Honeste Vivere
Honeste Vivere is an open access and peer-reviewed journal that aims to offer an international academic platform for cross-border legal research in multiple governance policies and civil rights law, particularly in developing and emerging countries. These may include but are not limited to various fields such as civil law, criminal law, constitutional and administrative law, customary institution law, religious jurisprudence law, international regime law
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<![CDATA[Pembatasan Kebebasan Hak Asasi Manusia dalam Freedom of Speech ]]>
<![CDATA[Pasaribu, Mia Gisella Kartika]]>
<![CDATA[ Honeste Vivere Vol 35 No 1 (2025): January ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Kristen Indonesia ]]>
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DOI: 10.55809/hv.v35i1.360
<![CDATA[Freedom of Speech is one of scope of human rights (HAM). Human rights are a natural right that is inherent in humans and is protected worldwide based on the publication of various human rights instruments by the United Nations (UN). Indonesia as a democratic country participates in full support for freedom of opinion by every citizen who applies the 1945 Constitution article 28E paragraph 3, Law No. 39 of 1999 Article 23 paragraph 2, and Law no. 12 of 2005 concerning Ratification of the International Covenant on Civil and Political Rights (ICCPR). Various normative rules that provide guarantees that freedom will be expressed are in conflict with the normative rules in the ITE Law and the Criminal Code. In essence, inherent human rights must not be limited, but the Siracusa Principles allow action against human rights in certain conditions in each country. The application of legislation has actually been implemented in Article 28J of the 1945 Constitution regarding freedom of rights which are limited to freedom of other rights as well. These human rights restrictions are also included in the Siracusa Principles which are part of the ICCPR. This becomes interesting regarding the extent to which these limitations are legitimate in human rights.]]>
<![CDATA[NATURALISASI PEMAIN ASING DALAM HUKUM KONSTITUSI INDONESIA ]]>
<![CDATA[Silitonga, Marudut Parulian]]>;
<![CDATA[Kristina, Dina]]>
<![CDATA[ Honeste Vivere Vol 35 No 1 (2025): January ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Kristen Indonesia ]]>
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DOI: 10.55809/hv.v35i1.429
<![CDATA[A basic right of every human being is to choose the citizenship they want. In every country's constitution regulates how everyone can have citizenship in their country. In the world of sports, especially football, every country in the world wants to participate in the World Cup competition organized by FIFA. And also football players take part in the World Cup competition. The Republic of Indonesia wants its national team to participate in the World Cup competition, so PSSI as a national football organization recruits foreign players to become national players. For that, foreign players must become Indonesian citizens or what is called naturalization. Indonesia as a country of law, everyone must submit to the constitution in force in Indonesia, as stated in the 1945 Constitution of the Republic of Indonesia and the laws governing citizenship]]>
<![CDATA[PERANAN KOMISI PEMBERANTASAN KORUPSI (KPK) DALAM PEMBERANTASAN TINDAK PIDANA KORUPSI DI INDONESIA ]]>
<![CDATA[saragi, paltiada]]>;
<![CDATA[Washington Hasiholan, Andree]]>
<![CDATA[ Honeste Vivere Vol 35 No 1 (2025): January ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Kristen Indonesia ]]>
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DOI: 10.55809/hv.v35i1.430
<![CDATA[The increase of corruption now could not be categorized as common crime anymore but it had been an extraordinary crime. The way to wipe it out could not be done commonly too. It also demanded an extraordinary way. Law enforcement to remove the corruption done conventionally so far had various obstacles. Thus, extraordinary method of law enforcement was needed by forming a special committee that had a wide and independent authority and free from any power. The committee was KPK that was formed officially based on regulation No 30 year 2002. The normative role and function of KPK was doing investigation and prosecution on the case of corruption involving apparatus of law upholder, state operator, and other people who dealt with corruption case and dealt with nation loss at least Rp1.000.000.000,- (one billion rupiah). Besides having several strong points, in the practice of removing corruption, KPK also had many challenges; some of them were the working area of KPK that was too wide, the problem of relationship inter institution of corruption removing, and KPK socialization had not touched society. ]]>
<![CDATA[KONTEKSTUALISASI KONSEP PEMBELAAN TERPAKSA (NOODWEER EXCES) DALAM TINDAK PIDANA PENGANIAYAAN ]]>
<![CDATA[Lengkong, Lonna Yohanes]]>;
<![CDATA[Situmeang, Tomson]]>;
<![CDATA[Sianipar, Christine Nataniar]]>
<![CDATA[ Honeste Vivere Vol 35 No 1 (2025): January ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Kristen Indonesia ]]>
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DOI: 10.55809/hv.v35i1.386
<![CDATA[In the Indonesian Criminal Code (KUHP), there is a concept known as a criminal elimination reason, which allows a person who commits an act that would normally be considered a crime to go unpunished. One such reason is the concept of forgiveness, which eliminates the perpetrator's guilt. This means that even though their actions are proven to violate the law, the perpetrator is not punished due to the elimination of their guilt. An example of such a concept is Forced Defense that exceeds the limit (noodweer excesses). This study focuses on the regulation of excessive forced defense (noodweer exces) according to criminal law in Indonesia, as well as the application of this concept in a specific court decision. The research method used is normative legal research, with a case approach, using various legal materials such as legislation, decisions, expert opinions, legal dictionaries, law journals, and encyclopedias. The study's findings indicate that the defendant has fulfilled all the elements of excessive forced defense (noodweer exces) as regulated in Article 49, Paragraph (2) of the Criminal Code. It was found that the defendant did not intentionally stab the victim with a knife due to being in a state of great shock at the time]]>
<![CDATA[TINJAUAN YURIDIS TENTANG PERTANGGUNGJAWABAN TINDAK PIDANA KORUPSI ]]>
<![CDATA[DIANA Darmayanti Putong]]>;
<![CDATA[MARCELLINO LIMBAT]]>;
<![CDATA[ROSEL PAKASI]]>
<![CDATA[ Honeste Vivere Vol 35 No 1 (2025): January ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Kristen Indonesia ]]>
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DOI: 10.55809/hv.v35i1.389
<![CDATA[Artikel ini telah dicabut penerbitannya karena alasan tertentu. Surat permohonan pencabutan artikel oleh author dan surat keterangan pencabutan artikel oleh editor dapat diakses di sini.]]>
<![CDATA[PERBANDINGAN PENGATURAN TINDAK PIDANA PENODAAN AGAMA DI INDONESIA DENGAN PAKISTAN (TINJAUAN BERDASARKAN MIXED LAW SYSTEM) ]]>
<![CDATA[Silaban, Marthin Adolf Alexander]]>
<![CDATA[ Honeste Vivere Vol 35 No 1 (2025): January ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Kristen Indonesia ]]>
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DOI: 10.55809/hv.v35i1.400
<![CDATA[Indonesia and Pakistan are presently among the nations that criminalize blasphemy. Both nations are the largest Muslim-majority countries globally. Notably, the regulation of blasphemy varies significantly between the two countries. This study was conducted in a normative legal framework. The findings reveal that the disparities in blasphemy regulations between Indonesia and Pakistan are influenced by each country's legal heritage and historical context. Although both are classified as mixed legal systems, Indonesia's legal framework is dominated by civil law, whereas Pakistan legal system is dominantly shaped by Islamic law along with the common law system derived from England. In Indonesia, blasphemy is addressed under Article 156a KUHP, UU PNPS, and UU ITE, imposing penalties of imprisonment and/or fines. In contrast, Pakistan's legislation comprises numerous articles that specifically criminalize blasphemy across various classifications, imposing severe penalties including the death penalty, life imprisonment, and specific terms of incarceration, often accompanied by fines. In comparison, Indonesia's criminal act of religious blasphemy aligns more closely with human rights principles and is less discriminatory compared to Pakistan Penal Code]]>
<![CDATA[PENEGAKAN HUKUM DI ZONA EKONOMI EKSKLUSIF BERDASARKAN KONVENSI PBB TAHUN 1982 TENTANG HUKUM LAUT DAN UNDANG-UNDANG NOMOR 5 TAHUN 1983 TENTANG ZONA EKONOMI EKSKLUSIF INDONESIA ]]>
<![CDATA[simanjuntak, mangisi]]>
<![CDATA[ Honeste Vivere Vol 35 No 1 (2025): January ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Kristen Indonesia ]]>
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DOI: 10.55809/hv.v35i1.420
<![CDATA[Law enforcement in Indonesia's Exclusive Economic Zone (EEZ) is carried out in order to secure and exercise sovereign rights to explore and exploit, manage and conserve biological and non-biological natural resources from the seabed and the land below and the water above it and other activities for the economic exploitation of the zone, such as power generation from water, currents and wind. Jurisdiction relating to the manufacture and use of artificial islands, installations and other buildings. Scientific research on marine affairs and the protection and preservation of the marine environment. Law enforcement in Indonesia's EEZ is often constrained by the lack of patrol vessels not proportional to the extent of Indonesia's EEZ. Compared with other ASEAN countries, Indonesia's EEZ area is ranked first, meaning that Indonesia has the largest EEZ, namely 1,577,300 square miles. The extent of Indonesia's EEZ certainly has juridical consequences for securing and enforcing the law (law enforcement).]]>
<![CDATA[PERKEMBANGAN TEKNOLOGI MENGHARUSKAN PEKERJA UNTUK MEMILIKI KETERAMPILAN BARU YANG RELEVAN ]]>
<![CDATA[Dhanes Danarjati Soepono]]>;
<![CDATA[Adelina Siregar, Rospita]]>;
<![CDATA[Siringoringo, Poltak]]>
<![CDATA[ Honeste Vivere Vol 35 No 1 (2025): January ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Kristen Indonesia ]]>
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DOI: 10.55809/hv.v35i1.421
<![CDATA[Rapid technological developments, especially in the context of the Industrial Revolution 4.0, have changed the world of work significantly and require workers to master new and relevant skills. This article analyzes the impact of technological developments on the need to increase workers' skills, especially in relation to social security and work safety laws in Indonesia. The aim of this research is to explore how changing skills requirements affect occupational safety and social protection of workers under the applicable legal framework. By reviewing regulations such as Law no. 40 of 2004 concerning the National Social Security System and Law no. 1 of 1970 concerning Occupational Safety, this research highlights the legal responsibility of companies in ensuring workers have the ability to work safely using new technology. The methodology used includes legal studies as well as case studies from the manufacturing and mining sectors, which have been greatly impacted by technology. The results show that a lack of relevant skills increases the risk of work accidents and can affect workers' social security claims. Therefore, continuous skills development is critical to bridge this gap and ensure worker safety and regulatory compliance.]]>
<![CDATA[PROBLEMATIKA EKSEKUSI PUTUSAN PENGADILAN TERHADAP PERUSAHAAN PERKEBUNAN YANG TERKENA DENDA GANTI KERUGIAN GUGATAN LINGKUNGAN HIDUP ]]>
<![CDATA[Wibawa Sitanggang, Riko]]>
<![CDATA[ Honeste Vivere Vol 35 No 1 (2025): January ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Kristen Indonesia ]]>
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DOI: 10.55809/hv.v35i1.422
<![CDATA[Several palm oil plantation companies have filed for voluntary bankruptcy through commercial offers to avoid the burden of environmental fines due to environmental lawsuit fines. Instead of paying the fines, the company's assets after being calculated are not enough to pay the fines, let alone the company's operational costs such as mortgage credit, employee wages, and tax payments. As a result, an event of no benefit occurs due to environmental fines for the plantation company. The above events finally encouraged me to write this law by analyzing several regulations, court decisions, legal events that occurred, and of course based on the theory of Radburgh's benefits and continuous development, especially in the field of natural resources and palm oil commodities, especially for palm oil plantation companies that have been subject to environmental fines but their company assets are insufficient and in the end the plantation company filed for voluntary bankruptcy through a commercial permit.]]>
<![CDATA[PENEGAKAN KODE ETIK DAN KODE PERILAKU KPK OLEH DEWAN PENGAWAS KPK ]]>
<![CDATA[Bello, Petrus]]>
<![CDATA[ Honeste Vivere Vol 35 No 1 (2025): January ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Kristen Indonesia ]]>
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DOI: 10.55809/hv.v35i1.424
<![CDATA[The many ethical violations by KPK personnel recently indicate that the level of compliance of KPK personnel towards KPK's code of ethics and code of conduct is weak and surely this raises the question of whether the KPK Supervisory Board has properly enforced KPK's code of ethics and conduct. This paper attempts to analyze the position of the KPK Supervisory Board and its role in enforcing KPK's code of ethics and conduct towards KPK Leaders and Employees. In analyzing the position of the KPK Supervisory Board, it will first be traced through Law Number 30 of 2002 concerning the Corruption Eradication Commission as last amended by Law Number 19 of 2019 concerning the Second Amendment to Law Number 30 of 2002 concerning the Corruption Eradication Commission, and then traced through the Constitutional Court Decision Number 71/PUU-XVII/2019 dated May 4, 2021. This analysis is in order to strengthen the position of KPK Supervisory Board in enforcing KPK's code of ethics and conduct. This paper also attempts to propose a diagnosis of KPK's code of ethics and conduct on the one hand and the enforcement of KPK's code of ethics and conduct as well as the examination and implementation of trials for violations of that code of ethics and conduct committed by KPK personnel in order to realize the enforcement of KPK's code of ethics and conduct that is good and just.]]>
