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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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Prevailing Cases of Lawyers' Liability in The Conduct of Cases a Case for Prefessional Indemnity Gasiokwu, Peter Ikechukwu; Ehirim, Ugochukwu Godspower
Yuridika Vol. 40 No. 3 (2025): Volume 40 No 3 September 2025
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v40i3.50333

Abstract

Every profession has peculiar risks and liabilities attaching it. The legal profession and indeed the advocate is not exempt from the prescribed duty of care in his relationship with his clients. This has become so imperative in the face of globalized legal practice in the 21st century that the advocate may bear personal costs in the course of his duty. This article attempts to re-visit the controversy over liability of legal practitioners, particularly litigation lawyers in Nigeria. The common law, as well as the statutory rationale for lawyers' liability is highlighted. A critical analysis of award of costs by the courts on individual lawyers in most recent times is made. Evaluating the trend, it is argued that while a lawyer might be validly liable in the tort of negligence to his client for ‘crass carelessness', imposing prohibitive costs on advocates for daring to push novel or unpopular positions in court, without more, would not help the development of the rule of law in Nigeria. These class of cost orders if enforced religiously against counsel would have the negative effect of keeping victim-lawyers out of practice. In the light of the foregoing, a case is made for mandatory professional indemnity for litigation lawyers to cater for unfortunate costs and to ensure that a lawyer does not compromise his professional ethos for fear of intimidating cost liabilities
Deposit Guarantee Institutions In Microfinance Institutions In Indonesia: A Hope? Usanti, Trisadini Prasastinah; Yuniarti, Yuniarti; Thalib, Prawitra
Yuridika Vol. 40 No. 3 (2025): Volume 40 No 3 September 2025
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v40i3.55514

Abstract

This research aims to analyze the depositors of funds’ legal protection in MFI through the existence of the Deposit Insurance Corporation. This legal research uses a statutory approach and a conceptual approach. The establishment of a Deposit Insurance Corporation in Microfinance Institutions has been mandated since 2013 in the Microfinace Institutions act which aims to guarantee the deposits of MFI members and communities, but until the promulgation of the Financial Sector Development and Strengthening Act has not been formed. Provisions on preventive protection for depositors of funds in MFI even though they have been regulated in the Microfinance Institutions Act, the Financial Sector Development and Strengthening Act as well as POJK 10/2021 and POJK 19/2021, however the existence of the Deposit Insurance Corporation at Microfinance Institutions is still needed as the existence of the Deposit Insurance Corporation that guarantees deposits at banks. The existence of a Deposit Insurance Corporation in Microfinance Institutions is very important in order to ensure the payment of deposits from members and the public if the Microfinance Institution is revoked its license by the Financial Services Authority and to maintain the trust of members and the public. Due to the lack of position the depositor of funds in Microfinance Institutions is only a concurrent creditor so that potentially deposits are not fully paid.
Legal Protection for Gig Workers: A New Business Imperative in the Transportation Sector Abdullah, Nurhidayah; Murad, Muhammad Syariqul Huzni; Kunhibava, Sherin; Mahdzir, Nazli; Abd Ghadas, Zuhairah Ariff
Yuridika Vol. 40 No. 3 (2025): Volume 40 No 3 September 2025
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v40i3.59161

Abstract

Studies on the gig economy and the legal status of its workers have proliferated in recent years. However, there is still much to be learned about how to regulate this relatively new job market. The government has made efforts to support e-hailing and p-hailing workers, particularly regarding social security. For example, they introduced a voluntary contribution plan under the Employees' Provident Fund for retirement savings and the Self-Employment Social Security Scheme, which offers some protections for work-related injuries. Despite these efforts, they appear to be insufficient and ineffective due to the absence of an appropriate regulatory body overseeing these workers' issues. This article argues for the imperative need for a governing legal framework to address e-hailing and p-hailing workers' rights and prevent Platform Providers from exploiting workers' livelihoods due to the absence of laws. The research employs both doctrinal and qualitative research methods, including interviews using a semi-structured approach. A total of 10 respondents were interviewed for this research. The findings suggest that a solid legal framework, including specific laws and regulatory bodies, is essential to govern the e-hailing and p-hailing ecosystem.
Tracing the Idea of the Social Function and Its Practice in Several Countries Ananda Prima Yurista; Nurhasan Ismail
Yuridika Vol. 40 No. 3 (2025): Volume 40 No 3 September 2025
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v40i3.60446

Abstract

The idea and regulation of the social function are contained in Law No. 5 of 1960 on Basic Regulations on Agrarian Principles (Basic Agrarian Law–BAL) in order to realize welfare for the people. The concept of the social function was developed by Leon Duguit. The concept of the social function is not an idea that has only developed in Indonesia; it has been applied in several countries, including Brazil, the United States, Colombia, Chile, and Mexico. Based on this, it is interesting to examine the development of the idea of social functions in several countries so that it can then be used as a lesson learned for the development of the idea of social functions by using legal research methods, in the form of normative juridical methods. One of the findings in this article is that the regulation of social functions over property in Brazil, Colombia Chile, and Mexico is regulated in the constitution, and then further regulated in the Civil Code, which is equivalent to a law. In contrast, when tracing the regulation of social functions in the United States, the term used is social obligation, and the regulation of social obligations is enshrined in jurisprudence. The method of approach used is normative juridical.
Legal Strategy for Exposing Covert Cartel Agreements Through Indirect Evidence and Leniency Programs Kagramanto, Lucianus Budi; Anggriawan, Teddy Prima
Yuridika Vol. 40 No. 3 (2025): Volume 40 No 3 September 2025
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v40i3.67024

Abstract

Indirect evidence is a form of indirect proof provided to seek material truth in the context of competition law enforcement. The leniency program is part of the final proofing process after law enforcers have utilized both direct and indirect evidence. The efficacy of the leniency program will eliminate cartel behaviors that greatly disrupt consumer welfare. This program is one of the roles of law in Indonesia, which is to maintain and regulate the economic activities among business actors so then these activities are orderly and balanced. The leniency program itself is a new substantive system included in the Draft Bill on the Prohibition of Monopolistic Practices and Unfair Business Competition in the amendment to Law No. 5/1999. The urgency of this amendment is also reflected in the 2025-2029 RPJMN, particularly in strengthening the economic transformation foundation through legal certainty and strengthening business competition, including competition institutions. The goal to be achieved is to eradicate cartel actors who violate the established rules in accordance with existing regulations. The program will have a positive impact on the sustainability and welfare of consumers in Indonesia regarding market production pricing. The research method used is normative legal research with a conceptual approach that is descriptive in nature. This research is highly likely to be implemented in Indonesia; both matters can be carried out by establishing a comprehensive Draft Law (RUU) on the Prohibition of Monopoly Practices and Unfair Business Competition.
Harmonization of Personal Data Protection Principles With Electronic Justice Systems In Indonesia Mardyansyah, Dody Novizar; Sukarmi; Adi Kusumaningrum; Yenny Eta Widyanti
Yuridika Vol. 40 No. 3 (2025): Volume 40 No 3 September 2025
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v40i3.74179

Abstract

Modern digital-based justice is the answer to the challenges of the development of the times. Although modern justice reflects an adaptive judicial body, it must still be equipped with established regulations. This study aims to examine the harmonization of personal data protection principles between the Supreme Court Regulation No. 7/2022 concerning electronic case administration and trials and Law No. 27/2022 concerning Personal Data Protection (PDP Law). In this case, the researcher uses a normative juridical method, with a statutory regulatory and comparative combined approach. This study highlights the norms gap in the Supreme Court Regulation No. 7/2022, particularly in the aspect of protecting the personal data of the parties input into the electronic justice administration system. The main findings exhibited are that the Supreme Court Regulation No. 7/2022 does not regulate the basic principles of data protection as mandated by the PDP Law, which has the potential to cause legal uncertainty and privacy right violations. The fact that the principle of personal data protection in the Supreme Court regulation has not been absorbed is due to the PDP Law, which only came into effect in 2024, even though both were enacted in the same year in 2022. This is seen as weakening the legitimacy of electronic justice in Indonesia. This study is expected to provide a positive contribution in the form of regulatory reform through the revision of the Supreme Court regulations, the establishment of data protection units in the judicial environment, and strengthening institutional coordination. The results of the comparative analysis of common law systems such as England show the importance of integrating data protection principles into the legal infrastructure and institutions of electronic justice to be aware of the protection of privacy rights that intersect with the guarantee of the human rights of justice seekers.
Developing A Dual-Tier Model For LLP Governance In Malaysia Abdul Rahman, Hamizah; Ravindran Nadarajan; Zuhairah Ariff Abd Ghadas; Mohd Shahril Nizam Mohd Radzi; Rabiatul Adawiyah Mohd Ariffin
Yuridika Vol. 41 No. 1 (2026): Volume 41 No 1, January 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v41i1.45760

Abstract

A limited liability partnership (LLP) is a new type of business entity in Malaysia, established by the Companies Commission of Malaysia through the Limited Liability Partnership Act (LLPA) in 2012. This study adopted a doctrinal approach through an examination of related legislation and examines the proposed dual-tier model concept of corporate governance in Malaysia, focusing on the legal provisions of LLP. The paper evaluates a dual-tier model and presents arguments for its suitability for LLP corporate governance. It also reviews the responsibilities of the corporate governance committee in developing clear policies and procedures for regulating new LLP structures. The study’s relevance lies in its potential to offer a conceptual framework that defines and evaluates the governance structure within the LLP landscape. It also aims to highlight the benefits and challenges associated with implementing such a governance model, contributing to a more comprehensive understanding of optimal governance practices for LLP. The study’s outcome enriches the understanding of LLP and provides valuable insights for policymakers, practitioners, and regulatory bodies, enhancing governance practices and facilitating informed decision-making within LLP.
Upholding the Right of Political Participation in Civil Society: an Overview of the Application of International Law and Standards Qurrota A'yun; Syariful Alam
Yuridika Vol. 41 No. 1 (2026): Volume 41 No 1, January 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v41i1.46004

Abstract

Discrimination against civil society rights is still prevalent almost all over the world, including the right to participate in politics. A discussion on its enforcement is needed, reviewed based on the application of existing international laws and standards. The expected benefit of making this paper is to stabilize and provide efforts against the challenges of enforcing the right of political participation by civil society subjects through international standards. The method used to analyze the writing is a literature review of journals, books and reliable sources. The purpose of this paper is to reduce the discrimination related to political activities or the processes of certain groups by dissecting the factors of discrimination regarding the political participation of civil society and clarifying the challenges or evaluations present for international organizations, who have an important role in the enforcement of rights, especially universal human rights. This paper indicates that every society has the same right to participate in politics, so there should be no difference in treatment for certain groups of people. It also explains that there are still many violations of rights and discrimination in the political sphere.
Common Heritage of Mankind Principle Under UNCLOS 1982: Attempt to Prevent Neo-Colonialism? Merdekawati, Agustina; Hasibuan, Irkham Afnan Trisandi
Yuridika Vol. 41 No. 1 (2026): Volume 41 No 1, January 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v41i1.47530

Abstract

The United Nations Convention on the Law of the Sea (UNCLOS) 1982 adopted the Common Heritage of Mankind principle to regulate deep seabed mining beyond national jurisdictions, known as the Area. The push to establish this regulation materialized when the international community faced rapid economic globalization, which opened the opportunity for the emergence of neo-colonialism through the utilization monopoly in the Area by a select few developed countries. This research aimed to examine the extent to which the adoption of the Common Heritage of Mankind principle correlates with the effort to prevent the neo-colonialism practice in the context of growing economic globalization. The answer to this question is necessary to understand the law of the sea regime. This normative research utilized secondary data to support the conclusion, gathered through a literature study. The results show that there is a positive correlation between the adoption of the Common Heritage of Mankind principle and the prevention of neo-colonialism in the utilization of Area. The study found that the principle has prevented the emergence of neo-colonialism by recognizing the resources as belonging to mankind, which makes the factors of capital ownership and technological capabilities of individual countries irrelevant when it comes to accessing the benefits derived from the Area.
Good Governance in Climate Change Policy Towards Net Zero Emission Through Renewable Energy Project Nicken Sarwo Rini; Hari, Josua; Naiborhu, Netty S.R.; Saeful Hakim, Nanda Vico
Yuridika Vol. 41 No. 1 (2026): Volume 41 No 1, January 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v41i1.51230

Abstract

Based on Paris Agreement, states should comply to control climate change and energy policy needs to be adjusted. Developed country uses absolute basin and carbon intensity approach in climate change mitigation but Indonesia still uses business as usual in current condition. Energy sector, primarily the current policy needs to be reviewed in order to achieve Nationally Determined Contribution (NDC). This article uses doctrinal method that focused on policy review in energy sector with statutory approach, also comparative approach between The Netherlands and China compare to Indonesia strategy towards national determined contribution in climate change, and conceptual approach to achieve net zero emission by developing renewable energy project. Dependency in fossil fuel has a major contribution in current Indonesia energy policy. Coal dominating in economic sector by stakeholders and it is shown the needs of coal is high in industry. It makes the energy transition by renewable energy project is still left behind. The article limits the analysis in just energy transition through policy in a legal framework. Authors find out that legal policy creates fundamental energy transition in renewable energy project for making sustainable development in environmental, economy, and social pillars. Transformative legal policy is important in energy transition to fulfill national determined contribution towards net zero emission. Designing adaptive regulatory is the key to mitigate climate change via eco-friendly power plant construction.

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