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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.
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Articles 130 Documents
The General Meeting of Shareholders Based on Notary Rules and Electronic Evidence
Veteran Law Review Vol 6 No SpecialIssues (2023): April 2023
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v6iSpecialIssues.4797

Abstract

The purpose of this study was to analyze an event of the General Meeting of Shareholders (GMS) which was held electronically. The legal status of the minutes of the electronic GMS whether as a legal act, a real act or as a mere fact greatly influences its impact as an authentic deed. This means that a mere fact such as the existence of a piece of land that is flooded, the mental state of a person, cannot be proven by an authentic deed. The results of the legal analysis, the GMS event which was held electronically where the shareholders were not in the same meeting place, but attended based on electronic media, there is still a legal loophole for the shareholders to deny the results of the electronic GMS decision. The research was conducted in a juridical normative manner by reviewing regulations, norms and rules as well as concepts as well as related literature. The conclusion that the electronic GMS event is categorized as a mere fact referring to the Virlijden Rule (made, read and signed by all parties simultaneously at the same time) on the authenticity of the deed, so there is a legal loophole for the meeting participants to deny. The research was conducted using the Virlijden Rule and the Statement of Intention (Wilsverklaring) Rule and also supported by the Deconstruction theory that the interpretation of a text is never single and holds the potential for new and unexpected interpretations. As a legal act from the shareholders for the statement of their will, additional evidence is needed from the shareholders. The meeting participants make separate statements to be submitted electronically to the chairman of the meeting in addition to fingerprints or electronic signatures (e-signature) as regulated in the notary position law.
Law in The Era of Digitalization and Covid-19 Pandemic Dara Puspita Riyawan; Jennifer Clarence; M Raihan S lexmana
Veteran Law Review Vol 6 No SpecialIssues (2023): April 2023
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v6iSpecialIssues.4817

Abstract

Legal developments in Indonesia have an impact on changes in various aspects of the law, such as changes in the form of settlement in the judiciary. Some judicial institutions have indeed implemented a modernization process, but not a few judicial institutions have still used the same litigation method for decades. In the midst of the Covid-19 pandemic, some parts of the justice system experienced an increase in workload, while other parts experienced a decline where there was an increase in requests in the criminal justice sector to consider the repatriation of prisoners in order to reduce the population in prisons. The method used in making the paper entitled "Law in the Era of Digitalization and the Covid-19 Pandemic" is the historical method. This method relies on four activity steps, namely: Data collection (Heuristics), Source criticism (Verification), Interpretation (Interpretation), and Historical Writing (Historyography). The purpose of this journal's research method is to find out the development and application of lawin the digitalization era and after the Covid-19 pandemic. The result of the conclusion of this method is that the Covid-19 pandemic cannot prevent the fairest enforcement of laws. In this digitalization era, remote trials can still be carried out despite the Covid-19 pandemic. In this era of digitalization, it is easier to implement legal processes in Indonesia.
The Implementation of Good Governance Concept In Letter Evidence Submission Regulation For E-Litigation Cases Rina Elsa Rizkiana; Michael Gerry
Veteran Law Review Vol 6 No 1 (2023): Mei 2023
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v6i1.4843

Abstract

The modernisation of public institutions aims to address issues of openness and community accountability of public institutions as well as making public services more responsive to the needs and aspirations of the community. The judiciary also complies with the community's requests that it implement the fundamentals of sound government. The 2010–2035 Judicial Reform Blueprint, which stresses using information technology to restructure and supports this. E-Litigation is a byproduct of Indonesia's judicial reforms. SK KMA RI Number 129/KMA/SK/VIII/2019 and PERMA 1 of 2019 provide as the legal foundation for electronic litigation. The principles outlined in the idea of good governance in terms of legal philosophy must be followed in the implementation of e-Litigation. This is in accordance with the principles of good governance, which deal with regulations pertaining to the validity of evidence submitted in e-Litigation of civil cases, that are responsive, effective, and efficient at the implementation stage. This research intends to examine the concepts of good governance, the legal foundation for e-Litigation in Indonesia, and the application of responsive, effective, and efficient principles to control the admissibility of documentary evidence in e-Litigation in civil cases. By taking a statutory method, this study adopts a normative approach to law. According to the study's findings, Indonesia's regulations on the admissibility of evidence in civil e-Litigation cases obstruct the fulfillment of responsive, effective, and efficient e-Litigation implementation principles. As a result, the legal framework of the rule governing the admissibility of evidence in Indonesian civil e-Litigation has to be modified to comply with good governance principles.  
Bisphenol A (BPA) Content in Food and Beverage Plastic Packaging Perspective of Food Law and Consumer Protection Wasiatul Qolbi
Veteran Law Review Vol 6 No 1 (2023): Mei 2023
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v6i1.4850

Abstract

The packaging sector is an important industry. Packaging is used as a material to protect goods from external contamination. There are various kinds of packaging, one of which is often used is plastic packaging. In plastic packaging there is one of the BPA materials used in the plastic manufacturing process. This BPA content has the potential to be released and mixed with packaged food and drinks. While BPA is a content that can cause various diseases such as cancer. This study aims to determine the content of BPA in plastic packaging seen from the Law on Food and the Law on Consumer Protection. This study uses normative legal research that is descriptive analytical with a qualitative approach to primary data, secondary data and tertiary data which includes the content and structure of positive law. It is used as a reference in reviewing legal issues that are the object of study. The results of the study show that the BPA content in plastic packaging does not meet the packaging quality standards in accordance with the Law on Food. The Law on Food states that food packaging must use materials that do not endanger health. The Law on Consumer Protection also states that one of the rights of consumers is to have security and safety in consuming goods and services. The content of BPA which can cause various diseases is clearly not in accordance with the clauses in the Consumer Protection Act.
The Urgency of The Principle of Deliberation Towards Regional Institutions in The Perspective of The State of Pancasila Law Cynthia Hadita; Susi Dwi Harijanti
Veteran Law Review Vol 6 No 1 (2023): Mei 2023
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v6i1.4881

Abstract

The problem has not been applied optimally and optimally to the principle of deliberation, besides the need for structuring regional institutions so that they can run effectively and efficiently so it needs to be studied from the perspective of the state theory of Pancasila law. The research method used is normative juridical. The results showed that the urgency of regional institutions that refer to the principle of deliberation by remembering that Indonesia is a State of Pancasila Law, one of which needs to practice consultative values, it becomes necessary to construct regional institutions. The RIA method needs to be carried out to consider the costs and benefits in maximizing the implementation of ideal regional autonomy by elaborating on the arrangement of inefficient regional institutions so that they can be implemented optimally.
Implementation of Public Infrastructure, Facilities, and Utilities Development Assistance Program For Low-Income Community Housing in The City of Palembang According to Law Number 1 Year 2011 Concerning Housing and Settlement Area
Veteran Law Review Vol 6 No 1 (2023): Mei 2023
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v6i1.4895

Abstract

The Public Housing Infrastructure, Facilities and Utilities Assistance Program for Low-Income Communities (MBR) is the government's support to realize livable housing for Low-Income Communities (MBR) as stipulated in Law Number 1 of 2011 concerning Housing and Settlement Areas. In South Sumatra Province, Palembang City with an area of slum areas based on the Governor's Decree in 2021 reaches 4,451 hectares and is one of the cities that is a priority to get handling of urban slum settlements from the Ministry of PUPR. In accordance with the existing problems, the objectives to be achieved in this study are to determine the implementation of the infrastructure development assistance program in the form of low-income community housing roads in the city of Palembang and to determine the factors that influence the implementation of the infrastructure development assistance program in the form of low-income community housing roads. in the city of Palembang. The method used in this study in discussing the existing problems, the author uses two approaches, namely: a normative juridical approach and an empirical juridical approach. The data used in this study were sourced from library research and field research. After the data is obtained and collected, then it is analyzed descriptively which produces descriptive data in the form of written or spoken words from sources that can be understood. Then in analyzing the data, the author uses a qualitative method, which is a method of analyzing the data collected and then described in words or sentences, separated according to categories so that the final conclusion is obtained. The results and discussion in this study show that the implementation of the PSU Assistance Program in the form of roads can be seen from the following: First, the PSU Assistance Budget, the financial realization in the 2021 fiscal year reached 75.47% of the total budget ceiling, while the physical realization reached 72, 36%. Second, the amount of PSU Assistance in Palembang City, the implementation of PSU Assistance for MBR housing roads is not optimal and is less significant between the annual performance target and the performance agreement of the South Sumatra Province Housing Provision Work Unit. Only 18.89% can be achieved from the annual performance target of 1800 units in 2021. Of that number in Palembang City, there are 124 units. Third, the performance of the South Sumatra Provincial Housing Provision Work Unit, Ministry of PUPR, during the 2021 fiscal year, the activities and programs carried out were less than optimal. However, the performance of the Housing Provision Work Unit in 2021, especially in the housing road PSU Assistance program for MBR, has improved performance, because in 2020 there has been no implementation of PSU construction while in 2021 it has successfully implemented 340 units in South Sumatra Province while 124 units for the City Palembang. Factors influencing the implementation of the PSU Assistance program in the form of roads in Palembang City consist of supporting factors, namely: budget, the application process can be carried out anywhere or online with a web-based application, the number of low-income housing in Palembang City. While the inhibiting factors are: the Covid-19 pandemic, lack of technical staff, weather, coordination between stakeholders, at least proposals for PSU assistance submitted by developers. Suggestions that can be given to the Housing Supply Satker of South Sumatra Province are to improve planning, implementation, supervision and control of housing development, so that the performance targets that have been set can be realized maximally, and the implementers of the Palembang City PSU Assistance Program are more active in providing socialization to members associations for a more even and in-depth understanding. For the Ministry of PUPR so that the requirements for applying for road PSU Assistance for MBR Housing are updated to make it easier for developers to meet the requirements and get road PSU Assistance for MBR Housing, especially in the city of Palembang. And for developers to be more active in seeking information about the requirements and programs at the Ministry of PUPR, so that they can obtain the latest information and regulations to realize the goals and the common good.
Legal Sociology Approach: A Critical Study on Understanding the Law Kaharuddin Kaharuddin
Veteran Law Review Vol 6 No SpecialIssues (2023): April 2023
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v6iSpecialIssues.4955

Abstract

The need for legal certainty as progress and change in societal life. This article seeks to provide a description of legal practices in society that emphasizes a legal sociology approach to comprehending the laws, whether they are appropriate, different from or even at odds with the laws in the law book, or unwritten laws that are accepted as legitimate by society. This change has continued since antiquity, modern times, and even this age of civility or globalization.  There are many approaches and methods or approaches that can be used in building justice, including in the sociology of law approach.  Studies related to the method approach have recently experienced a dynamic development along with the needs and demands of the community. Theoretical studies and empirical research seek to answer various problems about the effectiveness of the work of law in the entire institutional structure of law in society. This legal sociology approach expects to describes the state of society complete with interrelated social structures and symptoms. It is used because the normative goal of the law is to have a good balance in society, the process of law is in the society itself, thus it can be said that society is the source of law, and the law cannot be separated from the social environment. It emphasizes the study of the relationship between law thinking and its social base and does not see the law as an esoteric area. The study of legal sociology using various approaches may give a positive contribution in understanding and developing law products and build a guaranteed life in accordance with applicable laws and regulations as well as community compliance with the law.
The Development of Procedural Law Through the E-Court System After Pandemic in Indonesia herina wati; Tan Kamello; Marlia Sastro
Veteran Law Review Vol 6 No SpecialIssues (2023): April 2023
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v6iSpecialIssues.4957

Abstract

Technological developments and Covid 19 Pandemic "forced" the Supreme Court (MA) to make breakthrough in procedural law, namely by launching E-Court application, through MA rules Number 3 of 2018 which was exchanged for rules Number 1 of 2019 concerning Case Administration and Trial in E-Courts. E-Court is instrument in court for service of case registration depositing case money to court summons and trial and online delivery of court documents. This study aims to analyze and provide an overview to public of breakthroughs made by the MA for Development of Procedural Law through e-court system. Research method used qualitative research, normative juridical approach. The development of procedural law was initially only intended for registration and examination of civil cases through Supreme Court rules (Perma) No. 3 of 2018 was replaced with Perma No. 1 of 2019 concerning Case Administration and Trial in Electronic Courts. But then e-court is not only for civil cases, it’s also to adjudicate criminal cases with issuance of MA regarding the online criminal trial file Number 4 of 2020. The application for electronic proceedings is an attempt by the Supreme Court to eliminate the obstacles commonly experienced by the judiciary, namely the lack of speed in resolving cases, the difficulty of obtaining data from the court, and the credibility of the integrity of the judiciary, especially judges
Patriarchal Culture, Sexual Violence, and Legal Protection for Women in Indonesia Nurnaningsih Nurnaningsih
Veteran Law Review Vol 6 No SpecialIssues (2023): April 2023
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v6iSpecialIssues.5758

Abstract

Patriarchal culture cannot be separated from women's lives. Male domination over women has become a daily reality in many countries. Patriarchal culture assumes that women are "objects" and men are humans. In this case, men become subjects, and women as objects are regulated by men in various lines of life and culture. The impact of patriarchal culture is to place women who experience sexual violence in a worse position. At the level of the construction of a large Indonesian society that still uses a patriarchal paradigm, women are placed as second-class citizens. As a result, often the statements and reports from women are not heard. A further implication for women victims of sexual violence is that they are re-victimized by society, considered as the party that caused the violence. This article will raise two legal issues related to legal theory and law. The first legal issue in this paper is related to feminist legal theory based on the feminist view that in history, law is to perpetuate the position of women under the subordination of men. After discussing feminist legal theory, the author will discuss the second issue, namely law related to law enforcement in the field of sexual violence and its relation to feminist legal theory. Feminist legal theory is needed in building the basis of statutory norms (legal dogmatics) and the justice system to eliminate all forms of violence, especially sexual violence.
Legal Interpretation of Regulation Law No. 2 of 2012 Concerning Land Acquisition for Development in The Public Interest Nurnaningsih Nurnaningsih
Veteran Law Review Vol 6 No SpecialIssues (2023): April 2023
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v6iSpecialIssues.5761

Abstract

Law No. 2 of 2012 concerning Land Acquisition for Development in the Public Interest (Land Acquisition Law) has been a guideline for the government in conducting land acquisition for more or less 10 years. In the Land Acquisition Law, land allotment for development in the public interest does not include mining as a part of development in the public interest This research aims to analyze and understand the Legal Interpretation of Regulation Law No. 2 of 2012 Concerning Land Acquisition for Development in The Public Interest. 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 is To ensure the availability of land for public interest by taking into account the balance between the interests of development and the interests of the community.

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