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INDONESIA
Veteran Law Review
ISSN : 26551594     EISSN : 26551608     DOI : -
Core Subject : Humanities, Social,
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 140 Documents
Elektronik Dalam Pembuktian Unsur Mens Rea Pada Tindak Pidana Korupsi: Studi Kasus Penyalahgunaan Wewenang Farah Faricasari Firjatullah Faqih; Mimin Mintarsih
Veteran Law Review Vol 9 No 1 (2026): Mei 2026
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v9i1.11175

Abstract

The development of information technology has given rise to new forms of electronic evidence that are crucial in the enforcement of criminal law. In the context of corruption, various cases show that digital evidence such as emails, instant messages, recorded conversations, or banking transactions often becomes the key to uncovering the modus operandi and criminal patterns. This study aims to examine the position of electronic evidence in the evidentiary system of corruption crimes in Indonesia and evaluate its role in proving the mens rea (criminal intent) element in corruption cases involving abuse of authority. The research method used is normative legal research with a literature review approach. The results indicate that electronic evidence is normatively recognized as valid within the evidentiary system in Indonesia and plays a significant role in proving mens rea in cases of abuse of authority. Digital information helps strengthen allegations of intent by showing plans or hidden motives in corruption acts. Therefore, clear regulations and improved capacity of law enforcement officials are essential so that electronic evidence can be optimally utilized without disregarding the principles of a fair trial.
Legal Protection for Consumers in Digital E-Commerce Agreements Based on the Civil Code and Consumer Protection Law Muhammad Reza Elia Habibullah
Veteran Law Review Vol 9 No 1 (2026): Mei 2026
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v9i1.13118

Abstract

The digitalization of commercial transactions has significantly transformed the formation and enforcement of agreements between businesses and consumers. This study examines the legal validity of digital contracts in Indonesia under the Civil Code (KUH Perdata), “the Electronic Information and Transactions Law (UU ITE), and Government Regulation No. 71 of 2019”, as well as their implications for consumer protection under the Consumer Protection Law (UUPK). Using a normative juridical and comparative method, the research finds that Indonesia recognizes electronic contracts and electronic signatures as legally binding, yet its regulatory framework remains fragmented and does not fully address key elements of digital consumer protection, such as product conformity, withdrawal rights, and mandatory software updates. A comparison with the Netherlands, a civil law country with a more advanced regulatory structure shows that Dutch law, supported by EU frameworks such as the GDPR and Consumer Rights Directive, provides stronger safeguards, clearer obligations for digital content providers, and more effective mechanisms for dispute resolution. The study concludes that although Indonesia has established a basic legal foundation for digital contracting, further regulatory development is required to respond to risks related to data breaches, online fraud, and cross-border e-commerce. Strengthening institutional capacity and harmonizing digital regulations are essential to enhancing consumer protection in the digital era.
Legal Status of Test Tube Baby Children: A Legal Review of Lineage and Inheritance Rights Gia Anesta Putri; Masda Agatha Sari
Veteran Law Review Vol 9 No 1 (2026): Mei 2026
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v9i1.13364

Abstract

This study aims to analyze the legal status of illegal IVF children born from gamete donation or surrogacy procedures within the dualism of Indonesian Civil Law. The crucial issue discussed is the conflict arising between the principle of conservation of lineage in the Marriage Law and the limitations of inheritance rights in the Civil Code (KUHPerdata), especially considering the express prohibition of illegal procedures by Health Law No. 17 of 2023. The study uses a Normative Juridical method with a statutory, case, and conceptual approach. The main results indicate that children from illegal IVF procedures are categorized as children born out of wedlock, so their inheritance rights are limited to one-third of the portion of legitimate children if recognized. We found a legal conflict: the reactive protection solution through Court Decision No. 46/PPU-VIII/2010 has the potential to create civil and inheritance relations with anonymous gamete donors (biological fathers), this directly contradicts the preventive prohibition in the Health Law. In addition, the surrogacy agreement was confirmed null and void under Article 1320 of the Civil Code. This study concludes the need for regulatory harmonization to clarify the limits of the application of the Constitutional Court Decision in order to ensure legal certainty and the best protection for children's civil rights.
Exoneration clauses in standard property agreements: between freedom of contract and consumer protection Junaidi Junaidi
Veteran Law Review Vol 9 No 1 (2026): Mei 2026
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v9i1.13907

Abstract

Standard agreements are commonly used in property sales to accelerate economic transactions, but they also raise important issues regarding the differing bargaining power of sellers and buyers. A major issue that arises is the use of liability exemption clauses, which protect developers rather than consumers. Taking into account the principles of fairness in contracts and the balance of rights and obligations, this study examines the legitimacy of such clauses in standard property agreements. Furthermore, the study aims to create a model agreement that strikes a balance between contractual freedom and consumer protection. A normative legal study was conducted through legislation, legal concepts, and comparative law. The results indicate that the evaluation of liability exemption clauses must be based on formal legal rules, as well as on substantive justice, transparent communication and balanced risk sharing between the parties involved. To prevent the abuse of standard provisions, the study recommends redesigning property agreements to incorporate fairness testing and consumer protection principles based on risk analysis. By providing a more flexible evaluation framework for common contract practices in the property sector, these findings will contribute to the development of contemporary contract law
Defining the Boundaries of KPK Authority Through Integrating the KPK and Anti-Corruption Laws NI MADE ANGGITA SASTY YUDIADEWI; I Gusti Bagus Suryawan; Kade Richa Mulyawati
Veteran Law Review Vol 9 No 1 (2026): Mei 2026
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v9i1.13936

Abstract

The eradication of corruption in Indonesia still faces significant legal challenges, particularly regarding the boundaries of authority between law enforcement institutions. The Corruption Eradication Commission (KPK) often encounters overlapping jurisdictions with the National Police and the Attorney General's Office, which leads to legal uncertainty and institutional friction. This study aims to analyze the specific boundaries of the KPK's authority in the investigation and prosecution of corruption cases through the strategic integration of the KPK Law and the Anti-Corruption Law (UU Tipikor). The research method employed is normative legal research, utilizing a statutory approach and a conceptual approach to examine existing regulations. The results of this study indicate that the current lack of synchronization between these two primary laws creates a gray area in law enforcement operations. Therefore, a comprehensive integration between the KPK Law and the Anti-Corruption Law is urgently needed to clarify the limits of authority and strengthen the institutional coordination function. This integration is expected to optimize the synergy of law enforcement in Indonesia, creating an effective, efficient, and integrated corruption eradication system that upholds the principles of legal certainty and justice for the public.
The Simplification of Tax Regulations as a Strategic Approach to Mitigating Taxpayer Resistance Hendro Prabowo
Veteran Law Review Vol 9 No 1 (2026): Mei 2026
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v9i1.13974

Abstract

This study examines the increasing complexity of Indonesian tax regulations as a contributing factor to taxpayer resistance and analyzes regulatory simplification as a strategic legal solution. Tax resistance, manifested in both passive and active forms, arises from ambiguous norms, frequent legislative amendments, intricate administrative procedures, and inconsistent interpretation by tax authorities. Such complexity not only undermines legal certainty and fairness but also creates opportunities for tax avoidance and tax evasion, including practices such as transfer pricing, thin capitalization, treaty shopping, and other aggressive tax planning strategies. This research employs normative legal methodology using statutory and conceptual approaches, relying on legislative analysis and relevant doctrinal literature. The findings indicate that excessive regulatory fragmentation and procedural burdens weaken voluntary compliance and erode public trust. Simplification—through clearer codification, harmonization of tax laws, transparent procedures, and strengthened legal certainty—can enhance horizontal and vertical equity, improve accessibility of tax norms, and reduce incentives for resistance. Therefore, regulatory simplification constitutes a structural reform strategy to reinforce taxpayer compliance and ensure sustainable state revenue.
The Problem of Overcrowding and Its Legal Implications for the Fulfillment of Prisoners' Rights in Correctional Institutions Emirza Nur Wicaksono
Veteran Law Review Vol 9 No 1 (2026): Mei 2026
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v9i1.14092

Abstract

This study aims to analyze the problem of overcrowding in correctional institutions and its legal implications for the fulfillment of prisoners' rights in Indonesia. Overcrowding is a serious problem in the correctional system that has the potential to hinder the implementation of correctional guidance and the fulfillment of prisoners' basic rights. This study uses a normative legal research method with a legislative and conceptual approach. Legal materials were obtained through a literature review covering relevant laws and regulations, legal doctrine, and scientific journal articles. The results indicate that correctional institution overcrowding is caused by various legal and non-legal factors, including the dominance of imprisonment in the penal system, the high use of detention in the criminal justice process, and limited correctional facilities and infrastructure. These conditions hamper the fulfillment of prisoners' rights, particularly the rights to humane treatment, health services, correctional guidance, and security. The state has a legal responsibility to guarantee the protection of prisoners' rights, thus necessitating reform of penal policy through the implementation of alternative sentencing and non-prison policies to reduce prison overcrowding. This research provides theoretical contributions to the development of correctional law studies and provides policy recommendations to strengthen a more humane penal system oriented toward human rights protection
Legal Feasibility of Trademark Certificates as Credit Collateral and Its Implications for Indonesian MSMEs Stephanie Devty
Veteran Law Review Vol 9 No 1 (2026): Mei 2026
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v9i1.14193

Abstract

This article examines the legal feasibility of using trademark certificates as credit collateral in Indonesia and highlights the practical challenges arising from their application within the financing landscape of Micro, Small, and Medium Enterprises (MSMEs). It analyzes how trademark-based collateral fits within Indonesia’s existing credit and intellectual property framework. Employing normative legal research with a statute-based and doctrinal approach, this study focuses on the structure and substance of Indonesian trademark and collateral law, supported by qualitative analysis of relevant legal materials. The findings indicate that trademark rights, as exclusive, transferable, and economically valuable assets, meet the legal requirements to function as credit collateral. However, their practical implementation remains constrained by the absence of standardized valuation mechanisms, uncertainty in enforcement procedures, prudential banking practices, and the limited readiness of MSMEs. The originality of this research lies in its emphasis on legal feasibility and normative-regulatory challenges, offering a distinct perspective on intellectual property-based financing beyond purely economic valuation
Cyberbullying under Criminal Law: A Comparative Analysis of Indonesian and Malaysian Legal Frameworks Handina Sulastrina Bakhtiar; Ahmad Yusup
Veteran Law Review Vol 9 No 1 (2026): Mei 2026
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v9i1.14527

Abstract

This study aims to analyse and compare the conception of cyberbullying under the criminal laws of Indonesia and Malaysia. This study employs a normative legal research method, also referred to as doctrinal legal research, with a prescriptive analytical approach. The approaches adopted in this study comprise a conceptual approach, a case approach, and a comparative approach. The findings indicate that Indonesia regulates cyberbullying indirectly through Law Number 11 of 2008 concerning Electronic Information and Transactions, including its subsequent amendments, as well as through the National Criminal Code. By contrast, Malaysia provides more specific provisions through the reform of its Penal Code. The main difference lies in the formulation of the elements of the offence and the applicable criminal sanctions. Malaysia tends to provide clearer and more specific regulation concerning cyberbullying, whereas in Indonesia the regulation remains relatively abstract, and law enforcement practices continue to rely primarily on the Electronic Information and Transactions Law, the Pornography Law, and the National Criminal Code.
Historical Pollution in the Polluter Pays Principle: Who Pays When the Polluter Is No Longer There? Davilla Prawidya Azaria; Anni Alvionita Simanjuntak
Veteran Law Review Vol 9 No 1 (2026): Mei 2026
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v9i1.14795

Abstract

The conventional Polluter Pays Principle encounters jurisdictional paralysis when confronted with historical pollution, particularly when responsible corporations escape liability through liquidation or strategic bankruptcy, leaving behind severely deteriorated environments as orphan sites. This normative legal research aims to formulate a policy reconstruction to bridge this intertemporal liability gap by analyzing successful environmental policy frameworks from various developing countries. Grounded in the protective function of state authority, governments possess an inherent responsibility and institutional capacity to proactively intervene in long-standing ecological crises. The analysis indicates that transferring remediation liability to the state can be effectively operationalized through adaptable instruments tested in the Global South, including state-led emergency restoration mechanisms, collective industry-funded environmental pools, and property-attached ecological obligations. In conclusion, the state must act as the primary executor of physical remediation upfront, subsequently utilizing its sovereign right to reclaim restoration costs from successor entities or parent companies to guarantee intergenerational ecological justice.