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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.
Arjuna Subject : -
Articles 130 Documents
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Optimizing Legal Strategies: Combating Corruption through Anti-Corruption Education in Universities Ginanjar, Denda; Purnama, Wandra Wardiansha
Veteran Law Review Vol 6 No 2 (2023): November 2023
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v6i2.6477

Abstract

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.
PENCANTUMAN KLAUSULA EKSONERASI DALAM PERJANJIAN SEBAGAI PERBUATAN MELAWAN HUKUM : (STUDI PUTUSAN NOMOR 930 K/PDT/2019) Wilsin Lucianto
Veteran Law Review Vol 6 No 2 (2023): November 2023
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v6i2.6489

Abstract

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.
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.  
The Relationship Between Adat Law & National Law on Marriage in Indonesia Kusumo, Vonny Kristanti
Veteran Law Review Vol 6 No 2 (2023): November 2023
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v6i2.6553

Abstract

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.
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.
KEBIJAKAN HUKUM PERTAMBANGAN YANG BERKEADILAN BAGI INVESTOR ATAS PENCABUTAN IZIN SEPIHAK OLEH PEMERINTAH PASCA BERLAKUNYA UU NO 3 TAHUN 2020 Velinka Permatasari
Veteran Law Review Vol 6 No 2 (2023): November 2023
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v6i2.6642

Abstract

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.
Inggris Kholiq, Abdul
Veteran Law Review Vol 6 No 2 (2023): November 2023
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v6i2.6713

Abstract

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.
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.

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