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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 120 Documents
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Juridical Study of The Implementation of The Principles of Equality of The Parents Parties In Contruction Action Contract Which Is Made In A Notary Face Nasution, Adli Dzil; Suprayitno, Suprayitno; Mansar, Adi
Veteran Law Review Vol 4, No 2 (2021): November 2021
Publisher : Faculty of Law, Pembangunan Nasional Veteran Jakarta University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v4i2.2736

Abstract

The principle of equality, contact, notar The juridical concept of the principle of equality in the perspective of contract law is based on a civil law system that conforms to the values of justice. Contracts based on a civil law system that are in accordance with the values of justice, actually in Indonesia the application of the principle of freedom of contract is not absolute, there are certain limitations regulated in the Civil Code and other laws and regulations. The restrictions on freedom of contract that are regulated in the Civil Code include that there are no defects in the agreement, namely coercion, error, and fraud. The form of the principle of equality of the parties in the construction work contract deed made before a Notary, regarding the authority of the notary in making contracts, in Article 15 of Law Number 2 of 2014 concerning amendments to Law Number 30 of 2004 concerning the Position of a Notary, is a public official those who are authorized to make both authentic deeds and under-hand deeds as long as they are not specific to other public officials in accordance with statutory regulations or the wishes of the parties concerned to ensure that the rights and obligations of the parties are guaranteed and have legal certainty
Rebuilding Private Hospital According to Indonesian Health Law Politics Buamona, Has rul
Veteran Law Review Vol 4, No 2 (2021): November 2021
Publisher : Faculty of Law, Pembangunan Nasional Veteran Jakarta University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v4i2.3355

Abstract

In Article 21 of Law Number 44 of 2009 concerning Hospitals, only private hospitals in the form of PT, do not regulate and even strengthen the position of private hospitals, foundations and associations as a forum for health services in accordance with Pancasila and Article 34 paragraph (3) of the Constitution. 1945 as the legal politics of health services in Indonesia. Therefore, this is the reason for the author to conduct a study with the aim of rebuilding a private hospital in accordance with the character of the Indonesian state which has a social-human spirit. This study focuses on the main problem, namely How should the legal politics of regulating the form of private hospitals in the future. The research method used is normative law or doctrinal methods that are qualitative in nature to analyze data based on norms in laws and regulations that are guided by the precepts of Pancasila as the basis of Indonesian legal politics. The results of this study conclude that in the future the legal entity of a private hospital should not be in the form of a PT, but must be in the form of foundations and associations, because foundations and associations have separate assets and are intended to achieve certain goals in the social and religious fields. The participation of foundations and associations is in accordance with Article 28C paragraph (2) of the 1945 Constitution, which stipulates that "everyone has the right to advance himself in fighting for his rights collectively to build his community, nation and state. Finally, private hospitals, foundations and associations are in accordance with Pancasila and Article 34 paragraph (3) of the 1945 Constitution as the legal political basis for health services.
Restorative Justice Approach in Crime of Humiliation Through Social Media Fithri, Beby Suryani; Wahyuni, Windy Sri
Veteran Law Review Vol 4, No 2 (2021): November 2021
Publisher : Faculty of Law, Pembangunan Nasional Veteran Jakarta University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v4i2.3013

Abstract

The restorative justice approach is a diversion in the handling of criminal acts which in the criminal justice procedure are centered on imposing criminal sanctions which are transferred to a communication and mediation process that presents the perpetrators, victims, families of the perpetrators/victims, and other related parties to come together to realize a form of agreement. for the handling of criminal acts that are fair and proportional to the victims who are harmed and the perpetrators by prioritizing repairs such as initial conditions and restoring a harmonious interaction model in society. It is this restorative justice approach that will be used in the investigation, investigation and examination stages in courts of insults, considering that the enforcement of criminal law against insult cases that occur in the community has not given satisfactory results. The regulation of defamation offenses whether carried out offline or online with social media refers to the provisions of the Criminal Code (KUHP) and the Information and Electronic Transactions Law, which in these two provisions contain criminal sanctions against the perpetrators. The purpose of the restorative justice approach in dealing with insults offenses is the restoration of victims who suffered as a result of the humiliation by providing compensation, imposing social work on the perpetrators and matters mutually agreed upon by the parties.
Withdrawal Of Draft Regional Regulations By Regional Heads Before The Process Of Discussing The Draft Regional Regulations Eka NAM Sihombing; Cynthia Hadita
Veteran Law Review Vol 5, No 1 (2022): Mei 2022
Publisher : Faculty of Law, Pembangunan Nasional Veteran Jakarta University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v5i1.4270

Abstract

The problem of withdrawing the draft local regulations before the discussion process by the Regional Head occurs in the process of forming local regulations. The research method used is normative juridical. The purpose of this research is to answer the problem of withdrawing the draft local regulations before the discussion process by the Regional Head occurs in the process of forming local regulations in aspects of legislation. The results showed that there were still many draft local regulations that were withdrawn before the process of discussing the Local regulation Draft conducted by the Regional Head. Supposedly, the process of its formation applies mutatis mutandis with the formation of legislation, if it has entered the discussion process then it cannot be retracted, as is the practice in the Philippines, there must be parameters if the draft local regulation must be withdrawn before discussion and also its legitimacy must be contained in the Local Government Law.
Towards Equitable Access to Justice Through the Provision of Legal Aid as A Form of Law Enforcement and Human Rights in Indonesia Ryan Abdul Muhit; Agus Supriyanto
Veteran Law Review Vol 5 No 2 (2022): November 2022
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v5i2.4568

Abstract

The provision of legal aid is a call from the side of the humanitarian aspect to help fellow human beings. This study aims to determine the legal aspects of providing legal aid as a form of law enforcement and human rights in Indonesia in order to achieve equitable access to justice. The method used in this research is normative juridical, with a library research approach. Data collection uses secondary data with qualitative descriptive data analysis methods. The results of this study, namely the provision of legal aid in essence in law enforcement is one of the factors in realizing law enforcement in Indonesia, namely upholding the values of truth and justice as one of the legal ideals based on equality before the law. The provision of legal aid is also an interpretation and implication of the principles of human rights itself, namely equality and the prohibition of discrimination.
Realizing People's Welfare in Economic Globalization, Perspective of the Law on Information and Electronic Transactions Finna Nazran; Fitri Yanni Dewi Siregar
Veteran Law Review Vol 5, No 1 (2022): Mei 2022
Publisher : Faculty of Law, Pembangunan Nasional Veteran Jakarta University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v5i1.4028

Abstract

Globalization that occurs in the economic field today certainly affects the trade between several countries that are free. This is due to the fact that the use of technology has encouraged rapid business growth, because various information can be presented through long distance relationships and those who wish to conduct transactions do not have to meet face to face, but simply through computer and telecommunications equipment. Utilization of ITE Technology is carried out based on the principles of legal certainty, benefits, prudence, good faith, and freedom to choose technology or technology neutrality. This study aims to determine the development and concept of people's prosperity in economic globalization in Indonesia, with the presence of the ITE Law in creating a just economy. This research uses normative legal research which is descriptive analytical with a qualitative approach to primary data, secondary data and tertiary data which includes the content and structure of positive law. used as a reference in reviewing legal issues that are the object of study. The results of the study indicate that the existence of the ITE Law in creating a just economy at this time has major implications for the development of social life . Economic justice must be understood as a condition where the people control the course of economic activity, through the use of information and technology which is carried out based on the principles of legal certainty, benefits, prudence, good faith, and freedom to choose technology or technology neutrality. This is in line with the goals of the state as stated in the fourth paragraph of the Preamble to the 1945 Constitution.
Optimizing The Role Of The Indonesian National Army In Addressing The Crime Of Terrorism Slamet Tri Wahyudi; Syamsul Hadi; Aji Lukman Ibrahim
Veteran Law Review Vol 5, No 1 (2022): Mei 2022
Publisher : Faculty of Law, Pembangunan Nasional Veteran Jakarta University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v5i1.4306

Abstract

The role of the Indonesian National Army (Tentara Nasional Indonesia “TNI”) in countering terrorism is part of the strategy to combat terrorism. With the escalation of the threat of terrorism which not only threatens national security, but also state sovereignty, the involvement of the TNI is a necessity in order to defend the country from threats or terrorist attacks. This study describes the urgency of the TNI's involvement in efforts to overcome acts of terrorism that threaten state sovereignty, and how the ideal role of the TNI in efforts to combat criminal acts of terrorism is described. The method used in this research is normative legal research, using a statutory approach (statute approach) and a conceptual approach (conceptual approach). The results of this study indicate that there is a need for regulations that clarify the main tasks and functions of the TNI in combating terrorism. The proposed efforts to involve the TNI in counter-terrorism include aspects of enforcement and prevention. In the aspect of prosecution, the technical involvement of the TNI in counter-terrorism operations is at the back, when the Anti-Terror Detachment 88 is in a condition beyond over capacity and the gradation of threats that endangers the sovereignty of the state. In the prevention function, the role of the TNI is more focused on the effective use of intelligence forces in supporting the prevention of criminal acts of terrorism. Technically, the role of the TNI that must be carried out is early warning, early prevention, and prosecution and restoration of an area as a result of acts of terrorism.
Reconception of Local Working Patent as a Form of Legal Progressivity in the Era of Disruption Abel Parvez; Hafsah Aryandini; Gilang Rizki Aji Putra
Veteran Law Review Vol 5 No 2 (2022): November 2022
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v5i2.4624

Abstract

Technological knowledge in the era of disruption has an important role in responding to the complex needs of society. In order to fulfill the needs, humans continue to produce new discoveries that need legal recognition and protection for the results of human intellectual abilities. One of the manifestations of intellectual wealth is in the form of patents. The main goal to be achieved is to encourage the creation, inventions and intellectual works of Indonesian citizens which in turn are able to create national independence. As an effort to control technology through patent rights, a Local Working Patent concept was formed which is regulated in Article 20 of Act Number 13 of 2016 on Patents. The Local Working Patent mandated in this article is in the form of a provision whereby when a patent has been granted by the state, the patent inventor is obliged to apply the patent in Indonesia to support technology transfer, investment and employment absorption. However, Act Number 11 of 2020 on Ciptaker eliminates this concept because this obligation is considered burdensome and can reduce investment from abroad. In this case the law should follow and oversee the needs and interests of the society. This means that the law must be progressive and must not be left behind by changes in society so that it can accommodate new existing interests. Based on this postulate, the writer wants to contribute in the form of a paper that comprehensively discusses the problems that exist in patent protection. The research method used is normative juridical research with a statutory approach and a conceptual approach. Thus, the author offers an idea in the form of a reconception of Local Working Patent which is ideal to be applied in Indonesia by meeting and fulfill the national and outsiders interests.
Utilization Of State Property By Partners In The Perspective Of Utilitarianism Legal Theory Sri Hartati; Dani Sintara; Halimatul Maryani
Veteran Law Review Vol 5, No 1 (2022): Mei 2022
Publisher : Faculty of Law, Pembangunan Nasional Veteran Jakarta University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v5i1.3976

Abstract

The problem of the utilization of   state property, needs to be studied after the Regulation of the Minister of Finance No. 115 / PMK.06 / 2020 on the Utilization of   state property. Utilization of   state property in practice, some are done by partners, such as what is the right to ownership of state assets and also the results of empowered utilization to increase state assets need to be analyzed in the perspective of utilitarianism legal theory. The research method used is normative juridical. The results showed that the utilization of   state property by partners cannot be transitioned into property rights and must also be utilized productively to increase state assets.  The right of utilization of   state property is  not essentially a property, so when using state assets,   state property can only be used for productive assets, with the result of providing benefits to increase state assets. As a result, state assets are non-transferable when using   state property.
Legal Certainty on Sanction of Regional Regulation of Bandung City No. 7 of 2018 on Cultural Heritage Management Regarding The Renovation of Cultural Heritage in Bandung City Steven Jonathan Winardi; Christin Septina Basani
Veteran Law Review Vol 5 No 2 (2022): November 2022
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v5i2.4337

Abstract

Historical buildings that spread out all over Bandung City become silent witness of the city’s establishment until the present day. Some of them currently still last in the good shape and well-maintained, while the others fall apart by modernization. It is not infrequently happening that renovation of the old building becoming the new building done without neither license nor regulation. This research aims to analyze and understand the legal sanction related to renovation of historical building as a part of cultural heritage in Indonesia, specifically Bandung City, West Java. The purpose of this research is to engage all elements of society’s concern and involvement in cultural heritage preservation. 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 that the consequence of a construction being established as cultural heritage is maintaining the values of history, culture, knowledge, religion, even architecture. People, especially in Indonesia worry about cultural heritage construction because the citizen minds that the construction cannot be modified, tumbled down or hard to sell.

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