Yuridika最新文献_第7页

A Critical Assessment on Nuclear Security Measure in Indonesia 印尼核安全措施的批判性评估

Yuridika Pub Date : 2022-08-05 DOI: 10.20473/ydk.v37i2.36279

I. Soeparna, Joseph Tanega

{"title":"A Critical Assessment on Nuclear Security Measure in Indonesia","authors":"I. Soeparna, Joseph Tanega","doi":"10.20473/ydk.v37i2.36279","DOIUrl":"https://doi.org/10.20473/ydk.v37i2.36279","url":null,"abstract":"Our overriding thesis is that nuclear security measures are required in Indonesia as a matter of urgency given Indonesia’s current plans for the construction of nuclear power plants (NPP) and all the physical infrastructure and supply chains wherein nuclear materials is exposed to the general public and a target for terrorist attack. This work is divided into two parts: (1) an analysis and close reading of the existing nuclear regulatory regime of Indonesia, with the view of determining whether the existing regulations are sufficient to provide nuclear security measures that protect the general public, and (2) based on our analysis what kind of policies and legislative provisions should we have in order to better protect the public. The headline of our assessment is that there is a complete lack of legal basis for security measures and that it is recommended. From an international perspective the nuclear operating organization is within the penumbra of nuclear security standards established by the International Atomic Energy Agency (IAEA). However, while within the penumbra of the international standard for nuclear security, our assessment finds the Indonesian security measure is inadequate and potentially dangerously in effective and thus, in its current state behooves the Indonesian government to undertake a deep reformation of the legal framework of nuclear security in Indonesia.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48512286","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Post Conditionally Unconstitutional of Job Creation Law: Quo Vadis Legal Certainty? 岗位条件性违宪《创造就业法》:维持法律确定性?

Yuridika Pub Date : 2022-08-05 DOI: 10.20473/ydk.v37i2.33364

A'an Efendi, Fradhana Putra Disantara

{"title":"Post Conditionally Unconstitutional of Job Creation Law: Quo Vadis Legal Certainty?","authors":"A'an Efendi, Fradhana Putra Disantara","doi":"10.20473/ydk.v37i2.33364","DOIUrl":"https://doi.org/10.20473/ydk.v37i2.33364","url":null,"abstract":"Enigma emerged when the Constitutional Court declared that Law Number 11 of 2020 concerning Job Creation (UU CK) unconstitutional. The purpose of this legal research is to review the legal dynamics of the UU CK after the Constitutional Court Decision No. 91/PUU-XVIII/2020 based on the point of view of the formal review and procedural justice, as well as reviewing the relevance of the Decision as a monumental decision; while at the same time analyzing the phenomenon of 'conditionally unconstitutional' in the perspective of legal certainty and expediency. This legal research uses a conceptual approach and a statutory approach. The legal materials of this legal research consist of primary legal materials, secondary legal materials, and non-legal materials. The study results stated that the Constitutional Court Decision No. 91/PUU-XVIII/2020 is not a monumental decision, considering an omission of \"freeze\" norms from the UU CK. Meanwhile, if it is studied based on procedural justice and the conception of a formal review, then the UU CK should be null and void by law. Then, 'Constitutional Conditional' in the Decision of the Constitutional Court No. 91/PUU-XVIII/2020 provides legal chaos. There is a contradiction that the UU CK is declared not legally binding as a consequence of 'formal defects' from the process of forming the UU CK. Thus, the suggestion from the researcher is that the government can ratify a standard rule in the law regarding the formation of legislation regarding the construction of an omnibus law scheme.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43662197","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 6

Reconstruction of Fulfilling the Rights of Domestic Helpers in Employment Relations as a Form of Respect for Human Rights 重论在雇佣关系中履行家庭佣工的权利是尊重人权的一种形式

Yuridika Pub Date : 2022-05-01 DOI: 10.20473/ydk.v38i2.41214

Shohib Muslim, Shinta Hadiyantina, Hudriyah Mundzir, Khrisna Hadiwinata, Dina Imam Supaat

{"title":"Reconstruction of Fulfilling the Rights of Domestic Helpers in Employment Relations as a Form of Respect for Human Rights","authors":"Shohib Muslim, Shinta Hadiyantina, Hudriyah Mundzir, Khrisna Hadiwinata, Dina Imam Supaat","doi":"10.20473/ydk.v38i2.41214","DOIUrl":"https://doi.org/10.20473/ydk.v38i2.41214","url":null,"abstract":"The state guarantees welfare for its people, including domestic servants who are guaranteed constitutional rights. However, in statutory regulations, guarantees for legal protection do not apply to domestic workers who work in the informal sector, while domestic workers who work in the formal sector get guaranteed legal protection, as stated in Law No. 11 of 2020 regarding the employment creation cluster. Techniques implemented in research in the form of presentation of concepts, theories and arguments that are useful in studying and analyzing phenomena that occur based on applicable regulations are called normative juridical techniques. Regulations on employment relations norms that place more importance on economic liberalization are listed in Article 1 paragraph 15 and Article 50, where these articles are also the cause of the legal blurring of norms contained in Article 1 paragraph 3. A domestic worker needs a guarantee of legal protection because he has a weak position. The issue of vague norms (vague of norms) contained in Article 1 paragraph 3 is caused by inconsistencies between Article 1 paragraph 15 and Article 1 paragraph 3 and the article that strengthens it, namely article 50, which should implicitly apply to domestic workers.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42350387","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

State Responsibility for Access and Availability of Patented Drugs for Public Health 国家对获得和提供公共卫生专利药物的责任

Yuridika Pub Date : 2022-05-01 DOI: 10.20473/ydk.v38i2.43007

Lidya Shery Muis, Rahmi Jened, Nurul Barizah, Go Chin, Tjwan

引用次数: 0

Limitation of Misconduct of Judges: Increasing The Synergy of Supervision of Judges by The Judicial Commission and The Supreme Court 法官失当行为的限制:加强司法委员会与最高法院对法官监督的协同作用

Yuridika Pub Date : 2022-05-01 DOI: 10.20473/ydk.v38i2.45472

Fairuz Zahirah, Zihni Hamdan, D. Kristianti, Vincentius Verdian

{"title":"Limitation of Misconduct of Judges: Increasing The Synergy of Supervision of Judges by The Judicial Commission and The Supreme Court","authors":"Fairuz Zahirah, Zihni Hamdan, D. Kristianti, Vincentius Verdian","doi":"10.20473/ydk.v38i2.45472","DOIUrl":"https://doi.org/10.20473/ydk.v38i2.45472","url":null,"abstract":"The supervision of judges in judicial power in Indonesia is carried out by two state institutions: the Judicial Commission and the Supreme Court. Internal supervision of judges is carried out by the Supreme Court on the judicial technicalities of judges and externally by the Judicial Commission on the ethical aspects of judge behavior. However, in its implementation, there is still no explicit limit to the scope of judges’supervision between the two institutions. This research aims to provide a different perspective and new breakthrough in judge supervision, namely, setting a boundary between judicial technical violations and ethical violations in examining alleged ethical violations by judges as a form of judicial supervision. The type of research used was reform-oriented research using a statutory and conceptual approach. The results showed that the mechanism for supervising judges was regulated through the Joint Regulations of the Supreme Court and Judicial Commission on the Code of Ethics and Code of Conduct for Judges (KEPPH), KEPPH Enforcement Guidelines, and Joint Examination Procedures. However, in its implementation, there is still a problem of unclear scope and limitations in the supervision of judges. Therefore, there must be improvements in related regulations by limiting technical judicial violations and ethical behavior.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47882806","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Enhancing Consumer Benefit Via Special Tax Scheme for Social Enterprise 通过社会企业特别税收方案提高消费者利益

Yuridika Pub Date : 2022-05-01 DOI: 10.20473/ydk.v38i2.45360

Rabiatul Adawiyah Binti Mohd Ariffin, Zuhairah Ariff ABD GHADAS, Shahril Nizam Bin Md Radzi

{"title":"Enhancing Consumer Benefit Via Special Tax Scheme for Social Enterprise","authors":"Rabiatul Adawiyah Binti Mohd Ariffin, Zuhairah Ariff ABD GHADAS, Shahril Nizam Bin Md Radzi","doi":"10.20473/ydk.v38i2.45360","DOIUrl":"https://doi.org/10.20473/ydk.v38i2.45360","url":null,"abstract":"In Malaysia, social enterprises (SEs) are still in their infancy, but they are growing in popularity as more people become aware of the beneficial effects on local communities. SEs in Malaysia are business models that combine the aspects of both non-profit and commercial entities to achieve social or environmental objectives. Business organizations, such as partnerships, corporations, and limited liability partnerships, are used to operate SEs because there is no specific legal entity for SEs in Malaysia. From a Malaysian perspective, tax-exempt status is one of the main challenges encountered by Malaysian social entrepreneurs. Despite the government’s efforts to recognize SEs, the problem of taxation for SE has not been resolved because SE still must pay taxes in a manner similar to that of commercial entities. This study aims to provide tax benefits to SE in Malaysia. Although Malaysia revised its laws and accredited SEs, no tax exemption has been provided exclusively for SEs. SEs contributions are meant to improve social welfare, but SEs are not exempt from taxes, such as charitable organizations. SEs business methods and organizational structures, which are comparable to those of commercial companies, lead to the conclusion that SEs are comparable to commercial organizations. The research concludes that by introducing tax exemptions permanently for SEs in Malaysia, customers can benefit from supporting businesses that align with their values, while SEs can benefit from increased support and growth opportunities. Governments can also benefit from a stronger economy and increased social and environmental impacts, making this an attractive policy option for Malaysian society.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45293017","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Diversion Toward Juvenile Crime In South Sulawesi 南苏拉威西青少年犯罪转移

Yuridika Pub Date : 2022-03-01 DOI: 10.20473/ydk.v37i1.29149

Ririn Nurfaathirany Heri

{"title":"Diversion Toward Juvenile Crime In South Sulawesi","authors":"Ririn Nurfaathirany Heri","doi":"10.20473/ydk.v37i1.29149","DOIUrl":"https://doi.org/10.20473/ydk.v37i1.29149","url":null,"abstract":"Juvenile offenders do not all end in diversion. According to Article 7 of the Juvenile Criminal Justice System Law, there are two categories that cannot get diversion, namely children who commit repeat crimes or are recidivist, and children who commit criminal acts and are threatened with coaching 7 years and over. Diversion is given when it has obtained approval from various parties, and a diversion agreement is reached by the victims and their families, the perpetrators and their families. Diversion deliberation does not always end well; if no agreement is reached, then the diversion is considered a failure or unsuccessful. Besides that, diversion can also fail if the perpetrators reject it.\u0000This research is a legal research. using a case approach, a conceptual approach and a statutory approach. The focus of the research is the target to be observed or measured, namely the provision of diversion for juvenile offenders, as well as obstacles in efforts to provide diversion to juvenile offenders. Giving diversion to children in an effort to foster a sense of responsibility shows good results, seeing the enthusiasm of children who show remorse for their actions so that there is good faith to listen and learn to be better people in the future. The obstacles faced in efforts to provide diversion to children who are in conflict with the law are that the proposed diversion consultations are not all agreed upon by the conflicting parties because of the siri' culture among Bugis-Makassar and the community's paradigm of retaliation,which is still entrenched","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42464363","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Essence of Legal Research is to Resolve Legal Problems 法学研究的本质是解决法律问题

Yuridika Pub Date : 2022-03-01 DOI: 10.20473/ydk.v37i1.34597

Peter Machmudz Marzuki

{"title":"The Essence of Legal Research is to Resolve Legal Problems","authors":"Peter Machmudz Marzuki","doi":"10.20473/ydk.v37i1.34597","DOIUrl":"https://doi.org/10.20473/ydk.v37i1.34597","url":null,"abstract":"Legal research is carried out to resolve legal problems. Since jurisprudence is a prescriptive science, legal research is conducted to produce prescription. The prescription may be the basis of resolving the legal problem. It is different from research for behavioral science or social research which is to verify a hypothesis. Data are needed to verify the hypothesis. On the other hand, legal research does not need data since it is not conducted to verify a hypothesis. Social research is to find coherence truth while, legal research is to discover coherence truth. Despite usage of induction in establishing argument, legal research does not use data to find the truth because the truth found is coherence truth. Legal research may be for practical purpose or for academic activity but is still like any other research and begins with problem, which is a legal problem. Legal problems in legal research should be clearly defined; otherwise, there will be misapplication of law to the problem. Consequently, the problem will not be solved. Legal problems may be causal relationship, functional relationship, or two propositions where the latter proposition gives clear meaning to the first proposition. The type of legal problem should be identified. It is necessary to collect legal research materials, which may be primary legal materials, secondary legal materials, and non-legal materials. The non-legal materials are supporting and complementary materials. Legal research may be carried out by using approaches as necessary. There are five types of approaches, statute approach, case approach, historical approach, comparative approach, and conceptual approach. The respective approach should be used appropriately.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41707397","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legal Protection for Parties in Transferring Receivables from Factoring Transactions (Factoring) 保理交易中应收账款转让当事人的法律保护

Yuridika Pub Date : 2022-03-01 DOI: 10.20473/ydk.v37i1.32169

Shohib Muslim

{"title":"Legal Protection for Parties in Transferring Receivables from Factoring Transactions (Factoring)","authors":"Shohib Muslim","doi":"10.20473/ydk.v37i1.32169","DOIUrl":"https://doi.org/10.20473/ydk.v37i1.32169","url":null,"abstract":"An agreement can be born not enough just by the will; the will is not stated according to the theory of statements (verklaring theory). Furthermore, according to the theory of trust (vertrouwens theory), it is argued that the stated will becomes an agreement that can produce an agreement. We attempted to identify the existence of an agreement factoring and transfer of receivables in the practice of factoring transactions that have provided legal protection to the parties in the perspective of consumer protection and the principle of freedom of contract. Here, we conducted a legal analysis on certain legal phenomena in Indonesia related to factoring transaction. The scope of this study was limited to factoring activities of a financing nature, particularly related to the purchase and transfer of receivables in factoring transactions in Indonesia (domestic factoring). Philosophical issues related to factoring transactions, where factoring is an institution adopted from the British legal system and the American legal system (common law), influenced by the understanding and principles of materialism, individualism and liberalism, while the Indonesian legal system is based on Pancasila, based on the principles of God, kinship, togetherness and mutual cooperation, balance, and responsible freedom. In our analysis, we found that the process of making the agreement is prepared and determined unilaterally by the factor by providing a very minimal portion for the client to negotiate. Thus, the factoring agreement does not fulfill the principle of balance and the principle of freedom of contract.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44203477","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Immunity of the Administration of State Financial Policy and Financial Stability System in Emergency 国家金融政策管理的豁免与金融稳定体系

Yuridika Pub Date : 2022-03-01 DOI: 10.20473/ydk.v37i1.34595

I. M. Suwarjana

引用次数: 0