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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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Interfaith Marriage in Indonesia: a Critique of Court Verdicts M. Ya'kub Aiyub Kadir; Fachrian Rzki
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.v38i1.38099

Abstract

This paper investigates the deviation of court decisions legalising interfaith marriage, as against Article 1 and Article 2 Paragraph (1) of Act Number 1 of 1974 concerning Marriage. Such a notion is discussed by the norms of six major religions in Indonesia. This paper utilises the doctrinal approach by analysing norms and their interpretation in practice. Doing so reconfirms the validity of marriage based on the One and Only God in which its performance ought to follow the rule of the respective religion and faith, which invalidates marriages between people of different religions. Interfaith marriage may be considered legal by one religion but unlawful by another. It simply means that the conformity between religious laws will render the status of legality of interfaith marriage. This paper found there is possibility that interfaith marriage may considered legal. Nevertheless, the judge and all concerned parties need to be aware of the laws of the respective religions and beliefs if one prohibits interfaith marriage. Even if the other permits it, the marriage will be considered unlawful by the prohibiting religion.
Legal Scope of Human Cloning: Comparative Analysis Between the United Kingdom and France Wan Nurainun Najwa Sulaiman; Muh Endriyo Susila
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.v38i1.38773

Abstract

"Reproductive" cloning and "therapeutic" or "research" cloning are both deliberate attempts to create humans that are genetically identical. Human reproductive cloning in general is prohibited by a number of international and regional agreements, including the Charter of Fukushima, the Additional Protocol of the Council of Europe to the Convention on Human Rights and Biomedicine, the World Health Organization resolutions on the implications of cloning for human health, and the Universal Declaration on the Human Genome and Human Rights. However, there are some countries that want to explore therapeutic cloning and cannot, therefore, support a general ban on cloning. This paper aims to review the legal position of human cloning in the UK and France and further compares the issue between the two countries. the legal position of human cloning in the UK and France, it is clear that both countries were initially against the idea and concept of human cloning in general. Human cloning is a much-needed technology, especially in these modern times. Every day we encounter new diseases and illnesses, so human cloning is essential to help us be better prepared for the future.
Indonesia’s Interests in the World Trade Organization and the Appellate Body Impasse: Questioning the Existence of Special and Differential Treatment Setyo Utomo
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.v38i1.38933

Abstract

The World Trade Organization’s role in resolving international trade disputes is crucial, particularly in multilateral trade, which continues to grow alongside information disclosure and technology advancements. Dispute settlement systems often depend on the existence of the World Trade Organization’s Appellate Body. However, in 2019, the United States prevented new members from joining this body, resulting in dysfunction and instability. Moreover, in 2020, the term of the last sitting Appellate Body member expired. As members of the World Trade Organization, Indonesia and other developing nations receive preferential treatment, which frequently backfires when dealing with developed nations. The special and differential treatment provided to developing nations is supposed to minimize the distinctions between developed and developing nations. This study identified possible actions that Indonesia and other developing nations could take to put an end to the World Trade Organization’s impasse. To do this, they could use non-alignment diplomacy and waive their special and differential treatment. Both a conceptual approach and a literature review were used in this study.
Elimination of Discrimination Against Women & CEDAW: to What Extent is it Jus Cogens? Rr Kunti Dewi Adriane Kusumowardono
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.v38i1.41663

Abstract

The international community gathers on occasion to try and achieve specific purposes, through the development of a system of guidance, norms and regulations for States to observe, commonly called international law. There have been many achievements by the international community working together for the collective interests of the States, for example through the creation of human rights law. Many international treaties have been passed that bind the States to achieve the desired collective purposes. One of these is the Convention on The Elimination of All Forms of Discrimination Against Women, which departs from the fundamental norms set by the United Nations Charter as well as the Universal Declaration of Human Rights about equality between the rights of men and women for their dignity and freedom. However, several States that are party to the Convention have reserved some of the articles, and there is some controversy around it. Therefore, it is the purpose of this article to analyse whether the concept of eliminating discrimination against women and the values and norms contained in CEDAW can be categorised as Jus Cogens norms, in view of the fact that it is a manifestation of the human rights values agreed upon by the international community. Moreover, this article will also analyse the Convention’s implications on domestic norms in States with significant reservations to the Convention.
Restorative Justice for Corruption Cases the Settlement of Corruption Cases: is it Possible? Rizal Faharuddin; Jefferson Hakim
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.v38i1.42511

Abstract

The Corruption Law of Indonesia regulate the return of the state’s losses suffered by state shall not exclude the criminal acts performed by the perpetrators. In practice, the state’s financial loss due to corruption is less than the cost of enforcing the relevant law. Furthermore, a corruption case requires manpower and lengthy process. Thus, the novel idea of settling minor state financial losses in corruption cases by means of returning the losses is considered more effective when applied with certain conditions. The research method of this study is normative judicial. The data used are primary, secondary and tertiary. This study argues that the concept of restorative justice could be applied to the settlement of corruption cases with minor state finance losses with certain conditions. The restorative justice approach to handling cases of corruption emphasises the restoration of the original state of affairs prior to the corruption, the application of restorative justice includes the stoppage of cases in the examination, investigation, and prosecution stages by considering the interest of the state, society, and other legal interests to be protected, the avoidance of negative stigma and retaliation, as well as society’s response to such as resolution.
Binding Power of Dispute Board Judgment in Construction Dispute Settlement Lintang Yudhantaka; Yohanes Sogar Simamora; Ghansham Anand
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.v38i1.42717

Abstract

Construction work in its implementation is carried out based on a contract. If there are problems in carrying out construction work, a dispute between the parties, in this case the service user and the service provider, will occur. Indonesia Law No. 2/2017 about Construction Services (hereafter called UU 2/2017) provides a new dispute resolution model option if problems occur in the construction sector, namely through the Dispute Board. The Dispute Board was created by the International Federation of Consulting Engineers / Federation Internationale des Ingenieurs-Conseils or FIDIC which was adopted into UU 2/2017. However, the regulation regarding the Dispute Board in UU 2/2017 needs to be studied further, especially regarding the nature of the final binding decision, because it still raises problems in its implementation. The purpose of this study is to examine the development of dispute resolution in the field of construction and the implementation of the final and binding nature of dispute board decisions. This study employed legal research methods with a conceptual and statute approach. The results of this study found that construction disputes can be resolved through litigation or non-litigation. The presence of the Dispute Board still does not provide legal certainty for the parties because the nature of the decision is final and binding but is not supported by an implementation mechanism.
The Role Of The Financial Services Authority In Setting The Interest Rate For Financial Technology Loans As Consumer Protection Of Financial Services Sri Astutik; Irawan Soerodjo
Yuridika Vol. 38 No. 2 (2023): Volume 38 No 2 May 2023
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v38i2.40064

Abstract

The development of modern business in the digital era in the services of non-bank financial institutions, which provides convenience and acceleration in services to consumers of financial services is Financial Technology. Peer-to-peer lending is a fintech product that provides loans to debtors at high interest rates. The maximum loan interest rate set by the Indonesian Joint Funding Fintech Association (AFPI) is 0.8% per day. This determination is very burdensome for the debtor as a consumer of financial services, so there needs to be protection and regulation by the authorized institution. This normative legal research aims to determine the role of the Financial Services Authority in determining the Financial Technology Loan Interest Rate as the Protection of Financial Services Consumers. The results of this study, that the role of the Financial Services Authority as an institution that has the authority to regulate and supervise bank and non-bank financial institutions, has issued Financial Services Authority Regulation no. 77/POJK.01/2016 concerning Information Technology-Based Lending and Borrowing Services. In the POJK, OJK does not set loan interest rates. Peer-to-peer fintech lending providers are encouraged to offer reasonable interest rates and are still within a reasonable range.
Reconstruction of Fulfilling the Rights of Domestic Helpers in Employment Relations as a Form of Respect for Human Rights Shohib Muslim; Shinta Hadiyantina; Hudriyah Mundzir; Khrisna Hadiwinata; Dina Imam Supaat
Yuridika Vol. 38 No. 2 (2023): Volume 38 No 2 May 2023
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v38i2.41214

Abstract

The state guarantees welfare for its people, including domestic servants who are guaranteed constitutional rights. However, in statutory regulations, guarantees for legal protection do not apply to domestic workers who work in the informal sector, while domestic workers who work in the formal sector get guaranteed legal protection, as stated in Law No. 11 of 2020 regarding the employment creation cluster. Techniques implemented in research in the form of presentation of concepts, theories and arguments that are useful in studying and analyzing phenomena that occur based on applicable regulations are called normative juridical techniques. Regulations on employment relations norms that place more importance on economic liberalization are listed in Article 1 paragraph 15 and Article 50, where these articles are also the cause of the legal blurring of norms contained in Article 1 paragraph 3. A domestic worker needs a guarantee of legal protection because he has a weak position. The issue of vague norms (vague of norms) contained in Article 1 paragraph 3 is caused by inconsistencies between Article 1 paragraph 15 and Article 1 paragraph 3 and the article that strengthens it, namely article 50, which should implicitly apply to domestic workers.
The Financial Balance Policy Between Central and Local Government: Toward More Just Financial Allocation M. Fabian Akbar; Irvan Mareto; Alfido Fiqri Arsy Adhiem; Ayi Dudi Firdaus; Adriana Maisarah binti Mohd Farid
Yuridika Vol. 38 No. 2 (2023): Volume 38 No 2 May 2023
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v38i2.42904

Abstract

Government finance policy in Indonesia has become an issue that leads to corruption in Indonesia. Remembering that Indonesia is a unitary rather than a parliamentary country, the financial distribution must come from the center of the government, which in most cases leads to corruption since the allocation of the finance does not arrive in the hands of the local government based on the real number. It is interesting to discuss the system that governs the financial distribution from the central government to the local government, and the problems that arise within the system itself. This paper will discuss the financial distribution system from the central government to the local government, as well as the problems that arise within the system that has been used by Indonesia since its establishment. In addition, an example of a case will be discussed here to provide a deeper understanding of the readers. Therefore, a good understanding towards the idea of financial balance between central and local governments will be achieved by the readers.
Internationalization Of Small And Medium Enterprises In Indonesia: Towards Integrative Policy Approach Of Competitiveness And Connectivity Fifi Junita; yuniarti yuniarti; Intan Innayatun Soeparna; Resistensia Kesumawardhani
Yuridika Vol. 38 No. 2 (2023): Volume 38 No 2 May 2023
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v38i2.42955

Abstract

The paper focuses on the policy analysis influencing the internationalization of small and medium sized enterprises (SMEs) engaged in cultural and creative industries (CCIs) in Indonesia. Three approaches of internationalization are explored in this study: the market knowledge approach, the network approach and the international entrepreneurship approach. This article attempts to figure out internationalization as a process starting from the creating of favorable preconditions to the strengthening stage based on the interrelationship among those approaches. The purpose of this article tries to combine the important dimensions proposed by each approach towards an integrative policy approach based on the concept of competitiveness and connectivity. The conceptual model of integrated policy in this study contributes to resolve inefficiency issue as the main gap in the existing strategic policy on SME internationalization in Indonesia; enhance integrative policy analysis literature and propose a more integrated strategic policy for promoting internationalization.

Page 36 of 43 | Total Record : 422

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