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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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The Income Tax of Breadwinner Wives in Indonesia: Law and Economics Approach Johan, Arvie
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.v39i2.49979

Abstract

The inequality of employment opportunities between women and men in Indonesia is quite worrying: the low employment of women, the low income of women, the minimum number of women who reach the top of their careers, and the majority of women are positioned as housekeepers. Inequality attracts the issue of income tax of breadwinner wives. The income tax regulations already accommodate equality between men and women, but various groups including the Indonesia Minister of Finance consider this regulation to be insufficient. This article analyzes imposition of income tax on women in relation to the discrepancies of breadwinner roles between women and men. This article applies a law and economics approach, focusing on the importance of efficiency in order to maintain gender-neutral equality. The result, is that the approach in the context of income tax is applicable in Indonesia by introducing the concept of imputed income based on provincial minimum wage, and by applying lower tax income rate for breadwinner wives. The introduction of imputed income based on provincial minimum wage requires regulatory support from the national social security system in order to include non-wage workers. This article concludes that the key to solving inequality problem in income tax regulation is the parity in price or value between husbands and wives, either in the role of homemaker or breadwinner. As suggestion, imputed income must be complemented with the imposition of lower rates on the income of working wives, as the roles of husbands as breadwinner and wives as breadwinner are in close substitution. Consequently, the bargaining power of wives for the role of breadwinners is stronger.
The Legal and Moral Principles as Guidelines for Carrying Out Official Duties Saputro, Aries; Radian Salman
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.v39i2.50496

Abstract

Law and morals are related as an ideal value in the formation of law, because morals are considered universal values "‹"‹that should ideally characterize every legal formation, with the hope that morality in the law can produce good behavior for legal subjects and objects. These morals and laws are in our administrative law, in this case the executive. The problem that is difficult to solve is the problem of corruption, where the act is legally and morally not good or wrong. Anti-corruption regulations are in place and the establishment of the Corruption Eradication Commission reveals that the problem of corruption in our country is not resolved and is even more systematic. Ideally, with the advancement of civilization and the strengthening of moral values "‹"‹as the basis for rules, corruption will decrease to its lowest point from year to year as a government develops. Then, if this law represents a moral value, then the court decision, which is the law, can also contain moral values. As an example also regarding court decisions by state administration officials that are not implemented voluntarily, this can be equated with blatant disobedience to the law making state administration officials arrogant.   Normative juridical analysis used in research includes legal and regulatory theory. Therefore, in order to achieve conformity regarding the morals and behavior of state officials in carrying out their duties, there is a close connection between the bad morals of state officials and behavior that violates the law. The good morals of state officials will make the behavior of state officials high and far from breaking the law.
The Right of The Human to Achieve Justice in the Saudi Judiciary Abdullah Abdulrahman Al-Subhi
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.v38i3.51218

Abstract

Amid the crises and security, economic, and social challenges facing humanity today, the judiciary is considered a safety valve in the area of crime prevention, achieving security and stability, reassurance, and prosperity. A human's right to achieve and establish justice can only be realized through the existence of judicial institutions, as justice and judiciary are intertwined - there can be no justice without judiciary, and no judiciary without justice. If justice is lost, the judiciary loses its importance, power, and people will no longer trust it or view it to obtain their rights. Therefore, this paper comes in this conference to shed light on the most prominent pillars for achieving justice in the Saudi judiciary as a human right, and the adequacy of these pillars. My study will rely on the descriptive research method for its suitability in analyzing the provisions and regulations governing the Saudi judiciary, and to derive theoretical and practical conclusions in this context.
Criminalizing Civil Law Actions of Default into Criminal Acts of Fraud: A Human Rights Perspective Yonatan; Wijayanta, Tata; Sugiri, Bambang; Sukarmi; Sulistio, Faizin
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.v39i3.51329

Abstract

The terms "Default" and "Fraud" and/or “Embezzlement” are often interchanged without clarity of meaning in many discussion forums, both oral and written. This confusion can be seen from the many court decisions that acquit defendants from prosecution which have permanent legal force. The public often hears that law enforcers carry out criminalization, such as witnesses becoming suspects, suspects becoming defendants and so on by shifting the civil legal action of Default to criminal act of Fraud and/or Embezzlement. Using 'criminalization' and 'criminalized' in this article is considered inappropriate, so it has been replaced by 'criminalizing' and 'criminalized'. If there is an action to shift the civil legal act of Default into a criminal act of Fraud and/ or Embezzlement, so from a human rights perspective, it is against the law. By using normative legal research methods, this paper examines how to differentiate civil legal acts of Default from criminal acts of Fraud and/or Embezzlement, how to apply civil compensation in cases where there are already criminal legal remedies, and what is the legal and human rights perspective when criminalization occurs. This paper uses a statutory approach and a case approach. The results show: First, there is a real difference between civil legal acts of Default and criminal acts of Fraud and/ or Embezzlement; Second, the application of compensation can be carried out through criminal and civil procedural law mechanisms; Finally, criminalizing civil legal acts into criminal acts is a form of violation of human rights.
Digitalization of the Public Procurement System in Indonesia: Challenges and Problems Rizky Amalia; Muhammad Amirul Alfan; Maghfirah Aliefia; Mohd Sharil Nizam bin Md Radzi; Faizal Kurniawan
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.v38i3.51874

Abstract

The Indonesian government carries out goods/services procurement activities in the framework of the welfare of its people. From time to time the procurement of goods/services has developed and, in the current digital era, it has begun to switch to electronic-based procurement. To answer the challenges of these developments, as well as to prevent fraud or violations of the law, a solid system is needed that can accommodate all of this. The blockchain concept can be an alternative to answer this issue because the blockchain system has advantages in terms of security and transparency. The research method used in this article is legal research with a statute and conceptual approach. The purpose of this article is to become a reference regarding the probability of using the blockchain system in the law of procurement of goods and services in Indonesia. The findings of this study are that no country has yet implemented a blockchain system for the procurement of goods/services. Blockchain technology has been implemented by the private sector, namely by Walmart, Nestle, and Unilever who use blockchain technology as the basis of their supply chain management which, with this system, can increase effectiveness and efficiency as well as afford a good level of security. Thus the blockchain system for procuring goods/services in Indonesia can be a method that can be applied to increase efficiency and aspects of transparency to reduce misuse in the procurement of goods/services.
Lethal Autonomous Weapon Systems and Automation Bias Güneysu, Gökhan
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.v39i3.55188

Abstract

Autonomy in weapon systems is already a genuine concern. States try to come up with their own definitions of these systems and pay utmost effort to impose their own understanding of these systems upon other states. For a fairly high number of states barring a total ban on such weapons would be the ideal solution; however, such states that are anxious about the increase in autonomy in war-making capabilities, as adopts a second-best scenario to contain risks created by the deployment of such systems. To this end, placing them under meaningful human control emerges as an important political and legal objective. The author believes that placing autonomous weapons under human supervision, despite its initial promise, will yield negative results. This is due to the fact that humans tend rather to be too willing to follow the solutions generated by autonomous systems. First observed in other industries of civilian nature like aviation or health, automation bias has the potential to negate  most if not all of supervision measures expected to ensure proper implementation of international humanitarian law.
Legal Protection for Third Parties in Good Faith on Actio Pauliana Litigation in Bankruptcy Proceedings Wiguna, I Nyoman; Andaretna, Laila Maghfira; Budianto, Michael Christian; Vala, Tanaya Anindhita
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.v39i2.56057

Abstract

Actio Pauliana in bankruptcy, as stipulated under Law Number 37 of 2004, empowers the Curator to seek the annulment of transactions undertaken by the bankrupt debtor, causing harm to the bankrupt estate. Actio Pauliana requires proof that a third party, the debtor's transaction partner is proven to not have acted in good faith, as outlined in the law. However, the legislation lacks clarity on the criteria safeguarding third parties in good faith against Actio Pauliana claims. This research employs a doctrinal research method involving a statute, conceptual, case, and comparative approach. The novelty of this research expounds upon and elucidates the need for amendments to Law Number 37 of 2004, particularly concerning the criteria protecting third parties in good faith. These criteria could be differentiated based on the third parties' position in bankruptcy and the nature of the objects constituting the bankrupt estate, including tangible and intangible movable objects, unregistered objects, immovable objects, and/or registered objects. Furthermore, proposed improvements to the law include refining provisions related to creditors' right to file Actio Pauliana lawsuits, affirming a one-year period rather than a deadline, and addressing timelines within Actio Pauliana lawsuits. Actio Pauliana claims should only be submitted after the debtor's bankruptcy declaration, excluding the Suspension of Debt Payment Obligations (PKPU) process. In conclusion, the research proposes possible solutions, such as the issuance of a Regulation (Perma) or a Circular Letter (SEMA) by the Supreme Court, containing the essential improvements to Law Number 37 of 2004.
Rise and Fall of Democracy in Regional Government: From Assignment to Election Hakim, Muhammad Zulfan; Moenta, Andi Pangerang; Jamal, Fazil; Ilmar, Aminuddin; Ilyas, Anshori; Irwansyah, Irwansyah
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.v39i3.59821

Abstract

Indonesia has been trying to develop democracy since the early independence. Assignment of the head of the region conducted from 1945 to 1999. After the big reformation in 1999, which started in 2004, Indonesia started a new chapter with the direct election model for regional heads. This research tries to find the philosophy of Indonesia’s choice to select its regional leader according to the law provided. The research is normative research with a conceptual and comparative approach. The results show that the election of regional leaders in Indonesia has not always been in line with the sovereignty of the people and the concept of democracy. Political choice has had a very significant impact. However, as it turns out into practice, as an emerging country in South East Asia, even though an assignment and not by the general election, leaders or regional heads are also considered as democratic as long as it is still on the path of openness, fair game and also according to people’s approval, including if it comes from the regional representative’s choice of candidates.
Limited Liability in Corporate Group: A Critical Examination under Common Law and Shariah in Malaysia Ramli, Nazri; Abd Ghadas, Zuhairah Ariff; Abd Aziz, Hartinie
Yuridika Vol. 40 No. 1 (2025): Volume 40 No 1, January 2025
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v40i1.45362

Abstract

Limited liability is a default rule in company law that protects shareholders from shifted-business risk in a company to external parties. Its application in the corporate group setting is heavily criticized for causing harm to the subsidiary’s creditors particularly. While this rule is proposed to be refined due to its rigidly unreasonable privilege and lack of justice, it becomes more complicated where the Shariah-compliant businesses have adopted this rule as their corporate structure. Despite this, the Malaysian company law recognizes the distinct legal personalities of entities within corporate group regardless their businesses are typically operated as a single entity. Contrastingly, limited liability is not established in Islamic business entities like sharikah (partnership) because the latter entails a single entity premised on a sharing-business risk among the partners. The study undertakes doctrinal analysis to examine the application of limited liability in corporate group under the Malaysian company law and compare it with the Shariah principles of sharikah. The study relies on the library-based research in collecting and gathering the data to support this methodology. The paper proposes to show whether the conventional rule of limited liability could be directly applied to group of companies operating Shariah-compliant businesses which supposedly comply its corporate structure with sharikah. The paper concludes that such direct application is untenable due to different natures and business structures. Examining this comparison is substantial to explore the essential of forming a new business model for Shariah-compliant corporate groups structured based on sharikah principles.
Oil and Gas Management and Corporate Social Responsibility Model Based on Existing Laws Nurdin MH; Adwani; Sanusi; Azhari Yahya
Yuridika Vol. 40 No. 1 (2025): Volume 40 No 1, January 2025
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v40i1.45821

Abstract

In the past, the Central Government managed oil and natural gas in a centralized manner without involving the Government of Aceh. However, currently, Aceh has its authority in managing the upstream oil and gas sector. This authority is regulated in Government Regulation Number 23 of 2015 concerning the Joint Management of Oil and Gas in Aceh. Based on special autonomy, the Government of Aceh can regulate CSR based on local wisdom whose programs are compiled by the community around the company itself so that it can increase the economic growth of the community around the company in a sustainable manner. Using normative legal methods, this research examines the current practice of CSR at PT Medco E&P Malaka and proposes for its improvement.   The research approach used is statutory approach. The research results show that the existence of PT Medco E&P Malaka CSR is unable significantly contribute to Local Own Revenue and create sustainable economic growth for the people are living around the company. This is because the implementation of CSR so far is top-down and only partially based on programs created by the community based on the community's actual needs. A CSR Forum is needed as a new CSR model responsible for designing and implementing various CSR based on a real need assessment of the local community.

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