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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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Israeli Territorial Annexation in Occupied Palestinian Territory: The Ambivalence of International Law Joni Aasi
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.v37i3.38691

Abstract

The enactment of Israeli policy on the occupied Palestinian territory has shown the development of the annexation of Israel—from the “de facto” annexation, which seized and occupied the Palestinian territory, to “de jure” annexation by enacting legislations. The dispute between these two entities arises the question of the role of international law, including the position of international law in protecting the right to self-determination and sovereignty of the annexed Palestinian territory. Hence, it is crucial to understand the Israeli practice in the matter of territorial annexation to picture the legal framework provided under international law regarding such issue, within the historical and legal context of the Palestinian case. This research argues that the international law is ambivalent. While many United Nations resolutions and legal scholars, including the advisory opinion of the International Court of Justice, have concluded the wrongfulness of the annexation of the Palestinian territory, the recognitions of other states and the difficulty in requesting state responsibility disable the access of Palestinians to justice. As such, it is necessary to focus on the tools provided by the international criminal law to prosecute war criminals and perpetrators of crimes against humanity against the Palestinian people from the Israeli political and military elites.
Reconstruction of Niet Ontvankelijke Verklaard Verdict In the Law of Civil Procedure as a Manifestation of Fast, Simple, Low Cost and Complete Principle of Justice Samsiati Samsiati
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.v37i3.41047

Abstract

Dispute resolution through court is more favorable because the binding decisions of judges can resolve cases. This study discusses ratio legis of niet ontvankelijke verklaard in the law of civil procedure and in the formulation of the delimitation of the judge in giving niet ontvankelijke verklaard in the fast, simple, low cost, and complete settlement of civil disputes. This study used legal research methods with legislation and conceptual approaches. The result of the study showed that The limitation of the judge in examining the lawsuit that does not meet the formal requirements and decides the lawsuit is inadmissible (niet onvankelijk verklaard), in the absence of fast, simple, low-cost, and complete civil disputes, as stated in the Draft Bill of the Law of Civil Procedure, which is essentially related to the types of exceptions that can become the basis for the judge in determining the lawsuit to be inadmissible (niet onvankelijk verklaard). Indonesia's current civil procedure laws, HIR and RBg, do not specifically outline the standards that a judge must employ to declare that a matter is inappropriate for filing (niet onvankelijk verklaard). Before making a ruling that is not admissible (niet onvankelijk verklaard) in the settlement, the judge must be aware of his or her restrictions in this situation. As stated in the Draft Bill of the Law of Civil Procedure, the judge is limited in examining lawsuits that do not meet the formal requirements and deciding that the lawsuit is inadmissible (niet onvankelijk verklaard), in the absence of quick, easy, inexpensive, and comprehensive civil disputes. This limitation is essentially related to the types of exceptions that can become the basis for the judge in determining that the lawsuit is inadmissible (niet onvankelijk verklaard)
A Juridical Study of Granting Wills to Heirs in the Perspective of Islamic Inheritance Law Oemar Moechthar; Agus Sekarmadji; Ave Maria Frisa Katherina
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.v37i3.41161

Abstract

This paper is intended to criticize the societal practices that occur, especially in Indonesia, where many heirs during their lifetime give wills to heirs who have been given a particular part in the Qur'an, which results in other (experts) heirs not getting a share or obtaining. Less than that specified in the Qur'an. One of the contributing factors is because, according to the heir, the provision of the will is to provide justice for all his heirs; however, fairness according to the heir is different from justice in the distribution of inheritance according to the Al-Qur'an and Hadith. Legal research uses this case approach as the primary analysis juxtaposed with the statutory approach and the conceptual approach as the 'knife' of analysis. The thesis or argument obtained is related to aspects of Islamic law; it is not appropriate for the heir to give a will to someone who is an heir whose part has been assigned in the Al-Quran and Hadith.
Accountability of Budget Users and Proxy Budget users on the Emergence of State Losses in the Procurement of Government Goods/Services Rustanto
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.v37i3.41280

Abstract

Many criminal acts of corruption originate from the procurement of goods/services which turns out to not make the application of the article on corruption crimes to matters relating to state losses or the application of corruption crimes to KPA and PA actions important to get attention, because many parties are certainly familiar with the character of law enforcement for criminal acts of corruption, which are always linked with administrative errors. Based on this background, this research raises the title: "Criminal legal responsibility for budget users and budget users authority in the procurement of government goods/services for the occurrence of state losses.” The purpose of this study is to analyze and find the ratio of the legal liability of PA and KPA in the procurement of government goods/services for the occurrence of state losses and legal consequences for the implementation of PA and KPA duties that cause state losses in the procurement of government goods/services. The research method used is legal research (doctrinal research) and the approach used is the statutory approach, case study, conceptual approach, and comparative approach. The results of this study, namely the Legis Ratio of accountability for PA and KPA for the occurrence of state losses, is because PA and KPA are state officials who have special authority which in fact is not owned by everyone, even public officials, so that, according to the legal principle of deen bevoegdheid zonder verantwoordenlijkheid (there is no authority without accountability), it is logical that, when exercising this authority, when the PA and KPA make a mistake, there are juridical consequences, but the mistakes made by the PA and KPA cannot be generalized immediately. The mistakes made by the PA and KPA must be analyzed, to find out the qualifications for the responsibilities of the PA and KPA, whether administrative, criminal, and/or civil liability. This, when associated with the ten-to-one rule principle, should not allow the PA and KPA to be held accountable for more than the mistakes made.
Implementation of Juvenile Reprimand in Indonesia Sarwirini Sarwirini; Trian Diarsa
Yuridika Vol. 38 No. 1 (2023): Volume 38 No 1 January 2023
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v38i1.33857

Abstract

Eight years on from the enactment of Law of The Republic Indonesia No. 11 of 2012 concerning the Juvenile Criminal Justice System, there is no implementing regulation that regulates the reprimand sanction imposed on children. In other countries, for example in the United States, a reprimand is called a judicial warning or reprimand and is implemented in front of a public trial by a judge, who verbally warns children, following which they are returned to their parents and have no obligation that must be met regarding the criminal acts they have committed. This type of penalty is mostly imposed on a juvenile who is guilty of their first offence, as well as against non-violent crimes. The placement of the reprimand in Article 77 Paragraph (1) of JCJS Act is not without purpose, but this is a form of protection for children of criminal offenders and provides choices for judges in imposing sanctions other than imprisonment. Using normative legal methods, this research examines the current practice of implementing the reprimand sanction and proposes possible suggestions for its improvement.
One-Man Company Policy and Its Impact on Improving Citizen Welfare Bita Gadsia Spaltani; Muhammad Farid Alwajdi; Uni Tsulasi Putri
Yuridika Vol. 38 No. 1 (2023): Volume 38 No 1 January 2023
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v38i1.37454

Abstract

To facilitate investment for business actors, Law no. 11 of 2020 concerning Job Creation makes changes, deletions, and stipulations to new regulations in several laws. One of the new regulations is to simplify the establishment of limited liability companies (LLCs) through changes to the provisions on company capital, legal entity status, and the company criteria for allowing one person to establish a micro or small business referred to in this research as a one-man company. In its development to date, BPS data from a survey of the impact of the Covid-19 pandemic on approximately 30,000 MSME business actors in 2020 shows that as many as 84 percent of MSMEs experienced a decrease in income during the pandemic, with as many as 24 percent reducing capacity. This research was conducted using a normative juridical approach that examines legal principles as well as related laws and regulations. the legal basis for individual companies is regulated in laws and regulations which include Law Number 11 of 2020 concerning Job Creation (UU Cipta Kerja), Government Regulation Number 7 of 2021 concerning Ease, Protection, and Empowerment of Cooperatives and Micro, Small, and Medium Enterprises, Government Regulation Number 8 of 2021 concerning Authorized Capital of the Company and Registration of Establishment, Amendment.
Breach of Contract Settlement of Quasi Equity Agreement Between Investor With Indigenous People Soa Nacikit Migodo at Buru Island Adonia Ivonne Laturette
Yuridika Vol. 38 No. 1 (2023): Volume 38 No 1 January 2023
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v38i1.37709

Abstract

Indigenous lands belonging to indigenous peoples are regulated by their respective customary laws. The land is seen as something very valuable and must be defended by the indigenous people. Customary land is land belonging to the customary law community unit. Under the system of land ownership according to customary law, indigenous people can gain ownership over a piece of land by clearing forests, inheriting land, receiving land as a gift, exchanging or granting land with or to another, or expiry/verjaring. This research is a sociological legal research, a legal research method that uses empirical facts taken from human behavior, both verbal behavior obtained from interviews and real behavior through direct observation. Empirical research is also used to observe the results of human behavior in the form of physical and archives. In the profit-sharing agreement between PT. Panbers Jaya and the Soa Nacikit indigenous people, PT. Panbers Jaya was in default because it did not carry out its obligations according to the agreement. After deliberation between the parties, the agreed-upon settlement is that PT. Panbers Jaya will give the agreed rights within the new timeframe.
The Dialectic of Notary Inheritance Deed Arrangement Dinda Keumala
Yuridika Vol. 38 No. 1 (2023): Volume 38 No 1 January 2023
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v38i1.37787

Abstract

Verifying an heir's deed of inheritance is an approach to proving an heir’s legal status. The Indonesian Ministry of Land and Special Planning Regulation No.16/2021 stipulates that a notary can make an inheritance deed for all residents in Indonesia regardless of their ethnic groups. This paper investigates the notary inheritance deed arrangement based on the regulation mentioned above and the challenges notaries still encounter in making an inheritance deed after the regulation’s enactment. The researcher applied normative research with a descriptive approach and utilized secondary data for qualitative analysis. The deductive approach to this research helped the researcher conclude that the authority of notaries to make an inheritance deed as regulated in the Indonesian Ministry of Land and Special Planning Regulation No.16/2021 contradicts their authority as regulated in the Indonesian Law on the Notary Position Act. An in-depth understanding of the customary inheritance law in all Indonesian regions challenges the authority of notaries to make an inheritance deed under the Indonesian Ministry of Land and Special Planning Regulation No. 16/2021.
Criminal Social Work To Overcome Overcapacity In Post-Pandemic Prisons M. Musa; Elsi Elvina; Evi Yanti
Yuridika Vol. 38 No. 1 (2023): Volume 38 No 1 January 2023
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v38i1.37962

Abstract

There are currently various problems with prisons, including the emergence of problems regarding Over Capacity in prisons. Especially in the era of the Covid-19 pandemic, where prisons in Indonesia are not comparable to limited capacity space. In the renewal of criminal law, in this case, the Draft Law on the Criminal Code (RUU-KUHP) has discussed various alternative crimes, one of which is the existence of social work crimes. Research on social work crimes to overcome overcapacity in Post Pandemic Prisons (Prisons) uses normative legal research methods. The legal material used is to use library studies (Library Research). The regulations regarding social work crimes have been implemented in several countries such as the Netherlands, Portugal and Denmark. Social work crimes are also known as short-term deprivation of liberty and as an alternative attempt to carry out certain crimes with a short time.
Concept of Illegal Fishing for Indonesian Regulations and UNCLOS Karina Tri Ambarsari; Ilham Rahmansyah; Andi Muhammad Fajar Abidin; Aurellya Desita Ananda Putri
Yuridika Vol. 38 No. 1 (2023): Volume 38 No 1 January 2023
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v38i1.38045

Abstract

Illegal fishing is a transnational crime that needs special attention in its eradication to safeguard national sovereignty. Illegal fishing law enforcement and the protection of marine assets in Indonesia are based on the Shipping Law, Fisheries Law, Ministerial Regulations, and UNCLOS. Must be protected by any actions related to opportunities for crime to occur. There is no legal protection for potential geographical indications as a communal right of the people in Indonesia. This paper adopted the normative method with data sources drawn from primary and secondary legal materials. In addition, control practices are important in the fight against illegal, unreported, and unregulated (IUU) fishing. From here, the sinking of the ship became one of the control programmes. The current perspective on the problem of sinking or destroying fishing vessels is not from a legal aspect but from a standard or guideline for implementing procedures that have not been regulated, even though the Indonesian government is the subject of comparison with applicable laws.

Page 35 of 43 | Total Record : 422

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