cover
Article Per Year (5 Year)
All
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
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
 35   36   37   38   39 
State Responsibility for Access and Availability of Patented Drugs for Public Health Lidya Shery Muis; Rahmi Jened; Nurul Barizah; Go Chin Tjwan
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.v38i2.43007

Abstract

Article 28H and Article 34 of the 1945 Constitution of the Republic of Indonesia stipulate that fulfilling the health rights of Indonesian citizens is the responsibility of the state. Human rights require that individuals have access to the availability of medicines in society. The high price of medicines, especially patent medicines, results in limited access and availability of essential medicines. This study uses normative legal research methods, with a statutory approach, and a conceptual approach. The purpose of this study is to examine and analyze the state's goals in fulfilling the right to health as a human right by the state as well as access and availability of patented drugs to fulfill the right to health. In addition to ensuring the availability of complete medicines in sufficient quantity, quality, affordable and easily accessible to the public, the government is also responsible for protecting the rights of inventors as long as the drugs are still under patent protection. To balance these two rights, the government plays the role of provider, regulator, entrepreneur and umpire.
Corporate Criminal Liability in Procurement of Goods and Services in Hospital Meity Ardiana; Adriano Adriano; Kurniadi Doni; Yulianto Yulianto
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.v38i2.43674

Abstract

Procurement of goods and services for the benefit of the government is one of the tools to drive the wheels of economy in order to improve the national economy in order to create people's welfare and improve the quality of human resources. However, there are many problems in the implementation of the goods and services procurement program, such as mark-ups that exceeded the limit and law enforcement which was considered problematic, this resulted in the difficulty of determining which administrators were responsible for violations in the procurement of goods and services, given the complex form of management in a corporation that raises doubts about the possibility of the corporation to be held criminally liable and sentenced. Especially in hospitals which, at every level, every subject who carries out their duties and functions, can represent the hospital as a corporation. This article discusses corporate criminal responsibility for violations committed by Directors, Budget User Authorities, procurement committees and/or project executors in the procurement of goods and services in hospitals. This study will answer how is the criminal responsibility for violations committed by the Director and Committee in the procurement of goods and services at the Hospital and how is corporate criminal responsibility towards third parties for violations committed in the procurement of goods and services at the Hospital. The method used is qualitative and the approaches used are statute, conceptual, and case.
Regulating Court Jurisdiction to Protect Weaker Parties: An Overview of the Indonesian Civil Justice System Sujayadi, Sujayadi; Wijayanta, Tata; Herliana
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.v38i2.43835

Abstract

It is necessary to facilitate an easy access to the courts to protect weaker parties. This can be achieved by regulating the personal jurisdiction of the court, so that weaker parties can easily access the courts. In Indonesian civil justice system, some regulations have been implemented to protect weaker parties through the jurisdiction of the courts. This article will elaborate those regulations and their obstacles in protecting the access of consumers, workers, women and children, and foreigners to the Indonesian courts. Statutory approach with reference to the general principles of the court personal jurisdiction and the principles of access to justice for the weaker parties will be employed. This article finds that some regulations related to the court personal jurisdiction in Indonesia provide protection to the weaker parties by allowing them to submit their claim to the court where they reside against the counterparty. However, lack of consistency may hinder the implementation.
Old Well Management from Investment Law Perspective Sang Ayu Putu Rahayu; Rahayu Fery Anitasari; Mia Pitaloka Krisna Putri; Anak Agung Ayu Diah Setyawati
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.v38i2.43924

Abstract

Upstream oil and gas business activities are exploration and exploitation activities carried out by cooperation contract contractors ( KKKS) in a work area with a cooperation contract, which in this case uses the type of PSC. In a working space, a part of the field is not cultivated by KKKS, which is commonly called an Old Well. Factually Old Well management regulations still need amendments and updates to developments, especially in upstream oil and gas contracts, which have now been switched to gross split PSC. This study adopted a normative method, with data sources drawn from primary and secondary legal materials. Ultimately, it is appropriate and reasonable to amend the management of Old Wells, considering that upstream business activities continue to develop and undergo changes. Therefore, understanding the old well management scheme, in line with regulatory changes in upstream oil and gas business activities, is essential. Furthermore, until now, what is still used is the type of operating cooperation (KSO) for old well management, but basically, the appropriate cooperation contract model to be used in the direction of Old Wells that can meet the needs of all parties involved in the type of profit-sharing contract, while still meeting the minimum clause requirements that must be in the Old Well management contract following the operational procedure guidelines (PTK) for the management of Old Wells. In this regard, the government should consider using a gross split production-sharing contract (PSC) scheme to manage oil and gas wells in Old Wells.
Legal and Socio-economic Issues Concerning Black Marketer's Activities of Petroleum Products in Nigeria Simon Ejokema Imoisi; Paul Atagamen Aidonojie
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.v38i2.44999

Abstract

Petroleum is an essential commodity that is highly demanded by the populace of the world because it is the major and predominant source of energy in the world. Given that there could be an abuse of petroleum products in Nigeria, Section 4 of the Petroleum Act further prohibits the storage and sale of petroleum products by black marketers in Nigerian communities. However, it is unfortunate that due to poor implementation of the Petroleum Act, there has been a constant increase in the activities of black marketers of petroleum products in Nigeria. This study embarks on a hybrid method of studying the activities of black marketers in the Nigerian petroleum industry. In this regard, 322 questionnaires were distributed to respondents residing in Nigeria, and descriptive and analytical methods were adopted to examine the results. The study found that the incidence of black market activities is often caused by legal and socioeconomic challenges, such as poor implementation of the legal framework, petroleum scarcity, poverty, and unemployment. It was therefore concluded that to curtail the activities of black marketers in Nigeria's petroleum industry, there should be a due implementation of the Petroleum Act, provision of petroleum products, and prosecution of persons involved in black market activities in Nigeria's petroleum industry.
Enhancing Consumer Benefit Via Special Tax Scheme for Social Enterprise Rabiatul Adawiyah binti Mohd Ariffin; Zuhairah Ariff Abd Ghadas; Shahril Nizam bin Md Radzi
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.v38i2.45360

Abstract

In Malaysia, social enterprises (SEs) are still in their infancy, but they are growing in popularity as more people become aware of the beneficial effects on local communities. SEs in Malaysia are business models that combine the aspects of both non-profit and commercial entities to achieve social or environmental objectives. Business organizations, such as partnerships, corporations, and limited liability partnerships, are used to operate SEs because there is no specific legal entity for SEs in Malaysia. From a Malaysian perspective, tax-exempt status is one of the main challenges encountered by Malaysian social entrepreneurs. Despite the government’s efforts to recognize SEs, the problem of taxation for SE has not been resolved because SE still must pay taxes in a manner similar to that of commercial entities. This study aims to provide tax benefits to SE in Malaysia. Although Malaysia revised its laws and accredited SEs, no tax exemption has been provided exclusively for SEs. SEs contributions are meant to improve social welfare, but SEs are not exempt from taxes, such as charitable organizations. SEs business methods and organizational structures, which are comparable to those of commercial companies, lead to the conclusion that SEs are comparable to commercial organizations. The research concludes that by introducing tax exemptions permanently for SEs in Malaysia, customers can benefit from supporting businesses that align with their values, while SEs can benefit from increased support and growth opportunities. Governments can also benefit from a stronger economy and increased social and environmental impacts, making this an attractive policy option for Malaysian society.
Limitation of Misconduct of Judges: Increasing The Synergy of Supervision of Judges by The Judicial Commission and The Supreme Court Fairuz Zahirah Zihni Hamdan; Dwi Rahayu Kristianti; Vincentius Verdian
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.v38i2.45472

Abstract

The supervision of judges in judicial power in Indonesia is carried out by two state institutions: the Judicial Commission and the Supreme Court. Internal supervision of judges is carried out by the Supreme Court on the judicial technicalities of judges and externally by the Judicial Commission on the ethical aspects of judge behavior. However, in its implementation, there is still no explicit limit to the scope of judges’supervision between the two institutions. This research aims to provide a different perspective and new breakthrough in judge supervision, namely, setting a boundary between judicial technical violations and ethical violations in examining alleged ethical violations by judges as a form of judicial supervision. The type of research used was reform-oriented research using a statutory and conceptual approach. The results showed that the mechanism for supervising judges was regulated through the Joint Regulations of the Supreme Court and Judicial Commission on the Code of Ethics and Code of Conduct for Judges (KEPPH), KEPPH Enforcement Guidelines, and Joint Examination Procedures. However, in its implementation, there is still a problem of unclear scope and limitations in the supervision of judges. Therefore, there must be improvements in related regulations by limiting technical judicial violations and ethical behavior.
Reformulation of Age Limit for Criminal Liability Child Narcotics Dealer Thesar Yudi Prasetya; Didik Endro Purwoleksono; Astutik
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.v38i2.47052

Abstract

This article that uses and is based on applicable laws and principles. The legal and regulatory approach is carried out by examining legal provisions, in particular, Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, Law Number 35 of 2009 concerning Narcotics, and other related regulations to determine and find out the age of a child before the law. relevant in national criminal law. Based on the above approach, the results of the discussion of this study are: Children in conflict with the law are children who are 12 years old but have not reached the age of 18 who are suspected of committing a crime. This definition was derived from a law known as the Law on the Juvenile Criminal Justice System (UU SPPA), which replaced the law known as the Law on Juvenile Courts. As a result of this definition, it is clear that the Legislature has reached a consensus that the age of eight is an inappropriate age for a person to be held accountable for actions they have committed. In terms of handling narcotics cases, especially children as dealers, the prosecutor's attention is needed to better control the results of investigations conducted by the police so that they can catch perpetrators of child narcotics dealers to uncover a large network of narcotics dealers. Until now there has been no study or regulation that specifically regulates the prosecutor's authority to control the results of investigations by the police to be able to catch perpetrators of child narcotics dealers to uncover the large network of narcotics dealers behind them.
The Urgency of Returning the People's Consultative Assembly Authority in Determining the Outlines of the Nation's Direction Noer Wahid, Deny; Anggraeny, Isdian; Samira Echaib
Yuridika Vol. 38 No. 3 (2023): Volume 38 No 3 September 2023
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v38i3.36885

Abstract

The role of the MPR after the amendments to the 1945 Constitution carried out in the reform era has reduced most of the power of the MPR which was originally as an implementation of people's sovereignty, as stipulated in Article 1 paragraph (2) of the 1945 Constitution. As a result, the MPR of the Republic of Indonesia showed that as an permanent state high institution, although they continue to function as ad hoc organizations. Furthermore, the government's development became unsure and tended to be chaotic after the Indonesian People's Consultative Assembly abolished the power to define the country's direction, prioritizing only the five-year political program. By placing restrictions on the drafting of these provisions, restoring the People's Consultative Assembly of the Republic of Indonesia's power to make decisions, it is hoped that it will become a function of social control of the Citizen. Based on the description above, the following problems are formulated: 1. The urgency of returning the MPR's role to make decisions as a function of citizen social control. 2 Restore the authority of the MPR to make the outlines of the nation's direction as a guideline for state development. In order to discuss this, a historical approach, a statutory approach, and a conceptual approach are combined with a normative legal research methodology.
Responsibilities of Medical Practice through Digital Health Platforms Nanda, Wella Mareta; Prilian Cahyani, S.H., S.AP., M.H; Mohamed Ali El Fetouhi Abarran
Yuridika Vol. 39 No. 1 (2024): Volume 39 No 1, January 2024
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v39i1.43150

Abstract

Medical practice through digital health platforms is one of the innovations in the health sector that changes the practice of medicine in a modern direction with technological intermediaries. Digital health platforms accommodate doctors in providing medical services to patients virtually. Certain parties may experience the disadvantages of using technology as a result of limitations that surround medical practice through digital health platforms. The laws have not yet provided specific arrangements related to the medical practice through digital health platforms. This research aims to provide legal certainty by identifying and analyzing the limits of liability of the parties involved in medical practices through digital health platforms. This legal research uses a statutory approach and conceptual approach. The results showed that the imposition of liability for losses suffered by a particular party is based on the element of error inherent in the party that caused the loss. Platform operators are responsible for the leakage of a patient's personal data and medical records. Doctors are responsible for misdiagnosis and prescribing of drugs after the patient provides correct health information. The courier delivery is responsible for ensuring the medicine reaches the patient from the pharmacy according to the prescription given by the doctor. The electronic payment company must solve the transfer of funds problem and the insurances responsible for taking care on insurances needs if the patient connects the treatment with their insurance.

Page 37 of 43 | Total Record : 422

 35   36   37   38   39 

Filter by Year

2001 2026


Reset
Filter By Issues
All Issue Vol. 41 No. 1 (2026): Volume 41 No 1, January 2026 Vol. 40 No. 3 (2025): Volume 40 No 3 September 2025 Vol. 40 No. 2 (2025): Volume 40 No 2 May 2025 Vol. 40 No. 1 (2025): Volume 40 No 1, January 2025 Vol. 39 No. 3 (2024): Volume 39 No 3 September 2024 Vol. 39 No. 2 (2024): Volume 39 No 2 May 2024 Vol. 39 No. 1 (2024): Volume 39 No 1, January 2024 Vol. 38 No. 3 (2023): Volume 38 No 3 September 2023 Vol. 38 No. 2 (2023): Volume 38 No 2 May 2023 Vol. 38 No. 1 (2023): Volume 38 No 1 January 2023 Vol. 37 No. 3 (2022): Volume 37 No 3 September 2022 Vol. 37 No. 2 (2022): Volume 37 No 2 May 2022 Vol. 37 No. 1 (2022): Volume 37 No 1 January 2022 Vol. 36 No. 3 (2021): Volume 36 No 3 September 2021 Vol. 36 No. 2 (2021): Volume 36 No 2 May 2021 Vol. 36 No. 1 (2021): Volume 36 No 1 January 2021 Vol. 35 No. 3 (2020): Volume 35 No 3 September 2020 Vol. 35 No. 2 (2020): Volume 35 No 2 May 2020 Vol. 35 No. 1 (2020): Volume 35 No 1 January 2020 Vol. 34 No. 3 (2019): Volume 34 No 3 September 2019 Vol. 34 No. 2 (2019): Volume 34 No 2 May 2019 Vol. 34 No. 1 (2019): Volume 34 No 1 January 2019 Vol. 19 No. 2 (2004): Volume 19 No 2 March-April 2004 Vol. 18 No. 3 (2003): Volume 18 No 3 May 2003 Vol. 16 No. 4 (2001): Volume 16 No 4 Juli-August 2001 Vol. 15 No. 4 (2000): Volume 15 No 4 Juli-Agustus 2000 Vol. 14 No. 2 (1999): Volume 14 No 2 Maret-April 1999 Vol. 33 No. 3 (2018): Volume 33 No 3 September 2018 Vol. 33 No. 2 (2018): Volume 33 No 2 May 2018 Vol. 33 No. 1 (2018): Volume 33 No 1 January 2018 Vol. 7 No. 5-6 (1997): Volume 7 no 5-6, September - Desember 1997 Vol. 6 No. 4-5 (1991): Volume 6 No 4-5 July, Agustus, September Oktober 1991 Vol. 32 No. 3 (2017): Volume 32 No 3 September 2017 Vol. 32 No. 2 (2017): Volume 32 No 2 May 2017 Vol. 32 No. 1 (2017): Volume 32 No 1 January 2017 Vol. 31 No. 3 (2016): Volume 31 No 3 September 2016 Vol. 11 No. 1 (1996): Volume 11 no 1 Januari 1996 Vol. 8 No. 1 (1994): Volume 8 no 1 Januari 1994 Vol. 7 No. 4 (1992): No 4 Tahun VII, Juli-Agustus 1992 Vol. 31 No. 2 (2016): Volume 31 No 2 May 2016 Vol. 31 No. 1 (2016): Volume 31 No 1 Januari 2016 Vol. 30 No. 3 (2015): Volume 30 No 3 September 2015 Vol. 30 No. 2 (2015): Volume 30 No 2 Mei 2015 Vol. 30 No. 1 (2015): Volume 30 No 1 Januari 2015 Vol. 29 No. 2 (2014): Volume 29 No 2 Mei 2014 Vol. 28 No. 2 (2013): Volume 28 No 2 Mei 2013 Vol. 29 No. 3 (2014): Volume 29 No 3 September 2014 Vol. 29 No. 1 (2014): Volume 29 No 1 Januari 2014 Vol. 28 No. 3 (2013): Volume 28 No 3 September 2013 Vol. 28 No. 1 (2013): Volume 28 No 1 Januari 2013 Vol. 27 No. 3 (2012): Volume 27 No 3 September 2012 Vol. 27 No. 2 (2012): Volume 27 No 2 Mei 2012 Vol. 27 No. 1 (2012): Volume 27 No. 1 Januari 2012 Vol. 26 No. 3 (2011): Volume 26 Nomor 3 September 2011 Vol. 26 No. 2 (2011): Volume 26 Nomor 2 Mei 2011 Vol. 26 No. 1 (2011): Volume 26 Nomor 1 Januari 2011 Vol. 25 No. 3 (2010): Volume 25 Nomor 3 September 2010 Vol. 25 No. 2 (2010): Volume 25 Nomor 2 Mei 2010 Vol. 25 No. 1 (2010): Volume 25 Nomor 1 Januari 2010 Vol. 16 No. 6 (2001): Volume 16 No. 6, November - Desember 2001 More Issue