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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 428 Documents
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The Growth of Takaful Industry in the Muslim World: A Comparative Case Study between Malaysia and Saudi Arabia Assane Ossofo; Hartinie Abd Aziz
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.v41i1.52434

Abstract

Despite recent decades' growth of the industry's Takaful importance in Muslim-majority states, comparative studies on its growth across the regions are limited. Although Takaful has a modest market share on a global scale, it has shown appreciable growth within states like Malaysia, UAE, Kuwait, Saudi Arabia, Oman, Morocco, and Bahrain. Islamic Finance Development Indicator (2018) estimated that Takaful would be USD 72 billion by 2023. Through a library-based qualitative research, growth of the sector in Saudi Arabia and Malaysia during 2017–2020 has been compared using key drivers of growth identification. The findings suggest that there has been considerable industry growth both countries, facilitated by the demand from the majority populations for shariah-compatible options for traditional insurance products. Religious commitments, demographic alignments, and supportive institutional arrangements have come out as the decisive enablers for growth. The research brings out how each of these factors contributes uniquely with national specificities, modifying Takaful growth paths differently across the two countries. By comparing Saudi Arabia's market sophistication with that of Malaysia's innovative regulation, the research highlights socio-cultural and structural dynamics' role for Islamic finance growth. This study helps to apprehend how faith-based considerations and institutional malleability shape the growth of Takaful across different contexts, guiding policymakers and industry actors to harness massive growth opportunities for their markets.
The Regulation of Land Ownership Rights for Legal Entities in the Perspective of Modern Agrarian Law: Challenges of Fair Legal Evolution Alen Saputra; Agus Yudha Hernoko; Agus Sekarmadji
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.v41i1.75227

Abstract

Land ownership is a legally recognized right that represents the strongest and most comprehensive form of control over land. Within Indonesia’s agrarian legal system, land ownership rights are fundamentally granted only to Indonesian citizens. However, in practice, certain exceptions allow legal entities to obtain land ownership rights based on Law Number 5 of 1960 concerning Basic Agrarian Principles and Government Regulation Number 38 of 1963 concerning the Designation of Legal Entities Eligible to Hold Land Ownership Rights. These provisions have sparked theoretical and philosophical debates as legal entities do not possess descendants, while land ownership is inherently hereditary. This paper examines the philosophical foundation from a normative juridical perspective regarding the granting of land ownership rights to specific legal entities, as well as the urgency of regulatory reform to ensure legal certainty and to accommodate the evolving legal and societal needs within the framework of modernization.
The Tension Between Legal Certainty and Justice in the Perspective of Legal Philosophy Liliek Prisbawono Adi
Yuridika Vol. 41 No. 2 (2026): Volume 41 No 2, May 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v41i2.7387

Abstract

From the perspective of law enforcement, legal certainty and justice do not always complement each other; rather, they often stand in tension and may even contradict one another. When legal certainty is emphasized, justice may be postponed or compromised. Conversely, when law enforcement prioritizes justice, legal certainty can become weakened or overlooked. Nevertheless, these two principles are not inherently incompatible, as they can also function in a complementary manner within a balanced legal system. This article examines the tension between legal certainty and justice through the lens of legal philosophy. It explores the historical development of these concepts, beginning with Ancient Greek philosophy—particularly the ideas of Plato and Aristotle—through medieval thought, natural law theory, legal positivism, and contemporary legal theory. By analyzing the evolution of these philosophical traditions, this study seeks to demonstrate that the relationship between legal certainty and justice is dynamic and context-dependent. Ultimately, the article argues that an ideal legal system should strive to harmonize legal certainty and justice, ensuring both predictability in law and fairness in its application.
Law Enforcement Through Judicial Institutions Within The Indonesian Constitutional System Minanoer Rachman
Yuridika Vol. 41 No. 2 (2026): Volume 41 No 2, May 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v41i2.88374

Abstract

Fundamentally, the execution of a Court Decision that has attained permanent legal force (inkracht van gewijsde) constitutes the final stage in the sequence of litigation proceedings within judicial institutions. However, decisions eligible for immediate execution (uitvoerbaar bij voorraad), as stipulated under Article 180 paragraph (1) of the Herzien Inlandsch Reglement (HIR), may be enforced prematurely. This applies even if the decision has not yet become final and binding due to the losing party pursuing legal remedies such as verzet (opposition), appeal, or cassation. In practice, however, losing parties often demonstrate a lack of voluntary compliance in fulfilling the obligations dictated by a Court Decision. Consequently, intervention from an external authority is necessitated; in this context, the court is legally empowered to "compel" the losing party to execute the judgment. This research examines the extent of the judiciary's role in presiding over executions to safeguard the interests of the litigants. It is observed that judges, in their capacity as executors, tend to prioritize formalistic procedures, which often leads to procedural inefficiency. This creates a risk of protracted execution timelines, further exacerbated by a rigid adherence to redundant formalities. The research methodology employed to address these issues includes the statute approach, the conceptual approach (utilizing legal theories from scholars), and the case approach (analyzing prior court rulings).
Is It Possible For Money Laundering To Become An Independent Crime In The Future? Yohanes Priyana
Yuridika Vol. 41 No. 2 (2026): Volume 41 No 2, May 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v41i2.75429

Abstract

One crucial aspect of efforts to prevent and eradicate money laundering is the relationship between the predicate offense and the crime of money laundering. Conceptually, it is final and undisputed that money laundering is always a derivative crime that follows an offense that generates money or wealth. However, in the context of accelerating law enforcement, money laundering can be treated as a standalone crime if it is based on the absence of the obligation to prove the predicate offense. This allows the prosecution of money laundering separately without the need to prove the predicate crime first, as stipulated in Article 69 of the Law on the Prevention and Eradication of the Crime of Money Laundering (UU PP TPPU). Furthermore, defendants are obliged to prove that their assets are not the result of criminal acts, as stipulated in Article 77 of the UU PP TPPU. Additionally, in the future, efforts to reform the prevention and eradication of money laundering should include strengthening the Financial Transaction Reports and Analysis Center (PPATK) and expanding the authority of the Corruption Eradication Commission (KPK) to investigate and prosecute money laundering cases.
Stepping Forward Toward Uniform Sentencing Guidelines for Corporate Criminal Liability: A Theoretical and Practical Legal Review Dwiarso Budi Santiarto; Maradona; Nur Basuki Minarno
Yuridika Vol. 41 No. 2 (2026): Volume 41 No 2, May 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v41i2.76003

Abstract

The increasing complexity and frequency of corporate crimes in Indonesia has led to a paradigm shift in the national legal system. The absence of sentencing guidelines for corporate crimes has created a legal vacuum, making current regulations inadequate to ensure the consistent and fair imposition of sanctions. Normatively, the recognition that corporations can be held criminally liable is reflected in various regulations, including Code No. 1/2023 and several other sectoral laws governing specific criminal acts. The urgency of developing corporate sentencing guidelines in Indonesia lies in the need to eliminate disparity and legal uncertainty, which otherwise undermines justice for society. The corporate sentencing model must be based on a structured and measurable assessment system, taking into account both objective and subjective variables as stipulated in Article 56 of Code No. 1/2023. This system can be used to assess the degree of fault, the impact of the offense, the role of corporate executives, and the corporation’s attitude during legal proceedings. Furthermore, it can also serve as a reference in determining the criminal threat and the maximum limit of fine categories. Consequently, judges must, going forward, carefully consider whether to impose a criminal penalty or a legal action (choosing one, not both) as a means of protecting society by promoting uniformity and eliminating unwarranted sentencing disparity.
The Steep Road of Land Law Dualism in Indonesia: Living Law VS Positive Law Saharuddin; Sri Winarsi; Suardi Rais; Muhammad Ilham Arisaputra
Yuridika Vol. 41 No. 2 (2026): Volume 41 No 2, May 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v41i2.79552

Abstract

This research analyzes and formulates solutions to the problem of land law dualism in Indonesia which is characterized by the conflict between customary law (living law) and positive law (positive law). This dualism has created tensions between the recognition of indigenous peoples' rights to land and the state's authority to regulate the control and use of land, resulting in legal uncertainty, overlapping arrangements, and protracted agrarian conflicts. This research uses normative legal research methods with a focus on literature studies, examining primary legal materials such as the 1960 Basic Agrarian Law, the 1945 Constitution, and land-related regulations; secondary legal materials in the form of scientific literature, legal journals, research results, and the views of experts; and tertiary legal materials in the form of legal dictionaries, encyclopedias, and other supporting references. The approaches used include a historical approach to trace the roots of land law dualism since the colonial era, a conceptual approach to examine the theory of customary law and positive law, a legislative approach to analyze applicable legal norms, and a case approach through the study of land practices in Gorontalo, the Special Region of Yogyakarta, and Papua. The results of the study show the need for the integration of customary law into the national land law system through strengthening the position of customary law as a legitimate source of land law, the establishment of laws on indigenous peoples, and the preparation of regional regulations in areas that still have indigenous communities. This effort is expected to end the dualism of land law and create legal certainty that is in line with local values.
Nature-Inclusive Corporate Governance: Identifying Four Emergent Models and Analysing Outcomes Ebba Hooft Toomey; Tineke Lambooy
Yuridika Vol. 41 No. 2 (2026): Volume 41 No 2, May 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v41i2.83000

Abstract

This paper investigates the emerging field of Nature inclusive corporate governance, which gives voice to a historically ‘silent’ stakeholder. Nature governance has the potential to break down the human nature dichotomy of organizational governance and management and offers a tool to bring organizational operations into alignment with natural systems. However, no academic research has been done on the effectiveness of Nature governance models in providing Nature with representation. Therefore, this paper conducts an exploratory study utilizing comparative, inductive, qualitative analyses of interviews with 10 case study companies to investigate 1) the outcomes of Nature governance, to test for policy-practice decoupling, and 2) the levels of satisfaction of case study companies with a governance model, to test for means-end decoupling. The discussion finds that companies have a high level of satisfaction with their model, suggesting they are fit for purpose, and report positive outcomes in the areas of culture, operations, and leadership. However, these findings serve only as a starting point for scholarly research as the case studies for this emergent phenomena are biased towards self-elected small-medium enterprises with a founding sustainability mission.

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