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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 Intersection of COVID-19 and Mental Health: What's the Matter with Ethics? Siti Hafsyah Idris; Nor Jannah Nasution Raduan; Nurul Azreen Hashim; Nadiah Thanthawi Jauhari; Roslinda Mohd Subbian
Yuridika Vol. 36 No. 2 (2021): Volume 36 No 2 May 2021
Publisher : Universitas Airlangga

As the coronavirus (COVID-19) pandemic rapidly sweeps the world, it induces a considerable degree of fear, worry and concern in the population at large, despite the measures taken to contain the spread of the disease through quarantine. Health care providers, the elderly and individuals with underlying health conditions are the most vulnerable to the disease. Nations, even those with advanced resources of medical science, have underestimated the perils of the pandemic. Efforts are focused on understanding the epidemiology, clinical features, transmission patterns and management of the coronavirus disease. One aspect often overlooked, however, is the mental health crisis underpinning the effects of self-isolation/quarantine and the deaths of loved ones, a crisis which becomes increasingly urgent as the number of positive cases in Malaysia grows exponentially each day. With strict preventive measures and restrictions enacted by the Malaysian Government in the form of the nationwide Movement Control Order, the citizens are experiencing a range of psychological and emotional reactions, including the fear and uncertainty of being one of the infected. Many studies have been conducted to identify the state of mental health of vulnerable individuals during this calamity. This raises both ethical concerns and legal issues with regard to the rights of individuals enduring mental illness. This paper explores the ethical issues involved in the research on mental health during the COVID-19 pandemic and the regulatory mechanisms which protect the rights of the persons who have symptoms of mental illness.

Ratio Legis on the Right to Language in the Education System in Timor Leste Antonino Pedro Marsal; Sukardi Sukardi
Yuridika Vol. 36 No. 3 (2021): Volume 36 No 3 September 2021
Publisher : Universitas Airlangga

East Timor obtained its independence through a referendum conducted by the United Nations (UN). The Constitution of the Democratic Republic of Timor Leste (RDTL) was officially enacted on 20 May 2002. The language clause in Article 13 of the Constitution states that the official languages of East Timor are Tetun and Portuguese. Based on this, the government of East Timor put a policy in place, obligating all levels of the educational system to use only Portuguese in their activities. This policy, however, has faced fierce rejection, especially from private educational institutions, because of its inconsistency with the new reality According to data from the UN, less than 5 per cent of the Timorese population speak Portuguese. In this research, two legal issues emerged. The first is about language as a constitutional right of citizens. The second relates to the use of the Portuguese language in the education system in East Timor and its relation to human rights. To analyse the legal problems, this research utilises qualitative and legal methods. It can be successfully proven that, in the implementation of the language clause in East Timor, the government policy does not consider the legal principle of proportional justice and discriminates against Timorese people who use Tetun and other national languages, which should be encouraged by the nation. The conclusion is that the use of the Portuguese language violates constitutional rights and impedes the quality of education.

The Indonesian Government's Inconsistency in Handling the Covid-19 Pandemic Syamsuddin Radjab; Muhammad Ikram Nur Fuady
Yuridika Vol. 36 No. 3 (2021): Volume 36 No 3 September 2021
Publisher : Universitas Airlangga

A clear legal framework is the basis of an effective policy, including when dealing with the Covid-19 pandemic. However, inconsistencies in this legal framework lead to legal uncertainty and public confusion. This research aims to critique the Indonesian government's approach to dealing with the Covid-19 pandemic, which began in early 2020, particularly the legal framework’s inconsistency in enforcing different and ineffective legal sanctions at the central government and local government level. Normative research methods are used together with a statutory approach, while the research results are explained in a descriptive-qualitative way. This research shows that the government considers the Covid-19 pandemic a non-natural disaster and does not implement lockdowns. Meanwhile, the legal framework used is the health quarantine law, which requires implementing responses to public health emergencies very similar to lockdowns. In addition, the Large-Scale Social Restriction (PSBB) policy has its legal basis in a health quarantine law, while the Covid-19 pandemic situation is considered a non-natural disaster subject to the disaster management law. Furthermore, other results also show ineffective enforcement of legal sanctions, such as criminal sanctions in regional head decisions that cannot be enforced because the PSBB policy only includes administrative sanctions. In conclusion, the inconsistency of the legal framework in dealing with the Covid-19 pandemic is very detrimental to the community due to its impact on human rights, which can lead to legal uncertainty and public distrust of the government.

The Special Power of the State Attorney General in Preventing Governmental Product/Service Procurement-Related Crime in Indonesia Fahmi Fahmi; Moch Zaidun; Bambang Suheryadi
Yuridika Vol. 36 No. 3 (2021): Volume 36 No 3 September 2021
Publisher : Universitas Airlangga

The basic duty of the Republic of Indonesia’s General Attorney in the Special Crime Division is to undertake a repressive function. A preventive strategy includes actions taken to prevent product/service corruption crime by the Civil and State Administration Division of Indonesia’s Attorney General (DATUN). This study aims to analyse the construction of JPN authorisation based on Indonesia’s Attorney General Law. The method used in this study was a juridical, normative one. The results show that given the textual meaning with a grammatical interpretation related to the attorney’s duty and authority in civil and state administration based on Article 30, Clause (2) of Indonesia’s Attorney General Law in terms of acting for and on behalf of the state or government, the prosecutor in the civil and state administration area should have special power. The clause emphasises the phrase “special power” but does not mention explicitly the State Attorney General. Nevertheless, the interpretation of special power as mentioned in Article 30, Clause (2) of the Attorney General Law to be State General Attorney is found in the Republic of Indonesia Attorney General’s Regulation. However, in the concept of norm constructed, this authority should be preceded by a demand. The translation of JPN in the context of function provides a legal deliberation where, on the one hand, the absence of special power of attorney facilitates the role of JPN in attempting to prevent corruption crime, but on the other hand, causes an inconsistent application of the rule.

The Umbrella Act as a Solution to Conflicting Laws and Regulations During the Covid-19 Pandemic E A, M. Kenza Radhya; Nurifanti, Ersya Dwi
Yuridika Vol. 36 No. 3 (2021): Volume 36 No 3 September 2021
Publisher : Universitas Airlangga

The Covid-19 pandemic has brought significant new challenges to countries around the world. In Indonesia, the detrimental effects of the pandemic have been exacerbated by contradictory government policies, which have hindered the nation's ability to control the situation. The proposed Umbrella Act, covering both health and the economy, could resolve the conflict inherent in government policies, and therefore help Indonesia provide an integrated response to the pandemic. This in turn could bring down the country's Covid-19 case numbers, which remain relatively high. This study uses a normative method to critically analyse the legal and regulatory issues of the Umbrella Act. By introducing it, the Indonesian government will be able to fulfil its responsibilities to the national community and effectively mitigate the current emergency.

The Problematics Implementation of Law and Regulations Testing in Indonesia suparto suparto
Yuridika Vol. 37 No. 1 (2022): Volume 37 No 1 January 2022
Publisher : Universitas Airlangga

One of the results of the constitutional change, particularly during the 3rd amendment in 2001 is related to the arrangement of judicial powers exercised by two state institutions; the Supreme Court (MA) and the Constitutional Court (MK). Both as executors of judicial power are given different duties regarding the object of testing a statutory regulation. The Supreme Court is based on Article 24A Paragraph (1) of The Constitution of 1945 relating to the authority to test the legality of statutory regulations under the law against laws, while the Constitutional Court is given the authority to examine constitutionality of laws against the Constitution of 1945 based on Article 24C Paragraph (1) of the Constitution of 1945. Based on the research, it was found that the two state institutions, namely MA and MK, are both given authority in examining the legislation causing problems such as the following : (1). Potentially raises the insynchronity between the Supreme Court's ruling and the Constitutional Court's ruling. (2). The Supreme Court's decision is considered by the Constitutional Court in making the decision. (3). There is a temporary suspension of testing in the Supreme Court (MA). This can affect the institutional relationship between judicial institutions, the image and the authority of the court's rulings, can also cause legal uncertainty so that it will harm the interests of the justice-seeking community.

Diversion Toward Juvenile Crime In South Sulawesi Ririn Nurfaathirany Heri
Yuridika Vol. 37 No. 1 (2022): Volume 37 No 1 January 2022
Publisher : Universitas Airlangga

Juvenile offenders do not all end in diversion. According to Article 7 of the Juvenile Criminal Justice System Law, there are two categories that cannot get diversion, namely children who commit repeat crimes or are recidivist, and children who commit criminal acts and are threatened with coaching 7 years and over. Diversion is given when it has obtained approval from various parties, and a diversion agreement is reached by the victims and their families, the perpetrators and their families. Diversion deliberation does not always end well; if no agreement is reached, then the diversion is considered a failure or unsuccessful. Besides that, diversion can also fail if the perpetrators reject it. This research is a legal research. using a case approach, a conceptual approach and a statutory approach. The focus of the research is the target to be observed or measured, namely the provision of diversion for juvenile offenders, as well as obstacles in efforts to provide diversion to juvenile offenders. Giving diversion to children in an effort to foster a sense of responsibility shows good results, seeing the enthusiasm of children who show remorse for their actions so that there is good faith to listen and learn to be better people in the future. The obstacles faced in efforts to provide diversion to children who are in conflict with the law are that the proposed diversion consultations are not all agreed upon by the conflicting parties because of the siri' culture among Bugis-Makassar and the community's paradigm of retaliation,which is still entrenched

Reform of Plan Termination in the Suspension of Debt Payment Obligations (PKPU) in Indonesia Farih Romdoni Putra
Yuridika Vol. 36 No. 3 (2021): Volume 36 No 3 September 2021
Publisher : Universitas Airlangga

Bankruptcy law exists to ensure justice for creditors and debtors. This research identifies areas of reform in Indonesian bankruptcy law to create justice for creditors and debtors. Specifically, this research focuses on the provisions of the termination of a plan achieved from the suspension of debt payment obligations (‘PKPU’). This research used a normative juridical research method with conceptual and comparative approaches. The author examined the bankruptcy law in Indonesia, evaluated several cases of plan termination in PKPU occurring in Indonesia, and later compared the rules in the bankruptcy laws applied in the United States of America (USA), the Netherlands and Singapore. The results of this study indicate that the provisions for plan termination in the bankruptcy law in Indonesia do not protect the debtors’ interests. From the termination plan cases in Indonesia, confusion was found in the bankruptcy law, which did not provide legal certainty for both debtors and creditors. Comparing the bankruptcy laws in Indonesia, the USA, the Netherlands and Singapore shows that the Indonesian bankruptcy law needs reform to create flexibility to implement the plan. These findings are discussed further in this article.

Potential of a Public Information Commission Based on Public Information Disclosure Principles to Improve State Public Bambang Setyawan
Yuridika Vol. 36 No. 3 (2021): Volume 36 No 3 September 2021
Publisher : Universitas Airlangga

The free flow of information and ideas is essential for democracy and respect of human rights. Censorship has the potential to allow human rights violations to occur in secret, hinder investigations into corrupt and inefficient governments, and many other things. Based on this background, this research is a legal study that takes a statutory, conceptional, and case approach to examine the following issues: 1) the philosophical basis of public bodies as public institutions providing information in the era of public information openness; 2) the existence of an information commission as an administrator and law enforcer in public information disclosure; and 3) public entities’ liability against disputes based on public information from the aspects of administrative, civil, and criminal law. We conclude that freedom of information is in the spirit of democratisation that ensures freedom, based on which the state can function effectively and efficiently without neglecting democratic principles. The enactment of the UU KIP in Indonesia on 30 April 2010 opened a new era of public information disclosure in the country. This law is part of the desire to implement a spirit of transparency to fulfil citizens' human right to access public information (right to know) guaranteed by Art. 28F of the 1945 Constitution of the Republic of Indonesia.

Legal Construction of Anti Eco-SLAPP Reinforcement in Indonesia Banulita, Mia; Utami, Titik
Yuridika Vol. 36 No. 3 (2021): Volume 36 No 3 September 2021
Publisher : Universitas Airlangga

A Strategic Lawsuit Against Public Participation (SLAPP) does not only occur in the environmental sector but in any situation in which an act aims to stop or eliminate the opposition of public participation to certain policies. In the environmental sector, Eco-SLAPP aims to use fear and intimidation to silence people who commit aggression against environmental policies and/or certain interests through reporting/filing complaints or lawsuits to court. Therefore, the Anti Eco-SLAPP concept in Law Number 32 of 2009 was formed to provide protection against the act of Eco-SLAPP as it harms people who fight for a good and healthy environment. Unfortunately, Law Number 32 of 2009 exhibits weakness regarding its substance and process in fulfilling Anti Eco-SLAPP. In terms of substance, Article 2(a) Law Number 32 of 2009 has not given the state responsibility to implement Anti Eco-SLAPP, and Article 66 Law Number 32 of 2009 has not regulated good faith as the reason a person cannot be prosecuted criminally or sued civilly. Neither has it regulated protection from administrative action, the motion strike/dismissal process, or SLAPP Back to prevent early Eco-SLAPP actions. In addition, the implementation of Anti Eco-SLAPP is often misinterpreted since it is unable to distinguish pure criminal acts and actions to fight for the environment based on good faith. Therefore, it is necessary to construct an Anti Eco-SLAPP law based on the weaknesses of the existing Law Number 32 of 2009, so as to reinforce the implementation of Anti Eco-SLAPP in Indonesia.

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Faizal Kurniawan

Contact Email
yuridika@fh.unair.ac.id

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+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

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