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All Journal Brawijaya Law Journal : Journal of Legal Studies Yuridika
Yuniarti
Fakultas Hukum Universitas Airlangga
Law, Crime, Criminology & Criminal Justice

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IMPLEMENTASI PRINSIP TRANSPARANSI MELALUI PERATURAN PRESIDEN NO. 26 TAHUN 2010 PADA INDUSTRI EKSTRAKTIF Dian Purnama Anugerah; Yuniarti Yuniarti
Yuridika Vol. 25 No. 1 (2010): Volume 25 Nomor 1 Januari 2010
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (429.785 KB) | DOI: 10.20473/ydk.v25i1.184

Abstract

Ekstraktive Industry is a major industry that support Indonesia’s national income. The monitoring system of ekstraktive industry should be based on good corporate governance and transparency principle. This is due to the regulation of mining law and the Investment Law in Indonesia. This Principle encourage Indonesia to be one of EITI members, through its participation in this organization, ekstraktive Industry in Indonesia were expected to maintain Indonesian welfare, as says in the constitution.
PRINSIP PROPORSIONALITAS DAN GOVERNANCE TERHADAP ALOKASI DAN TRANSFER RISIKO DALAM SKEMA KERJASAMA PUBLIC-PRIVATE PARTNERSHIP (PPP) yuniarti yuniarti; Fifi Junita
Yuridika Vol. 32 No. 3 (2017): Volume 32 No 3 September 2017
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (350.038 KB) | DOI: 10.20473/ydk.v32i3.4633

Abstract

The high level of Foreign Direct Investment (FDI) is also supported by the availability of infrastructure to the remote area where the investment will be implemented. However, with limited funds from both APBN and APBD, infrastructure development can not be fully done by the government. Therefore, the government will cooperate with the investor (private) in the implementation of infrastructure development known as public private partnership. The main problem in implementing PPP is the allocation of risk to PPP projects. The different bargaining positions between the government and the private sector resulted in the fact that most of them impose risks on private parties (private). Implementation of PPP is closely related to the emergence of various risks including and not limited to regulatory risks, force majeure, etc. If there is no risk allocation arrangement proportionally based on governance principles, it weakens the pattern of PPP cooperation in Indonesia. PPP as one form of risk sharing in infrastructure investment should not release the role and government support to private parties / investors. Even in practice, PPP implementation in Indonesia only relies on BOT (Build Operate and Transfer) scheme which is expected to minimize government support in project implementation. This will ultimately lead to project failure.
The Foreign Direct Investment Policy Which Reflects the Proportional Protection Yuniarti Yuniarti; Muchammad Zaidun
Yuridika Vol. 34 No. 2 (2019): Volume 34 No 2 May 2019
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (357.486 KB) | DOI: 10.20473/ydk.v34i2.13233

Abstract

Investment law is an urgently required regulation to regulate an investment activity. Hence the formulation within those laws has not yet provided a balance protection for all parties; those are the home countries, host countries and investors. The investment law itself regulate by 3 different kinds of laws, that is the customary international law, national law and contract law. Regulating investment activities in host states will have to consider the customary international law, as the international framework. This law is applicable due to the different jusrisdiction involved within the business activities. Indonesia investment law regulation firstly introduced by law number 1/1967 concerning foreign direct investment. Subsequently, it was amended by law number 25/2007 concerning Investment Law. However, some research has to be carried out regarding the protection of the parties. This research analysed the principle of proportionality interest protection to provide a fair protection of parties. Eventually, the protection of the state as host country and investors as the alien in host country.This research is a normative legal research, which use statute approach, historical approach and conceptual approach to determine the principle that could be used to maximize the protection of actors within the investment activities in Indonesia.
Investor Legitimate Expectation and Indirect Expropriation in Domestic Regulation Concerning the Application of Domestic Raw Application Muchammad Zaidun; Yuniarti; Widhayani Dian Pawestri
Yuridika Vol. 37 No. 2 (2022): Volume 37 No 2 May 2022
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v37i2.36278

Abstract

Law No 11/2020 concerning Job Creation (Omnibus Law’) mandates the use of domestic raw materials for all industries in Indonesia. Following the passage of the Omnibus Law, Indonesia issued Government Regulation No 28/2021 concerning Industrial Management and Presidential Regulation No 12/2021 concerning the amendment of Presidential Regulation No 16/2018 concerning Government Procurement of Goods and Services. Both regulations oblige all industries in Indonesia to use domestic raw materials pursuant to the Omnibus Law. In investment law, this kind of policy could lead to indirect expropriation because when an investor makes an investment in a host country, the raw material and machines for production might come from their home state or other states. Furthermore, a public-private partnership contract with investors funding infrastructure projects for at least 50 years using materials agreed upon in advance will lead to indirect expropriation. The method used in this research was legal research theory with statute and conceptual approaches. From this research, the policy of the Indonesian government can be described as indirect expropriation because the regulation is effective and enforced.
INTERNATIONALLY LEGAL MEASURES TO COMBAT TERRORIST FINANCING Yuniarti Yuniarti
Brawijaya Law Journal : Journal of Legal Studies Vol. 1 No. 1 (2014): Legal and Development
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2014.001.01.04

Abstract

Following the terrorist attacks in the USA on September 11th, 2001, it was discovered that money laundering was a significant source of finance for terrorists. Although, the amount of money that involve is not as involve as in drug and gun trafficking, terrorist financing had been the most important substance to be monitor. Further, various legal measures have been taken internationally in order to combat terrorist financing. This research analyses the legal measures that have been taken internationally and at EU level to combat terrorist financing.
Co-Authors Dian Purnama Anugerah Fifi Junita Muchammad Zaidun Widhayani Dian