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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 Annexation of The General Judiciary Against Consumer Dispute Resolution Agency Otih Handayani; Agus Riwanto; Panti Rahayu
Yuridika Vol. 36 No. 1 (2021): Volume 36 No 1 January 2021
Publisher : Universitas Airlangga

This article aims to analyze the authority of the Consumer Dispute Resolution Agency (BPSK) as Quasi-Judicial in handling consumer disputes as mandated in Article 49 paragraph (1) of Law No. 8 of 1999. This research is a normative legal study that is prescriptive and technical/applied. The research approach uses the Act approach. This legal research material uses primary legal materials and secondary legal materials. The technique of collecting legal materials through library research is then analyzed using qualitative methods. Supervision of the default clause stipulated in the credit agreement is the authority of BPSK; since 2013, the Supreme Court has consistently dismissed consumer disputes for credit agreements positioned as ordinary agreements, stating the parties to the dispute should take their case to the general Judiciary, as well as correcting BPSK's authority. This not only does not imply the principle of lex specialis derogate lex religious but also does not implement efficiency theory that ultimately harms consumers.

The Model of Non-Structural Mitigation Policy to the Landslide Prone Residential Areas in Lebong, Bengkulu Iskandar Iskandar; Tri Andika; Wulandari Wulandari
Yuridika Vol. 36 No. 2 (2021): Volume 36 No 2 May 2021
Publisher : Universitas Airlangga

This study aims to find a model of non-structural disaster mitigation policies for landslide-prone settlements in Lebong Regency. The study is a sociological juridical (sociolegal). Processing and analysis of primary data, secondary data, information from the focus group discussion and legal documents were carried out in a descriptive qualitative manner. The results of the study show that the implementation of non-structural mitigation policies for residential areas prone to landslides has not been implemented optimally. There are internal and external obstacles to implementing such non-structural mitigation policies. The Lebong Regency government needs to formulate and determine community-based policy steps that include: identifying and mapping potential landslide residential areas, increasing community preparedness, increasing community knowledge and capacity, monitoring continuity towards landslide-prone settlements, implementing control/enforcement, maintaining the environmental balance, paying attention to the carrying capacity and amperage of the environment, compiling planning and budgeting, integrating disaster education in primary and secondary school curricula, strengthening regulatory frameworks and establishing mitigation standard operating procedures.

The Principle of Regulation of Mining Business License La Sensu Sensu; Oheo K. Haris; Muhammad Nazar
Yuridika Vol. 36 No. 1 (2021): Volume 36 No 1 January 2021
Publisher : Universitas Airlangga

The purpose of this study is to see and analyze the substance of a mining business permit regulation for the government to communities around mining and to find out and analyze the basic principles of a government policy to give birth to the welfare of communities around mining. This research used socio-legal research, which is a type of research whose orientation is focused on legal and non-legal aspects, namely the work of law in society and government. This revealed is that (1) the nature of Mining Business Permit Arrangements in regional autonomy has created euphoria among local governments, one of which is the assumption that mining belongs to the region and the local community; (2). Whereas the basic principle of the birth of a policy that does not pay attention to the welfare and interests of the local community will result in environmental damage, disharmony between residents, and the absence of commitment to building from mining entrepreneurs from the community around the mine.

Criminal Law Aspect of Illegal Transshipment Under Act Number 45 of 2009 Concerning Fisheries Herman Herman; Oheo K Haris; Syahbudin Syahbudin
Yuridika Vol. 36 No. 2 (2021): Volume 36 No 2 May 2021
Publisher : Universitas Airlangga

This study aims to analyze the practice of illegal transshipment in compliance with Act Number 45 of 2009 criminal provisions law concerning Fisheries, using legal concept, law, and case approaches. Nowadays, there are various operational modes of fish theft, with poor regulations that maximally accommodate crimes related to fisheries by perpetrators. Therefore, due to its unsustainability and economic loss, the fisheries and marine sector in Indonesia has to improve its performance. The results show that illegal transshipment engages some elements contained in Article 94 and 94A of Act Number 45 of 2009 which was an amendment of Act Number 31 of 2004. According to article 94, when a fishing vessel is caught transferring shipment in the middle of a high sea without in possession of a license called SIKPI, its owner/s are sentenced to 5-years imprisonment with a one billion five hundred million rupiah fine. Meanwhile, according to Article 94A, when a fishing vessel is caught using fake licenses such as SIUP, SIPI, and SIKPI, its owners are sentenced to 7 years imprisonment with a fine of three billion rupiahs.

Regional Head Election During COVID-19 Pandemic: the Antinomy in the Government Policies Rizki Ramadani; Farah Syah Rezah
Yuridika Vol. 36 No. 1 (2021): Volume 36 No 1 January 2021
Publisher : Universitas Airlangga

Welcoming the simultaneous regional head election in 2020, it is expected to be an entry point in building a higher quality democracy in Indonesia. Initially, this year's election should be held on September 23. However, this plan must be constrained when the coronavirus disease 2019 (COVID-19) outbreak occurs and spread wildly all over the world including Indonesia, and was officially declared a pandemic by World Health Organization (WHO). When the number of positive cases and deaths continues to increase, the government decided to continue holding the regional election in the midst of the pandemic. Such policy created controversy and faced several challenges, especially regarding the government's inconsistency in fulfilling the rights of its people in the time of the pandemic. This article aims to explain and analyze the contradiction in the government policies from the antinomy of law and human rights perspective. This legal research is doctrinal research conducted using a conceptual, statutory, and case approach. The data will be described in a descriptive-prescriptive manner through qualitative analysis. The results of the analysis show that there are some contradictions between policies regarding physical distancing (both in the Large-Scale Social Restrictions (PSBB) and Health Protocol regulations) and the policy for holding Regional Head Elections during the pandemic. In essence, this contradiction is the antinomy between the aspects of public health and political rights. Antinomies occur when the government seeks to fulfill and guarantee political rights as well as public rights to health at the same time during a pandemic, which actually leads to mutual negation between these rights.

Protecting Freedom of Expression in Multicultural Societies: Comparing Constitutionalism in Indonesia and Canada Herlambang Perdana Wiratraman; Sébastien Lafrance
Yuridika Vol. 36 No. 1 (2021): Volume 36 No 1 January 2021
Publisher : Universitas Airlangga

This paper explores the similarities and differences in Indonesia and Canada regarding the constitutionally protected freedom of expression. While one may expect that both countries do not have much in common from a general standpoint, both do have several similarities in their approach to the interpretation and application of that freedom. The exercise of freedom of expression is also examined through the spectrum of jurisprudential examples from both countries, more specifically in the context of ‘hate speech’, ‘artistic expression’ and ‘language expression’.In addition, the social reality of both countries underlying the freedom of expression is uncovered. Further, the limitations imposed in both countries on that fundamental freedom are also discussed. Learning from the exercise that consisted in this paper to compare relevant laws of two countries, and despite the differences between their respective legal traditions, this study argues that freedom of expression, in two different countries such as Indonesia and Canada, can play a more effective role in a society with a multicultural character that complies with the rule of law.

Artifical Intelligence as Disruption Factor in the Civil Law: Impact of the use of Artifical Intelligence in Liability, Contracting, Competition Law and Consumer Protection with Particular Reference to the German and Indonesian Legal Situation Stefan Koos
Yuridika Vol. 36 No. 1 (2021): Volume 36 No 1 January 2021
Publisher : Universitas Airlangga

The Article describes the impact of artificial intelligence in different areas of the civil law, namely tort law, contract law, antitrust law and consumer protection law. It shows that the use of artificial intelligence already leads to legal constellations, which cannot longer easily subsumized under elementary terms of the civil law and therefore cause a real disruption in the civil law. Terms, which are based on a freedom concept of the subjective rights of the actors, such as private autonomy and contractual will not fit anymore to the activity of artificial intelligence systems the more those systems are able to act independant of human actors. Similar applies to terms which are referring to the freedom of decision like the market behaviour in the competition law. The article discusses several solution approaches, such as personification approches, agent-principal approaches and the definition of new categories of market and contractual acting. In the consumer protection the special focus in the future legal development will be on the problem how to achieve adequate, though not overflowing, transparency for consumers, especially regarding the combination of big data and algorithms.

The Tensions On The Protection Of Local-Traditional Indonesian Batik Ria Setyawati; Mas Rahmah; Rahmi Jened; Nurul Barizah; Agung Sujatmiko
Yuridika Vol. 36 No. 1 (2021): Volume 36 No 1 January 2021
Publisher : Universitas Airlangga

Batik artwork has been known for hundreds of years and has become part of the culture of Indonesian society. Some batik motifs in Indonesia have philosophical values and are part of traditional traditional ceremony activities. Along with the times, the creativity of batik artists has become varied even though ancient traditional motifs are still mass produced and used as inspiration. This research examines the legal protection for traditional batik in order to avoid the abuse of rights by certain parties who merely exploit it in order to benefit from the existence of traditional batik works. The formulation of the problem that will be examined in this research is whether traditional batik gets legal protection under the copyright regime in Indonesia? Are there any legal safeguards at the international level for traditional Indonesian batik works? In answering this problem formulation will use a conceptual approach and a statutory approach. This research is a legal research that will examine existing legal concepts and related legal rules in solving legal problems related to the protection of traditional batik.

Medical Malpractice in the United States of America: Lessons to Learn for Indonesia Muh Endriyo Susila
Yuridika Vol. 36 No. 2 (2021): Volume 36 No 2 May 2021
Publisher : Universitas Airlangga

Many countries have established a system that serves the liability and settlement of medical malpractice disputes in response to rising medical malpractice claims against doctors. The medical malpractice system in the United States of America (USA) is relatively well developed compared to other countries. Besides the pretrial screening process in medical malpractice litigation, various alternatives to litigation have been developed in the USA. This paper aims to explore the development of the medical malpractice system in the USA and the lessons Indonesia can learn from it. This normative legal research relies on secondary data, particularly online sources. It found that Indonesia can adopt some initiatives in the USA to improve its medical malpractice system, especially the pretrial screening panel. The pretrial screening process is expected to eliminate frivolous claims and reduce unnecessary legal actions against doctors.

Disclosure of Information in Environmental Documents in Supporting the Role of Public Monitoring I Made Gemet Dananjaya Suta; I Gusti Agung Mas Prabandari; Ni Luh Gede Astariyani
Yuridika Vol. 36 No. 2 (2021): Volume 36 No 2 May 2021
Publisher : Universitas Airlangga

The role of the community is important in realising the fulfilment of the right to a good and healthy environment as part of human rights. Lack of awareness of the disclosure of information in environmental documents to the public in surveilling activities or businesses that impact the environment is one of the many violations of environmental law resulting in environmental damage and pollution. This paper examines the importance of information disclosure in environmental documents in supporting the role of community oversight of activities that impact the environment. It used a normative legal research method with the statutory and conceptual approaches. This paper finds that the disclosure of information in environmental documents is important in optimising the role of public monitoring. Environmental documents are used as a guide for detailed information related to compliance with the implementation of activity on its terms and obligations. Such disclosure can be seen as the implementation of the right to access information in support of community responsibility, guaranteeing and fulfilling the right to a good and healthy environment as a human right so that environmental damage and pollution from activities that are illegal and/or violate environmental permits can be controlled and prevented.

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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

Abstract

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Abstract

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