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Yuridika
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This is an Open Access Journal

Open Access journal
ISSN (Print) 0215-840X - ISSN (Online) 2528-3103
Published by Universitas Airlangga

[54 journals]

The Legal and Moral Principles as Guidelines for Carrying Out Official
Duties
- Authors: Aries Saputro, Radian Salman
  Pages: 127 - 152
  Abstract: Law and morals are related as an ideal value in the formation of law, because morals are considered universal values that should ideally characterize every legal formation, with the hope that morality in the law can produce good behavior for legal subjects and objects. These morals and laws are in our administrative law, in this case the executive. The problem that is difficult to solve is the problem of corruption, where the act is legally and morally not good or wrong. Anti-corruption regulations are in place and the establishment of the Corruption Eradication Commission reveals that the problem of corruption in our country is not resolved and is even more systematic. Ideally, with the advancement of civilization and the strengthening of moral values as the basis for rules, corruption will decrease to its lowest point from year to year as a government develops. Then, if this law represents a moral value, then the court decision, which is the law, can also contain moral values. As an example also regarding court decisions by state administration officials that are not implemented voluntarily, this can be equated with blatant disobedience to the law making state administration officials arrogant. Normative juridical analysis used in research includes legal and regulatory theory. Therefore, in order to achieve conformity regarding the morals and behavior of state officials in carrying out their duties, there is a close connection between the bad morals of state officials and behavior that violates the law. The good morals of state officials will make the behavior of state officials high and far from breaking the law.
  PubDate: 2024-05-17
  DOI: 10.20473/ydk.v39i2.50496
  Issue No: Vol. 39, No. 2 (2024)
The Income Tax of Breadwinner Wives in Indonesia: Law and Economics
Approach
- Authors: Arvie Johan
  Pages: 153 - 180
  Abstract: The inequality of employment opportunities between women and men in Indonesia is quite worrying: the low employment of women, the low income of women, the minimum number of women who reach the top of their careers, and the majority of women are positioned as housekeepers. Inequality attracts the issue of income tax of breadwinner wives. The income tax regulations already accommodate equality between men and women, but various groups including the Indonesia Minister of Finance consider this regulation to be insufficient. This article analyzes imposition of income tax on women in relation to the discrepancies of breadwinner roles between women and men. This article applies a law and economics approach, focusing on the importance of efficiency in order to maintain gender-neutral equality. The result, is that the approach in the context of income tax is applicable in Indonesia by introducing the concept of imputed income based on provincial minimum wage, and by applying lower tax income rate for breadwinner wives. The introduction of imputed income based on provincial minimum wage requires regulatory support from the national social security system in order to include non-wage workers. This article concludes that the key to solving inequality problem in income tax regulation is the parity in price or value between husbands and wives, either in the role of homemaker or breadwinner. As suggestion, imputed income must be complemented with the imposition of lower rates on the income of working wives, as the roles of husbands as breadwinner and wives as breadwinner are in close substitution. Consequently, the bargaining power of wives for the role of breadwinners is stronger.
  PubDate: 2024-05-17
  DOI: 10.20473/ydk.v39i2.49979
  Issue No: Vol. 39, No. 2 (2024)
Legal Protection for Third Parties in Good Faith on Actio Pauliana
Litigation in Bankruptcy Proceedings
- Authors: I Nyoman Wiguna, Laila Maghfira Andaretna, Michael Christian Budianto, Tanaya Anindhita Vala
  Pages: 181 - 210
  Abstract: Actio Pauliana in bankruptcy, as stipulated under Law Number 37 of 2004, empowers the Curator to seek the annulment of transactions undertaken by the bankrupt debtor, causing harm to the bankrupt estate. Actio Pauliana requires proof that a third party, the debtor's transaction partner is proven to not have acted in good faith, as outlined in the law. However, the legislation lacks clarity on the criteria safeguarding third parties in good faith against Actio Pauliana claims. This research employs a doctrinal research method involving a statute, conceptual, case, and comparative approach. The novelty of this research expounds upon and elucidates the need for amendments to Law Number 37 of 2004, particularly concerning the criteria protecting third parties in good faith. These criteria could be differentiated based on the third parties' position in bankruptcy and the nature of the objects constituting the bankrupt estate, including tangible and intangible movable objects, unregistered objects, immovable objects, and/or registered objects. Furthermore, proposed improvements to the law include refining provisions related to creditors' right to file Actio Pauliana lawsuits, affirming a one-year period rather than a deadline, and addressing timelines within Actio Pauliana lawsuits. Actio Pauliana claims should only be submitted after the debtor's bankruptcy declaration, excluding the Suspension of Debt Payment Obligations (PKPU) process. In conclusion, the research proposes possible solutions, such as the issuance of a Regulation (Perma) or a Circular Letter (SEMA) by the Supreme Court, containing the essential improvements to Law Number 37 of 2004.
  PubDate: 2024-05-17
  DOI: 10.20473/ydk.v39i2.56057
  Issue No: Vol. 39, No. 2 (2024)
Indonesia Merger Control Re-Evaluation : Twenty Years’ Experience In
Legal Limbo
- Authors: Ria Setyawati, Iman Prihandono, Lucianus Budi Kagramanto, Stefan Koos
  Pages: 211 - 230
  Abstract: This paper not only discusses the issue of the approach used, the issue of ex-post and ex-ante merger control regulation usage, issues of conflict of norms, overlapping legal rules, and the existence of legal vacuum which complicates the enforcement of rules regarding merger control in Indonesia. The legal issues examined in this paper concern the characteristics of merger control based on the ratio decidendi of KPPU decisions during the 20 years of enforcing business competition law in Indonesia and the ius constituendum of the ex-ante and ex-post approach. This research is based on normative legal research using a statute approach, conceptual approach, case approach, and comparative approach method. These methods lead to the conclusion of the research, which is, that in the past 20 years, Indonesia has experienced a change in the ex-post merger control approach, resulting in partiality in the articles applied that are not entirely used in KPPU decisions. Furthermore, the idealized rules (ius constituendum) on the control of mergers in Indonesia, outlined in Law No. 5 of 1999, will be examined based on the principles and objectives of competition law enforcement in the country.
  PubDate: 2024-05-17
  DOI: 10.20473/ydk.v39i2.44330
  Issue No: Vol. 39, No. 2 (2024)
Observance of the Legal Choice for the Settlement of Indonesia's Past
Gross Violations of Human Rights
- Authors: I Made Subawa, Bagus Hermanto, Ida Ayu Mas Ratu, Mariko Hattori
  Pages: 231 - 256
  Abstract: Global developments attempt to rectify serious human rights breaches within the context of legal regulations, as well as to build human rights systems and institutions on a national and global scale. However, in Indonesia, the paradigm shift from authoritarianism to democracy leads human rights as one of most important issues faced by the Indonesia government. In the last two decades, the red record in resolving major human rights abuses has not been attained, necessitating a study to evaluate effective legal choices in settlement of the past human rights violations settlement. This paper employed a statutory method, legal concepts, legal cases, and citations. The comparison validates the direction of this paper's research on the dynamics of national legal concerns in the policy of resolving gross human rights abuses and the selection of law that may be employed in effectively resolving major human rights violations in favor of transitional justice. The obtained results and findings show that problems have emerged in policy orientation at the macro, mezzo, and micro policy strata, as well as the need for future direction in the substance of legislation and the enforcement system, both through judicial and extrajudicial channels, against serious human rights violations.
  PubDate: 2024-05-17
  DOI: 10.20473/ydk.v39i2.44828
  Issue No: Vol. 39, No. 2 (2024)
The Human Rights Violation in India’s Hijab Ban and the Need for
Community Advocacy
- Authors: Yordan Gunawan, Ahmad Fahmi Ilham Mulloh, Andi Pramudya Syamsu, Manuel Beltrán Genovés
  Pages: 257 - 278
  Abstract: The Karnataka state government banned the hijab in schools on February 5, 2022, and several women petitioned the Karnataka High Court to overturn it. A panel of three judges concluded on March 15, 2022, that the hijab is not an important Islamic practice. By punishing females for their wardrobe choices, the court stressed conformity above girls' access to education. The hijab prohibition is part of a pattern of discrimination against Muslim women that violates their human rights. With the rise of authoritarianism, a new form of feminism is emerging in which Muslim girls in India are challenging the authorities and resisting asserting their identity and preferences. Previous research has described human rights violations experienced by Indian female students regarding court decisions. Therefore, the purpose of the research is to investigate the human rights violations that have been disclosed as a result of India's hijab ban which employs normative juridical research methodologies. The method refers to a legal research approach that involves the examination of written law from multiple perspectives. The High Court's verdict worsens Muslim girls and women's education-related harassment, trauma, and prejudice. Muslim students removing their hijabs and burqas before entering schools is a difficult topic that requires neutrality. The verdict would affect the Indian Constitution and the Muslim population, especially hijab-wearing women. United Nations (UN) Women has backed all initiatives of India's Ministry of Women and Child Development that seek to advocate for those affected by the hijab ban to promote gender equality and prevent discrimination against women.
  PubDate: 2024-05-17
  DOI: 10.20473/ydk.v39i2.49422
  Issue No: Vol. 39, No. 2 (2024)

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