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Published by Universitas Airlangga
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Articles
THE PRINCIPLES OF CONTRACT IN DONATION BASED CROWDFUNDING

Kagramanto, L Budi, Serfiyani, Cita Yustisia

Yuridika Vol 34, No 1 (2019): Volume 34 No 1 Januari 2019
Publisher : Fakultas Hukum Universitas Airlangga

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Abstract

The creative economy is a new era of the global economy. It needs support from the government and the society in terms of intellectual property rights protection and funding, especially for creative business or creator which comes from small and medium business (SMB) sector. One of the ways other than formal funding from the bank is through the crowdfunding new system. Crowdfunding has four systems that are based on donation, reward, lending, and equity. Donation-based crowdfunding is the most common type applied and different from other crowdfunding types. This field has not been regulated in specific legislation so it needs to be analyzed in relation to BW and related existing regulation. This research is leading to answers some main topics. First, to analyze the legal relationship between the parties. Second, to determine what type of agreement that underlies the legal act. Third, reviewing the principles of contract law that must be applied to. In the article, it uses the type of research used in this research method is normative research so that it produces a legal review of the donation-based crowdfunding system issues more deeply.

AUTHORITY OF GOVERNMENT INTERNAL SUPERVISORY APPARATUS IN LICENSING OF NATURAL RESOURCES TO PREVENT CORRUPTION, COLLUSION AND NEPOTISM

Iskandar, Iskandar

Yuridika Vol 34, No 1 (2019): Volume 34 No 1 Januari 2019
Publisher : Fakultas Hukum Universitas Airlangga

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Abstract

The occurrence of CCN in the procedure of issuing natural resources licensing is partly caused by the weakness of supervision aspect. In fact, the purpose of supervision is basically intended to prevent the occurrence of CCN. This paper is intended to examine the legal issue of how the regulation of the authority of the government's internal supervisor (GISA) is in performing the supervisory function based on the prevailing provisions, and how GISA's authority relates to the supervisory function in the natural resource licensing governance to prevent and eradicate CCN. This is a normative juridical study analyzing the primary and secondary legal materials. The analysis is conducted by qualitative juridical. The result of the study shows that the authority of GISA in performing the function of general and technical supervision has been regulated in various regulations. However, related to appointment in position and responsibility mechanism of execution of task and function of GISA there is still a weakness, as it is done not in stages the results of performance are potentially not objective. The authority of GISA which specifically relates to supervisory functions in natural resource licensing has not explicitly been regulated in the existing regulations. However, GISA remains authorized to monitor the governance of natural resource licensing. Therefore, the issuance of all permit decisions including natural resource licensing is the implementation of government functions, while internal control in the administration of government functions belongs to GISA’s authority.

THE IMPLEMENTATION OF UNLOADING AGREEMENTS IN THE PORT FROM TRANSPORTATION LAW PERSPECTIVES

Chumaida, Zahry Vandawati

Yuridika Vol 34, No 1 (2019): Volume 34 No 1 Januari 2019
Publisher : Fakultas Hukum Universitas Airlangga

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Abstract

Sea transportation is a commercial shipping business that is regulated in the provision of sea freight services where its business activities are very broad in its field and plays an important role in advancing trade both domestically or abroad including in its efforts to expedite the flow of goods from production areas to consumer areas. In the Port, there are tools to facilitate and facilitate the demolition and loading of goods from or to ships, or equipment to take fuel, water supplies and so on. In ports, of course, there are loading and unloading companies that are always connected with Indonesian ports (Pelindo). This is certainly related to the entry and exit of ships. The loading and unloading company is an Indonesian legal entity established to carry out and carry out business activities for loading and unloading goods from and to ships. In loading and unloading services, there are loading and unloading service providers, namely companies that carry out loading and unloading activities (stevedoring, receiving and receiving/delivery using loading and unloading labor) and loading and unloading equipment. obstacles or obstacles that might occur, these obstacles must be studied more deeply so that the impacts or losses that might be suffered by the parties in the vessel loading and unloading agreement can be minimized. The legal method used in answering the legal issues raised is through statute approach, conceptual approach, and case approach

UNDERSTANDING THE PLURALITY OF CONSUMER DISPUTE RESOLUTION IN INDONESIA: A COMPARATIVE STUDY WITH SINGAPORE

Afriana, Anita, Fakhriah, Efa Laela

Yuridika Vol 34, No 1 (2019): Volume 34 No 1 Januari 2019
Publisher : Fakultas Hukum Universitas Airlangga

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Abstract

Globalization has impacted many aspects of human life, one of which is an acceleration of trade transactions between producers and consumers. Despite of numerous advantageous that it brings, globalization also has a potential to cause various disadvantageous and loss to the consumers that ultimately lead to consumer disputes. In general, consumer disputes involve small amount of loss and complaint filed by the consumers for material compensation. In Indonesia, consumer dispute resolution is carried out not only by the Consumer Dispute Settlement Board (BPSK) but also through the courts. Recently, there are many newly-established consumer dispute settlement institutions. This article is part of a completed study discussing a plurality of consumer dispute settlement in Indonesia and a comparative analysis with the one available in Singapore. The study applies normative juridical research method and qualitative juridical analysis, it can be concluded that the plurality of consumer dispute settlement in Indonesia has led to convoluted mechanisms and procedures in settling disputes. This leads to a lack of legal certainty. The comparative law study being the instrument of this study is a critical instrument in the framework of legal reformation. Result shows that in Singapore, consumer disputes are resolved by a Small Claims Procedure method on State Court and through CASE as a private non-litigation agency with specific consumer characteristics and disputes.

SOWING GM CROPS: POPULATING BIOETHICS IN THE MALAYSIAN BIOSAFETY ACT 2007 THROUGH PUBLIC PARTICIPATION

Idris, Siti Hafsyah

Yuridika Vol 34, No 1 (2019): Volume 34 No 1 Januari 2019
Publisher : Fakultas Hukum Universitas Airlangga

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Abstract

The bioethical issue is one of the concerns on genetically modified (GM) crops. One of the features to acknowledge this bioethical issue is through public participation. Through public participation, any concerns relating to the application and the release of GM crops could be integrated in the biosafety decision making process. The role of public participation is essential as it is a foundation of responsible democratic governance. It advocates public consultations by creating opportunities for transparency, informed and representative decision-making processes. This paper appraises the provision on public participation in the Malaysian Biosafety Act 2007 as to the extent to which bioethical issues could be integrated in the biosafety decision making process. The paper also proposes suggestions on good governance of public participation based on the relevant international legal agreements so that it is properly enforced and serves the desired objective of Biosafety Act 2007.

CORPORATE RESPONSIBILITY TOWARDS EMPLOYEES WELFARE

Abbas, Ilham, Salle, Salle, Djanggih, Hardianto

Yuridika Vol 34, No 1 (2019): Volume 34 No 1 Januari 2019
Publisher : Fakultas Hukum Universitas Airlangga

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Abstract

Essentially, in carrying out its business activities every company is certainly cannot be separated   from responsibility, as responsibility is one of the obligations of the business actor towards consumers, employees and the surrounding environment. Responsibility also means doing something as an embodiment of awareness of obligations. In this study will analyze the company's responsibility for employee welfare and the efforts made by the Company to improve employee welfare at PT. Semeru Ratu Jaya Makassar. The results of the study are expected to contribute thought to business actors in spreading their business activities, because employee welfare is very urgent and fundamental for employees. This is in accordance with what is mandated in Pancasila as the source of all sources of law in Indonesia and this is reflected in the 1945 Constitution of the Republic of Indonesia, precisely in the opening of the 1945 Constitution in paragraph 4 (four) concerning the national goal of promoting general welfare

THE IMPLEMENTATION OF INTERNATIONAL ARBITRATION DECISIONS IN INDONESIA AND SOME FOREIGN COUNTRIES

Harahap, Panusun

Yuridika Vol 34, No 1 (2019): Volume 34 No 1 Januari 2019
Publisher : Fakultas Hukum Universitas Airlangga

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Abstract

An international arbitration award handed down in a territory of a given country may be applied for in another territory, provided that it is a party to the 1958 New York Convention on the Recognition and Implementation of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and between those countries there are bilateral or multilateral agreements on the recognition and execution of international arbitration decisions. An arbitral award, as well as a judge's verdict may actually be voluntary by the loser or debtor. If the verdict has been executed in good faith by the losing party, or in other words his accomplishments have been met with good faith, then the problem is solved. It is not uncommon, however, that although the verdict is already in place, the losing party does not want to execute the verdict voluntarily. In this case the winning party or the creditor may submit an application to the Chairman of the Central Jakarta District Court for the international arbitration award to be executed by force (execution forcee).

THE APPLICABILITY OF ARTICLE 4 OF ANTI-CORRUPTION LAW AND THE THEORY OF TORT

Purwoleksono, Didik Endro

Yuridika Vol 34, No 1 (2019): Volume 34 No 1 Januari 2019
Publisher : Fakultas Hukum Universitas Airlangga

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Abstract

Article 4 of the Indonesian Corruption Law stipulates that the return of state financial losses does not eliminate the criminalization of the perpetrators of criminal acts as referred to in Article 2 and Article 3. What about the suspects or defendants who return the results of corruption related to the theory illegitimacy? There are two theories about the illegitimacy which are; the theory of illegitimacy against the formal law and the theory of illegitimacy against the material law. The theory of illegitimacy against the formal law, providing an understanding that an action, act, or activity is said to be against the law when against the rules set in the law. While through the Decision of the Supreme Court, Indonesia adheres to this theory. According to this theory, an action, act, or activity is said to be against the law when it is against the rules established in the law and according to the conditions is a disgraceful act or illegal. The decision of the Supreme Court provides the criteria for the loss of unlawful nature because of the factors of the state not being harmed, the society served and the defendant not making a profit. With the enactment of this theory, the existence of Article 4 of the Indonesian Corruption Law, becomes invalid with the condition that the results of corruption and its benefits have been returned by the perpetrators of corruption.

DISPUTE SETTLEMENT MECHANISM IN BILATERAL INVESTMENT TREATIES (BITS)

Dewi, Yetty Komalasari, Afriansyah, Arie

Yuridika Vol 34, No 1 (2019): Volume 34 No 1 Januari 2019
Publisher : Fakultas Hukum Universitas Airlangga

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Abstract

In various countries, BITs are not always the same, but most of them contain many commitments or promises to protect the investment and investors of a country ("investors") in the territory of another country ("host country").[1] This protection includes treatment that is fair, equal and not discriminatory in overseeing the implementation of investment agreements and other obligations related to investment. The important thing is, in most cases, this kind of protection is accompanied by a very strong international arbitration mechanism that allows investors to file a lawsuit directly against a host country that is suspected of violating the protection under international law. Capability of investors to "enforce" their rights directly on a country without an arbitration agreement is considered as one of the extraordinary achievements of BIT innovation.

VICTIM’S INVOLVEMENT MODEL IN CHILDREN LEGAL PROCESS BASED ON LAW NO. 11/2012 ON CHILDREN CRIMINAL JUSTICE SYSTEM

Haris, Oheo K, Risky, Ali

Yuridika Vol 34, No 1 (2019): Volume 34 No 1 Januari 2019
Publisher : Fakultas Hukum Universitas Airlangga

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Abstract

The appearance of the Acts Number 11 the Year 2012 is a new hope for the victims in order to gain their rights. This Act has given a huge opportunity to the victim by means of the concept of restorative justice. For that reason, this work would offer the model of the involved victim which is able implemented by either outside or inside of the judicial system. Firstly, accessibility for the victim in this Act has placed the concept of restorative justice. The model of restorative justice which offered in this Act is the gate for the crime victim who fought for their rights. Restorative justice was essentially stood for in human relation between victim and offender and focused on the impact that caused by crime. Secondly, the term of Diversion is the transfer of resolution for the process of the juvenile case from the judicial system into outside of judicial criminal system. Togetherness for all of the involved groups is better solution in the certain case and togetherness solved problem and created such obligation that would produce better than before. This attempt is in order to seek a solution, reconciliation, and not to revenge for a criminal offence. Thirdly, the involved victim in process of the judicial criminal system is a victim witness. This witness also should possess legal protection and avoid the bad label. The next model is an opportunity for the juvenile victim who would affirm argumentation before the court handing down the verdict.

Issues
All Issue Vol 34, No 1 (2019): Volume 34 No 1 Januari 2019 Vol 33, No 3 (2018): Volume 33 No 3 September 2018 Vol 33, No 2 (2018): Volume 33 No 2 Mei 2018 Vol 33, No 1 (2018): Volume 33 No 1 Januari 2018 Vol 32, No 3 (2017): Volume 32 No 3 September 2017 Vol 32, No 2 (2017): Volume 32 No 2 Mei 2017 Vol 32, No 1 (2017): Volume 32 No 1 Januari 2017 Vol 31, No 3 (2016): Volume 31 No 3 September 2016 Vol 31, No 2 (2016): Volume 31 No 2 Mei 2016 Vol 31, No 1 (2016): Volume 31 No 1 Januari 2016 Vol 30, No 3 (2015): Volume 30 No 3 September 2015 Vol 30, No 2 (2015): Volume 30 No 2 Mei 2015 Vol 30, No 2 (2015): Volume 30 No 2 Mei - Agustus 2015 Vol 30, No 1 (2015): Volume 30 No 1 Januari 2015 Vol 30, No 1 (2015): Volume 30 No 1 Januari - April 2015 Vol 29, No 3 (2014): Volume 29 No 3 September 2014 Vol 29, No 2 (2014): Volume 29 No 2 Mei 2014 Vol 29, No 1 (2014): Volume 29 No 1 Januari 2014 Vol 28, No 3 (2013): Volume 28 No 3 September 2013 Vol 28, No 3 (2013): Volume 28 No 3 September - Desember 2013 Vol 28, No 2 (2013): Volume 28 No 2 Mei 2013 Vol 28, No 1 (2013): Volume 28 No 1 Januari 2013 Vol 27, No 3 (2012): Volume 27 No 3 September 2012 Vol 27, No 2 (2012): Volume 27 No 2 Mei 2012 Vol 27, No 1 (2012): Volume 27 No. 1 Januari 2012 Vol 26, No 3 (2011): Volume 26 Nomor 3 September 2011 Vol 26, No 2 (2011): Volume 26 Nomor 2 Mei 2011 Vol 26, No 1 (2011): Volume 26 Nomor 1 Januari 2011 Vol 25, No 3 (2010): Volume 25 Nomor 3 September 2010 Vol 25, No 2 (2010): Volume 25 Nomor 2 Mei 2010 Vol 25, No 1 (2010): Volume 25 Nomor 1 Januari-April 2010 Vol 25, No 1 (2010): Volume 25 Nomor 1 Januari 2010 Vol 7, No 5-6 (1997): Volume 7 no 5-6, September - Desember 1997 Vol 11, No 1 (1996): Volume 11 no 1 Januari 1996 Vol 8, No 1 (1994): Volume 8 no 1 Januari 1994 Vol 7, No 4 (1992): No 4 Tahun VII, Juli-Agustus 1992 Vol 6, No 4-5 (1991): Volume 6 No 4-5 July, Agustus, September Oktober 1991