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Yuridika
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 use of Language In International Agreements According to The 1969 Vienna Convention And Its Implementation In Indonesian National Law Jean Elvardi; Firman Hasan; Arya Putra Rizal Pratama
Yuridika Vol. 37 No. 3 (2022): Volume 37 No 3 September 2022
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v37i3.28448

Abstract

The use of language in international agreements is very important to establish international cooperation. It is also noteworthy that according to the Indonesian law, the international agreements related to several matters adopted by the government shall be translated to Bahasa Indonesia. However, the terms contained in Indonesian national law, in Bahasa Indonesia, often tend to be different from the meanings contained in international law, such as the 1969 Vienna Convention on the Law of Treaties. Thus, they often have multiple interpretations. As such, the use of language, especially relating to international agreements, can be a trigger for legal disputes. In this regard, using a legal research method by analyzing the international legal instruments and Indonesian national law, this paper digs into the use of language related to the adoption of an international agreement to an Indonesian Law, especially regarding the terms of “ratification,” “accession,”  and others. It is argued that there is a difference of perspective within the “adoption of an international agreement” regarding the terms of “ratification” and “accession” under the 1969 Vienna Convention.
Fake Accounts on Social Media as a Criminal Act of Electronic Information Manipulation in Indonesia Michelle Rezky; Aji Lukman Ibrahim
Yuridika Vol. 37 No. 3 (2022): Volume 37 No 3 September 2022
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v37i3.32484

Abstract

There are often cases where irresponsible individuals create social media accounts using other people's personal identities as if the account is the original account of the person whose identity is being used, hereinafter referred to as fake social media accounts. Such actions can be threatened with Article 35 jo. Article 51 paragraph (1) of Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE Law). The type of research used by the author in this study is prescriptive normative law research with a statute approach and a case approach. In Verdict Number 1739/Pid.Sus/2020/PN Jkt.Brt, the defendant was declared guilty of committing a crime under Article 28 paragraph (1) jo. Article 45A paragraph (1) ITE Law. Not only fulfilling the elements in Article 28 paragraph (1) of the ITE Law, but the defendant also fulfilled the elements in Article 35 of the ITE Law. However, the defendant was not found guilty of a criminal offense under Article 35 of the ITE Law, even though Article 35 of the ITE Law was one of the prosecutor's indictments. Based on this research, the defendant was not found guilty of a criminal offense under Article 35 of the ITE Law because  the form of the indictment in Verdict Number 1739/Pid.Sus/2020/PN Jkt.Brt is less precise. The form of indictment used by the public prosecutor is an Alternative Indictment where ideally the public prosecutor ought to use Cumulative Indictment on a concursus realis crime that the defendant committed.
From Criminal Law to Customary Law: Incest as a Sexual Crime Hijriani Hijriani; Rizki Ramadani
Yuridika Vol. 37 No. 2 (2022): Volume 37 No 2 May 2022
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v37i2.32830

Abstract

This study analyses several aspects of incest as a sexual crime, as well as its law enforcement, by comparing criminal law and Bugis customary law. This normative study was conducted by examining primary and secondary legal materials, which were then analysed qualitatively and descriptively. The findings indicate that incest can occur in the form of sexual violence caused by internal and external factors, such as psychological and family condition. Incest also has a very serious impact on victims, especially children. In terms of criminal law, the regulation of incest is spread across several laws such as obscenity in Criminal Code (KUHP); sexual intercourse with children in the Child Protection Law; and sexual violence against a family member in the PKDRT Law. However, in the Bugis customary law, incest is a sexual deviation against dignity and honour (siri’). On that basis, incest is determined as the most severe customary offense (malaweng) and is punishable by the death penalty. In principle, the criminal law and Bugis customary law both consider incest a prohibited sexual deviation. Although there are differences regarding the severity of sanctions against perpetrators, both legal routes have proven to be complementary and can be applied in court.
Post Conditionally Unconstitutional of Job Creation Law: Quo Vadis Legal Certainty? A'an Efendi; Fradhana Putra Disantara
Yuridika Vol. 37 No. 2 (2022): Volume 37 No 2 May 2022
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v37i2.33364

Abstract

Enigma emerged when the Constitutional Court declared that Law Number 11 of 2020 concerning Job Creation (UU CK) unconstitutional. The purpose of this legal research is to review the legal dynamics of the UU CK after the Constitutional Court Decision No. 91/PUU-XVIII/2020 based on the point of view of the formal review and procedural justice, as well as reviewing the relevance of the Decision as a monumental decision; while at the same time analyzing the phenomenon of 'conditionally unconstitutional' in the perspective of legal certainty and expediency. This legal research uses a conceptual approach and a statutory approach. The legal materials of this legal research consist of primary legal materials, secondary legal materials, and non-legal materials. The study results stated that the Constitutional Court Decision No. 91/PUU-XVIII/2020 is not a monumental decision, considering an omission of "freeze" norms from the UU CK. Meanwhile, if it is studied based on procedural justice and the conception of a formal review, then the UU CK should be null and void by law. Then, 'Constitutional Conditional' in the Decision of the Constitutional Court No. 91/PUU-XVIII/2020 provides legal chaos. There is a contradiction that the UU CK is declared not legally binding as a consequence of 'formal defects' from the process of forming the UU CK. Thus, the suggestion from the researcher is that the government can ratify a standard rule in the law regarding the formation of legislation regarding the construction of an omnibus law scheme.
The Role of the ASEAN Socio-Cultural Community in Overcoming the COVID-19 Pandemic A Indah Camelia; Koesrianti; Lina Hastuti
Yuridika Vol. 37 No. 2 (2022): Volume 37 No 2 May 2022
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v37i2.34227

Abstract

The COVID-19 pandemic is described as circumstances often interchangeably in social and medical contexts as non-boundary spread and directly affected a wide range of human life and a non-traditional security threat. The pandemic has had adverse consequences on the economy, and health and psychology have suffered. In 2020, ASEAN  held an extraordinary summit on COVID-19 to accelerate resilience to the pandemic as a regional response; however, a solid commitment and comprehensive foundation are critical focal points for dealing with infectious diseases. Therefore, ASEAN member states should create a permanent mechanism to deal with current and future pandemics by providing a strategic long-term plan, an annual work plan, effective monitoring systems, and quality assurance by strengthening the ASEAN Socio-Cultural Community’s role as an open and dynamic entity within the ASEAN Community. Doctrinal research based on normative legal and conceptual approaches was conducted as methods for this study.
Enforcement of Consumer Rights Through Dispute Settlement Resolution Agency to Improve the Consumer Satisfaction Index In Indonesia Bambang Sugeng Ariadi Subagyono; Zahry Vandawati Chumaida; Mochamad Kevin Romadhona
Yuridika Vol. 37 No. 3 (2022): Volume 37 No 3 September 2022
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v37i3.34943

Abstract

Legal protection of consumer rights in essence is the role of the government to protect the interests of consumers in the framework of trade. Violation of consumer protection norms can only be enforced if business actors are willing to voluntarily fulfill consumer demands for the fulfillment of consumer rights that have been violated by business actors. However, if the business actor is not willing to carry it out voluntarily, while the consumer assumes that the business actor concerned has violated the consumer protection norms stipulated by the UUPK and is detrimental to the consumer, then the enforcement of the consumer protection norms can only be prosecuted through a dispute specified resolution process in the UUPK. The purpose of establishing the Consumer Dispute Settlement Agency (BPSK) is to protect consumers and business actors by creating a consumer protection system that contains elements of legal certainty and information disclosure. This study is to analyze the implementation of consumer rights enforcement through the Consumer Dispute Resolution Board in order to increase the consumer satisfaction index, as well as to analyze the obstacles and barriers to consumer rights enforcement through the Consumer Dispute Resolution Board.
Eco-Anxiety:Right to Healthy Environment Siti Hafsyah Idris; Norjannah Nasution
Yuridika Vol. 37 No. 2 (2022): Volume 37 No 2 May 2022
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v37i2.36275

Abstract

Eco-anxiety' as a concept is relatively new and has received media attention recently, even though the feeling has probably existed for some time. People who are depressed and lose control when thinking about the impact of human activity on the planet, such as climate change. Climate change is an actual dimension into their mental-health problems, which is not medically recognised or defined. This is normative legal research. The data were consolidated and examined using the legal norm method, which uses qualitative legal analysis, logic, and argumentation. This paper reviewed the literature on eco-anxiety and its legal implications. Environmental and health law continues to be separate bodies of international law, even though the right to health is intertwined with the right to a healthy environment. A right to a clean and healthy environment should explicitly include the right to health-physically and mentally. Priority should be given to greening public health infrastructure, such as mental health facilities, as part of eco-anxiety recovery plans to support the emergence of the environmental impact on mental health and the country's mental health promotion and prevention efforts to serve their needs better.
The Gender Mainstreaming Strategy as a Solution for the Constitutional Rights Violation of Female Circumcision Lanny Ramli
Yuridika Vol. 37 No. 2 (2022): Volume 37 No 2 May 2022
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v37i2.36276

Abstract

In recent years, violence against women has continued. Culture, beliefs, and the role of community and religious leaders are the reasons for the practice of female circumcision in East Java Province. To the perpetrators, this activity is reasonable. This article is a policy study with a gender perspective approach and uses qualitative methods and quantitative data. The results of this study reveal the insights of circumcision practitioners in women who are less aware of the effects of female circumcision, low education levels, and trust and pressure from the family (internal) and the environment (external). Moreover, the main rules are legalised as the 1945 Constitution explicitly outlines government interference in community control, including social and cultural. The gender mainstreaming strategy (PUG) has been implemented to eliminate activities that violate women's rights to health and other constitutional rights.
Conceptual Ideal Supervision of the Corruption Eradication Commission in Eradicating Corruption Crimes Atty Novyanty
Yuridika Vol. 37 No. 2 (2022): Volume 37 No 2 May 2022
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v37i2.36277

Abstract

One law enforcement agency that has the authority to carry out full supervision and investigation of corruption cases is the Corruption Eradication Commission. Article 50, paragraph (1) is problematic where the arrangement is incomplete and seems unclear. There is also a problem in the implementation of article 50, paragraph (3) concerning the phrase ‘The police or the prosecutor's office is no longer authorised to conduct a full investigation’. Article 50, paragraph (1) of Law No 30/2002 on the Commission for the Eradication of Corruption Crime (‘KPK Law’) provides that ‘in the event that a corruption crime occurs and the Corruption Eradication Commission has not conducted a full investigation, while the case has been fully investigated by the police or the prosecutor's office’. Article 10, paragraph (2) of Law No 19/2019 on the Second Amendment to Law No 30/2002 on the Commission for the Eradication of Corruption Crime (‘Law No 19/2019 on the Second Amendment to the KPK Law’) causes a problem because the provisions on the implementation of supervision duties should be regulated in the form of government regulations by referring to an adherence to the principle.
Investor Legitimate Expectation and Indirect Expropriation in Domestic Regulation Concerning the Application of Domestic Raw Application Muchammad Zaidun; Yuniarti; Widhayani Dian Pawestri
Yuridika Vol. 37 No. 2 (2022): Volume 37 No 2 May 2022
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v37i2.36278

Abstract

Law No 11/2020 concerning Job Creation (Omnibus Law’) mandates the use of domestic raw materials for all industries in Indonesia. Following the passage of the Omnibus Law, Indonesia issued Government Regulation No 28/2021 concerning Industrial Management and Presidential Regulation No 12/2021 concerning the amendment of Presidential Regulation No 16/2018 concerning Government Procurement of Goods and Services. Both regulations oblige all industries in Indonesia to use domestic raw materials pursuant to the Omnibus Law. In investment law, this kind of policy could lead to indirect expropriation because when an investor makes an investment in a host country, the raw material and machines for production might come from their home state or other states. Furthermore, a public-private partnership contract with investors funding infrastructure projects for at least 50 years using materials agreed upon in advance will lead to indirect expropriation. The method used in this research was legal research theory with statute and conceptual approaches. From this research, the policy of the Indonesian government can be described as indirect expropriation because the regulation is effective and enforced.

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