YURIDIKA
S2
Sinta Score
Published by Universitas Airlangga
ISSN : -     EISSN : -
Articles
27
Articles
BAY’ AL-MURABAHAH (DEFFERED PAYMENT SALE) DI LINGKUNGAN BANK SYARIAH)

Shomad, Abd. ( Departemen Hukum Perdata Fakultas Hukum Universitas Airlangga. )

YURIDIKA Vol 24, No 1 (2009): YURIDIKA
Publisher : YURIDIKA

Show Abstract | Original Source | Check in Google Scholar | Full PDF (250.042 KB)

Abstract

Murabahah is a supply of goods agreement which is based on sales and purchase mechanism. The Bank will provide goods needed by the Customer and sell it to the Custumer with an agreed margin. Payment is done by several installments within an agreed period of time. In this mechanism, the Bank is not allowed to provide loan to the Customer, since this loan will be considered as riba. However, it is found that Murabahah which is practiced by syariah banking in Indonesia is different to Murabahah principles which are found in the fiqh books. Based on the fiqh books, Murabahah is defined as involving only two parties, which are seller and buyer. Payment may be in cash (naqdan) or with several installments (bitsaman ajil). On the other hand, syariah banking practice in Indonesia involving three parties to form a Murabahah. The first agreement is a sale and purchase agreement, paid in cash, between the Bank (as buyer of the goods) and the Supplier of the goods. This is followed by Murabahah agreement which is done between the Bank as the vendor and the Customer as buyer, in an agreed marked up price.

PENGATURAN PENGELOLAAN WILAYAH PESISIR DAN LAUT DI INDONESIA

Sunyowati, Dina ( Departemen Hukum Internasional, Fakultas Hukum, Universitas Airlangga )

YURIDIKA Vol 24, No 1 (2009): YURIDIKA
Publisher : YURIDIKA

Show Abstract | Original Source | Check in Google Scholar | Full PDF (259.145 KB)

Abstract

Marine development basically must pay attention to the environment as a whole, includes coastal zones since marine environment becomes the important component of global life support system and valuable positive asset for sustainable development (Agenda 21 Chapter 17). In order to apply sustainable marine development, the integrated coastal management can be implemented by a holistic approach in the coastal zones management, as an effort to reduce potential conflict related to natural resources utilization in the coastal zones. Like many other countries, the legal framework for coastal zone management of Indonesia is determined by using integrated coastal management concept by focusing on area or zone authority system. The purpose of this framework is that to make it able to settle conflicts that related to the over-utilization or over-exploitation of coastal zone resources or conflict of authority, conflict of interest, conflict of development among sectors and incompatibility among regulations.  Keywords: Marine Sustainable Development, Integrated Coastal Management

PERAN DAN FUNGSI BADAN ENERGI ATOM INTERNASIONAL (IAEA): PEMANFAATAN NUKLIR UNTUK TUJUAN DAMAI (PEMBANGUNAN PLTN DI INDONESIA)

-, Koesrianti ( Departemen Hukum Internasional, Universitas Airlangga, Surabaya. )

YURIDIKA Vol 24, No 1 (2009): YURIDIKA
Publisher : YURIDIKA

Show Abstract | Original Source | Check in Google Scholar | Full PDF (281.107 KB)

Abstract

Nuclear hold a dual vast potential, as a reservoir of energy or as a weapon of destruction. International Atomic Energy Agency or IAEA has a vital role in providing measures related to the peaceful uses of nuclear energy such as, electricity, advanced technology of health and food. These peaceful nuclear activities are to be conducted under a comprehensive safeguards agreement with IAEA.  In spite of their emphasis on promoting the peaceful uses of nuclear energy, however, some countries intent to do nuclear proliferation, such as, Irak and North Korea, without early detection and this has resulted in the increased risk of nuclear race among states. Concerning to the peaceful uses of nuclear energy, Indonesia is proposing to have nuclear as electricity power plants which lead to pros and cons as the 22 year-Chernobyl accident still has prompted fear and concerns throughout the country.  Key words: IAEA, nuclear proliferation, NPT Treaty  

TRIPs Plus on Plant Varieties Protection under Indonesia-Japan Economic Partnership Agreement (IJEPA)

Barizah, Nurul ( Department of International Law, Faculty of Law, Airlangga University, Surabaya )

YURIDIKA Vol 24, No 1 (2009): YURIDIKA
Publisher : YURIDIKA

Show Abstract | Original Source | Check in Google Scholar | Full PDF (258.468 KB)

Abstract

This paper examines whether IPR Chapter on Indonesia –Japan Economic Partnership Agreement (IJEPA), particularly in the area of Plant Varieties Protection (PVP) constitutes TRIPs-Plus Standard, and the potential implications for developing country Indonesia. This paper start with an investigation of the notion of TRIPs-Plus and its characteristic under Bilateral Free Trade Agreement (BFTA). The focus of this analysis is on the provision concerning PVP. It also analyses the concept of PVP under the International Union for the Protection of New Varieties of Plants (UPOV) of 1978 and 1991. It covers historical development of the UPOV Convention and its origin, the differences and similarities between both of them, particularly in the context of the scope of protection, thresholds of protection, exceptions to breeders rights, farmers privilege and duration of protection. Subsequently, it discusses the Chapter on Intellectual Property (IPR) under IJEPA.   Keywords : TRIPs Plus, IJEPA, Plant Varieties Protection

KERUGIAN KEUANGAN NEGARA PADA PENGELOLAAN PERSERO

Adriyani, Wuri ( Departemen Hukum Perdata, Fakultas Hukum Universitas Airlangga, Surabaya )

YURIDIKA Vol 24, No 1 (2009): YURIDIKA
Publisher : YURIDIKA

Show Abstract | Original Source | Check in Google Scholar | Full PDF (290.018 KB)

Abstract

It has been a problem for many years that Government is involved in the management activities of the Persero. The recent problem is that the involvement of the Government bases on crime. Through very extensive powers the Government had interrupted the law principles concerning financial affairs of the Perseros under which asserted as State’s loss. It rises as consequences of unsynchronized meaning of “State’s Property” according to State Finances Act and “Separated State’s Property” according to Indonesian State Own Entreprise Act (Indonesian SOEs Act). Failures in managing the Persero’s property may be well presumed as State’s loss. This presumption is misconstrue and hazardous due to the ambiguity of the law. As one of the shareholders of the Perseros, the limitation of State’s loss is not more than the value of the shares held by the Government. Additionally, the enforcement of criminal liability such as corruption to the Directors of the Persero as managing Directors was erroneous. Therefore, the boundaries of the public law, administration law, criminal law, civil law, and corporation law turns out to be vague.  Key words: Persero, Limited Liability, Criminal Liability and State’s Loss.

PENYELESAIAN SENGKETA KONTRAK BERDASARKAN AZAS PROPORSIONALITAS

Hernoko, Agus Yudha ( Departemen Hukum Perdata Fakultas Hukum Universitas Airlangga. )

YURIDIKA Vol 24, No 1 (2009): YURIDIKA
Publisher : YURIDIKA

Show Abstract | Original Source | Check in Google Scholar | Full PDF (246.135 KB)

Abstract

The objective of this article is to argue that the issue of equal and unequal position of the parties is irrelevant to commercial contract. The essence of commercial contract that ponders business relationship without interruption does not deal with the issue of mathematical equality; rather, it emphasizes on proportional exchange of interests of the parties irrespective of result obtained by the parties. There are four important issues that recommended in this paper. First, the principle of proportionality is applied in the entire phases of contract, i.e. in negotiation, formation, and enforcement phases. Second, the principle of proportionality is not perceived from mathematical equality perspective but it is viewed from fair exchange process and proportionate result, which is acceptable by both parties. Third, the principle of proportionality is a doctrine of “fair contract”, which improves the doctrine of freedom of contract that may lead to unfairness. It is recommended that jurists, currently, be not regard the doctrine of freedom of contract sacred; rather, they shall find other philosophical basis to develop “fair contract” procedurally as well as substantively. Fourth, the principle of proportionality is applied as best choice of dispute settlement. Key words: dispute settlement, principle of proportionality, fair contract.

KONSEP DAN PENGATURAN HUKUM KEJAHATAN TERHADAP KEMANUSIAAN

Wiratraman, R. Herlambang Perdana ( Fakultas Hukum Universitas Airlangga )

YURIDIKA Vol 23, No 2 (2008): YURIDIKA
Publisher : YURIDIKA

Show Abstract | Original Source | Check in Google Scholar | Full PDF (572.815 KB)

Abstract

A crime against humanity is a part of the most serious crimes concerned by international community. The law against this crime is widely accepted, because it is categorized as ‘hostis humanis generis’. Nevertheless, this concept and international laws of crime against humanity are defined and adopted differently by many countries, including under Indonesian laws. This paper analizes comparatively the concept and provisions which are based on international statutes, jurisprudence in ICTY and ICTR and Indonesian Human Rights Court Law, especially the provision of “other inhumane acts”. It also examines whether the different concepts would make legal concequences in implementing progressively its law enforcement in Indonesia.Key words: human rights, crimes against humanity, other inhumane acts

KARAKTERISTIK ILMU HUKUM

Marzuki, Peter Mahmud ( Fakultas Hukum dan Pasca Sarjana Universitas Airlangga )

YURIDIKA Vol 23, No 2 (2008): YURIDIKA
Publisher : YURIDIKA

Show Abstract | Original Source | Check in Google Scholar | Full PDF (235.662 KB)

Abstract

Jurisprudence is a sui generis discipline. The growth of positivism leads to the application of natural science method to social studies, which relied upon empirical observations. This brought about the establishment of legal positivism, which delimits the study of law to the study of observable phenomenon in the form of positive law. As positive law imposed by authority, this law neglects every unobservable aspect of the law, such as justice, ethics, etc. The increase of the study of social perspective on law in the 1970s is misperceived as the shift of jurisprudence to social science realm. The study of law, then, is patterned on social study. Consequently, law deals only with observable phenomenon. This, certainly, mislead the study of law. Jurisprudence is a prescriptive as well as applied science. Social method, consequently, is inapplicable to jurisprudence.

Redaksi

Marzuki, Peter Mahmud

YURIDIKA Vol 23, No 2 (2008): YURIDIKA
Publisher : YURIDIKA

Show Abstract | Original Source | Check in Google Scholar | Full PDF (6.849 KB)

Abstract

Jurnal Hukum Yuridika diterbitkan oleh Fakultas Hukum, Universitas Airlangga. Terbit 3 (tiga) kali dalam setahun pada April, Agustus dan Desember.

KEABSAHAN PERJANJIAN PERKAWINAN MENURUT UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN

Kurniawan, Faizal ( Departemen Hukum Perdata, Fakultas Hukum Universitas Airlangga, Surabaya ) , Agustin, Erni ( Departemen Hukum Perdata, Fakultas Hukum Universitas Airlangga, Surabaya )

YURIDIKA Vol 23, No 1 (2008): YURIDIKA
Publisher : YURIDIKA

Show Abstract | Original Source | Check in Google Scholar | Full PDF (194.494 KB)

Abstract

The focuses of this article are characteristics of prenuptial agreement, limitation of the prenuptial agreement’s substance based on Act No. 1/1974 on Marital and legal effect of breaching the prenuptial agreement to marriage. The prenuptial agreement as regulated in the article 29, Act No. 1/1974 can be classified as a domestic contract. Through the article 66, Act No. 1/1974 on Marital, the parties may use other regulation of family law in Indonesia such as Civil Code (Burgerlijk Wetboek) and Compilation of Islamic Law, as references for the parties to arrange the prenuptial agreement. In some cases,  those regulation give different border about the prenuptial agreement. The legal effect of breaching the prenuptial agreement cannot be used as a reason to divorce. The prenuptial agreement regarding with matrimonial assets is binding to the third party. Besides the matrimonial assets, the clauses are only binding to  the parties internally. Keywords: prenuptial agreement, domestic contract.