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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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Voluntary System: The Legal Problems of Zakat Management For The Fulfillment of Socio-Economic Justice Zainuddin, Zainuddin; Aan Aswari; Salle
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.v38i3.43885

Abstract

Zakat is primarily an economic instrument used to achieve socio-economic justice. This goal can be accomplished if management is done properly and correctly. The purpose of this article is to analyze the legal policy of zakat management with the model of the voluntary system and its implications for the realization of social and economic justice in the community. This research is normative legal research with primary legal sources in the form of laws and regulations related to zakat management legal policies, which are then analyzed descriptively and qualitatively. According to the findings of the study, the legal policy of zakat management with a voluntary system model is based on the principle of community volunteerism in zakat payment. This voluntary system model is heavily reliant on public legal awareness regarding zakat payment. The use of the voluntary system model has consequences for the community's non-optimal fulfillment of social and economic justice, which is caused by a lack of state involvement through legal policies. The state's role is required to enforce the zakat law by compelling zakat obligors to fulfill their obligations. On the other hand, the potential for zakat remains enormous, and it must be managed optimally.
Indonesia Merger Control Re-Evaluation : Twenty Years' Experience In Legal Limbo Setyawati, Ria; Iman Prihandono; Kagramanto, Lucianus Budi; Stefan Koos
Yuridika Vol. 39 No. 2 (2024): Volume 39 No 2 May 2024
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v39i2.44330

Abstract

This paper not only discusses the issue of the approach used, the issue of ex-post and ex-ante merger control regulation usage, issues of conflict of norms, overlapping legal rules, and the existence of legal vacuum which complicates the enforcement of rules regarding merger control in Indonesia. The legal issues examined in this paper concern the characteristics of merger control based on the ratio decidendi of KPPU decisions during the 20 years of enforcing business competition law in Indonesia and the ius constituendum of the ex-ante and ex-post approach. This research is based on normative legal research using a statute approach, conceptual approach, case approach, and comparative approach method. These methods lead to the conclusion of the research, which is, that in the past 20 years, Indonesia has experienced a change in the ex-post merger control approach, resulting in partiality in the articles applied that are not entirely used in KPPU decisions. Furthermore, the idealized rules (ius constituendum) on the control of mergers in Indonesia, outlined in Law No. 5 of 1999, will be examined based on the principles and objectives of competition law enforcement in the country.
Let's Play Content as a Fiduciary Collateral under Indonesian Law: Potential Challenges Muhammad Anas Fadli; Muhammad Pravest Hamidi; Farhan Azzahra Edwin; Rayyan Gustio Kevin Aritonang
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.v38i3.44756

Abstract

This paper examines the potential implementation challenges of GR 24/2022, specifically related to Let's Play content as a fiduciary collateral. With the rising popularity amongst the younger generation, Let's Play Content has two issues, namely (i) copyright infringement and (ii) inadequate legal instruments. Utilizing a  normative juridical analysis, we found that Let's Play content creators may potentially violate copyright laws if they fail to obtain permission or comply with fair use or fair dealing provisions. Furthermore, the current legal instruments available in Indonesia are found to be insufficient, which creates difficulties for stakeholders to mitigate legal risks. To ensure legal certainty and accurate valuations, the government should add supplementing provisions in the implementing regulations, coordinate with relevant parties and conduct education and training programs for appraisers. These steps are necessary in creating a fair business environment and supporting Indonesia's creative industry growth.
Observance of the Legal Choice for the Settlement of Indonesia's Past Gross Violations of Human Rights Subawa, I Made; Hermanto, Bagus; Mas Ratu, Ida Ayu; Mariko Hattori
Yuridika Vol. 39 No. 2 (2024): Volume 39 No 2 May 2024
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v39i2.44828

Abstract

Global developments attempt to rectify serious human rights breaches within the context of legal regulations, as well as to build human rights systems and institutions on a national and global scale. However, in Indonesia, the paradigm shift from authoritarianism to democracy leads human rights as one of most important issues faced by the Indonesia government. In the last two decades, the red record in resolving major human rights abuses has not been attained, necessitating a study to evaluate effective legal choices in settlement of the past human rights violations settlement. This paper employed a statutory method, legal concepts, legal cases, and citations. The comparison validates the direction of this paper's research on the dynamics of national legal concerns in the policy of resolving gross human rights abuses and the selection of law that may be employed in effectively resolving major human rights violations in favor of transitional justice. The obtained results and findings show that problems have emerged in policy orientation at the macro, mezzo, and micro policy strata, as well as the need for future direction in the substance of legislation and the enforcement system, both through judicial and extrajudicial channels, against serious human rights violations.
ASEAN States Cooperation in the Control and Prevention of Illicit Drugs Trafficking Sinar Aju Wulandari; Putri Kirana
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.v38i3.44872

Abstract

The high modus operandi and increasing technological sophistication have implicate the transnational movement of illicit drug trafficking. The phenomenon of increased narcotics crime cases poses a threat to countries, including those in the ASEAN region. This type of crime poses a threat to the production and trade of illegal drugs. ASEAN, as a regional organization in Southeast Asia, is still facing several challenges, particularly the commitment of its member countries to combating illicit drug trafficking. Aside from funding issues, geographical location, cultural challenges, and social customs are all factors influencing the speed with which narcotics are handled. Several programs were initiated by each country in the ASEAN region with the primary goal of collaborating to reduce narcotics distribution and abuse. This article aims to analyze the sustainability of the ASEAN 2015 Drug-Free Program and the role of UNODC in the ASEAN region. The normative legal research method was used in this article, with primary and secondary legal sources. The article concludes that the program for dealing with narcotics crime begins with the ASEAN drug-free declaration, which harmonizes member countries' perspectives through their representatives to eliminate the cultivation, consumption, and trade of narcotics across national borders. As an international organization, UNODC (United Nations Office on Crime and Drugs) exists to facilitate cooperation and coordination through programs initiated with special narcotics agencies from each member country. Coordination between the two organizations is critical for the successful implementation of the program that has been initiated.
Estimating The Exploration And Production (E&P) Industry's Rig Contract Business Owner Radjagoekgoek, Robert Pangihutan; Awwal Muhammad Shafiu
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.v39i1.44966

Abstract

According to Article 33 of the 1945 Structure, oil and gas have the potential to greatly influence state and revenue generation sources, thereby realizing societal welfare and economic prosperity. For this reason, oil and gas have a crucial and strategic position among natural resources. As a result, a specialized work group for exploration and production (E&P) was established through the enactment of Oil and Gas Law Number 22, 2001. This organization is in charge of supervising all exploration and production-related operations. In accordance with Presidential Regulation No. 12, 2021, Procedural Instruction 007, 2017, exploration and production builders carry out the rig procurement procedure to rig providers builders with their proposal Owner Estimate's worth. There are conflicting interpretations and discrepancies in the Owner Estimate instruction problem for upstream exploration and production (E&P). Concerns pertaining to areas of law positivism that Owner Estimate provides may or may not be secret in the process. It allows for collusion during the purchasing procedure. Normative juridical analysis is used in the research to make Owner Estimates of Value and to cover regulation. Therefore, in order to achieve conformity with the agreement principle and legal certainty, it is required to alter the President's Regulation and the Summary of Procedural Instruction. In order for the specialized work group for exploration and production (E&P), the E&P builders, and the rig providers to execute upstream business flawlessly and optimally to support communal welfare, the regulation's evaluation will support legal clarity, ability, and persuasiveness.
Ensuring Human Rights in the Era of Artificial Intelligence: Ukraine and Practice of ECHR Volodymyr Gorbalinskiy; Ivan Draliuk; Vitalii Bondarchuk; Serhii Myroslavskyi; Volodymir Manhora
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.v38i3.45134

Abstract

Artificial intelligence gets into all spheres of life which are familiar to us. Automation and optimization of various processes make our daily tasks much easier. The topicality of the research is due to the rapid development and improvement of artificial intelligence, and therefore it is important to familiarize yourself with all aspects of its application. In the course of the study, laws of Ukraine, the practice of the ECHR, as well as international legal documents was analysed. This research is aimed at determining all aspects of the use of artificial intelligence in various spheres of society, its impact on the ways to protect human rights within the framework of these legal relations. The study pays particular attention to the risks which exist in connection with handling of personal information from artificial intelligence, the extent of the impact on our privacy rights, our freedoms and our opportunities. The research is based on issues of the application of artificial intelligence, for example, on solving problems with discrimination, inequality and various social issues. Furthermore, the proposals for the development of legal aspects of the protection of human rights in the context of artificial intelligence at the Ukrainian and international levels are formulated. This research is very important for understanding and developing effective measures to protect our rights and freedoms in this new technological world.
Enhancing Human Rights Protections in Ukrainian Law Enforcement: National Compliance with EU Standards Blahuta , Roman I.; Barabash, Olha O.; Zakharov , Vasyl P.; Kovalska, Mariia Yu.; Dobkina , Kateryna R.
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.v39i1.45461

Abstract

Ensuring human rights and freedoms is the primary task of national development in Ukraine and the main social values and freedoms that determine the need to ensure the transparent, efficient, and population-oriented functioning of all state institutions that ensure the protection of people's and citizens' rights. The purpose of this research is to identify the state of human rights protection and enforcement in law enforcement activities in EU countries and Ukraine and to outline trends for further improvement in human rights law enforcement activities. The methodological basis of the investigation is the dialectics of worldview and general and specific scientific methods for understanding national phenomena and legal realities. The research finds the promotion and protection of human rights and freedoms are foundational to effective law enforcement activities, requiring alignment with constitutional, legal, and international standards. The modernization of policing principles involves expanding the role of national institutions, fostering accountability, diversity and partnerships, while humanizing police activities to establish trust-based relations with citizens. The research further emphasizes the critical role of implementing these insights into the actual activities of Ukrainian law enforcement agencies for a more meaningful and impactful transformation in ensuring human rights and freedoms. The study is of great scientific and theoretical importance, since scientific achievements in this field define the general direction of its understanding of the state, making it possible to understand and identify new trends in the development of ensuring compliance with human rights and freedoms in the world.
Should I Drop Out of School? A Study of the Right to Education For Pregnant Students Ratih Lestarini
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.v38i3.45734

Abstract

Every Indonesian child has the right to a proper education, including pregnant students. In reality, solving the problem of pregnant students often ends with the dismissal of the children from school either directly or by resignation. Instead of providing protection, the school sanctions children who are considered to damage the image of the school as a moral educational institution, actually the school has neglected their basic rights, namely proper education guaranteed by the state through the constitution and laws related to education. Therefore, the purpose of this paper is to explain the above problems studied from the perspective of child protection on the basis of the principle of the best interests of the child. The method used in this research is the socio-legal method, which analyzes the implementation of education policy. The results of this study indicate that there are no guidelines for resolving cases of students who become pregnant during their study period. The settlement is left to the school, which usually ends with a decision from the school to expel the student on the basis of educational morals and school image. This is contrary to the guarantee of the right to education for every Indonesian citizen child as mandated in education law, especially regarding the 12-year compulsory education policy.
The Role of Neuroprediction and Artificial Intelligence in the Future of Criminal Procedure Support Science: A New Era in Neuroscience and Criminal Justice Zico Junius Fernando; Rosmanila; Laily Ratna; Achmad Cholidin; Bhanu Prakash Nunna
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.v38i3.46104

Abstract

Recent developments in the field of neuroimaging in the world of neuroscience, when combined with artificial intelligence and, more specifically, with the use of mechanical engineering, have resulted in the creation of brain reading technology that may soon be widely used in scientific fields in the world including detecting, for example, criminal lies. When used in forensic psychiatry, this approach can increase the precision of risk assessment and help determine areas where intervention can be most effective. Neuro prediction with artificial intelligence can be called AI. This neuroprotection is a method of predicting criminal behaviour by finding biomarkers of brain function that can indicate that someone is committing crimes in the future. Normative legal research or library legal research (library research), with a statute, conceptual, comparative, historical, or futuristic approach. The nature of the research used in this research is descriptive-prescriptive and uses content analysis. The result of this research is to dissect the development of AI Neuroprediction in forensic psychiatry and criminal justice with attention to this technology's legal and ethical implications and potential applications. In the future, AI neuroprediction may play an important role in integrating forensic psychology into the criminal justice system. Through in-depth analysis of neurological data, AI neuroprediction could assist in identifying behavioral patterns or tendencies that might influence a person's criminal propensity, thus enriching traditional forensic psychological evaluations. It may also contribute to creating more precise and personalized intervention strategies to prevent repeat crimes.

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