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422 Documents
Application of Agreement Principles in Land Procurement for Development Public Interest
Sri Hajati
Yuridika Vol. 34 No. 2 (2019): Volume 34 No 2 May 2019
Publisher : Universitas Airlangga
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DOI: 10.20473/ydk.v34i2.12641
The legal issues of this research consist of the application of the consensualism principle in land procurement for development for the sake of public interest. The method of this research is normative legal research by applying statute approach, conceptual approach. The results of this research: there is deviation in the enforcement of the consensualism principle in Article 66 paragraph (4) of Act Number 2 of 2012 which determines that deliberation towards consensus is not only in a form of compensation, is contrary to Article 37 paragraph (1) and (2) of Act Number 2 of 2012 - which stipulates that deliberation is conducted in determining the form and/or the amount of compensation. The provision on consignment or deposit of the compensation at the court is contrary to the consensualism principle because it is conducted without the basis of mutual agreement, and it is against the essence of deliberation which requires consensus.
The Foreign Direct Investment Policy Which Reflects the Proportional Protection
Yuniarti Yuniarti;
Muchammad Zaidun
Yuridika Vol. 34 No. 2 (2019): Volume 34 No 2 May 2019
Publisher : Universitas Airlangga
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DOI: 10.20473/ydk.v34i2.13233
Investment law is an urgently required regulation to regulate an investment activity. Hence the formulation within those laws has not yet provided a balance protection for all parties; those are the home countries, host countries and investors. The investment law itself regulate by 3 different kinds of laws, that is the customary international law, national law and contract law. Regulating investment activities in host states will have to consider the customary international law, as the international framework. This law is applicable due to the different jusrisdiction involved within the business activities. Indonesia investment law regulation firstly introduced by law number 1/1967 concerning foreign direct investment. Subsequently, it was amended by law number 25/2007 concerning Investment Law. However, some research has to be carried out regarding the protection of the parties. This research analysed the principle of proportionality interest protection to provide a fair protection of parties. Eventually, the protection of the state as host country and investors as the alien in host country.This research is a normative legal research, which use statute approach, historical approach and conceptual approach to determine the principle that could be used to maximize the protection of actors within the investment activities in Indonesia.
Integrating Farmers’ Rights to Equitable Benefit Sharing Into the Malaysian Plant Variety Law: Learning from Others
Murshamshul Kamariah Musa;
Abdul Majid Tahir Mohamed;
Abdul Majid Hafiz Mohamed
Yuridika Vol. 34 No. 2 (2019): Volume 34 No 2 May 2019
Publisher : Universitas Airlangga
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DOI: 10.20473/ydk.v34i2.13335
The Farmers’ Rights concept is part of an international treaty of which Malaysia is one of the signatory parties. The International Treaty on Plant Genetic Resources for Food and Agriculture (FAO Treaty 2004), articulated four core rights under the Farmers’ Rights concept – namely the right to traditional farming knowledge, the right to seed, the right to equitable benefit sharing and the right to participate in the decision-making process. Article 9.2 (b) of FAO Treaty 2004 stipulates that farmers should be given equal opportunity to equitably participate in sharing benefits from the use of plant genetic resources for food and agriculture. The right to equitable benefit sharing legally justifies among others, the rights of smallholder farmers who have been breeding seeds for generations to receive benefits; either monetary or non-monetary from any commercialization of the seeds that have been developed by them. Non-monetary benefits include access to seeds for their farm. This paper investigates to what extent the existing legal provisions of plant variety law in Malaysia has integrated this right to equitable benefit sharing to small farmers as compared to similar legislation in India and under African Union (AU Model Law for the Protection of the Rights of Local Communities, Farmers and Breeders, and for the Regulation of Access to Biological Resources). These two legal frameworks aimed to protect their small farming communities are cited as legislation with the best practices on implementing Farmers’ Rights core rights. The aim is for Malaysia to learn from these countries in order to ensure legal protection for small farmers’ right to equitable benefit sharing of their plant genetic resources.
The Failure of New International Economic Order: a Lesson Learned
M. Ya'kub Aiyub Kadir
Yuridika Vol. 36 No. 1 (2021): Volume 36 No 1 January 2021
Publisher : Universitas Airlangga
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DOI: 10.20473/ydk.v36i1.13561
The establishment of the New International Economic Order (NIEO) has been underpinning the development of international law. The shortcomings of this struggle should be seen as a lesson-learn to step forward in the future. It is also essential to harmonise the economic justice relationship among all countries in the world regardless the developed or the developing countries. The sustainable struggle in the world economic sphere will appear as a shout from the perceived disadvantaged countries from an economic competition in the world. The establishment of the right to development that have been adopted in international law is a part of journey of TW struggled in international relation. The paper is simultaneously based on the perception of understanding of principles of NIEO coupled with scepticisms toward this principles and auto criticism of that scepticism in order to be a proposal as a source of international law in future
Liablity of The Parties of Condotel Management Contract
Adrian Adhitana Tedja;
Erni Agustin
Yuridika Vol. 34 No. 2 (2019): Volume 34 No 2 May 2019
Publisher : Universitas Airlangga
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DOI: 10.20473/ydk.v34i2.13588
The increase of economic growth in Indonesia can not ignore the increasing growth of business in property by the Indonesia people. Investors does not only focus on doing business on land and landed house, but also the emergence of apartment and condominium answers the necessity towards the scarcity of land. Various form of property investment is offered, one of which is investment in the form of condotel. Condotel or condominium hotel is a new form of business in Indonesia without any specific regulation which regulates it. First, the definition of condotel is a form of high-rise building which can be owned separately and consist of joint land, joint property, and joint parts which is functioned as a hotel. These function as a hotel that needs condotel management contract to alter a regular apartment into a condotel. Condotel management contract is an innominate contract therefore it needed a further study to analyze its clauses, such as management obligation, profit sharing, duration, and discharge of contract. The characteristics of condotel management contract includes irrevocable power of attorney and obligation of building care and maintenance as well as legal relationship between the owner of condotel unit and the third parties. Understanding the characteristics of condotel management contract will determine the person liable for damages caused. This research uses normative method of research and uses statute as well as conceptual approach.
Protection of Geographical Indications as a Form of Consumer Rights Protection
Dian Ety Mayasari
Yuridika Vol. 35 No. 1 (2020): Volume 35 No 1 January 2020
Publisher : Universitas Airlangga
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DOI: 10.20473/ydk.v35i1.13990
The potential of natural resources in a region that is well managed and provides economic benefits to the local communities deserves protection for geographical indications. It is part of intellectual property rights as it relates to the protection of the identities of producer regions that are affected by both human and natural factors. The provision of protection for geographical indications, that adopts a constitutive registration system, put emphasis on the potentials of the certain region because the distinctiveness of a product from the region cannot be found in the others. The protection of geographical indications granted for an unlimited period of time protects not only the producer regions but also the reputation, quality, as well as characteristics of their products. To provide protection of geographical indications means also to protect the consumer rights; consumers that purchase or use certain products are supplied with correct information on the production sites, quality and being protected from the potentially harmful effect of the products.
Sharia Principles on Information Technology-Based Financing Services
Trisadini Prasastinah Usanti;
Prawitra Thalib;
Nur Utari Setiawati
Yuridika Vol. 35 No. 1 (2020): Volume 35 No 1 January 2020
Publisher : Universitas Airlangga
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DOI: 10.20473/ydk.v35i1.14084
The Financial Services Authority only regulates information technology-based money lending and borrowing services that have not yet regulated sharia-based information technology financing services (fintech Syariah). This is evidenced by the provision of loan interest rates in the Financial Services Authority Regulation. This is contrary to sharia principles. The existence of Fintech Syariah is only based on DSN-MUI Fatwa Number 117/DSN-MUI/II/2018 which expressly states that information technology-based financing services are permitted with conditions that must be by sharia principles so that they cannot promise usury, gharar, maysir, tadlis, and dharar. Contracts that frame the legal relationship between the organizer, the financing provider and the recipient of financing, among others, the contract of wakalah bil ujrah, mudharabah, musyarakah, ijarah, and murabahah
Batas-batas Keabsahan Berkontrak
Peter Mahmud Marzuki
Yuridika Vol. 18 No. 3 (2003): Volume 18 No 3 May 2003
Publisher : Universitas Airlangga
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DOI: 10.20473/ydk.v18i3.14398
Freedom of contract serves to be a central principle in contract law. The principle, however, is without limitation. To avoid manipulation of the principle, the principles of aequitas prastationis and justrum pretium are added to it. Read More
Keberadaan Tanah Bengkok/Ganjaran Dalam Perspektif Hukum Di Indonesia
Eman Ramelan
Yuridika Vol. 14 No. 2 (1999): Volume 14 No 2 Maret-April 1999
Publisher : Universitas Airlangga
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DOI: 10.20473/ydk.v14i2.14400
Lengsernya rezim orde baru dan tampilnya era reformasi memberikan dampak positif bagi masyarakat, terutama kesadaran dan keberanian untuk menyuarakan dan menuntut hal-hal yang dianggap bertentangan dengan nurani dan keadilan yang hidup dalam masyarakat. Read More
Klausula Pilihan Hukum (Choice of Law) dan Pilihan Forum (Choice of Forum) Dalam Transaksi Bisnis Internasional
Leonora Bakarbessy
Yuridika Vol. 14 No. 2 (1999): Volume 14 No 2 Maret-April 1999
Publisher : Universitas Airlangga
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DOI: 10.20473/ydk.v14i2.14401
Dalam Rangka globalisasi perdagangan dunia, maka berbagai kebijakan telah diambil Pemerintah Republik Indonesia antara lain kebijakan tersebut bertujuan untuk mempermudah prosedur ekspor. Read More