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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 Challenges and Opportunities of the Constitutional Court Decision Implementation on Recognition of the Indigenous Religions in Indonesia Sihombing, Uli Parulian; Safa'at, Muchamamd Ali; Anshari, Tunggul; Widiarto, Eko; Salman, Radian
Yuridika Vol. 36 No. 2 (2021): Volume 36 No 2 May 2021
Publisher : Universitas Airlangga

The Constitutional Court of Indonesia has held the followers of the indigenous religion (the Penghayat) can have their own religious identity on their identity card (ID) in 2016. The 1945 Constitution of Indonesia mentions a non-discriminatory principle which has been applied by the Constitutional Court to this case. However, the implementation of the Constitutional Court decision will face challenges and opportunities on the field. The author has used of both normative and empirical methodology by providing related legal information and the result of the interview with the local leader of the indigenous religion as sources of analysing the issues. As the result of the research shows the following challenges for the implementation of the Constitutional Court decision ; a. unification of the laws, b. lack of affirmative action for the followers of the indigenous religions, c. Lack of the updated and integrated administrative data base of the citizens with the Constitutional Court decision, d. religiously and ethnically based politics effecting the decision of public officials to accommodate public services for the followers of the indigenous religions while the following opportunities of the implementation of the Constitution Court decision are the constitutional recognition and protection of the indigenous community, the existence of the National Ombudsman Commission, the rule law principle in the 1945 Constitution, final and legally binding status of the Constitutional Court decision.

Analysis of Renewable Energy Directive II on Trading of Indonesian Palm Oil Associated with the GATT Chairunisa, Amanda Fadhilla; Haryanto, Imam
Yuridika Vol. 36 No. 3 (2021): Volume 36 No 3 September 2021
Publisher : Universitas Airlangga

International economic relations and the policies that regulate them are important for countries. In this study, the authors analyse how the Renewable Energy Directive (RED) II policy, a derivative of the European Union's (EU) RED policy, will affect the Indonesian palm oil trade. It also examines the violations of previous policies, including the General Agreement on Tariffs and Trades (GATT). The authors show that the GATT regulates how international trade relations should be carried out, and any violations of this international agreement could affect economic relations between the two countries on micro and macro scales. The authors adopt normative juridical methods for the study, basing their legal research on library and secondary materials. This study reflects on how RED II can affect trade in Indonesian palm oil products. When RED II went into effect in 2021, the EU violated the nondiscrimination principle in GATT 1947.

The Use of Receivables as Collateral in Business Practices in Indonesia Rio Christiawan
Yuridika Vol. 36 No. 2 (2021): Volume 36 No 2 May 2021
Publisher : Universitas Airlangga

This article discusses the enforceability of article 9 of Law No 42 of 1999 on Fiduciary Guarantee that allows the use of receivables as debt collateral in business practices in Indonesia. Receivables bound by fiduciary collateral are deemed special collateral in the context of civil law. Special collateral will be prioritised in case the debtor does not voluntarily make when due. In business practices, long-term receivables will be established following an agreement between a debtor and a third party. The receivables that the debtor is entitled to receive from the third party will be provided as collateral to secure the debtor’s obligations under his loan agreement with the creditor. The issue discussed in this paper is the fact that although theoretically, special collateral in the form of receivables should be able to increase the creditor’s assurance of getting repaid, in practice, long-term receivables put higher risk on the creditor instead. This paper adopts the normative juridical approach, focusing on juridical studies regarding the creditors' risk in the use of receivables, specifically long-term debt collateral. This paper shows that receivables used as collateral in fiduciary agreements put the greatest risk on the creditor, especially if the agreement between the debtor and the third-party stipulates that in case the debtor fails to fulfil his obligations, all receivables that he is supposed to receive from the third party will be aborted and become non-existent.

Legal Politics of Responsive National Education System in the Globalization Era and the Covid-19 Pandemic Putera Astomo
Yuridika Vol. 36 No. 2 (2021): Volume 36 No 2 May 2021
Publisher : Universitas Airlangga

The Government’s serious effort to build a National Education System in anticipating the development and progress of globalization is manifested through making, stipulating and implementing policies related to the education sector. To prevent illegal policies, laws and regulations are needed as a juridical basis for these policies especially during the current Covid-19 pandemic. The making of laws and regulations that pertain to public affairs is called political law. What needs to be emphasized in legal politics is the guarantee of protection for public participation in the formation of laws and regulations. Community participation, if associated with responsive law, implies that the principle of public participation is paramount in the formation of law for the realization of democratic legal products. Responsive legal politics still creates problems due to the lack of public participation in the making of laws and regulations. Therefore, the research problem is whether the legal politics of the National Education System in the era of globalization is responsive or not. To address this problem a normative juridical approach is used. The results show that the responsive legal politics of the National Education System in the era of globalization consists of the following: Law Number 20 of 2003 on the National Education System, Law Number 14 of 2005 on Teachers and Lecturers, Law Number 12 of 2012 on Higher Education, and Circular of the Minister of Education and Culture Number 4 of 2020 on Implementation of Education Policies in the Emergency of Coronavirus Disease (Covid-19) Spreading.

Fairness in Fair Dealing on Industrial Design Protection Sigit Nugroho; Derita Praptirahayu; Mieke Yustia Ayu Ratna Sari
Yuridika Vol. 36 No. 2 (2021): Volume 36 No 2 May 2021
Publisher : Universitas Airlangga

Fair dealing is an important element in industrial design legislation. Analysing the concept of fair dealing can help society achieve fairness in protecting industrial design works. Fair dealing means that other parties can use industrial design for education and research purposes as long as it does not prejudice the interests of industrial design rights holders. This study aims to analyse the value of fairness in the concept of fair dealing in industrial design law to be used as guidelines for the rights holders and the public so they do not violate industrial design law and advance the welfare of society. This study uses normative legal research through statutes, conceptual approaches, and primary and secondary legal materials. This study finds that fairness in fair dealing and the protection of industrial design can be achieved by balancing the rights of designers and society. Fairness for both can be achieved if the rights holders and society have opportunities to use and enjoy industrial designs. Industrial design rights holders have limited monopoly rights, and the public can use the results of industrial design in a limited manner for their welfare. This is in line with Aristotle’s observation that justice is given in accordance with values of propriety that are not the same.

Juridical Analysis of Regulations Controlling Import or Export of Goods That are Suspected of Originating from Intellectual Property Infringement, Particularly on Registered Trademarks Liah Anggraeni Basuki
Yuridika Vol. 36 No. 3 (2021): Volume 36 No 3 September 2021
Publisher : Universitas Airlangga

Protection of intellectual property laws can start from the action of preventing the entry or exit of goods from a country. The Directorate General of Customs and Excise, Ministry of Finance of the Republic of Indonesia, which is the implementing agency in the customs sector, can control the import or export of goods suspected of being or originating from the result of intellectual property infringement. This is a financial activity involving several institutions, including the Directorate General of Customs and Excise, the Ministry of Finance of the Republic of Indonesia as executor, the Directorate of Trademarks, the Ministry of Law and Human Rights as the institution that issues trademark rights, and the Commercial District Court to exercise judicial authority. Since its implementation, regulations have been made regarding the processes and conditions for controlling the export and import of goods, which accommodate the interests of the state as a regulator with the aim of regulating and harmonizing customs regulations and trademark law and the interests of rights holders or mark owners as the injured party if there is an infringement. However, there are arrangements that are ‘considered’ to be detrimental to the right holder or registered mark owner in relation to the domicile of the party applying for trademark protection in the customs area. This research was conducted using a normative research type with statue and conceptual approaches. With this research, brand owners and rights holders can determine the right steps to protect their registered marks in accordance with applicable regulations.

The Functions of Principle as the Basis of Court Decision in Hard Cases Peter Machmudz Marzuki
Yuridika Vol. 36 No. 2 (2021): Volume 36 No 2 May 2021
Publisher : Universitas Airlangga

The task of court is to produce just decisions. A court decision may be just if it coheres moral. Principle is praxis of moral. This article is to articulate that principle has significant meanings in court’s decisions. This is because principle is a moral standard that serves to be a reference for Court to settle hard cases equitably. In this writing, case approach is employed. In addition, it also uses comparative approach, in which court decisions of different countries are presented. The purpose of using comparative approach is to find similarities in referring to principle despite different jurisdictions and even different legal systems. From this study, it is found that principle may serve four functions to the court to reach equitable decisions. First, it may be a legal basis for the court to settle a case equitably in the absence of legal rule. In fact, not all human conducts are prescribed by law. It is frequently presumed that what is not prohibited is permitted to do. In this study, it is found that what is not forbidden is not necessarily permissible. The corner stone of determining whether or not it is permissible is principle. In this case, principle served to be legal basis directly applied by the court to avoid producing unjust judgment. Second, the principle has the derogatory function to supersede a statutory provision. In this case, applying such a provision may result in decision contrary to moral. This, certainly, contradicts the idea of the establishment of court of justice. It is justified, therefore, referring to the principle, the court supersedes such a statutory provision to bring about a just decision. Third, the principle serves to be a basis for the court to interpret obscure statutory provision governing the case. It is not unusual that statutory provision is obscure or ambiguous. Such a provision is hard to understand. Settling the case governed by such a provision appropriately, the court should interpret the provision sensibly.

Reformulation of Regulation Concerning Share Ownership in Regional Development Banks by Regional Governments of Indonesia Dien Nufitasari; Reka Dewantara
Yuridika Vol. 36 No. 3 (2021): Volume 36 No 3 September 2021
Publisher : Universitas Airlangga

Regional development banks (BPDs) are a realisation of regional governments’ commitment to carry out the objectives of the Banking Law to improve the area. BPDs have an important role in moving the regional economies, but regulatory obstacles arise when norms conflict in terms of regulating share ownership by regions. Therefore, synchronisation is needed to realise legal certainty. This article aims to suggest reformulations to the regulation of share ownership of BPDs to give legal certainty. The article adopts a normative juridical law research method with statutory, conceptual and analytical approaches. The results of the study indicate there are inconsistencies in the provisions governing the share ownership of BPDs. There are juridical implications for the emergence of rights, obligations and legal relations due to inconsistent arrangements. Regulatory reformulation of BPD share ownership by regional governments should be carried out by adopting the concept of norms, resulting in consistent regulation.

Powers and Limits of the State During the COVID-19 Pandemic: A Critical Appraisal Iwan Satriawan; Devi Seviyana
Yuridika Vol. 36 No. 3 (2021): Volume 36 No 3 September 2021
Publisher : Universitas Airlangga

The research aims to analyse the powers and limits of the State and whether Indonesia has properly adopted the concept of powers and limits during the state of emergency concerning the COVID-19 pandemic. The article adopted the normative legal research method, using the statute and case approaches for data analysis. The results show that a State may apply some types of power during an emergency. However, in using its powers, the government must consider the limits during a state of emergency. Indonesia has not properly adopted a balance of powers and limits during the state of emergency concerning the COVID-19 pandemic. While the government may take actions to respond to the pandemic, it cannot exceed the limitations on powers in accordance with the state of emergency principles. The State has tended to exceed the limits during the pandemic. In doing so, the State violated some state of emergency principles during the COVID-19 pandemic, such as temporariness, the rule of law, necessity, proportionally, intangibility, constitutionalism, harmony and supervision. The research recommends that in the future, the government and the House of Representatives (DPR) should obey the state of emergency principles, particularly in terms of State power limits to respect constitutional principles and the rule of law. In addition, individuals, groups of people or organisations may request judicial review of laws or regulations during a pandemic that violate the state of emergency principles to protect the fundamental rights of citizens.

Re-regulating Indonesian Stock Buybacks: Lessons from the United States’ Tax Cuts Didik Farkhan Alisyahdi; Diffaryza Zaki Rahman
Yuridika Vol. 36 No. 3 (2021): Volume 36 No 3 September 2021
Publisher : Universitas Airlangga

This article compares the corporate income tax cuts enacted by the Indonesian COVID-19 Relief Law and the US Tax Cuts and Jobs Act. Further, it investigates the correlations among the tax cuts in the Tax Cuts and Jobs Act, economic development, and share repurchases in the US and seeks to identify appropriate limitations on share repurchases in Indonesia following the enactment of the COVID-19 Relief Law. This research was carried out using the juridical normative method by tracing the laws and literature concerning share repurchase arrangements in Indonesia and the US. The results show that there is a slight positive correlation between the reduction of corporate income tax and economic development in the US and that the US income tax cuts have caused significant growth in share repurchases. Due to the enactment of the Indonesian COVID-19 Relief Law, which also reduced corporate income taxes, Indonesia may be on the verge of extensive share repurchase activity, as was observed in the US. To tackle this problem, we recommend amending Law No. 40, enacted in 2007 concerning limited liability companies, to re-regulate the restriction on share repurchases.

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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

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Fakultas Hukum Universitas Airlangga Jl. Dharmawangsa Dalam Selatan, Surabaya 60286 Indonesia

Location
Kota surabaya,

Jawa timur

INDONESIA

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