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All Journal Melintas An International Journal of Philosophy and Religion Veritas et Justitia
Novenanty, Wurianalya Maria
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Religion Arts Humanities Education Languange, Linguistic, Communication & Media Social Sciences

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PEMBATASAN HAK UNTUK MENIKAH ANTARA PEKERJA DALAM SATU PERUSAHAAN Novenanty, Wurianalya Maria
Veritas et Justitia Vol. 2 No. 1 (2016): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v2i1.2066

Abstract

There are a number of corporations or economic entities which enact internal employment regulations prohibiting its employees to inter-marry. Sanction to the violation of this rule is voluntary or forced resignation. It is argued that the ratio legis is to prevent personal conflict of interest, discriminative treatment and incidence of corruption-collusion and nepotism in the work place.  The author shall critically analyze such regulation against the background of the prevailing laws, i.e. the 1945 Constitution, Human Rights laws, Marriage Law (1/1974) and Labor law (13/2003). The author’s main finding is that it is permissible to restrict a person’s right to marry under certain conditions, i.e. in the nation’s interest and public order and that such limitation can only be applied by public corporations working in the public interest.                                                                                                                                                                  Keywords: human rights, marriage, labor, corporations
THE LEGAL ASPECT OF CREDIT WITHOUT COLLATERAL IN INDONESIA (ASPEK HUKUM KREDIT TANPA AGUNAN DI INDONESIA) Novenanty, Wurianalya Maria
Veritas et Justitia Vol. 4 No. 1 (2018): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v4i1.2838

Abstract

Using a legal normative approach,it can be stated that Act no. 10 of 1998 (amending Act No. 7 of 1992 re. Banking), in the event Bank considers loans or other financial schemes application, they are under the obligation, in accordance with Art. 8 of Act  no. 10 of 1998, conduct a thorough analysis of the debtor’s good faith, financial ability and willingness, and on that basis determine the risk of non-payment. In short, implement due care principles. The elucidation of Art. 8 elaborated on the bank’s duties: to decide wisely with due care in order to minimize the risk of default, that is by evaluating debtor’s character, capital in his/her possession, collateral offered, and economical/financial condition.  In legal practice, however, it is possible for Banks to offer loans without collateral. In such case, only two articles of the Indonesian Civil Code (arts. 1131 and 1132) would be applicable to offer protection against possible default. This paper discusses the above legal discrepancy in light of the role and function of collateral as protection against non-payment. 
Between Human Rights and Justice Principle in Children’s Civil Rights Novenanty, Wurianalya Maria
MELINTAS An International Journal of Philosophy and Religion (MIJPR) Vol. 32 No. 2 (2016)
Publisher : Faculty of Philosophy, Parahyangan Catholic University, Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (214.762 KB) | DOI: 10.26593/mel.v32i2.2675.132-147

Abstract

Children’s rights are fundamental in a country. Children are the future generation of a country. They have rights in civil law field. The examples of such rights are the right to have family name, the right to get alimony, and the right to get inheritance from the parents. Indonesian Law Number 1 of 1974 regarding Marriage (Marriage Law) distinguishes the civil rights of legitimate and illegitimate children. In 2010, the Indonesian Constitutional Court produced a decision which became a controversial decision because it was deemed to ‘legalize’ illegitimate child to have the same rights as legitimate child. The reason behind such decision is the human rights which should apply nondiscriminative principle. Some parties disagree with the reasoning behind this decision. They consider the decision unjust and that it violates social and religious norms in giving illegitimate and legitimate children the same rights in spite of the status difference. The author will discuss children’s civil rights based on civil law, human rights, and justice principle in Indonesia.
Perjanjian Baku dalam Dunia Bisnis dikaitkan dengan Hak Asasi Manusia Novenanty, Wurianalya Maria
MELINTAS An International Journal of Philosophy and Religion (MIJPR) Vol. 33 No. 1 (2017)
Publisher : Faculty of Philosophy, Parahyangan Catholic University, Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (741.838 KB) | DOI: 10.26593/mel.v33i1.2955.70-90

Abstract

In business activities, there is a known type of agreement termed as “standard agreement”. This standard agreement is an agreement which is made by only one of the parties involved, and the counterparty is not in the position to bargain with regards to the content of the agreement. The counterparty solely accepts the predetermined terms and conditions in such agreement. Here this kind of agreement indicates that there is inequality of positions between the parties, which is contrary to the principle that “all human beings are equal”, the fundamental principle as the source of human rights. Human rights are carried by each person since birth, and such basic rights are equally owned and must be respected by others. However, in business contexts, efectivity and efficiency are highly considered in running the businesses, and human rights tend to be ignored whether undeliberately or deliberately. This article finds it imperative to analyse the standard agreement in Indonesia in the light of civil law and human rights law. The resulting contracts should contain the distribution of rights and obligations between the parties involved. And to produce a proper contract, business executives are the first to get a complete understanding of how to make their business in accordance with human rights.
HYSTERECTOMY IN PREGNANT WOMEN WITH UTERINE CANCER: AN ANALYSIS UNDER INDONESIAN HEALTH LAW AND UNESCO BIOETHICAL PRINCIPLES Novenanty, Wurianalya Maria; Innaka, R. A. Antari; Hernawan, Ari
Veritas et Justitia Vol. 11 No. 1 (2025): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/426dp460

Abstract

Uterine cancer is commonly treated through hysterectomy, the surgical removal of the uterus. This research examines the legality and bioethical implications of performing a hysterectomy on a pregnant uterine cancer patient, focusing on Indonesian health law and UNESCO Universal Declaration on Bioethics and Human Rights to evaluate whether conducting a hysterectomy on a pregnant uterine cancer patient aligns with Indonesia’s health laws and bioethical principles established by UNESCO. Findings indicate that Indonesian health law does not specifically regulate hysterectomies performed on pregnant uterine cancer patients. However, the law does address abortion in cases of medical emergencies, although Law No. 1 of 2023 lacks detailed criteria for what constitutes such emergencies. Under human rights law, the right to life is non-derogable, both the mother and the fetus (if legally recognized as a child) are entitled to this right. Nonetheless, based on the principles of bioethics, particularly autonomy, beneficence, and non-maleficence, the right to life of the pregnant woman may take precedence, provided she is fully informed, mentally competent, and voluntarily consents to the procedure. In light of these considerations, it is imperative for Indonesia to enact legislation that clearly governs hysterectomy procedures for pregnant cancer patients and to define medical emergencies and the legal status of the fetus more explicitly. Such legal clarity is essential to ensure the consistent protection and promotion of human rights within the Indonesian healthcare system.
Co-Authors Ari Hernawan R. A. Antari Innaka