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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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The Simultaneous Vacancy of the Definitive Regent and Vice Regent Positions in Muara Enim and Ogan Komering Ulu dedeng zawawi; Alip D Pratama; Hatta Azzuhri
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.5834

Abstract

The condition of a vacancy in the Head of the Region position in a problem that occurred in Muara Enim and Ogan Komering Ulu becomes a unique issue in filling the position because the vacancy happened simultaneously in both the Regent and Vice Regent positions. Currently, in Muara Enim, the position is filled by an Acting Regent (Plt) who was appointed by the Regional People's Representative Council (DPRD) after the Vice Regent's election. However, there is currently a legal challenge in the State Administrative Court (PTUN) regarding the DPRD's appointment decision. For Ogan Komering Ulu Regency, the elected Regent and Vice Regent from the 2020 local elections, Kuryana Azis, passed away shortly after being inaugurated as Regent. Meanwhile, the Vice Regent, who had previously been a corruption defendant, was unable to perform his duties one day after the inauguration. Currently, the Governor has appointed the Head of the Department as the Acting Regent. However, Article 65 paragraphs (5) and (6) of the Local Government Law state that the Secretary of the Region (Sekda) should be the one to carry out the duties as the Acting Regent. "This research aims to provide an answer on the appointment process of the Regent and Vice Regent positions that are vacant simultaneously. This is because the Local Government Law and the Regional Head Election Law only regulate the vacancy of one position, either the Regent or Vice Regent. The method used in this research is a juridical-normative approach, with a combination of legislation analysis, case studies, and comparative approaches. The results of this research show that the appointment of a Substitute Regional Head follows the provisions of Law No. 23 of 2014, Law No. 10 of 2016, and Government Regulation No. 12 of 2018. The position of the Regional Head, Acting Regional Head, Acting Regent, Interim Regent, and Acting Officer is regulated under Law No. 23 of 2014, Law No. 30 of 2014, Law No. 10 of 2016, Government Regulation No. 49 of 2008, and Government Regulation No. 1 of 2018.  
Analysis of the Relationship between the Concept of Onrechtmatige Overheidsdaad and Maladministration Practices in Public Services in Indonesia Pratiwi, Sukmananda Ahya; Arfah, Wahanani Leila; Sianturi, Stefanus
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.v7i1.5745

Abstract

Effective public service provision is an essential responsibility of government institutions, and it is imperative to ensure that these services operate within the confines of applicable laws and regulations. Maladministration refers to the illegal or deviant practices carried out by government administrators or officials in the provision of public services. This study aims to classify maladministration as an act of illegality by the government, or onrechtmatige overheidsdaad, and examine the government's role in resolving these issues. Normative legal research methods were employed to achieve the study objectives. The findings of this research indicate that maladministration constitutes an unlawful act by state authorities/officials that causes harm to the community. Furthermore, Indonesia, as a state of law, has instituted legal and non-legal measures for resolving these issues.
PENEGAKAN HUKUM LALU LINTAS JALAN SECARA ELEKTRONIK SEBAGAI WUJUD PEMBANGUNAN HUKUM WILAYAH HUKUM JAKARTA SELATAN Sekar Putri Nindyaningrum; Gayo, Sabela; Hakim, Lukman
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.v6i2.6232

Abstract

This research will focus on discussing the use of ETLE technology in the digital era in optimizing law enforcement in the traffic sector in order to reduce the number of traffic violations that occur today. Through the use of ETLE technology, it will be easier for the Traffic Unit to carry out its duties in the traffic field. The research method used is empirical juridical legal research. The research is descriptive analytical. The results showed that the problem in this study refers to the number of traffic violations that occurred in Indonesia in 2022, especially in the South Jakarta Legal Area. It was recorded that in 2022, the prosecution of traffic violations amounted to 57,756, compared to 29,349 in 2021. Although traffic law arrangements have been updated, there are still many traffic violations that occur. In the implementation of ETLE at the South Jakarta Metro Police, it has proven effective in catching traffic violators, but there are several obstacles in its implementation. Such as the weakness of the E-TLE camera, besides that the ticket sanctions are also not on target where the ETLE work mechanism raises the possibility that traffic violators are not motor vehicle owners, while the ticket will be sent with the database of motor vehicle owners in the motor vehicle registration and identification database.
PENDEKATAN HUKUM PIDANA TERHADAP KEPEMILIKAN TANAH ABSENTEE SEBAGAI BENTUK PERLINDUNGAN HUKUM OLEH NEGARA Nainggolan, Samuel Dharma Putra; Negara, Dharma Setiawan
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.v6i2.6351

Abstract

The enactment of the Basic Agrarian Law (UUPA) has changed the constellation of land in Indonesia. The spirit of anti-colonialism is eliminated as much as possible in the regulation of land in Indonesia. There is land that functions as agricultural land that is owned by parties who do not even live where the land is located, known as Absentee. This can hurt the spirit of the UUPA which wants to protect land ownership by indigenous people who live where the land is located. It is felt that the criminal law approach needs to be considered in an effort to protect the spirit of the BAL, in this case absentee land ownership. This legal research is normative legal research using a statutory approach, a conceptual approach that aims to analyze the criminal law approach to absentee land ownership in realizing social justice for all Indonesian people.
PENANGGULANGAN TINDAK PIDANA YANG DILAKUKAN OLEH WANITA DALAM PEREDARAN NARKOTIKA: (Studi di Polres Demak) Arifin; Wibawa, Iskandar
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.v6i2.6382

Abstract

Based on data from the Demak Detective Police in 2023, it appears that there is a decrease in female suspects who are narcotics cases at the Demak Police Station, indicating that the prevention measures are optimal, but on the other hand it needs to be analyzed whether it has been optimally carried out by law enforcers and whether it is due to the imposition of penalties on users and dealers who are appropriate, or because of special guidance / handling. The research method used is empirical juridical legal research. The results of the research of Demak Police have carried out the right criminal law policy, which includes what actions should be made a criminal offense and what sanctions should be given to the violator. So it can be concluded that law enforcement against narcotics crimes committed by women in the Demak Police jurisdiction, namely First, is to start from preventive measures (preventive) and secondly by repressive means if the preventive method is unsuccessful which is the core of the duties and authority of the police as law enforcers in their capacity as investigators. And there is no difference (all the same) law enforcement between abuse committed by men or women, both dealers, dealers / couriers and users, but the same treatment in terms of investigation. The only difference is when the search of the female body is carried out by the female police.
Partisipasi Masyarakat dalam Proses Pembentukan KUHP Nasional untuk Mewujudkan Negara Kesejahteraan sebagai Hukum Responsif Lawrencya, Sheryn; Anisa, Tasya
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.v6i2.6383

Abstract

The formation of legal products becomes a necessity in responding to the interests of society. The formation of regulations determines whether they are able to distribute comfort and welfare to the community or cause conflict. Get aspirations and agreements from the community is a form of responsive law. The participation of all elements of society is important in the process of producing legal products, especially the National Criminal Code which has been drafted since 1963, but there are still many controversial articles and cause debate in society. This writing uses research methods and data collection techniques in a normative juridical way to find better law and offer solutions to legal problems, by descriptive critical analysis with document study. DPR as the representative of the society has an important role in accommodating and following up on the aspirations of the society. Able to recognize the public's desire to realize the concept of a welfare state and responsive law. Further evaluation needs to be carried out in the legislative process by including the aspirations of the society.
Hak Keperdataan Anak Warga Negara Indonesia Yang Tergabung Dengan Organisasi Teroris Internasional Muhammad Syam Riva'i; Davilla Prawidya Azaria
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.v7i1.6387

Abstract

As the defeated Islamic State of Iraq and Syria (ISIS) raises neglected misfortune for Indonesian children whose parents once participated in the organization. Indonesia's Government's decision to repatriate has not yet been fully executed while circulating threatened punishment by the Government to withdraw the nationality of a person involved in ISIS to make it worse. In contrast, international law safeguards civil rights for children despite their status of unwillingly participating in terrorist organizations. Normative juridical research was conducted by taking statutory and conceptual approaches to examine national regulation of children's civil rights legal protection. The result shows that children's civil rights ex-ISIS remain valid as their indivisible fundamental rights while state compliance is necessary. Redefining children's status as children of terrorist network victims is mentioned in Article 59 (2) (k) of Law No. 35/2014 concerning Children's Protection. With a status as a victim, a particular procedure can be executed to restore and safeguard child civil rights. Ministry of Women Empowerment and Child Protection (Kemen PPPA) coordinates with National Counter Terrorism Agency (BNPT) mandates to exercise legal aid to provide education, counselling, rehabilitation, and social assistance.
Corporate Crime in Smuggling Illegal Foreign Workers in Indonesia Fitri Yanni; Zulyadi, Rizkan; Syaputra, M. Yusrizal Adi
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.v6i2.6390

Abstract

The globalization era facilitates the mobilization of workers across borders, resulting in the influx of foreign workers (TKA) into Indonesia. The employment of TKA aligns with the nation's goals of enhancing investments, technology transfers, and expertise to Indonesian Citizen Workers (TKI) while broadening employment prospects. Per the Job Creation Law No.11 of 2020, Article 45 paragraph (1) stresses the necessity of assigning TKI as companions for foreign workers. This mandate emphasizes training to facilitate technology and skill transfer from foreign workers to TKI companions. Employing the standard legal approach, this study aims to evolve legal theories through a rigorous scientific process. It involves scrutinizing legal documents to explore the regulatory framework and theories relevant to contemporary issues. Utilizing a descriptive analytical method, this research interprets and correlates legal statutes and theories with present concerns. Findings, employing a deductive approach, point to the classification of illegal foreign workers and the necessary sanctions for companies involved in illegal labor trafficking. Illegal foreign workers breach migration regulations, while companies partaking in unlawful labor trafficking face stringent penalties like imprisonment, fines, and license revocation. This study underlines the imperative to enforce legal measures to curb illegal labor practices and protect the nation's labor integrity.
Rumusan Terminologi Keamanan Maritim Dipandang dari Sisi Partisipasi Masyarakat Pratondo Ario Seno; Firdaus, Elsa Aliya Rizqoh
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.v7i1.6403

Abstract

There has not been a single concept about maritime security that caused plurality in giving the multi-aspect meaning of maritime security, meanwhile the necessary of maritime security law demands the necessary of a single concept about maritime security. Terminology of maritime security is necessary to arrange master plan in reaching national objective in maritime sector that decided by President Joko Widodo as maritime global fulcrum vision. This research aims to formulate terminology of maritime security by using people participation’s point of view or with the other word to formulate meaning of maritime security participatory. The methods used in this research are qualitative method, normative law method, and legal system method with the result is terminology of maritime security formulated as “realization of people participation by checks and balances principle to uphold law state supremacy in sea region to reach global maritime fulcrum”.
Conditional Release Policy to Resolve Overcapacity in Correctional Institution Dean Anugra, Muhammad; Susanti, Emilia
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.v7i1.6409

Abstract

As a place to rehabilitate convicts, correctional institutions foster convicts to become better person with a good character, independence, skill, discipline and awareness of the law. This is in accordance with the function of the correctional system which is a system of treatment of convicts, which follows the renewal of prison sentences based on Pancasila and the principles of humanity. The problem is, currently the majority of correctional institutions in Indonesia have over capacity problems. This over capacity has the potential to become various problems. An example is the monitoring and rehabilitation of convicts that doesn't work properly, and even spends a lot of budget on operational costs. The problem of overcapacity which certainly has an impact on various aspects of life in prisons or detention centers which tends to be dysfunctional towards the achievement of correctional goals. The conditional release policy for convicts who prioritizes the principles of rehabilitating can be used as a solution in solving various problems and accommodating legal needs in society. The establishment of this arrangement is also part of an effort to harmonize regulations in order to create a correctional system that is oriented towards protecting human rights in the 1945 Constitution of the Republic of Indonesia.

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