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Faizal Kurniawan
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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
 37   38   39   40   41 
Characteristics of Sharia Crowdfunding as an Alternative to Financing the Development of the National Capital City Dyah Ochtorina Susanti; Aan Efendi; Ahmad Suhaimi
Yuridika Vol. 39 No. 3 (2024): Volume 39 No 3 September 2024
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v39i3.46741

Abstract

This research started from the construction of the new National Capital City of the Nusantara which has not yet been completed and requires a very large budget. In this regard, a financing model is needed that can be used as an alternative financing for the development of the new National Capital City. The aim of this research is to find the characteristics of sharia crowdfunding as an alternative financing in the process of building the new National Capital City. The research method used is a normative juridical research method with a statutory and a conceptual approach. The results of this research show that there are several characteristics of sharia crowdfunding as an alternative financing for the development of the New National Capital, namely: it is only intended for halal projects and products so that it complies with sharia principles and is free from interest rates; there is fairness in the distribution of profit and loss margins using a profit-sharing system; and supervised by the Sharia Supervisory Board.
Wallimahtul Ursy as the Embryo of the Birth of Marriage Registration According to Islamic Law Latupono, Barzah
Yuridika Vol. 39 No. 3 (2024): Volume 39 No 3 September 2024
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v39i3.47161

Abstract

This research aims to provide an illustration that by carrying out a marriage according to Islamic religious law without going through a marriage notification at the KUA, known as nikah sirri, then making a walimah to announce the marriage shows that there are no obstacles to the marriage being carried out.This research uses normative juridical research methods using primary, secondary and tertiary legal materials as well as statutory regulations and legal concepts.The results of the research show that if the sirri marriage is carried out by the guardian as a form of announcement to the public, then the marriage is considered valid because the conditions have been fulfilled and are in harmony and can be published which can be interpreted as a form of recording. because previously there was no institution for marriage registration. Walimah shows that a valid marriage has been carried out according to Islamic law, so that there are no longer any obstacles to the marriage. The function of recording according to state law is for everyone to know and serve as evidence for the parties. Making a walimah means wanting to announce the marriage and provide evidence to the public and government that a valid marriage has been carried out so that it can be reported administratively for recording.
Online Marketplace's Role and Legal Responsibilities on 'Official Store' Restrictions To Implement Fair Competition Principle Andyna Susiawati Achmad; Astrid Athina Indradewi
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.v38i3.47737

Abstract

In order to implement the idea of fair business competition, this article will analyze the function and legal obligations of online marketplaces in limiting commercial actors as 'official stores'. Normative juridical law research with statutory and conceptual techniques was used to create this study. According to the results, the distribution of commodities from producers to consumers has been altered by digital disruption. Currently, a number of online marketplace platforms offer 'official store' services to a small group of business players so they can expand their enterprises exclusively. Applying 'official stores' terms and conditions to business actors is prohibited by both Law No. 5 of 1999, which prohibits unfair business competition, and Government Regulation 29 of 2021, which relates to the implementation of the trade sector. Distributors and agents of associated producers will face unfair economic rivalry as a result of producers entering the online market as 'official stores'. Producers are prohibited from selling their products in retail settings, whether offline or online, in accordance with the relevant legislation. The findings of this study should benefit the parties involved in the online marketplace by fostering fair commercial competitiveness.
Legality of Marine Cargo Insurance Claim With Different Sailing Date on Policy (Analysis of Decisions Number 589/PDT.G/2012/PN.JKT.SEL) Krisna Angela; Dian Purnama Anugerah
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.v38i3.47966

Abstract

Sailing dates in marine cargo insurance often change for various reasons. It is unavoidable that from the time the ship sail on a date that is not under the policy, uncertain events occur, which cause losses. On the other hand, insurance recognizes the principle of utmost good faith, which obliges the insured to disclose material facts about the insured object correctly, completely, and honestly as regulated in Article 251 WvK. It creates a blurring of norms because that rule make the parties debating whether the ship's sailing date is a material fact or not. This research uses normative legal research methods with a statute approach, conceptual approach, and case approach. This research purposed to analyze changes in sailing date as material facts and the consequences of not disclosing these changes by the insured to the insurer and the insurer to the reinsurer by analyzing Decision Number 589/Pdt.G/2012/PN.Jkt.Sel. The results of this study indicate that the change in sailing date is a material fact that must be disclosed by the insured to the insurer. When the insured does not disclose material facts, it can make a contract voidable and the insurer can be free from the obligation to pay claims. In addition, the Judge's decision in Decision Number 589/Pdt.G/2012/PN.Jkt.Sel was wrong because the Judge did not analyze the meaning and concept of material facts in marine cargo insurance as regulated in Article 251 WvK and did not consider the provisions in the policy referring to the Marine Insurance Act 1906.
Legal Protection for Child Victims of Bullying from the Perspective of Child Protection Law Mayasari, Dian Ety; Atjengbharata, Andreas L.; Seguito Monteiro
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.v39i1.48032

Abstract

Legal protection for children has not been effective and there are still children who are victims of bullying. Bullying is an action that hurts the victim both physically and psychologically. The occurrence of bullying is a form of violation of children's rights which is regulated in the Child Protection Law, so perpetrators must be dealt with firmly by imposing criminal sanctions which are also regulated in the Child Protection Law. The purpose of this writing is to find out legal protection for children who are victims of bullying, especially repressive legal protection. It uses a normative juridical method that prioritizes primary legal material of the Child Protection Law. The final result   is that the regulation of criminal sanctions in the Child Protection Law is cumulative and there are regulations for minimum and maximum criminal threats, so that judges in giving decisions on criminal sanctions can be minimal. This lack of firmness in setting sanctions does not provide a deterrent effect for perpetrators and other people who continue to carry out bullying actions against children.
Redesigning the Concept of Law Enforcement in Administrative Violations of General Elections in Indonesia Jamil, Jamil; Fadli, Moh.; Hadiyantina, Shinta; Prasetyo, Ngesti Dwi
Yuridika Vol. 39 No. 3 (2024): Volume 39 No 3 September 2024
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v39i3.48338

Abstract

Trial mechanism as the only procedure in resolving election administrative violations is a mechanism that is not in accordance with the concept of law enforcement in administrative law that uses not only the trial mechanism but also direct sanctions. Therefore, the concept of law enforcement in these violations needs to be redesigned, to be in line with the administrative law and be more effective and easier to implement. This study examined the concept of law enforcement in administrative law as a conceptual and theoretical basis in redesigning the concept of law enforcement in election administrative violations. It used legal research methods with statutory, conceptual, and comparative approaches. The results of this study recommend a new concept in resolving election administrative violations by looking at the legal subjects who commit violations and the characteristics of the violations. For the violations committed by non-officials, the law enforcement is sufficient to use direct sanctions. Meanwhile,  for the violations committed by officials, if they cause direct losses, it must use a trial mechanism. But, if the violation is only limited to non-compliance with the legislation and does not cause harm to anyone, direct sanctions can be executed. Hence, it is necessary to change the mechanism for resolving election administrative violations as stipulated in the Election Law.
Achieving Public Information Transparency in The Dissemination of Local Regulations Rofi Wahanisa; Benny Riyanto; Septhian Eka Adiyatma; Uche Nnawulezi; Muhammad Abdul Rouf
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.v38i3.48345

Abstract

Comparing the disclosure of public information regarding the dissemination and publication to the public of newly enacted rules, setting Indonesia and the Netherlands as parameters is interesting as the legal cultures of both countries are intertwined and legal perspectives are constantly evolving. Despite differences in the rule of law, both countries have similar regulatory frameworks. This research uses a normative juridical writing method with a literature study to analyze the relationship between good governance and public information disclosure, including definitions, indicators, objectives, and important factors that influence the concept. The aim is to serve as a comparison parameter for a more efficient information disclosure mechanism. In Indonesia, the role of DPRDs is closely related to the issue of public information disclosure, as DPRDs have a dominant role in authority. Meanwhile, in the Netherlands, the local government takes the lead in setting regulations. Nonetheless, both countries emphasize the importance of checks and balances through the establishment of RvD and KIP, to oversee and integrate the aspirations of the community. The results of this study suggest that public information disclosure is important in both Indonesia and the Netherlands, as demonstrated by regulations that prioritize transparency, accountability, public participation, responsiveness, and the rule of law in governance. This commitment to openness aims to bridge the gap between public expectations and government actions. And in conclusion, the harmony between the process of forming regulations involving the DPRD as a representative of the people's voice and information disclosure is interrelated in public services towards the achievement of good governance.
Legal Protection of Bambu Gila Dance as a Traditional Cultural Expression Berlianty, Teng; Hetharie, Yosia; Putri Anggia
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.v39i1.48389

Abstract

This study aims to examine the bambu gila dance as a potential intellectual property for traditional cultural expressions in Maluku which should receive legal protection as part of efforts to defend cultural heritage from claims of ownership by other parties or other countries. Bambu Gila Dance is one of the famous traditional arts from Maluku. The traditional cultural expression in the form of the Bambu Gila dance is expressly protected by the Indonesian intellectual property rights system. However, protection for Bambu Gila Dance as a traditional cultural expression cannot be realized so that it can only be used by other parties illegally. This research is a normative juridical research supported by primary legal materials and secondary legal materials with a conceptual approach and statutory approach. Legal protection for the traditional Bambu Gila dance from Maluku Province has not been effectively implemented, both based on Article 38 of Law Number 28 of 2014 Concerning Copyright, as well as in terms of the actions of government officials who have not been able to inventory traditional dance performance artworks as an expression traditional culture in Maluku including the Bambu Gila Dance. The role of the Provincial and Regency Governments in Maluku is crucial in realizing legal protection for traditional dances, including the Bambu Gila Dance, as intangible cultural heritage through the establishment of regional regulations. These regulations serve as legal basic to provide legal certainty as part of efforts for preventive legal protection for the Bambu Gila Dance.
The WTO Dispute Settlement System and How It Incentivizes Imparity Between Indonesia's Executive and Parliament Sjahputra, Muhammad Raihan; Jesse Christian Holwerda
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.v39i1.48419

Abstract

The Indonesian zeitgeist to provide more checks toward the power of its executive organ to formulate and enter into international treaties and agreements during the infancy phase of the Reformasi era, which was spurred on by the international debt ballooning that they suffered under the leadership of President Soeharto, was somewhat undermined by the passing of the Law No. 24 of 2000, which effectively limits the  involvement of the House in the formulation process of international treaties to which Indonesia would be a party to. This apparently voluntary weakening of the legislative's oversight function is caused by the understanding that the realities of contemporary international intercourse has resulted in the increasing need for the formulation and entrance into international treaties and agreements as expeditiously as possible. The WTO, as the manifestation of globalization and its byproduct, neoliberalism, plays a role in creating such a necessity, which in turn incentivizes the imparity between the legislative and executive branches of the Indonesian government. The focus of this article is its dispute settlement system, and how its strengths and its weaknesses, has created the incentive for negotiations and expeditious decision making outside of the system itself, which requires a considerable degree of latitude to be afforded to the party involved in such negotiations, the executive. The discussion in this paper delves upon works dealing with the theoretical implications of several aspects of the WTO dispute settlement system and a case study of the US-Clove Cigarettes Case, which perfectly demonstrates said implications toward  Indonesia.
The Human Rights Violation in India's Hijab Ban and the Need for Community Advocacy Gunawan, Yordan; Mulloh, Ahmad Fahmi Ilham; Syamsu, Andi Pramudya; Manuel Beltrán Genovés
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.v39i2.49422

Abstract

The Karnataka state government banned the hijab in schools on February 5, 2022, and several women petitioned the Karnataka High Court to overturn it. A panel of three judges concluded on March 15, 2022, that the hijab is not an important Islamic practice. By punishing females for their wardrobe choices, the court stressed conformity above girls' access to education. The hijab prohibition is part of a pattern of discrimination against Muslim women that violates their human rights. With the rise of authoritarianism, a new form of feminism is emerging in which Muslim girls in India are challenging the authorities and resisting asserting their identity and preferences. Previous research has described human rights violations experienced by Indian female students regarding court decisions. Therefore, the purpose of the research is to investigate the human rights violations that have been disclosed as a result of India's hijab ban which employs normative juridical research methodologies. The method refers to a legal research approach that involves the examination of written law from multiple perspectives. The High Court's verdict worsens Muslim girls and women's education-related harassment, trauma, and prejudice. Muslim students removing their hijabs and burqas before entering schools is a difficult topic that requires neutrality. The verdict would affect the Indian Constitution and the Muslim population, especially hijab-wearing women. United Nations (UN) Women has backed all initiatives of India's Ministry of Women and Child Development that seek to advocate for those affected by the hijab ban to promote gender equality and prevent discrimination against women.

Page 39 of 43 | Total Record : 422

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