Veteran Law Review
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.
Articles
120 Documents
<![CDATA[Implementation of the Prosecution Process in the Criminal Justice System at the Attorney General's Office ]]>
<![CDATA[Aras Firdaus]]>
<![CDATA[ Veteran Law Review Vol 5 No 2 (2022): November 2022 ]]>
Publisher : <![CDATA[Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta ]]>
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DOI: 10.35586/velrev.v5i2.4349
<![CDATA[The Prosecutor's Office as one of the law enforcement agencies is required to play a greater role in enforcing the law, protecting the public interest, enforcing human rights, and eradicating corruption, collusion and nepotism. The Prosecutor's Office is the only government agency implementing state power that has duties and authorities in the field of prosecution in law enforcement and justice in the general court environment. This study is to determine the criminal justice system in prosecution in Indonesia, how the criminal justice system in the application of prosecution in Indonesia and How is criminal responsibility as a criminal justice system through prosecution by the prosecutor. The research method uses normative juridical. The results of the study show that the prosecution system must be guided by the principles adopted by countries in the world as the basis for prosecuting. These principles are the principle of legality and the principle of opportunity. Prosecutors are carried out by public prosecutors, and public prosecutors are prosecutors who are authorized by this law to carry out prosecutions and carry out judges' decisions. The conclusion of the study is that the Prosecutor's Office of the Republic of Indonesia as part of the judicial power is pure and free from the intervention of political power by including the Prosecutor's Office of the Republic of Indonesia explicitly in the articles in the 1945 Constitution of the Republic of Indonesia or by revising Law No. 16 of 2004 concerning Attorney.. The crime committed by the suspect will be reviewed by the public prosecutor, the public prosecutor has full authority in carrying out the prosecution. Suspected perpetrators of criminal acts will enter the criminal justice system when there is an arrest and then detained and brought to court so that they can be officially prosecuted.Keywords:Prosecutor; criminal justice; attorney]]>
<![CDATA[Credit Agreement Due To The Corona-19 Pandemic (Study of Wonosari District Court Decision Number 3/Pdt.G.S/2020) ]]>
<![CDATA[Pani Chadijah Nasution]]>;
<![CDATA[Surya Perdana]]>;
<![CDATA[Muhammad Arifin]]>
<![CDATA[ Veteran Law Review Vol 5, No 1 (2022): Mei 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Pembangunan Nasional Veteran Jakarta University ]]>
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DOI: 10.35586/velrev.v5i1.2836
<![CDATA[The corona pandemic as a delay in credit payments, the determination of the non-natural disaster Covid-19 as a national disaster through Presidential Decree 12/2020 does not automatically become the basis for parties in commercial agreements to declare themselves in a state of force majeure. In-depth study of case by case analysis by paying attention to the clauses in an agreement becomes the benchmark for determining the state of force majeure. As a result of parties who did not fulfill their achievements in the credit agreement during the Covid-19 period. The suspension of liability occurs when a force majeure event is temporary. When the condition of the obstacle has recovered, for example the export ban is lifted again, then the obligation of the seller returns to recover to hand over the exported goods. Agreement resulting from the corona 19 pandemic in the perspective of presidential decree no. 12 of 2020 concerning the determination of non-natural disasters (Wonosari State Court Decision Study Number 3 / Pdt.G.S / 2020) in agreements usually also regulates the consequences of a force majeure event, for example whether to postpone an agreement or can be used as a condition for canceling an agreement]]>
<![CDATA[The Integration of Alternative Dispute Resolutions Institutions in the Financial Services Sector with POJK No. 61/POJK.07/2020 ]]>
<![CDATA[Muhammad Fikri Aufa]]>;
<![CDATA[Fadia Fitriyanti]]>
<![CDATA[ Veteran Law Review Vol 5 No 2 (2022): November 2022 ]]>
Publisher : <![CDATA[Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta ]]>
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DOI: 10.35586/velrev.v5i2.4633
<![CDATA[Financial institutions and consumers/customers have more than a contractual relationship. Financial institutions and consumers build trusting relationships. These 2 financial services businesses are used for financial services dispute resolution. The settlement includes Banking, Insurance, Capital Market, Guarantee, Pension Fund, and Financing and Pawnshops. In 2020, OJK issued POJK No. 61/POJK.07/2020 on Alternative Institutions for Financial Services Sector Disputes. The newest Financial Services Authority Regulation divides dispute resolution into 6 financial services sectors. This time, it's 1 alternative dispute resolution institution for financial services. This study examines the unification principle's applicability. Integration of conflict resolution organizations, authorities, and methods in the financial services industry. Legal normative research is used. This study uses primary and secondary legal sources from laws and books/journals. This study shows that alternative dispute resolution entities in the financial services sector have implemented unification and integration to conflict resolution.]]>
<![CDATA[Legal Sustainability Of Object Gadai Execution By A Porrietary Assets That Are Debt Guaranteed Without Agreement Of Husband Or Wife (Study At PT. Pegadaian in Medan City) ]]>
<![CDATA[Yose Rizal Efendi]]>;
<![CDATA[Ramlan Ramlan]]>;
<![CDATA[Ferry Susanto Limbong]]>
<![CDATA[ Veteran Law Review Vol 5, No 1 (2022): Mei 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Pembangunan Nasional Veteran Jakarta University ]]>
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DOI: 10.35586/velrev.v5i1.2737
<![CDATA[As a marriage bond progresses, there will certainly be tests or trials that come, especially economic problems, of course the husband as the head of the household is the burden of responsibility in providing for his wife both physically and mentally, in this day and age one of the ways that is often taken in solving problems economy is by using bank facilities as referred to in Article 1 point 2 of Law Number 10 of 1998 concerning Amendments to Law Number 7 of 1992 concerning Banking, which states that a bank is a business entity that collects funds from the public in the form of savings and distributes it to the public in the form of credit. and or other forms in order to improve the lives of many people. The type of research used in this research is normative legal research. This type of research was chosen because the study in this study is a study of legal science, therefore it must be studied from its legal aspects. Normative legal research is research on library materials (secondary data) that are relevant to the problems to be analyzed, both in the form of primary legal materials, secondary legal materials, and tertiary legal materials. Legal certainty for the legal arrangement of the object of a pledge which is a joint asset in a marriage which is used as a debt guarantee without the consent of the husband or wife is contained in Article 1 of Law Number 1 Year 1974 concerning Marriage and Article 119 of the Civil Code Kemdian Article 36 paragraph (1) of Law No. 1 of 1974 concerning Marriage has actually provided a legal corridor, that the action to carry out a pledge in the form of joint assets obtained during the marriage period must be based on an agreement between the two parties between the husband and wife. The process of executing the object of the pledge in the form of marital assets which is used as collateral for debt without the consent of the husband or wife at PT. Pegadaian Medan City, first PT. Pegadaian Medan City conveyed that the debtor is due for payment which will be sent via an official letter from PT. Mortgage of Medan City, then starting 7 (seven) days after the official notification to the debtor, there is also no good faith of the debtor in paying the debt bill, so PT. Medan City Pegadaian conducts an auction for the object of the pawn in the form of joint assets of the marriage bond]]>
<![CDATA[Protection of Communal Intellectual Property Rights Through Geographical Indication System ]]>
<![CDATA[Fenny Wulandari]]>
<![CDATA[ Veteran Law Review Vol 5 No 2 (2022): November 2022 ]]>
Publisher : <![CDATA[Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta ]]>
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DOI: 10.35586/velrev.v5i2.4512
<![CDATA[This study aims to protect the original product/goods related to geographical conditions due to natural and/or human factors to be registered for protection through a Geographical Indication system that can be owned by the community communally. The research method used is normative juridical using secondary data. The law can be one of the tools to protect the regime of Geographical Indications by way of registration as regulated in Law Number 20 of 2016 concerning Marks and Geographical Indications. Article 53 reads: "Geographical Indications are protected after Geographical Indications are registered by the Minister". The main function of law is to protect the interests that exist in society. According to Roscou Pound, there are three interests that must be protected by law, namely: public interest, individual interest and interest of personality. Although most intellectual property rights protect individual property rights and individual interests, geographical indications are one that can be categorized as communal property rights.]]>
<![CDATA[Legal Facts in Legal Opinions Formulation on The Decisions of Islamic Civil Case ]]>
<![CDATA[Ahmad Muqorobin]]>;
<![CDATA[May Shinta Retnowato]]>;
<![CDATA[Nur Helmy Iffah Wafiyah]]>
<![CDATA[ Veteran Law Review Vol 6 No 1 (2023): Mei 2023 ]]>
Publisher : <![CDATA[Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta ]]>
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DOI: 10.35586/velrev.v6i1.4629
<![CDATA[Development of Islamic civil cases today, the problems that arise in society are increasingly complex and the public's need for services in the legal field is getting higher. This does not escape the need for legal opinions from experts such as lawyers, advocates, or legal advisors. This legal opinion is what we often call a legal opinion. In practice, the determination of a punishment must be fair. To realize this justice, the law enforcers should be impartial and consider many things before deciding on a sentence or giving a legal opinion. The weighing of these decisions can be done by looking at the facts that happened and studying them, presenting witnesses, and so on. Legal facts are one of the processes that cannot be overlooked by persons investigating a case, because if this process is missed or not thorough enough, it can affect a decision. The method used in this study is a qualitative juridical normative method. This study aims to find out that legal facts will affect the decisions of Islamic civil law that will be taken and legal opinions that will be made by a legal expert. The result of the study is that Legal facts are important to note because the discovery and analysis of legal facts can support and complete the clauses that will be included in the legal opinion and the decisions that will be handed down by the judge on the defendant. Although in the civil law rules there is no information about the importance of legal facts in legal opinions, if viewed from the facts that occur, it can be identified as a legal risk that will be accepted by the client.]]>
<![CDATA[Community Based Forest Management License: The Urgency of Forest Management for Human Development in Indigenous Peoples ]]>
<![CDATA[Hafsah Aryandini]]>;
<![CDATA[Abel Parvez]]>
<![CDATA[ Veteran Law Review Vol 6 No 1 (2023): Mei 2023 ]]>
Publisher : <![CDATA[Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta ]]>
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DOI: 10.35586/velrev.v6i1.4686
<![CDATA[The position of customary law communities ' property rights (MHA) over customary forests has not been fully protected by law which causes conflicts regarding customary forests. Weak legal protection leads to discrimination for MHA, namely by loss of residence, loss of agricultural land, and even leading to punishment for defending its rights. In fact, the existence of Indigenous Peoples has been guaranteed in the constitution, namely in Article 18B of the 1945 NRI Constitution. However, in reality, the problem of property rights to customary forests is still often encountered and even boils down to human rights violations, namely the criminalization of Indigenous Peoples who are fighting for their rights. The postulate gives rise to two formulations of the problem. First, what are the problems with forest management regulation on the protection and empowerment of Indigenous Peoples? Second, How is the concept of forest management that protects and empowers Indigenous Peoples in accordance with the ius constituendum? To answer this problem, the author recommends improvements related to existing arrangements and the establishment of government policies as a concrete effort in enforcing the rights of MHA. Existing laws must provide protection and protection of the human rights of indigenous peoples and be accompanied by customary forest management based on the Community Based Forest Management (CBFM) License as a mechanism in settlement and to protect and implement MHA.]]>
<![CDATA[Analysis of Decisions of The General Meeting of Shareholders That Have a Balanced Percentage of Share Ownership ]]>
<![CDATA[Zaky Zhafran King Mada]]>
<![CDATA[ Veteran Law Review Vol 6 No 1 (2023): Mei 2023 ]]>
Publisher : <![CDATA[Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta ]]>
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DOI: 10.35586/velrev.v6i1.4687
<![CDATA[This Legal Research is entitled Juridical Analysis of the decisions of the General Meeting Of Shareholders (GMS) that have a balanced percentage of ownership in a limited liability company. If there is a Limited Liability Company in which there are only 2 (two) shareholders who have a balanced percentage of ownership so that there is a problem, namely that one of the shareholders does not attend the GMS or one of the shareholders does not agree on a GMS decision. The provisions regarding the quorum of the GMS and the decisions of the GMS have been determined with certainty, but in reality problems regarding this are still encountered. This research based on by 2 (two) problem formulations, the first is how to regulate shareholders who have a balanced percentage of ownership in the legislation, then the second is how the legal steps should be taken by shareholders. The First results of this study are if the two shareholders still have different interests then the Company is unlikely to continue. Because the two shareholders are decision makers, and if the deadlock continues then this will have an impact on the Company. In this case, the district court may dissolve the Company on the grounds that it is impossible for the Company to continue. And the Second, is a legal step that can be taken by one of the shareholders is to apply for an application to the district court, namely by requesting a quorum and the decision of the GMS.]]>
<![CDATA[Environmental Disputes Without The Principle Of Strict Liability After The Job Creation Law Regime ]]>
<![CDATA[Lalu Aria Nata Kusuma]]>
<![CDATA[ Veteran Law Review Vol 6 No 1 (2023): Mei 2023 ]]>
Publisher : <![CDATA[Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta ]]>
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<![CDATA[The 1945 Constitution of the Republic of Indonesia in Article 28 H paragraph 1 states that a good and healthy environment is a human right and a constitutional right for every Indonesian citizen. The form of environmental protection is then accommodated, one of which is in Article 88 of Law Number 32 of 2009 concerning Environmental Protection and Management (UU PPLH) through the Strict Liability principle or what is called absolute responsibility for every party who pollutes and destroys the environment caused by Hazardous and Toxic Materials (B3) and B3 waste without the need for proof of the element of error first. However, after the enactment of Law Number 11 of 2020 concerning Job Creation, absolute responsibility for perpetrators of environmental destruction has disappeared due to the abolition of the phrase "without the need for proof of the element of fault" so that accountability is based on fault (liability based on fault). The purpose of this study was to determine the impact of the abolition of the principle of strict liability in the settlement of environmental disputes in Indonesia. The research method used is normative legal research using statutory, conceptual, and case approaches. Based on the results of the study, it is shown that the abolition of strict liability in the PPLH Law will burden victims in environmental disputes, especially ordinary people, to ask for accountability because of the complexity of proving the element of error in industrial activities that use high technology and is directly related to B3 (ultrahazardous activity and abnormally dangerous).]]>
<![CDATA[Digitalization of Evidence in the Constitutional Court: Opportunities and Requisite ]]>
<![CDATA[Muhammad Fauzan]]>;
<![CDATA[Handar Subhandi Bakhtiar]]>
<![CDATA[ Veteran Law Review Vol 6 No SpecialIssues (2023): April 2023 ]]>
Publisher : <![CDATA[Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta ]]>
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DOI: 10.35586/velrev.v6iSpecialIssues.4791
<![CDATA[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.]]>
