Veteran Law Review
The aims of this journal is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Adat Law, Environmental Law and another section related contemporary issues in law.
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<![CDATA[PENEGAKAN HUKUM LALU LINTAS JALAN SECARA ELEKTRONIK SEBAGAI WUJUD PEMBANGUNAN HUKUM WILAYAH HUKUM JAKARTA SELATAN ]]>
<![CDATA[Sekar Putri Nindyaningrum]]>;
<![CDATA[Gayo, Sabela]]>;
<![CDATA[Hakim, Lukman]]>
<![CDATA[ Veteran Law Review Vol 6 No 2 (2023): November 2023 ]]>
Publisher : <![CDATA[Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta ]]>
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DOI: 10.35586/velrev.v6i2.6232
<![CDATA[This research will focus on discussing the use of ETLE technology in the digital era in optimizing law enforcement in the traffic sector in order to reduce the number of traffic violations that occur today. Through the use of ETLE technology, it will be easier for the Traffic Unit to carry out its duties in the traffic field. The research method used is empirical juridical legal research. The research is descriptive analytical. The results showed that the problem in this study refers to the number of traffic violations that occurred in Indonesia in 2022, especially in the South Jakarta Legal Area. It was recorded that in 2022, the prosecution of traffic violations amounted to 57,756, compared to 29,349 in 2021. Although traffic law arrangements have been updated, there are still many traffic violations that occur. In the implementation of ETLE at the South Jakarta Metro Police, it has proven effective in catching traffic violators, but there are several obstacles in its implementation. Such as the weakness of the E-TLE camera, besides that the ticket sanctions are also not on target where the ETLE work mechanism raises the possibility that traffic violators are not motor vehicle owners, while the ticket will be sent with the database of motor vehicle owners in the motor vehicle registration and identification database.]]>
<![CDATA[PENDEKATAN HUKUM PIDANA TERHADAP KEPEMILIKAN TANAH ABSENTEE SEBAGAI BENTUK PERLINDUNGAN HUKUM OLEH NEGARA ]]>
<![CDATA[Nainggolan, Samuel Dharma Putra]]>;
<![CDATA[Negara, Dharma Setiawan]]>
<![CDATA[ Veteran Law Review Vol 6 No 2 (2023): November 2023 ]]>
Publisher : <![CDATA[Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta ]]>
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DOI: 10.35586/velrev.v6i2.6351
<![CDATA[The enactment of the Basic Agrarian Law (UUPA) has changed the constellation of land in Indonesia. The spirit of anti-colonialism is eliminated as much as possible in the regulation of land in Indonesia. There is land that functions as agricultural land that is owned by parties who do not even live where the land is located, known as Absentee. This can hurt the spirit of the UUPA which wants to protect land ownership by indigenous people who live where the land is located. It is felt that the criminal law approach needs to be considered in an effort to protect the spirit of the BAL, in this case absentee land ownership. This legal research is normative legal research using a statutory approach, a conceptual approach that aims to analyze the criminal law approach to absentee land ownership in realizing social justice for all Indonesian people.]]>
<![CDATA[PENANGGULANGAN TINDAK PIDANA YANG DILAKUKAN OLEH WANITA DALAM PEREDARAN NARKOTIKA: (Studi di Polres Demak) ]]>
<![CDATA[Arifin]]>;
<![CDATA[Wibawa, Iskandar]]>
<![CDATA[ Veteran Law Review Vol 6 No 2 (2023): November 2023 ]]>
Publisher : <![CDATA[Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta ]]>
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DOI: 10.35586/velrev.v6i2.6382
<![CDATA[Based on data from the Demak Detective Police in 2023, it appears that there is a decrease in female suspects who are narcotics cases at the Demak Police Station, indicating that the prevention measures are optimal, but on the other hand it needs to be analyzed whether it has been optimally carried out by law enforcers and whether it is due to the imposition of penalties on users and dealers who are appropriate, or because of special guidance / handling. The research method used is empirical juridical legal research. The results of the research of Demak Police have carried out the right criminal law policy, which includes what actions should be made a criminal offense and what sanctions should be given to the violator. So it can be concluded that law enforcement against narcotics crimes committed by women in the Demak Police jurisdiction, namely First, is to start from preventive measures (preventive) and secondly by repressive means if the preventive method is unsuccessful which is the core of the duties and authority of the police as law enforcers in their capacity as investigators. And there is no difference (all the same) law enforcement between abuse committed by men or women, both dealers, dealers / couriers and users, but the same treatment in terms of investigation. The only difference is when the search of the female body is carried out by the female police.]]>
<![CDATA[Partisipasi Masyarakat dalam Proses Pembentukan KUHP Nasional untuk Mewujudkan Negara Kesejahteraan sebagai Hukum Responsif ]]>
<![CDATA[Lawrencya, Sheryn]]>;
<![CDATA[Anisa, Tasya]]>
<![CDATA[ Veteran Law Review Vol 6 No 2 (2023): November 2023 ]]>
Publisher : <![CDATA[Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta ]]>
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DOI: 10.35586/velrev.v6i2.6383
<![CDATA[The formation of legal products becomes a necessity in responding to the interests of society. The formation of regulations determines whether they are able to distribute comfort and welfare to the community or cause conflict. Get aspirations and agreements from the community is a form of responsive law. The participation of all elements of society is important in the process of producing legal products, especially the National Criminal Code which has been drafted since 1963, but there are still many controversial articles and cause debate in society. This writing uses research methods and data collection techniques in a normative juridical way to find better law and offer solutions to legal problems, by descriptive critical analysis with document study. DPR as the representative of the society has an important role in accommodating and following up on the aspirations of the society. Able to recognize the public's desire to realize the concept of a welfare state and responsive law. Further evaluation needs to be carried out in the legislative process by including the aspirations of the society.]]>
<![CDATA[Corporate Crime in Smuggling Illegal Foreign Workers in Indonesia ]]>
<![CDATA[Fitri Yanni]]>;
<![CDATA[Zulyadi, Rizkan]]>;
<![CDATA[Syaputra, M. Yusrizal Adi]]>
<![CDATA[ Veteran Law Review Vol 6 No 2 (2023): November 2023 ]]>
Publisher : <![CDATA[Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta ]]>
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DOI: 10.35586/velrev.v6i2.6390
<![CDATA[The globalization era facilitates the mobilization of workers across borders, resulting in the influx of foreign workers (TKA) into Indonesia. The employment of TKA aligns with the nation's goals of enhancing investments, technology transfers, and expertise to Indonesian Citizen Workers (TKI) while broadening employment prospects. Per the Job Creation Law No.11 of 2020, Article 45 paragraph (1) stresses the necessity of assigning TKI as companions for foreign workers. This mandate emphasizes training to facilitate technology and skill transfer from foreign workers to TKI companions. Employing the standard legal approach, this study aims to evolve legal theories through a rigorous scientific process. It involves scrutinizing legal documents to explore the regulatory framework and theories relevant to contemporary issues. Utilizing a descriptive analytical method, this research interprets and correlates legal statutes and theories with present concerns. Findings, employing a deductive approach, point to the classification of illegal foreign workers and the necessary sanctions for companies involved in illegal labor trafficking. Illegal foreign workers breach migration regulations, while companies partaking in unlawful labor trafficking face stringent penalties like imprisonment, fines, and license revocation. This study underlines the imperative to enforce legal measures to curb illegal labor practices and protect the nation's labor integrity.]]>
<![CDATA[Optimizing Legal Strategies: Combating Corruption through Anti-Corruption Education in Universities ]]>
<![CDATA[Ginanjar, Denda]]>;
<![CDATA[Purnama, Wandra Wardiansha]]>
<![CDATA[ Veteran Law Review Vol 6 No 2 (2023): November 2023 ]]>
Publisher : <![CDATA[Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta ]]>
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DOI: 10.35586/velrev.v6i2.6477
<![CDATA[This research proposes an innovative approach to combating corruption, through anti-corruption education within the university environment. Given the increasing cases of corruption in Indonesia, a preventive approach through education is essential in cultivating a generation that is aware of the negative consequences of corruption. The methodology employed is normative research with a legal and literature analysis approach. The analysis results indicate that anti-corruption education in universities holds significant potential in shaping anti-corruption attitudes and values among students. This finding underscores the urgency of integrating courses that examine corruption issues and ethics into university curricula. Based on these findings, the legal strategy of anti-corruption education in universities plays a significant role in reducing corrupt practices. Strengthening educational content that fosters anti-corruption awareness, along with active collaboration among educational institutions, the government, and society, is considered necessary for implementing this strategy.]]>
<![CDATA[PENCANTUMAN KLAUSULA EKSONERASI DALAM PERJANJIAN SEBAGAI PERBUATAN MELAWAN HUKUM : (STUDI PUTUSAN NOMOR 930 K/PDT/2019) ]]>
<![CDATA[Wilsin Lucianto]]>
<![CDATA[ Veteran Law Review Vol 6 No 2 (2023): November 2023 ]]>
Publisher : <![CDATA[Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta ]]>
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DOI: 10.35586/velrev.v6i2.6489
<![CDATA[In Decision Number 898/Pdt.G/2016/PN.Jkt.Sel, ruled that the Plaintiff's lawsuit was vague and unacceptable because it had confused default with tort claims. Meanwhile, at the appeal level of the Decision, the Jakarta High Court through Decision Number 164/Pdt/2018/PT.DKI. which was upheld at the cassation level through Decision Number 930 K/PDT/2019, granted the cancellation of the exoneration clause on the grounds of default and not on the basis of tort. So it is interesting to discuss the inclusion of an exoneration clause in an agreement as a tort. To answer this, the research method used is juridical-normative legal research. The results of the study show that in applying for the cancellation of the exoneration clause through a tort lawsuit, in the posita section of the lawsuit the plaintiff must first describe the elements of a tort as follows: Unlawful Act, Fault, Loss and. Regarding the stipulation of the exoneration clause in the Agreement, the Panel of Judges in Decision Number 930 K/Pdt/2019 erred in their consideration that the exoneration clause that had been made in a standard manner by the Defendant which excluded or released the Defendant from claims and/or responsibilities was declared invalid. This is because if the Defendant did not want to accept the Plaintiff's claim, the Defendant should have made such a selection by requiring the Plaintiff to undergo a medical check-up first. Without a medical check-up, then when the Plaintiff suddenly became ill and the Defendant did not want to cover it, it can be interpreted that the Defendant did not act in good faith and committed an unlawful act rather than a default.]]>
<![CDATA[The Relationship Between Adat Law & National Law on Marriage in Indonesia ]]>
<![CDATA[Kusumo, Vonny Kristanti]]>
<![CDATA[ Veteran Law Review Vol 6 No 2 (2023): November 2023 ]]>
Publisher : <![CDATA[Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta ]]>
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DOI: 10.35586/velrev.v6i2.6553
<![CDATA[Indonesia is an archipelagic country that has a pluralistic society consisting of diverse ethnicities, customs and cultures. Each group lives by using rules nor established good norms written or unwritten and originating from habit Indonesian society or the customs in which it is used to regulate life behavior _ society , which is often referred to as "customary" or "customary law". As a country in the form of a republic , Indonesia is regulated by law in statutory regulations , where these statutory regulations are written laws. To carry out a marriage, for a country and nation like Indonesia it is It is absolute that there is a National Marriage Law that also accommodates principles and provide a legal basis for marriage which has been the guideline and has been applied to various groups in society us . But marriage in Indonesia can also be carried out with the customary law of certain indigenous communities in accordance with the rules or norms that bind them hereditary.]]>
<![CDATA[KEBIJAKAN HUKUM PERTAMBANGAN YANG BERKEADILAN BAGI INVESTOR ATAS PENCABUTAN IZIN SEPIHAK OLEH PEMERINTAH PASCA BERLAKUNYA UU NO 3 TAHUN 2020 ]]>
<![CDATA[Velinka Permatasari]]>
<![CDATA[ Veteran Law Review Vol 6 No 2 (2023): November 2023 ]]>
Publisher : <![CDATA[Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta ]]>
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DOI: 10.35586/velrev.v6i2.6642
<![CDATA[This research will emphasize the discussion of the Government must be fair in its attitude and provide convenience for all legal subjects, including investors who are trying to obtain their rights in running a business. However, this is not reflected in the attitude of the Government or BKPM which revokes mining licenses to business actors without any clarity. As in Decision Number 215/G/2022/PTUN.JKT. The research method used is normative legal research. The results showed that IUP revocation is the last resort for companies that have been manifestly unable to fulfill their legal obligations, after being given warning sanctions and termination of exploration activities / production operations either partially or completely. As for the procedure for revocation of IUP, IUP cannot be immediately revoked without going through the procedure of written warning and temporary suspension first, which is also regulated in Article 188 of PP 96 of 2021. In the case of the State Administrative Court Decision No. 215/G/2022/PTUN.JKT, it is known that BKPM issued a Decree of Revocation of Permit of the Government of the Republic of Indonesia Number 20220218-01- 35400 regarding the Revocation of Mining Business License to PT Megatop Inti Selaras without a warning letter for 3 (three) times as regulated in Article 186. The actions taken by the BKPM are not in line with Article 183 of Government Regulation No. 96 of 2021.]]>
<![CDATA[Inggris ]]>
<![CDATA[Kholiq, Abdul]]>
<![CDATA[ Veteran Law Review Vol 6 No 2 (2023): November 2023 ]]>
Publisher : <![CDATA[Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta ]]>
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DOI: 10.35586/velrev.v6i2.6713
<![CDATA[In practice of criminal justice system, a judge plays a fundamental role in making decision that will be imposed on the defendant. The Law on Judicial Power requires judges to widely disclose information and opinions from various groups and public participation. Amicus curiae concept is a mechanism that permits third parties who believe they are interested in a particular criminal case. However, the existence of amicus curiae in positive law has not been regulated explicitly or formally to explain how it is applied in criminal justice. While the judge plays a part in delivering a verdict on the defendant, it is anticipated to be founded on legal principles and a commitment of substantive public justice. This study employs a normative juridical research approach, utilizing secondary data acquired through library research and analyzed using qualitative methods and presented in a descriptive and explanatory format. The findings of this investigation that the position of amicus curiae can be known as stipulated in Article 5, paragraph (1) of the Judicial Power Act. In the application of the judge's decision to realize substantive justice, the judge does not only see a settlement in terms of formal law as a form of legal certainty, but the judge must also be able to see aspects of a sense of substantive justice by the expectations of the community as a seeker of justice.]]>
