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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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Dynamics of Reasonableness and Fairness in a Pluralistic Legal System: Perspectives from Adat, Islamic and Civil Inheritance Law Annida Aqiila Putri; Bart Jansen
Yuridika Vol. 36 No. 1 (2021): Volume 36 No 1 January 2021
Publisher : Universitas Airlangga

Reasonableness and fairness are keystones of law. They are implemented broadly and important doctrine for civil law. However, the open nature of reasonableness and fairness allow various interpretations, influenced by the legal system, legal tradition, jurisprudence or measured on a case per case basis. Indonesia recognizes more than one kind of a legal system, making it a legal pluralist State. This article aims to describe the dynamics of the reasonableness and fairness principle within a pluralistic legal system. Indonesian inheritance laws use three different legal systems: Adat, Islam, and civil law, each provides distinctive perspectives of reasonableness and fairness. These differences may lead to a clash of interpretation or it may leave a wide room of discretion for the judges. Court judgments are analyzed to examine the implementation of such dynamics in practice. Finally, the outcome of the paper concludes whether the differences shall be embraced or whether there is a need to agree upon what is ‘reasonable’ and ‘fair’.

The Exclusive Rights of Licensees in Parallel Import Practices Edbert Seligshan Horman
Yuridika Vol. 36 No. 1 (2021): Volume 36 No 1 January 2021
Publisher : Universitas Airlangga

Parallel imports are one of the most interesting and unique phenomena of international trade. On one hand, it applies competition law, while on the other, trademark law and the customs law also apply in this activity. Parallel imports occur when genuine goods are imported in parallel (concurrently) to goods imported by a licensee. These parallel imports are then sold at a cheaper price than that of the goods of the licensee. This parallel import activity is inconsistent with the exclusive rights that the licensee receives under the licensing agreement it makes with the owner of the trademark. This exclusive right is essentially monopolistic, entitling the licensee to prevent all parties with the commercial intention of selling the same or similar goods as their own. However, the right to monopoly is limited for the sake of a fair competition. The licensee can sue to get compensation in parallel importation base on unjust enrichment principle. Moreover, parallel importation can be inhabited by enforcing procedural and administration regarding import of goods such as, Indonesian national standard and label in bahasa

The Implementation of Good Governance in the Presidential Election in Indonesia Dian Fitri Sabrina; Rosa Ristawati
Yuridika Vol. 36 No. 2 (2021): Volume 36 No 2 May 2021
Publisher : Universitas Airlangga

The 2019 presidential and vice-presidential elections in Indonesia had complicated issues, including broken ballots, multiple voter lists, persons not registered as permanent voters, political money, transparency, administrative violations, electoral penalties and high white numbers. These problems indicate that the values of good governance have not been implemented in the election process. This paper uses the normative method to analyse the issues and laws, particularly when related to aspects of law enforcement and administrative law in good governance. This paper aims to formulate a method for implementing good governance in the election process. The results of the analysis show that electoral justice is very important in Indonesian presidential elections. However, the Indonesian presidential election system does not use good governance and does not support electoral justice. The results of previous elections in Indonesia showed that the values of good governance have not been well implemented in all stages of the election, especially regarding legal principles. This research proposes a good governance system to implement in the Indonesia presidential election process.

The Essence of in Absentia in The Examination of Corruption Cases I Made Suarnawan
Yuridika Vol. 35 No. 3 (2020): Volume 35 No 3 September 2020
Publisher : Universitas Airlangga

The legal vacuum associated with in absentia examinations can benefit corruptors. Unprofessional law enforcement officers can help the suspect by providing opportunities or facilities for the suspect to escape in order to suspend the investigation. In the event where the investigation is suspended for this reason, then there would be no legal certainty and fairness in the effort to recover the financial loss of the State. Article 38 of the PTPK Law only applies in the examination of cases without the presence of the defendant in the trial. In Absentia is a suspect or defendant whose whereabouts is not known, does not present for the examination of the case or whom cannot be forced to be present in the trial. The general philosophy of in absentia examination in corruption cases is that criminal acts of corruption are not justified, as they result in detrimental loss of the country's finances or economy. In the essence, in absentia examination is an effort to eradicate corruption in a serious or extraordinary manner because corruption is a serious crime and as an effort to recover the country's financial and economy loss.

Harmonization of Competition Law: Research on The Transplantability of eu’s Law into ASEAN Reni Budi Setianingrum; M. Hawin
Yuridika Vol. 35 No. 3 (2020): Volume 35 No 3 September 2020
Publisher : Universitas Airlangga

ASEAN has agreed to run a single market through the ASEAN Economic Community (AEC). The consequence of this free flow of goods and services is the emergence of new business competition, new relevant markets and potential contact amongst business actor of ASEAN member and it is possible to create unfair business competition. The implementation of the AEC also has consequences in the field of regulation, specifically the need for harmonization of regulations on competition law in ASEAN member to overcome the problems of cross-border transactions and the absence of competition law in several ASEAN member. This study uses a normative juridical method and aims to examine harmonization of competition law, a research on the transplantability of EU’s law into ASEAN. Results of this research shows that ASEAN can only adopt the European Union's supranationalism system only for cases of violations of cross border competition law, whereas for cases of violations of national competition laws, each country is given sovereignty to apply its own law. This is because the economic characteristics and legal characteristics of business competition vary between ASEAN member countries.

Tackling the Problem of Crops Supply Chain in Indonesia using Internet of Things Based on Law of the Farmers Intan Soeparna
Yuridika Vol. 35 No. 3 (2020): Volume 35 No 3 September 2020
Publisher : Universitas Airlangga

One of the agricultural problems in Indonesia is the crops supply chain that hampers the ability of the farmers to achieve better income from their farming activities. Although the government has issued the Law of the Farmer No 19 the year 2013 to protect and empower the farmer, the problem is still prevalent. It leads to a question of how to implement the law to tackle the problem of the crops supply chain. The study explains that the government has issued an Economy Digital Policy to create electronic commerce in agribusiness (E-Agribusiness) for farmers and to solve their agribusiness problem. However, the use of electronic agribusiness is not yet ample to solve the problem of the crops supply chain. The solution is a suggestion to apply Internet of Things which is using RFID technology to solve the problem of crops supply chain and distribution in E- Agribusiness. The methodology of the study is the normative approach and literature review.

Forestry Borrow to Use Permit in Upstream Oil and Gas Activity: Ecology Governance, Development Administration, and Administration Law Perspective Didik Sasono Setyadi; Deti Mulyati; Azeem Marhendra Amedi
Yuridika Vol. 36 No. 1 (2021): Volume 36 No 1 January 2021
Publisher : Universitas Airlangga

The “Forestry Borrow to Use (FBU) Permit” is an approval of the Ministry of Forestry to allow non-forestry activity to be conducted in Forestry Area. The Upstream Oil and Gas (OG) activity is commonly conducted in suburban or remote area where is located in such forestry area. In this kind of situation, a permission process must take place. So that there is a hierarchy: The Upstream OG activity Executor shall be in position as the Applicant, while the Ministry of Forestry shall be in the “higher” position as the Approver/Issuer the FBU Permit. This shows that between Governmental Institutions, one’s position is subordinate from another, thus causing a situation in which one institution’s plan can be disapproved by another government institution’s decision. Is this hierarchical structure conforming with the new values of coordination, synchronization and harmonization among government institution as required by Good Governance? This paper will analyze it in the perspective of Ecology Governance, Development Administration, Administrative Law in the Democratic Country

Mediation In Indonesian And Wakai/Chotei In Japan: A Comparative Study Kusano Yoshiro; Kawata Sozaburo
Yuridika Vol. 35 No. 3 (2020): Volume 35 No 3 September 2020
Publisher : Universitas Airlangga

Indonesian basic laws such as Civil Code and Code of Civil Procedure are those legislated in the Dutch colonial era and effective in written in Dutch language as genuine text as mentioned in other parts of this paper. Therefore you need amendment of laws to reform civil litigation system including reconciliation and mediation. Indonesians understand this point and they pointed out the issue of amendments of colonial laws at policy level and the do list up Code of Civil Procedure in the National Legislation Program in the parliament with draft written already. One issue of negotiation with the Supreme Court as one of Indonesian governmental body in relation with this project is about who to be sent to training in Japan. Training in a foreign country is a very attractive kind of technical cooperation. If the Japanese side paid much attention toward selection of trainees, then the training would be treated as a mere reward before retirement by the counter part. Those who we cannot expect a good performance or those who cannot make impact upon their bureaucracy might by chance participate the training.

Implementation of The Law Principles of Good Corporate Governance in Indonesian Village-Owned Enterprise (BUMDes) Sri Winarsi; Oemar Moechthar
Yuridika Vol. 35 No. 3 (2020): Volume 35 No 3 September 2020
Publisher : Universitas Airlangga

Based on Law No. 6/2014 concerning Village in Indonesia, in order to increase the utilization of all economic potentials, economic institutions, as well as natural resources and human resources in an effort to improve welfare of the village communities, the village government can form village-owned enterprise (BUMDes). In its practice, implementation of the BUMDes management in several regions is not fully optimized, so that many cases of corruption were found. Thus, good governance practices are needed for optimizing the management of BUMDes to improve the livelihoods of the village. The methods used in this research is statute approach, conceptual approach, and case approach. The conclusions obtained in this research are directed to contribute to the concepts of strengthening the national law related to the management of BUMDes. Hopefully, it can strengthen the village's economy and reduce the level of corruption in Indonesia that is detrimental for the village.

Penal Mediation in the Criminal Law as a Shift in Social Contract Theory I Nyoman Sukandia; I Nyoman Putu Budiartha; Ketut Adi Wirawan
Yuridika Vol. 35 No. 3 (2020): Volume 35 No 3 September 2020
Publisher : Universitas Airlangga

Social contract theory is the theory that illustrates the origin of a state formation. The theory of social contracts is composed of several instruments, including natural human rights, morals and mutual agreement (common will). Humans (individuals) surrender their rights to the ruler (state). The rights that are handed over to the state include rights in the field of public law (public interest). One of the rights in the field of public law is the right to establish norms in criminal law (ius poenale) and the right to convict (ius puniendi). Through the existence of penal mediation in Indonesia, the state's right to convict offenders is reduced. It also means that the rights handed over by individuals to the authorities (state) in social contracts are reduced. Its theoretical implication is that the right of the state to impose criminal sanctions on offenders who are based on the surrender of individual rights to social contracts, begins to be purified again with the settlement between individuals through penal mediation on violations of public (criminal) law that take place.

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Faizal Kurniawan

Contact Email
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

Abstract

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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