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Veteran Law Review
Published by Universitas Pembangunan Nasional Veteran Jakarta
ISSN : 26551594     EISSN : 26551608     DOI : -
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
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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Articles 8 Documents
 1 
Search results for , issue "Vol 6 No SpecialIssues (2023): April 2023" : 8 Documents clear
Digitalization of Evidence in the Constitutional Court: Opportunities and Requisite Muhammad Fauzan; Handar Subhandi Bakhtiar
Veteran Law Review Vol 6 No SpecialIssues (2023): April 2023
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v6iSpecialIssues.4791

Abstract

Digitization has spread to people's live, it is also necessary to reform the judiciary for the efficiency and effectiveness of evidence in procedural law. Legalization rather than the use of digitalized evidence is also needed for legal certainty in proceedings. The research method used in this study is a normative legal method with a historical approach and statutory approach. The historical approach is used to analyze the background of constitutional cases in the past and is connected to current conditions related to evidence. A statutory approach is needed to analyze the legality of using digital evidence when taking proceedings at the Constitutional Court. The results of this study are found that the history of constitutional cases that have relevance to the existence of the Constitutional Court is the background for the occurrence of evidence in the institution that guards the constitution. The use of digital evidence has proven necessary to realize the principle of fast, easy and cheap process. In addition, its practical use is only limited to the administrative affairs of the court clerks, not to the evidentiary process in the Procedural Law of the Constitutional Court. So that it is necessary to adapt the court to digitalization to get to the proof stage by carrying out legal formulations in the form of changes to the procedural law of the Constitutional Court which will provide space for evidence in digital form in proceedings at the Constitutional Court.
The General Meeting of Shareholders Based on Notary Rules and Electronic Evidence
Veteran Law Review Vol 6 No SpecialIssues (2023): April 2023
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v6iSpecialIssues.4797

Abstract

The purpose of this study was to analyze an event of the General Meeting of Shareholders (GMS) which was held electronically. The legal status of the minutes of the electronic GMS whether as a legal act, a real act or as a mere fact greatly influences its impact as an authentic deed. This means that a mere fact such as the existence of a piece of land that is flooded, the mental state of a person, cannot be proven by an authentic deed. The results of the legal analysis, the GMS event which was held electronically where the shareholders were not in the same meeting place, but attended based on electronic media, there is still a legal loophole for the shareholders to deny the results of the electronic GMS decision. The research was conducted in a juridical normative manner by reviewing regulations, norms and rules as well as concepts as well as related literature. The conclusion that the electronic GMS event is categorized as a mere fact referring to the Virlijden Rule (made, read and signed by all parties simultaneously at the same time) on the authenticity of the deed, so there is a legal loophole for the meeting participants to deny. The research was conducted using the Virlijden Rule and the Statement of Intention (Wilsverklaring) Rule and also supported by the Deconstruction theory that the interpretation of a text is never single and holds the potential for new and unexpected interpretations. As a legal act from the shareholders for the statement of their will, additional evidence is needed from the shareholders. The meeting participants make separate statements to be submitted electronically to the chairman of the meeting in addition to fingerprints or electronic signatures (e-signature) as regulated in the notary position law.
Law in The Era of Digitalization and Covid-19 Pandemic Dara Puspita Riyawan; Jennifer Clarence; M Raihan S lexmana
Veteran Law Review Vol 6 No SpecialIssues (2023): April 2023
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v6iSpecialIssues.4817

Abstract

Legal developments in Indonesia have an impact on changes in various aspects of the law, such as changes in the form of settlement in the judiciary. Some judicial institutions have indeed implemented a modernization process, but not a few judicial institutions have still used the same litigation method for decades. In the midst of the Covid-19 pandemic, some parts of the justice system experienced an increase in workload, while other parts experienced a decline where there was an increase in requests in the criminal justice sector to consider the repatriation of prisoners in order to reduce the population in prisons. The method used in making the paper entitled "Law in the Era of Digitalization and the Covid-19 Pandemic" is the historical method. This method relies on four activity steps, namely: Data collection (Heuristics), Source criticism (Verification), Interpretation (Interpretation), and Historical Writing (Historyography). The purpose of this journal's research method is to find out the development and application of lawin the digitalization era and after the Covid-19 pandemic. The result of the conclusion of this method is that the Covid-19 pandemic cannot prevent the fairest enforcement of laws. In this digitalization era, remote trials can still be carried out despite the Covid-19 pandemic. In this era of digitalization, it is easier to implement legal processes in Indonesia.
Legal Sociology Approach: A Critical Study on Understanding the Law Kaharuddin Kaharuddin
Veteran Law Review Vol 6 No SpecialIssues (2023): April 2023
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v6iSpecialIssues.4955

Abstract

The need for legal certainty as progress and change in societal life. This article seeks to provide a description of legal practices in society that emphasizes a legal sociology approach to comprehending the laws, whether they are appropriate, different from or even at odds with the laws in the law book, or unwritten laws that are accepted as legitimate by society. This change has continued since antiquity, modern times, and even this age of civility or globalization.  There are many approaches and methods or approaches that can be used in building justice, including in the sociology of law approach.  Studies related to the method approach have recently experienced a dynamic development along with the needs and demands of the community. Theoretical studies and empirical research seek to answer various problems about the effectiveness of the work of law in the entire institutional structure of law in society. This legal sociology approach expects to describes the state of society complete with interrelated social structures and symptoms. It is used because the normative goal of the law is to have a good balance in society, the process of law is in the society itself, thus it can be said that society is the source of law, and the law cannot be separated from the social environment. It emphasizes the study of the relationship between law thinking and its social base and does not see the law as an esoteric area. The study of legal sociology using various approaches may give a positive contribution in understanding and developing law products and build a guaranteed life in accordance with applicable laws and regulations as well as community compliance with the law.
The Development of Procedural Law Through the E-Court System After Pandemic in Indonesia herina wati; Tan Kamello; Marlia Sastro
Veteran Law Review Vol 6 No SpecialIssues (2023): April 2023
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v6iSpecialIssues.4957

Abstract

Technological developments and Covid 19 Pandemic "forced" the Supreme Court (MA) to make breakthrough in procedural law, namely by launching E-Court application, through MA rules Number 3 of 2018 which was exchanged for rules Number 1 of 2019 concerning Case Administration and Trial in E-Courts. E-Court is instrument in court for service of case registration depositing case money to court summons and trial and online delivery of court documents. This study aims to analyze and provide an overview to public of breakthroughs made by the MA for Development of Procedural Law through e-court system. Research method used qualitative research, normative juridical approach. The development of procedural law was initially only intended for registration and examination of civil cases through Supreme Court rules (Perma) No. 3 of 2018 was replaced with Perma No. 1 of 2019 concerning Case Administration and Trial in Electronic Courts. But then e-court is not only for civil cases, it’s also to adjudicate criminal cases with issuance of MA regarding the online criminal trial file Number 4 of 2020. The application for electronic proceedings is an attempt by the Supreme Court to eliminate the obstacles commonly experienced by the judiciary, namely the lack of speed in resolving cases, the difficulty of obtaining data from the court, and the credibility of the integrity of the judiciary, especially judges
Patriarchal Culture, Sexual Violence, and Legal Protection for Women in Indonesia Nurnaningsih Nurnaningsih
Veteran Law Review Vol 6 No SpecialIssues (2023): April 2023
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v6iSpecialIssues.5758

Abstract

Patriarchal culture cannot be separated from women's lives. Male domination over women has become a daily reality in many countries. Patriarchal culture assumes that women are "objects" and men are humans. In this case, men become subjects, and women as objects are regulated by men in various lines of life and culture. The impact of patriarchal culture is to place women who experience sexual violence in a worse position. At the level of the construction of a large Indonesian society that still uses a patriarchal paradigm, women are placed as second-class citizens. As a result, often the statements and reports from women are not heard. A further implication for women victims of sexual violence is that they are re-victimized by society, considered as the party that caused the violence. This article will raise two legal issues related to legal theory and law. The first legal issue in this paper is related to feminist legal theory based on the feminist view that in history, law is to perpetuate the position of women under the subordination of men. After discussing feminist legal theory, the author will discuss the second issue, namely law related to law enforcement in the field of sexual violence and its relation to feminist legal theory. Feminist legal theory is needed in building the basis of statutory norms (legal dogmatics) and the justice system to eliminate all forms of violence, especially sexual violence.
Legal Interpretation of Regulation Law No. 2 of 2012 Concerning Land Acquisition for Development in The Public Interest Nurnaningsih Nurnaningsih
Veteran Law Review Vol 6 No SpecialIssues (2023): April 2023
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v6iSpecialIssues.5761

Abstract

Law No. 2 of 2012 concerning Land Acquisition for Development in the Public Interest (Land Acquisition Law) has been a guideline for the government in conducting land acquisition for more or less 10 years. In the Land Acquisition Law, land allotment for development in the public interest does not include mining as a part of development in the public interest This research aims to analyze and understand the Legal Interpretation of Regulation Law No. 2 of 2012 Concerning Land Acquisition for Development in The Public Interest. The method of this research is library research as a research in literature or an activity to compile information relevant to topic or object of research and received from books, scientific paper, thesis, dissertation, encyclopedia, internet and other resources. The research shows the result is To ensure the availability of land for public interest by taking into account the balance between the interests of development and the interests of the community.
The Simultaneous Vacancy of the Definitive Regent and Vice Regent Positions in Muara Enim and Ogan Komering Ulu dedeng zawawi; Alip D Pratama; Hatta Azzuhri
Veteran Law Review Vol 6 No SpecialIssues (2023): April 2023
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v6iSpecialIssues.5834

Abstract

The condition of a vacancy in the Head of the Region position in a problem that occurred in Muara Enim and Ogan Komering Ulu becomes a unique issue in filling the position because the vacancy happened simultaneously in both the Regent and Vice Regent positions. Currently, in Muara Enim, the position is filled by an Acting Regent (Plt) who was appointed by the Regional People's Representative Council (DPRD) after the Vice Regent's election. However, there is currently a legal challenge in the State Administrative Court (PTUN) regarding the DPRD's appointment decision. For Ogan Komering Ulu Regency, the elected Regent and Vice Regent from the 2020 local elections, Kuryana Azis, passed away shortly after being inaugurated as Regent. Meanwhile, the Vice Regent, who had previously been a corruption defendant, was unable to perform his duties one day after the inauguration. Currently, the Governor has appointed the Head of the Department as the Acting Regent. However, Article 65 paragraphs (5) and (6) of the Local Government Law state that the Secretary of the Region (Sekda) should be the one to carry out the duties as the Acting Regent. "This research aims to provide an answer on the appointment process of the Regent and Vice Regent positions that are vacant simultaneously. This is because the Local Government Law and the Regional Head Election Law only regulate the vacancy of one position, either the Regent or Vice Regent. The method used in this research is a juridical-normative approach, with a combination of legislation analysis, case studies, and comparative approaches. The results of this research show that the appointment of a Substitute Regional Head follows the provisions of Law No. 23 of 2014, Law No. 10 of 2016, and Government Regulation No. 12 of 2018. The position of the Regional Head, Acting Regional Head, Acting Regent, Interim Regent, and Acting Officer is regulated under Law No. 23 of 2014, Law No. 30 of 2014, Law No. 10 of 2016, Government Regulation No. 49 of 2008, and Government Regulation No. 1 of 2018.  

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