear provision in the Republic of Indonesia Law Number 37 of 2004 concerning Bankruptcy and Delay of Obligations to Pay Debt (Law No. 37/2004) which limits the filing of bankruptcy applications to the personal Directors and Board of Commissioners. The research in this article is carried out by reform-oriented research methods, to make changes to Law No. 37/2004 to clarify the application of the BJR doctrine in bankruptcy law in Indonesia. With the implementation of legal reform, it is expected that there will be no difference in interpretation regarding the application of the BJR doctrine to bankruptcy law at the Commercial Court in Indonesia.

Juridical Analysis on Entrepreneurs’ Obligation of Effort to Prevent Termination of Employment Budi Santoso
Yuridika Vol. 35 No. 1 (2020): Volume 35 No 1 January 2020
Publisher : Universitas Airlangga

This article aims to analyze the applicability of the employer's duty of care to prevent employment termination based on Article 15(1) Act No. 13 of 2003 on Labour, questioning if those obligations applied to all grounds and reasons resulting in termination of employment. To answer the objectives, this legal research uses the method of legislative approach by analyzing the available legal sources through systematic interpretation and legal argumentations. Relying on the result of the discussion, a conclusion is reached that employer's obligation of effort to prevent termination employment, as regulated under Article 151(1) UUK, is excluded when the employee is unable to perform its obligated duty after six months because he/she is entangled in criminal proceedings. If the Court decides the proceedings before the six months term ends and the employee is found to be guilty, then he/she is no longer the responsibility of the employer.

The Principles of Uti Possidetis Juris As an Alternative to Settlement Determination of Territorial Limits in the Oecusse Sacred Area (Study of the NKRI and RDTL Boundaries) Dina Sunyowati; Haidar Adam; Ria Tri Vinata
Yuridika Vol. 34 No. 2 (2019): Volume 34 No 2 May 2019
Publisher : Universitas Airlangga

Based on the Decree of the People's Consultative Assembly in 1999, the legal status of the territory of Timor Leste is no longer the territory of the Unitary State of the Republic of Indonesia. With the establishment of the state of Timor Leste, between Indonesia and Timor Leste, boundaries of land and sea need to be included which cover territorial, ZEE and continental shelf boundaries, especially in the southern waters and north of the island of Timor, including the Oecusse enclave area. The negotiators of the two countries have not succeeded in agreeing on several Oecusse borderlines with the Indonesian territory. Various methods have been pursued including involving indigenous peoples. At present, the Oecusse enclave is designated as a special economic zone by Timor Leste with the aim of optimizing the area as a border area and having adequate economic activities so as to improve the quality of the local community. As an alternative effort in resolving regional boundary agreements, the application of the principle of Uti Possidetis Juris, which is a principle of territorial claims based on the Uti possidetis doctrine, means that a newly independent state inherits administrative boundaries formed by the previous authorities, so that the historical and conceptual approaches in the stipulation are established. It is recommended to avoid different interpretations between the two countries, and regional boundaries can be resolved immediately.

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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

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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