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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 10 Documents
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Search results for , issue "Vol 7 No 1 (2024): Mei 2024" : 10 Documents clear
Analysis of the Relationship between the Concept of Onrechtmatige Overheidsdaad and Maladministration Practices in Public Services in Indonesia Pratiwi, Sukmananda Ahya; Arfah, Wahanani Leila; Sianturi, Stefanus
Veteran Law Review Vol 7 No 1 (2024): Mei 2024
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v7i1.5745

Abstract

Effective public service provision is an essential responsibility of government institutions, and it is imperative to ensure that these services operate within the confines of applicable laws and regulations. Maladministration refers to the illegal or deviant practices carried out by government administrators or officials in the provision of public services. This study aims to classify maladministration as an act of illegality by the government, or onrechtmatige overheidsdaad, and examine the government's role in resolving these issues. Normative legal research methods were employed to achieve the study objectives. The findings of this research indicate that maladministration constitutes an unlawful act by state authorities/officials that causes harm to the community. Furthermore, Indonesia, as a state of law, has instituted legal and non-legal measures for resolving these issues.
Hak Keperdataan Anak Warga Negara Indonesia Yang Tergabung Dengan Organisasi Teroris Internasional Muhammad Syam Riva'i; Davilla Prawidya Azaria
Veteran Law Review Vol 7 No 1 (2024): Mei 2024
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v7i1.6387

Abstract

As the defeated Islamic State of Iraq and Syria (ISIS) raises neglected misfortune for Indonesian children whose parents once participated in the organization. Indonesia's Government's decision to repatriate has not yet been fully executed while circulating threatened punishment by the Government to withdraw the nationality of a person involved in ISIS to make it worse. In contrast, international law safeguards civil rights for children despite their status of unwillingly participating in terrorist organizations. Normative juridical research was conducted by taking statutory and conceptual approaches to examine national regulation of children's civil rights legal protection. The result shows that children's civil rights ex-ISIS remain valid as their indivisible fundamental rights while state compliance is necessary. Redefining children's status as children of terrorist network victims is mentioned in Article 59 (2) (k) of Law No. 35/2014 concerning Children's Protection. With a status as a victim, a particular procedure can be executed to restore and safeguard child civil rights. Ministry of Women Empowerment and Child Protection (Kemen PPPA) coordinates with National Counter Terrorism Agency (BNPT) mandates to exercise legal aid to provide education, counselling, rehabilitation, and social assistance.
Rumusan Terminologi Keamanan Maritim Dipandang dari Sisi Partisipasi Masyarakat Pratondo Ario Seno; Firdaus, Elsa Aliya Rizqoh
Veteran Law Review Vol 7 No 1 (2024): Mei 2024
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v7i1.6403

Abstract

There has not been a single concept about maritime security that caused plurality in giving the multi-aspect meaning of maritime security, meanwhile the necessary of maritime security law demands the necessary of a single concept about maritime security. Terminology of maritime security is necessary to arrange master plan in reaching national objective in maritime sector that decided by President Joko Widodo as maritime global fulcrum vision. This research aims to formulate terminology of maritime security by using people participation’s point of view or with the other word to formulate meaning of maritime security participatory. The methods used in this research are qualitative method, normative law method, and legal system method with the result is terminology of maritime security formulated as “realization of people participation by checks and balances principle to uphold law state supremacy in sea region to reach global maritime fulcrum”.
Conditional Release Policy to Resolve Overcapacity in Correctional Institution Dean Anugra, Muhammad; Susanti, Emilia
Veteran Law Review Vol 7 No 1 (2024): Mei 2024
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v7i1.6409

Abstract

As a place to rehabilitate convicts, correctional institutions foster convicts to become better person with a good character, independence, skill, discipline and awareness of the law. This is in accordance with the function of the correctional system which is a system of treatment of convicts, which follows the renewal of prison sentences based on Pancasila and the principles of humanity. The problem is, currently the majority of correctional institutions in Indonesia have over capacity problems. This over capacity has the potential to become various problems. An example is the monitoring and rehabilitation of convicts that doesn't work properly, and even spends a lot of budget on operational costs. The problem of overcapacity which certainly has an impact on various aspects of life in prisons or detention centers which tends to be dysfunctional towards the achievement of correctional goals. The conditional release policy for convicts who prioritizes the principles of rehabilitating can be used as a solution in solving various problems and accommodating legal needs in society. The establishment of this arrangement is also part of an effort to harmonize regulations in order to create a correctional system that is oriented towards protecting human rights in the 1945 Constitution of the Republic of Indonesia.
Perlindungan Hukum terhadap Perempuan Korban Pelecehan Seksual secara Verbal di Lingkungan Umum (Catcalling) Aderiatati
Veteran Law Review Vol 7 No 1 (2024): Mei 2024
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v7i1.6519

Abstract

Verbal sexual harassment or commonly called catcalling is verbal sexual harassment behavior that occurs in public by uttering indecent, sensitive remarks or words at the victim, causing feelings of fear, discomfort and threat. Usually the form of catcalling is in the form of whistling, harsh words containing pornographic elements, innuendo, shouting, and comments aimed at women's physical characteristics.  Generally, catcalling often occurs in public places.  This harassment is often considered normal by society because people think it is just an ordinary joke.  The normative research method used in this research is research based on legal materials by studying written regulations, theories, concepts and secondary data.  This research aims to find out what form of legal protection is provided by the Indonesian State against catcalling harassment, to find out the causes and impacts of catcalling on women.  Women are subjected to harassment on the streets, but there are no specific regulations regarding this case.  Therefore, there needs to be an emphasis on eradicating this harassment to the wider community through regulations related to decency, namely Articles 281 and 289 of the Criminal Code, Law 12/2022 concerning TPKS, and Law 44/2008 concerning Pornography.  
Criminal Law Politics of Rechterlijk Pardon Concept (Comparative Study the New Criminal Code and Juvenile Justice System Law): (Comparative Study the New Criminal Code and Juvenile Justice System Law) Firmansyah R, Adithya Tri; Rachman, Adhitya Alliyya; Yastisya, Annisa
Veteran Law Review Vol 7 No 1 (2024): Mei 2024
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v7i1.6606

Abstract

The original Indonesian version of legal identity that was born from the soul of the Indonesian nation has been camouflaged by the hegemony of western legal thought that tends to be legalistic, formalistic and liberal in spirit. Therefore, it is time to purify the national legal identity by reforming the law. One form of legal reform is carried out by the state through the reform of criminal law, namely the New Criminal Code which regulates the concept of judge forgiveness (Rechterlijk Pardon) to undermine the character of colonial legacy criminal law which is rigid and not in accordance with the legal needs of society. On that basis, this research aims to review and analyze the comparison of the regulation of the concept of Rechterlijk Pardon in the Criminal Code and the SPPA Law which also regulates Rechterlijk Pardon and analyze the political construction of criminal law in updating the regulation of Rechterlijk Pardon in the New Criminal Code. This research is a normative legal research (doctrinal). The results of this study indicate that Article 70 of the SPPA Law provides options for judges with two things, namely not imposing punishment or imposing measures. Meanwhile, the concept of Rechterlijk Pardon in Article 54 paragraph (2) of the New Criminal Code is that the judge can actually consider not imposing either punishment or action, which of course shows a difference. Furthermore, the political construction of criminal law of Rechterlijk Pardon in philosophical, sociological and legal considerations is that Rechterlijk Pardon is motivated by the need to reconstruction the understanding of judges to impose punishment by looking at the severity of the offender action as well as aspects of the needs of society values of justice.
Penerapan Transaksi Jual Beli Pakaian Bekas Impor di Indonesia Ditinjau dari Pasal 47 Ayat (1) Undang-Undang Nomor 7 Tahun 2014 Tentang Perdagangan Haris Sanjaya, Umar; Hernan Saputra, Adnan Noor
Veteran Law Review Vol 7 No 1 (2024): Mei 2024
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v7i1.6724

Abstract

This research discusses the application of second-hand imported clothing trading transactions in Indonesia that are regulated by Article 47 Paragraph (1) of Law Number 7 of 2014 concerning Trade. The issue discussed in this thesis is to determine how the application of Article 47 Paragraph (1) of Law Number 7 of 2014 concerning Trade regulates the trading transactions of second-hand imported clothing in Indonesia and what legal impacts arise from the trading of second-hand imported clothing in Indonesia on the domestic clothing industry. This is analyzed in detail based on legal position, legal consequences, and seller responsibilities in trading second-hand imported clothing. The method used is normative juridical research by collecting data from primary and secondary legal materials such as legislation, books, journals, and previous research results that are relevant to the research discussion. The results of this research indicate that trading of imported second-hand clothing in Indonesia must comply with the regulations set by the law, and trading of second-hand imported clothing that does not comply with these regulations may result in sanctions such as import restrictions or even business closure. Furthermore, strict supervision is necessary from the relevant authority to limit the trading of second-hand imported clothing in Indonesia, and sellers must be cautious in conducting transactions in order to avoid legal sanctions.
Removing Bodies from the Grave from the Perspective of National Criminal Law and Islamic Law Al Hilal, Prara; Rahmi, Atikah
Veteran Law Review Vol 7 No 1 (2024): Mei 2024
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v7i1.7523

Abstract

Corpse removal is the process of moving the body of a person from one place to another. Sometimes, this is done at the request of the family, for cultural or religious reasons, or even for other reasons such as demolition of the burial site or redevelopment of the burial area. The purpose of this research is to find out the rule of law to answer the issue of grave transfer. This type of research is normative juridical research obtained from secondary data related to the object of research including related laws and court decisions. In this research, data analysis is carried out qualitatively, namely the selection of theories, principles, norms, doctrines and articles contained in the Law that are relevant to this research. Based on the results of the research, the criminal act of corpse removal has criminal law rules, namely in Article 180 of Law No. 1 of 1946 concerning the Criminal Code and in Article 271 of Law No. 1 of 2023 concerning the Criminal Code. The removal of corpses from the grave is also not justified by several Islamic scholars so that this is in line with criminal law. In the case that occurred in Donggala district based on the Donggala District Court Decision No. reg 11/Pid.B/2014/PN.Dgl the Panel of Judges sentenced the defendants to imprisonment for four months each
Questioning Presidential Threshold in Indonesia: Constitutional Analysis and Democracy Implementation Hakim, Dani Amran; al Arif, M Yasin
Veteran Law Review Vol 7 No 1 (2024): Mei 2024
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v7i1.7591

Abstract

General elections serve as a democratic mechanism aimed to a lawful transition of power based on the constitution. The legal basis for general elections is found in Article 22E, while the election of the President and Vice President is governed by Article 6A of the 1945 Constitution of the Republic of Indonesia. There is no provision regarding the presidential threshold in the 1945 Constitution, as this regulation is an additional provision in Article 222 of Law Number 7 of 2017 concerning General Elections. The research methodology employs normative legal research with a juridical and conceptual approach by examining and studying relevant literature on the research topic. From a constitutional perspective, the presidential threshold provision lacks constitutional grounds. Constitutionally, every citizen has equal rights before the law and in governance. However, this limitation impacts an individual's right to be elected and to vote. From the democratic principle standpoint, political parties as representatives of the people will be restricted according to the regulations of the presidential threshold. This regulation, based on the previous general election results, eliminates the political rights of new or small parties to nominate candidates for President and Vice President.
The Role of Labour Inspector in Preventing and Overcoming Child Labour Exploitation: A Critical Review Prawira, M. Rizki Yudha; Muhammad Raihan Yulistio
Veteran Law Review Vol 7 No 1 (2024): Mei 2024
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v7i1.7869

Abstract

The right to decent work is a fundamental human right that applies to everyone without exception, including children. This is clearly stated in several Indonesian laws, such as Law No. 39 of 1999 concerning Human Rights, Law No. 13 of 2003 concerning Manpower, and Law No. 23 of 2002 in conjunction with Law No. 35 of 2014 concerning Children. Although many legal provisions aim to protect children from exploitation in the workplace, the situation still needs improvement due to a lack of effective implementation. The labour inspectorate is responsible for enforcing these laws, but the number of inspectors is limited, and their authority often needs to be fully implemented. As a result, many children are still working in dangerous or exploitative conditions, which is unacceptable. Therefore, it is crucial to strengthen the labour inspectorate's role by increasing the number of implementing personnel and improving their authority's effectiveness to ensure child labours’ protection.

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