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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

24 25 26 27 28

Traditional Cultural Expressions and Intellectual Property Rights in Indonesia Diah Imaningrum Susanti; Rini Susrijani; Raymundus I Made Sudhiarsa
Yuridika Vol. 35 No. 2 (2020): Volume 35 No 2 May 2020
Publisher : Universitas Airlangga

Protection of traditional culture and knowledge has been a concern in Indonesia. Efforts that have been made to legally protect Indonesian traditional expressions and knowledge usually involve intellectual property (IP) laws. However, the protection provided by IP laws may be inadequate for Indonesian traditional communities that care more about the survival and maintenance of their culture and knowledge than the legal exclusivity of their works. This study uses a normative legal approach with the perspective of hermeneutic circle to look at various studies and legal documents to find reasons why IP laws may not be entirely suitable for the Indonesian context and how an IP-based law can be designed to suit the actual needs of Indonesian traditional expression holders. The results obtained affirm that Indonesian traditional cultural expressions cannot be contained by laws that exclusively limit the usage of those expressions and thus a ‘sui generis’ law is needed to give a more appropriate protection.

The Replacement of Criminal Fine in Criminal Taxation Putri Ayu Wulandari; Mochammad Zaidun
Yuridika Vol. 35 No. 1 (2020): Volume 35 No 1 January 2020
Publisher : Universitas Airlangga

The absence of provisions regulating the substitution of criminal fines in the KUP Law, raises legal uncertainty for law enforcement officials, especially prosecutors in executing court decisions. Considering the recovery of state financial losses that can be resolved by the consistency of court decisions, so the provisions in the KUP Law must meet the legal principles in criminal fines in criminal taxation acts. By not clearly stipulated the substitution of criminal fines in the KUP Law raises legal uncertainty. While substituting criminal fines in the KUP Law is only in the form of imprisonment. In practice, there are several forms of court rulings, there are substituting criminal fines with imprisonment, substituting criminal fines with confiscation of assets then auctioned to pay underpayment taxes, substituting criminal fines with confiscation of assets then auctioned to pay underpayment taxes if the convicted person does not have property that is adequate then replaced with imprisonment. The formulation of the legal issues in this study are: (1) the philosophy of substituting criminal fines in criminal acts in the taxation field, (2) Characteristics of substitution of criminal fines in criminal acts in the taxation field. The results of this study are expected to have a conceptual and legal reforms related to substituting criminal fines in criminal acts in the taxation field, so as to ensure legal certainty, justice and benefit, then the replacement of criminal substitute fines in criminal acts in the taxation field must be included in court decisions and followed up with execution of court decision by the Prosecutor as the executor.

Analysis on Non Muslim Heir Position Towards the Inheritance of Muslim Testator in Indonesia Tonic Tangkau; Daniel Julian Tangkau; Prawitra Thalib; Xavier Nugraha; Windy Agustin
Yuridika Vol. 35 No. 2 (2020): Volume 35 No 2 May 2020
Publisher : Universitas Airlangga

Article 171 section c the Compilation of Islamic Law which was ratified through the Presidential Instruction of the Republic of Indonesia Number 1 of 1991 stressed that one of the conditions for heirs in Islamic inheritance law is Mulsim. In its development, the requirement of the Islamic religious obligation is deemed not to provide justice, this can be seen from the many complaints filed by the community to the court. Based on this background, the formulation of the problem in this study is Firstly position of Non-Muslim Inheritance of Islamic Inheritance Inheritance according to positive law in Indonesia Secondly, to find out the position of Non-Muslim Inheritance Against Islamic Inheritance Inheritance from various court decisions in Indonesia. This research is a juridical research, with a statutory, conceptual, and case approach. The results of this study indicate, that First, according to positive law in Indonesia, Non-Muslim Heirs are not entitled to Islamic Inheritance. Secondly, in its development, to fulfill the sense of justice in the community, the judge in Indonesia, decided that the Non-Muslim heirs, although not entitled to become heirs, were still entitled to the inheritance of the Islamic heirs through the obligatory wills. This can be seen from the various court decisions that exist, such as Supreme Court Decision Number 368 K/AG/1995, Supreme Court Decision Number 51 K/AG/1999, Supreme Court Decision Number 16 K/AG/2010, and Supreme Court Decision No. 331 K/Ag/2018

BUMDes as an Alternative Resolution to the Conflict of Marine Tourism Management in Madura Ikhwan, Mufarrijul; Safi, Safi; Yulianti, Rina
Yuridika Vol. 36 No. 2 (2021): Volume 36 No 2 May 2021
Publisher : Universitas Airlangga

The utilisation of coastal space for marine tourist destinations has developed rapidly, potentially resulting in conflict. Marine tourism managed by villagers in Bangkalan Regency exemplifies potential conflict in its implementation. In Labuhan Village, Sepulu Sub District, Bangkalan Regency mangrove tourism has resulted in a conflict of management between the communities in a village. It is well established that public participation is one variable that can affect the supportability of the coastal environment for marine tourism development; however, non-participative management will also affect the sustainability of the tourism business. This research aims to formulate a model of marine tourism management policy through village owned enterprises (BUMDes). Such a policy model is expected to minimise the conflict of spatial management. To achieve this objective, socio-legal research was used with factual and conceptual approaches. The results show that the marine tourism management policy in Madura coastal area is managed more by the mangrove farmer group, tourism consciousness group (pokdarwis) and community supervisor group (pokwasmas). Very few have been managed by BUMDes. BUMDes is a legitimised institution for managing marine tourism in coastal areas because BUMDes can stimulate and activate the rural economic wheel managed by villagers. Juridical construction of marine tourism management through BUMDes can be legitimised based on the Village Act. Village Regulation and legal entity organisation are legal figures underlying marine tourism management through BUMDes as governed by the Village Act and Minister of Village, Transmigration, and Disadvantaged Region's regulation of the establishment, administration, management and dismissal of BUMDes.

Prohibition of Child pornography: Enhancing Child Protection in Indonesia Zendy Wulan Ayu Widhi Prameswari
Yuridika Vol. 35 No. 3 (2020): Volume 35 No 3 September 2020
Publisher : Universitas Airlangga

As many other countries in the world, Indonesia has serious problems with child pornography. The problems linked with the child pornography exist in Indonesia, involving both male and female children. In 2008, Law Number 44/2008 on Pornography was enacted. With regard to the widespread distribution and accessibility of child pornography through the Internet, Indonesia also has Law Number 11/2008 and its revision on Electronic Information and Transaction. At the international level, Indonesia has ratified the Convention on the Rights of the Child (CRC). Furthermore, in 2012, Indonesia ratified the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (OPSC). However, based on data from the Indonesian Child Protection Commission (Komisi Perlindungan Anak Indonesia/KPAI) from 2011 to 2016 there were 1709 cases of child pornography and cybercrime. The cases of child pornography are still increasing and seems impossible to stop. This paper will scrutinize how the existing Indonesian law concerning prohibition of child pornography protects the children. It will also examine whether the law are in compliance with the OPSC. This paper is a doctrinal research using statute, conceptual and comparative approaches. The existing Indonesian law will be compared with the OPSC. The study will show some of the compatibility issues of Indonesian respective national law with the OPSC. On the basis of the findings, the last part of the study will provide recommendations on how Indonesia shall enhance the fight against child pornography.

The Concept of Conspiring to Corrupt in Criminal Law as Ius Contituendum Yulianto Yulianto
Yuridika Vol. 35 No. 2 (2020): Volume 35 No 2 May 2020
Publisher : Universitas Airlangga

The term conspiring to commit criminal acts in Article 15 of PTPK Act cannot refer to existing norms under Article 88 of the KUHP. The criminal act which is to conspire to commit such acts within PTPK Act has been regulated within the Indonesian legal system and recognized by law enforcers. However, the lack of elaboration and clarity towards this type of criminal act in the PTPK Law has hindered law enforcers from utilizing Article 15 of the PTPK Act to combat corruption. The Constitutional Court has attempted to resolve the legal uncertainty of Article 15 of the PTPK Act, however this has been proven to become burdensome for law enforcers in applying the criminal justifications of conspiracy under the scope of Article 15 of the PTPK Act. The criminal act which is to conspire to commit such acts within PTPK Act has been regulated within the Indonesian legal system and recognized by law enforcers.

Demarcation BUMN: Between Private Laws and Public Laws Indah Cahyani; Tatiek Sri Djatmiati
Yuridika Vol. 35 No. 2 (2020): Volume 35 No 2 May 2020
Publisher : Universitas Airlangga

The article titled “BUMN between Private Law and Public Law” aims to find the best solution for crossing the position of BUMN that meets in it two different legal regimes namely private law and public law in Indonesia. Until now it has not been found yet, the most appropriate measure to differentiate BUMN/BUMD is subject to state finance or whether it is subject to the private financial system. Law Number 17 of 2003 concerning state finance has a strong public law nuance representing Hobbes's thinking, while Law Number 19 of 2003 concerning BUMN is stronger in the spirit of private law which represents Grotius' ideas, the problem that arises, namely how to resolve the law dogmatically fairly between the two laws that contain the opposite spirit. The article uses normative legal research methods with a conceptual approach, a statutes approach and a legal case approach. This research resulted in recommendations for the use of legal philosophy as a meta theory for legal theory to be the settlement of the meeting point to find an equilibrium that fulfills a sense of justice.

The Influence of International Tax Policy on the Indonesian Tax Law Putri Anggia
Yuridika Vol. 35 No. 2 (2020): Volume 35 No 2 May 2020
Publisher : Universitas Airlangga

By 2012, the Indonesia government had validated Law Number 9 of 2017. One of the content is finance information government access to the customer bank and to the taxpayer. The government has considerations. First of all, Government will be open the access limitation of banking automatically that is necessary for taxation. The second, Indonesia has committed to international agreements of taxation which is obliged to fulfill the commitment. The commitment is to participate in implementing Automatic Exchange of Account Information (AEOI). Based on the policy, several managements and flow process around the banking area changed. Moreover as the customer bank are affected. The registration for the customer bank have been starting since 2018. By the earlier 2019, the progress of the administration needed to be checked and to be evaluated. This paper tries to discuss this issue based on the academic point of view. Data were obtained through library research. The library research was done by documentary study by collecting and analyzing selected laws and regulations, books, articles, journals and other documents which were relevant to the research. All datas were analyzed qualitavely. The implication of this research brings up a new idea about the theory of bank secrets. Initially, it is consisted of two theories, namely are absolute and relative. Despite of the two, there is a big affect in theory and academic knowledge about the validation of the agreement Indonesia government.

State-Owned Enterprises Finance from the Perspective of State Funds Sopian Sitepu
Yuridika Vol. 35 No. 2 (2020): Volume 35 No 2 May 2020
Publisher : Universitas Airlangga

The existence of State-Owned enterprises (SOE) as one of Indonesia’s legal entities, whereby the State owns part of all of the capital of the company has presented several legal issues. The BUMN Act that has become the basis for establishing State-Owned enterprises has become its own independent legal subject and separates itself from the wealth of the State and has adhered to the provisions of the Company Law Act so that the capital that is presented by the State to the corporation remains as the capital of the SOE and not form the State. However, existing legislations regarding State funds places the funds for SOE as being part of the State budget. This ambiguity in the status of BUMN Funds is not only found in legislations but also in two different constitutional court decisions that presents inconsistencies towards law enforcers. This clear distinction is crucial in the practice of law enforcement in Indonesia.

ASEAN vs. WTO DSM: Overcoming Jurisdiction Issues to Encourage Regional Trade Agreements’ System Efficacy Wisawawit Udomjitpittaya; Zuhda Mila Fitriana
Yuridika Vol. 35 No. 2 (2020): Volume 35 No 2 May 2020
Publisher : Universitas Airlangga

Dispute settlement mechanism holds an important role in upholding the rights and obligations of member countries under any agreements signed by ASEAN members as well as to resolve any dispute between Members, therefore, AFTA has its own dispute settlement procedure. Unfortunately, it has not been fully efficient to solve the trade dispute within ASEAN countries because the parties tend to bring their disputes to WTO Dispute Settlement Body (DSB). This is because there are some issues and constraints in the AFTA DSM which vary from technical issues to cultural issues. Specifically, although there has not been any overlap issue with the WTO, the AFTA DSM might have the possibility to create such issue due to the lack of efficieny in the legal framework. It also has another major issues such as difficult access for private parties to defend their rights and the disputes in AFTA are rarely resolved because of the ‘ASEAN Way’ method. The ongoing reliance of ASEAN Member States to WTO DSB is an unfortunate situation knowing the fact that the WTO DSB has been struggling with overlap jurisdiction issues with other RTAs throughout the years. The aims of this writing is proposing possible solutions to encourage the efficacy of RTA’s DSB usage particularly in ASEAN Region.

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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

Editorial Address
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