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INDONESIA
Yuridika
Published by Universitas Airlangga
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Core Subject : Social,
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Articles 340 Documents
Artifical Intelligence as Disruption Factor in the Civil Law: Impact of the use of Artifical Intelligence in Liability, Contracting, Competition Law and Consumer Protection with Particular Reference to the German and Indonesian Legal Situation Koos, Stefan
Yuridika Vol. 36 No. 1 (2021): Volume 36 No 1 January 2021
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v36i1.24033

Abstract

The Article describes the impact of artificial intelligence in different areas of the civil law, namely tort law, contract law, antitrust law and consumer protection law. It shows that the use of artificial intelligence already leads to legal constellations, which cannot longer easily subsumized under elementary terms of the civil law and therefore cause a real disruption in the civil law. Terms, which are based on a freedom concept of the subjective rights of the actors, such as private autonomy and contractual will not fit anymore to the activity of artificial intelligence systems the more those systems are able to act independant of human actors. Similar applies to terms which are referring to the freedom of decision like the market behaviour in the competition law. The article discusses several solution approaches, such as personification approches, agent-principal approaches and the definition of new categories of market and contractual acting. In the consumer protection the special focus in the future legal development will be on the problem how to achieve adequate, though not overflowing, transparency for consumers, especially regarding the combination of big data and algorithms.
Dutch White Trash: A Phoenix Without Ashes. What Happened to the Emperor’s Old Clothes? Baart, Rogier I.C.; Jansen, Bart; Bosman, Martine
Yuridika Vol. 34 No. 3 (2019): Volume 34 No 3 September 2019
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v34i3.14951

Abstract

In the Dutch capitalistic consumer society, things are not made to stand the test of time, but to be replaced by other things within the foreseeable future. They are made to be thrown away, and quite often as quickly as possible, because it is this characteristic that guarantees a new purchase. In this contribution the authors will focus on a white T-shirt. The main questions are: What is the current practice in the Netherlands regarding the disposal, separation, reusing, and recycling of this Dutch white trash and how does the legal framework regulate the matter of RMG waste?.
Insurance Construction Services In Infrastructure Development Azizi, Dimas Aulia
Yuridika Vol. 35 No. 2 (2020): Volume 35 No 2 May 2020
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v35i2.16880

Abstract

The Construction Services Insurance Agreement has an important role in infrastructure development in Indonesia. It is considering that at present, the Indonesian government is very active in building infrastructure in various corners of the region in the framework of equitable economic stability. The guarantor, in this case, the insurance company provides guarantees in terms of planning up to maintenance. Or before construction up to post-development within a certain period. Insurance agreements made with a variety of considerations, including; protect national interests, avoid contractors who default or have bad intentions, geographical factors in an area, and so forth. But on the other hand, it also to protect the interests of contractors or construction service providers (the insured). For this research, the focus is on the accountability of construction service providers as consumers of insurance companies because construction service providers require insurance companies to transfer some of the risks while carrying out development projects. If in the course of the project an undesirable event occurs starting from the collapse of the building, damage to heavy equipment and so on, which fall within the scope of the object of the insurance agreement, the construction service provider can file a claim against the insurance company to compensate the loss suffered by the construction service provider. Thus it is necessary to analyze the legal relationships and procedures between construction service providers and insurance companies related to infrastructure development. In analyzing and answer the legal issues above, the research methods used are the statute approach (based on applicable laws). And the conceptual approach (based on legal concepts or theories from legal experts).
When Mother Earth Begged for Research: An Indexation of Social and Environmental Hotspots Lambooy, Tineke Elisabeth; Jansen, Bart; Bosman, Martine
Yuridika Vol. 34 No. 3 (2019): Volume 34 No 3 September 2019
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v34i3.14933

Abstract

This editorial paper is an introduction to the special Yuridika edition about the ‘Sustainable Market Actors for Responsible Trade’ project (SMART). SMART identifies the areas in which companies and other market players can realise their unfulfilled potential to contribute in their own way to development friendly, environmentally friendly, and socially sustainable business, trade, and investment. SMART creates more awareness on how nondevelopment policies and regulations reinforce or undermine EU development policies. The research presented in this special Yuridika edition aims to find these legal means to reduce the gap between law and reality. In this Editorial, the various contributions to this special edition of the journal Yuridika will be introduced
Legal Protection for Justice Collaborators in Indonesia’s Criminal Judiciary System Hidayatullah, Hidayatullah
Yuridika Vol. 35 No. 2 (2020): Volume 35 No 2 May 2020
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v35i2.16879

Abstract

One way to assist law enforces to prevent and combat crime is to involve justice collaborators. Justice collaborators are crucial in assisting law enforcers to expose perpetrators of organized crime as well as transnational crimes. The lack of a legal regime that provides rights to a justice collaborator will impact the interest of a person to become a justice collaborator. Legal protection for justice collaborators must also include protection to his/her family both physically and psychologically. One method of appreciation that can be given to justice collaborators is through the special treatment of criminal offences. One form of special treatment in regards to criminal cases involving justice collaborators within the criminal judiciary may utilize the plea bargaining approach as a method of legal protection towards justice collaborators. To make more efficient the process of determining criminal sanctions to justice collaborators will contribute to the legal certainties owed to justice collaborates as a rightful reward of their contribution in extraordinary crimes. The criminal judicial system that utilized the plea bargaining approach for justice collaborators has the advantage of the absence of criminal examinations.
The Influence of International Tax Policy on the Indonesian Tax Law Anggia, Putri
Yuridika Vol. 35 No. 2 (2020): Volume 35 No 2 May 2020
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v35i2.16873

Abstract

By 2012, the Indonesia government had validated Law Number 9 of 2017. One of the content is finance information government access to the customer bank and to the taxpayer. The government has considerations. First of all, Government will be open the access limitation of banking automatically that is necessary for taxation. The second, Indonesia has committed to international agreements of taxation which is obliged to fulfill the commitment. The commitment is to participate in implementing Automatic Exchange of Account Information (AEOI). Based on the policy, several managements and flow process around the banking area changed. Moreover as the customer bank are affected. The registration for the customer bank have been starting since 2018. By the earlier 2019, the progress of the administration needed to be checked and to be evaluated. This paper tries to discuss this issue based on the academic point of view. Data were obtained through library research. The library research was done by documentary study by collecting and analyzing selected laws and regulations, books, articles, journals and other documents which were relevant to the research. All datas were analyzed qualitavely. The implication of this research brings up a new idea about the theory of bank secrets. Initially, it is consisted of two theories, namely are absolute and relative. Despite of the two, there is a big affect in theory and academic knowledge about the validation of the agreement Indonesia government.
Indonesia’s Patent Policy on the Protection of Genetic Resources related Traditional Knowledge; Is it a Synergy to Fulfill the TRIPs agreement and CBD Compliance? Barizah, Nurul
Yuridika Vol. 35 No. 2 (2020): Volume 35 No 2 May 2020
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v35i2.16891

Abstract

This research analyses the compatibility of Indonesian Patent Act with the Trade related Aspect of Intellectual Property Rights (TRIPs) Agreement and the Convention on Biological Diversity (CBD) dealing with Genetic Resources Related to Traditional Knowledge (GRTK). The focus this analyses on whether the new Indonesian Patent Act provides a clear policy on the protection of GRTKF and the development of the biotechnology in Indonesia, particularly on the patentability of genetic resources related inventions, including genes patent. This research found that the new Indonesian Patent Act on GRTK is not only to synergise between the TRIPs Agreement obligation and the CBD compliance, but also adopted patent policies derived from other developed countries particularly in examining the patentability thresholds and exceptions from patentability. Even, in the context of patentability of living organisms, Indonesia adopts a very liberal approach compared to most industrialised countries. This research advises that Indonesian patent policy on GRTK should take into account the richness of this country on biodiversity and the level of biotechnology industry development.
The Difference in Meaning for the Dismissal of Charges, Postponement of Charges and Waiver of Dispute Wallad, Adi Al Fatah
Yuridika Vol. 35 No. 2 (2020): Volume 35 No 2 May 2020
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v35i2.16878

Abstract

The development of the authorities which have the right stop a certain prosecution and case overriding in Indonesia has led to multiple interpretations, especially relating to the policy of the public prosecutor to postpone prosecution on grounds of public interest. Postponement of a prosecution or investigation should not be known in Indonesian criminal procedure law, but this practice is applied several times when it is related to one of the personnel of the KPK. In fact, the Attorney General once issued a decision to set aside the case of Bibit and Chandra after the pretrial ruling stated that the prosecution of the two men was invalid. Some of these problems have led to the blurring of the concept of stopping and delaying the prosecution and overriding of the case. The termination of the prosecution aims to stop the prosecution process while the delay in the prosecution does not stop the prosecution process but rather to delay it for a certain period of time or until the cessation of the commotion in the community and the case overriding aim to provide legal immunity against perpetrators of criminal offenses which should be based on sufficient evidence to be submitted to the court hearing but not submitted on grounds of public interest.
Analysis on the Legal Force of Copyright Registration Document as Evidence of Ownership of Indigenous Land Yonatan, Christina Ella; Nugraha, Xavier
Yuridika Vol. 36 No. 1 (2021): Volume 36 No 1 January 2021
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v36i1.18413

Abstract

Registration of copyright patent or registration is a letter approved and issued by the Ministry of Law and Human Rights for copyright. To protect the rights to indigenous land, the Moi tribal community has registered 2 (two) registrations that have been issued by the Ministry of Law and Human Rights, including 1) Registration of copyright with types of creation: Database and title of work: Results of the Open and Close Tribe Meeting with the head of the Tribe Council of Malamoi Sorong and Indigenous Peoples of the Moi Tribe on the Status of Indigenous Land Ownership in the Sorong City Government Area on behalf of the Malibela Klawalu clan, the Kalagison Milo clan, the Mubalus clan, the Kalawaisa clan, the Bawela Mubalus clan, the Osok Malaimsimsa clan. , Marga Kalami Klaglas Klaglas On 10 April 2013. 2). Letter of Registration of copyright with the type of copyrights: Map of the 7 Boundary of the Moi Indigenous Land Owners in the Sorong City Area. Based on the document, the Moi tribal community used it as a basis to claim the lands in the Sorong City government territory were the indigenous land belonging to the Moi tribe. This study uses a statutory and conceptual approach. The results of this study are that the registration document does not have legal force as evidence to prove ownership of indigenous land rights. A letter of registration remains important if there are legal issues with copyright in the future. The document can be used as initial evidence to determine who has the rights to the subject or the copyright holder or ones who is more entitled to the subject.
Demarcation BUMN: Between Private Laws and Public Laws Cahyani, Indah; Djatmiati, Tatiek Sri
Yuridika Vol. 35 No. 2 (2020): Volume 35 No 2 May 2020
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v35i2.16853

Abstract

The article titled “BUMN between Private Law and Public Law” aims to find the best solution for crossing the position of BUMN that meets in it two different legal regimes namely private law and public law in Indonesia. Until now it has not been found yet, the most appropriate measure to differentiate BUMN/BUMD is subject to state finance or whether it is subject to the private financial system. Law Number 17 of 2003 concerning state finance has a strong public law nuance representing Hobbes's thinking, while Law Number 19 of 2003 concerning BUMN is stronger in the spirit of private law which represents Grotius' ideas, the problem that arises, namely how to resolve the law dogmatically fairly between the two laws that contain the opposite spirit. The article uses normative legal research methods with a conceptual approach, a statutes approach and a legal case approach. This research resulted in recommendations for the use of legal philosophy as a meta theory for legal theory to be the settlement of the meeting point to find an equilibrium that fulfills a sense of justice.

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