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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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Enhancing the Environmental Impact Assessment for the Foreign Direct Investment Regime in Vietnam: an Analysis from Integration Perspective Tran Viet Dung
Yuridika Vol. 34 No. 3 (2019): Volume 34 No 3 September 2019
Publisher : Universitas Airlangga

Foreign direct investment (FDI) plays an important role in the economic growth of Vietnam, contributing to nearly 22 per cent of the GDP. To attract FDI the government has committed to promoting investment climate and ensuring FDI protection under various international arrangements. FDI inflows into the manufacturing and processing sectors have seen a strong increase after Vietnam’s successful accession to the WTO. However, FDI also contributes to various environmental problems and challenges in Vietnam. From 2008 to 2017, most serious environmental disputes related to manufacturing activities were caused by FDI enterprises. The sanctions against FDI enterprises, however, may jeopardise the state’s responsibilities under investment protection treaties. One of the few realistic approaches to strengthening the environmental management of FDI is to promote the participation of the public in the environmental risk assessment and amend the investment treaties to regulate the issue of environment management. This study will adopt an integrative approach by integrating the rules and principles of environmental management into the FDI regime of Vietnam.

Cotton Plantations in India: The Environmental and Social Challenges Arun Sahay
Yuridika Vol. 34 No. 3 (2019): Volume 34 No 3 September 2019
Publisher : Universitas Airlangga

Cotton, one of the principal cash crops of India, contributes significantly to the country’s economy and foreign exchange earnings. Approximately 60 million people depend on cotton production and related industries for their livelihoods. Although India has the largest cotton plantation area, in terms of yield, it is far behind. Even though cotton occupies only five percent of India’s total cultivable land, approximately 50 percent of pesticides used in India are consumed by the cotton cultivation, causing environmental pollution and health hazard. The use of nitrogen-based fertilizers further increases the problem. Many social issues such as child labor, women labor, extremely small landholdings and unviable livelihoods are associated with cotton plantations. Recently, due to the norms set up by the textile importing countries, these issues have assumed great importance. This article, after giving a brief introduction to the cotton plantation sector in India, will deal with the environmental and social challenges of the cotton plantations.

Labour Laws in the Garment Sector of Bangladesh: a Workers’ View Mohammad Shahidul Islam; Md. Abdur Rakib
Yuridika Vol. 34 No. 3 (2019): Volume 34 No 3 September 2019
Publisher : Universitas Airlangga

The labour laws of Bangladesh ensure the rights of the labourers. The objective of this study is to explore the labour law practices in the ready-made garment sector of Bangladesh. The survey is used to collect data, percentile and descriptive statistics are used to interpret the results. Most of the cases’ employment conditions-maternity benefit, working hours, paid leave, sufficient wage- are at a satisfactory level but improvements are sometimes needed concerning trade unions, profit participation and health issues. The garment sector should implement the labour laws for the welfare of the labourers and the situation needs monitoring by the government. The purpose of the study ‘Labour Laws in the Garment Sector of Bangladesh: A Workers’ View’ by Mohammad Shahidul Islam and Abdur Rakib (Bangladesh) is to investigate labour law practices in the garment sector in Bangladesh. With a questionnaire, survey data was collected from companies and workers. The researchers concluded that in many cases the employment law situation was in order (i.e. employment conditions, maternity allowance, working hours and leave), but that in some cases improvement is needed (i.e. trade unions, profit participation, and the health of employees).

Towards a Hermeneutics of Pathetic Dots : Finding the Gap Between Law and Reality Bart Jansen
Yuridika Vol. 34 No. 3 (2019): Volume 34 No 3 September 2019
Publisher : Universitas Airlangga

Jansen outlines the methodology of the brainstorm session concerning the findings of the various studies presented at the SMART conference in November 2017. The central questions at the conference focused on how the behaviour of producers of cotton, fabric, and ready-made garments, can be changed in favour of environmental and social sustainability. Jansen provides an interpretation of the Pathetic Dot Theory, designed by Lessig, who assigns an important role to law. In this contribution Jansen presents an approach that can be used to find out in which ways legal means can be applied to achieve an ideal relationship between men and nature

Dutch White Trash: A Phoenix Without Ashes. What Happened to the Emperor’s Old Clothes? Rogier I.C. Baart; Bart Jansen; Martine Bosman
Yuridika Vol. 34 No. 3 (2019): Volume 34 No 3 September 2019
Publisher : Universitas Airlangga

In the Dutch capitalistic consumer society, things are not made to stand the test of time, but to be replaced by other things within the foreseeable future. They are made to be thrown away, and quite often as quickly as possible, because it is this characteristic that guarantees a new purchase. In this contribution the authors will focus on a white T-shirt. The main questions are: What is the current practice in the Netherlands regarding the disposal, separation, reusing, and recycling of this Dutch white trash and how does the legal framework regulate the matter of RMG waste?.

The Legislative Framework for Working Conditions in the Dutch Ready-Made Garment Sector Rosalien A. van ‘t Foort-Diepeveen
Yuridika Vol. 34 No. 3 (2019): Volume 34 No 3 September 2019
Publisher : Universitas Airlangga

This article sets out the legislative framework with regard to labour law provisions concerning working conditions that apply to Dutch employers and employees operating and working in the ready-made garment (RMG) sector in the Netherlands and discusses the challenges that employees may face in the sector. More specifically, this article will focus on the challenges and law applicable to the retail phase and recycling phase in the supply chain of a pair of jeans and a white T-shirt. In this respect, an overview of the labour law provisions will be presented that protect a safe working environment for employees working in the sector. Dutch law contains many provisions concerning the protection of employees against poor working conditions. Among others, employers are obliged to maintain a safe working environment and reasonable working hours for their employees. Dutch labour legislation only applies to employees working in the Netherlands and therefore is of little relevance to the manufacturing phase of the RMG supply chain, which takes place abroad. However, several public and private initiatives were taken to stimulate Dutch clothing brands to exert an influence on the working conditions in the RMG producing countries. Two of these initiatives will be discussed in this article. Furthermore, this article will present which social challenges employees may face in the Dutch RMG sector, which comprise gender inequality, including equal pay and equal opportunities to occupy top management positions and co-determination rights.

Characteristics of Party autonomy in a Transnational Electronic Consumer Contract Moh. Ali; Agus Yudha Hernoko
Yuridika Vol. 35 No. 1 (2020): Volume 35 No 1 January 2020
Publisher : Universitas Airlangga

International contracts involving legal subjects between countries will affect the law chosen by the parties. Electronic contracts are different than conventional contracts in general. Prominent characteristics includevirtual, paperless and borderless. Determination of legal choices cannot be made with a link-point approach that is generally applicable to conventional transactions. The typical e-commerce characteristics should be special treatment for special contracts. The virtual nature that knows no national borders is difficult to determine in which country the legal event takes place. Paperless nature often overrides accuracy in transactions, especially with regard to legal choice clauses and forum choices.In addition, another character is that electronic transactions are made in standard form and are arranged for the purpose of take or leave it. Generally, business actors have determined the choice of law and the choice of the forum. Electronic contracts place consumers in a weak bargaining position (the weaker party). There are active limitations in determining the legal choice clause, causing consumers not to have an unequal bargaining power, giving rise to a fundamental paradigm shift in the principle of freedom of contract from "party autonomy" to "one-sided autonomy". On this basis, the need for state intervention to provide legal protection in the form of mandatory regulations as an exception to the contractual principle that is absolute becomes relative, namely that the applicable law is not mutatis mutandis law that is chosen by the parties but the law where habitual residence is.

Payment of Compensation for Officials Who Did Not Implement the Decision of the State Administrative Court Aries Saputro
Yuridika Vol. 35 No. 2 (2020): Volume 35 No 2 May 2020
Publisher : Universitas Airlangga

Unlawful Acts by the Agency and/or Government Official (onrechtmatige overheidsdaad) carried out in exercising their authority, which may result in the public, individuals and private legal entities to bring a civil suit to the District Court, to obtain compensation. Meanwhile, the public, individuals or legal entities may request an administrative claim for the issuance of a State Administration Decree by a Government Official to the State Administrative Court. The Court's Decision is a representation of legal considerations by the Judge which is recognized as "res judicata pro veritate habetur" which means that the judge's decision is considered to be correct and immediate. In the District Court District for Officers who do not implement the Decision, an execution will be carried out, if there is an execution from the court in this case, it is due to the trial that the implementation of the Decision is carried out in its leadership capacity in the PTUN Decision Domain, in the civil domain in the Court. If the Government Official sued loses, compensation must go through the Government Budget for the Community, Individuals and Legal Entities and vice versa. However, the Government Officials specifically against the PTUN Decision won back sometimes when they were not ready to implement the Court's Decision as it was done by force. Because the efforts carried out are contained within, as is the case, the decision cannot be carried out and handled by the law contained therein.

The Development of Evidence Law in Civil Cases Towards the Unification of Civil Procedural Law Deny Haspada; Efa Laela Fakhriah
Yuridika Vol. 35 No. 1 (2020): Volume 35 No 1 January 2020
Publisher : Universitas Airlangga

The proof is the most important stage in settlement of a case in court because it aims to prove that a particular legal event or relationship has been made as a basis for a lawsuit. Through the burden of the proof stage, the judge will get the bases to decide between settling a case. Nevertheless, the burden of proof regulation remains plural. There are even some regulations which regulate not only the material law but also the formal law. Such a situation affects the achievement of order and legal certainty in law enforcement efforts. As is known, the nature of the procedural law is formal law, namely the law concerning the rules of the game in settlement of disputes through the court, and is binding on all parties and cannot be deviated. That is why procedural law has a public nature. For the certainty of law, therefore, the procedural law must be in the codification form of unification nature so that it can generally apply to and binding on all parties. Therefore, it is necessary to reform the civil procedural law that is codified and nationally applicable.

Late Payment Penalty: Ta’widh And Gharamah Imposed To Debtor From The Shariah Perspective Zuhaira Nadiah Binti Zulkipli
Yuridika Vol. 35 No. 1 (2020): Volume 35 No 1 January 2020
Publisher : Universitas Airlangga

Islamic financial institutions had face problems and barriers such as the problem of delayed financing settlement (for any reason), where it is not possible to impose any interest due to the delay or the cessation of settlement which practiced in conventional banks due to riba’ prohibited (haram) in Shariah principles. This situation is more detrimental when some customers who purposely delay payment of their debts or purposely refuse to pay due to the absence of rules concerning penalty for late payment in Islamic banks. As a result, the Islamic banks had fail to achieve their targeted profits when the problem of debt payment occurs, the Islamic banks have to bear all the losses and finally face difficulties in achieving sustainability and lose out in their efforts to compete with the conventional banks which accept time-based interest for every default late payments of debts. This study aims to discuss the permissibility of late payment charges by way of ta’widh and gharamah from the Shariah perspective and to find the applicable law in Malaysia. Besides, the implementation of ta’widh and gharamah can be described as in the resolutions of the Shariah Advisory Council of Bank Negara Malaysia (SAC). Further, it will elaborate on how related this late payment charges with the concepts of Shariah, Maqasid of Shariah and Maslahah according to judgement of the fundamentals of the Islamic Jurispendence. Lastly, it will also discuss on how the imposition of ta’widh and gharamah is different from riba for deferred debts in Islamic financial institutions.

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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