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Honeste Vivere
Published by Universitas Kristen Indonesia
ISSN : 02158922     EISSN : 29639131     DOI : https://doi.org/10.55809/hv.v34i1
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
 1 
Search results for , issue "Vol 35 No 2 (2025): July" : 10 Documents clear
PENEGAKAN PROVINCE OF ALL MANKIND DALAM KOMERSIALISASI ANTARIKSA Pasaribu, Mia Gisella Kartika; Tanggono, Sandy
Honeste Vivere Vol 35 No 2 (2025): July
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v35i2.428

Abstract

The development of space law under the Space Agenda 2030 has undergone numerous phases and evaluations. Human rights are an inseparable part of international law that must be upheld. Space law and human rights must operate synergistically within a treaty. The need for a treaty to guarantee legal certainty within the limits of commercial activities in outer space is also part of the human rights concerns of space law. The commercialization of outer space has binding regulations, which can then give rise to potential human rights violations, particularly from the perspective of business competition by developing countries and/or environmental threats to human life. These issues should be the focus of space law, allowing for the creation of laws to fill the gaps and establish independent enforcement and oversight instruments for space activities. The Space Agenda 2030 is expected to serve as a forum for the international community to address issues affecting commercial space activities, leading to the creation of space law that effectively prioritizes human rights.
KEPASTIAN HUKUM PELAKSANAAN LELANG TANAH DAN BANGUNAN PADA KREDIT MACET DARI BANK Hutagalung, Chyntia; Radhitya A. Sadiqien; Diana RW Napitupulu
Honeste Vivere Vol 35 No 2 (2025): July
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v35i2.440

Abstract

The presence of credit facilities in the community can be used as a solution to meet consumptive needs, both personal and for business people. However, in the midst of the ease of credit facilities provided by the Bank, its implementation is inseparable from challenges and obstacles, namely the occurrence of bad credit. Therefore, when the debtor applying for credit, providing collateral to the bank is one of the ways to guarantee or provide certainty that the proposed debt obligations will be paid back. The form of collateral provided can be in the form of a mortgage on the customer's ownership certificate if it is an immovable asset such as land and buildings. This research uses normative legal research methods, with secondary data, namely ready-made materials or library legal materials. The legal materials used consist of primary, secondary, and non-legal materials. The results showed that in the event of bad credit, the object of mortgage rights used as collateral can be executed through an auction as stipulated in Law Number 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land, so that legal certainty in the implementation of land and building auctions on bad credit from banks in principle can provide legal protection for both creditors and debtors.
PELUANG DAN TANTANGAN DIGITALISASI DALAM INDUSTRI ASURANSI Arifin, Saiful; Chyntia Hutagalung; Diana RW Napitupulu
Honeste Vivere Vol 35 No 2 (2025): July
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v35i2.441

Abstract

The insurance industry is undergoing a massive transformation with rapid technological advancements. Future trends in this industry will be heavily influenced by digitalization, insurtech, and the use of Big Data. These innovations create new, very promising opportunities for insurance companies and young professionals who want to build a career in this industry. This study aims to foster a deeper understanding of the opportunities and challenges of digitalization in the Insurance industry trends and progress in related literature, allowing the identification of prospects and obstacles faced by the insurance industry in facing digital transformation, and formulating appropriate strategies to face this increasingly digital future. The systematic literature review (SLR) method, also known as a systematic literature review, is a method that identifies, examines, evaluates, and interprets every available research. Based on the results of the study, it was found that Insurtech has great potential to transform the insurance industry in Indonesia. Regarding the potential of Insurtech in the digital era, it has quite broad future opportunities, because this insurance focuses more on individual or family financial management or even companies. Although challenges will always be there, the insurance industry must remain ready to innovate and we continue to learn to gain a strong competitive advantage in this ever-growing insurance industry.
KEWENANGAN MENGADILI BADAN DAN/ATAU PEJABAT PEMERINTAH (ONRECHTMATIGE OVERHEIDSDAAD) YANG BERSIFAT KEPERDATAAN Wibawa Sitanggang, Riko
Honeste Vivere Vol 35 No 2 (2025): July
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v35i2.459

Abstract

In practice, there is indeed a limitation of competence between the State Administrative Court and the General Court within the scope of the Supreme Court of Indonesia (Peraturan Mahkamah Agung Republik Indonesia No. 2 Tahun 2019 dan Surat Edaran Mahkamah Agung Republik Indonesia No. 2 Tahun 2019). However, the principle of justice prioritises the idea that courts cannot reject submitted applications (ius curia novit), particularly for those seeking justice. The development of judicial competence certainly brings about legal events that require judges to examine cases submitted to them based on applicable law (rechtmatigheid) and legislation (wetmatigheid), regardless of whether the case falls into the category of absolute inter-judicial competence. This is particularly important when legal events involve government agencies and/or officials, while ensuring that the applicant's sense of justice as a justice seeker is not harmed or eliminated.
PEMILIHAN KEPALA DAERAH MELALUI DPRD DALAM SISTEM KETATANEGARAAN INDONESIA Micze Ridua, Srye
Honeste Vivere Vol 35 No 2 (2025): July
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v35i2.567

Abstract

The discourse of returning the regional head election system from direct election by the people to election through the DPRD has become a hot debate in Indonesia. This study examines the constitutional legitimacy of the regional head election system through the DPRD within the framework of the Indonesian constitutional system. The 1945 Constitution of the Republic of Indonesia Article 18 paragraph (4) states that regional heads are "democratically elected", which provides a wide interpretation of the election mechanism, either directly or indirectly through representatives. This change in the election mechanism is not just a technical administrative issue, but has profound legal implications for the constitutional structure, democratic legitimacy, and the local government system as a whole. In constitutional law theories such as the principles of democracy, people's sovereignty, and regional autonomy, the election of regional heads through the DPRD creates different legal dynamics compared to the direct election system, both in the context of the power relationship between the executive and the regional legislature and in terms of political accountability to the community. This research uses a normative juridical method with a qualitative approach, which is carried out by examining laws and regulations, legal doctrines, and court decisions related to the election of regional heads through the DPRD. The results of the study show that the election system through the DPRD has constitutional legitimacy, but it carries legal consequences in the form of changes in the power structure, transformation of people's sovereignty from direct to indirect, and the potential for increased transactional politics.
DINAMIKA KOMPETENSI PENGADILAN DALAM MENGADILI SENGKETA PERTANAHAN ANTARA PERADILAN UMUM DAN PERADILAN TATA USAHA NEGARA Ritonga, Francois Geny; Bethesda, Corine R.
Honeste Vivere Vol 35 No 2 (2025): July
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v35i2.570

Abstract

The rights of Indonesian citizens are protected by law, including the right to own, obtain, and enjoy land ownership rights, both individually and collectively. Over time, conflicts or disputes often arise as a result of the growing needs of society, including land disputes. Land conflicts or disputes can occur and various problems arise, including: the existence of double certificates (overlapping), unlawful acts, ownership disputes, and others. Conflict or dispute resolution can be resolved through non-litigation or litigation. In the case of litigation, the parties often want a resolution through the Court, either the District Court (PN) or the State Administrative Court (PTUN). The Court has the authority to examine and adjudicate its own case, however, in resolving land conflicts or disputes, it can be resolved between these courts, thus creating dynamics in the court's authority in terms of the Court's competence in adjudicating land disputes
E-COURT SEBAGAI REALISASI ASAS PERADILAN CEPAT, SEDERHANA DAN BIAYA MURAH DALAM PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL Sitohang, Mawar; Sinaga, Haposan Sahala Raja; Wijayati, Rr Ani; Siregar, Rospita Adelina; Widyani, I Dewa Ayu
Honeste Vivere Vol 35 No 2 (2025): July
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v35i2.574

Abstract

The Industrial Relations Procedure Law by Law Number 2 of 2004 concerning Industrial Relations Dispute Resolution, regulates the procedures for resolving disputes through deliberation, mediation, conciliation, arbitration, and industrial relations courts, by applying the principles of fast, simple, and low-cost justice. The research method used is a normative juridical research method. The results of the study concluded that the time period for resolving industrial relations disputes is often not by the provisions stipulated in Law Number 2 of 2004, so it is necessary to get the attention of relevant parties in the dispute resolution process by using information technology platforms such as e-court in resolving industrial relations dispute cases as has begun to be applied to the settlement of disputes at the litigation level.
TANGGUNG JAWAB ILMUWAN DALAM PENEGAKAN HUKUM BERDASARKAN KEBENARAN DAN KEADILAN Siringoringo, Poltak; Bello, Petrus
Honeste Vivere Vol 35 No 2 (2025): July
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v35i2.578

Abstract

The responsibility of scientists is an ethical concept in which scientists are required to bear any consequences caused by the science itself, both from the theoretical side and the practical side, in the sense that scientists are required to answer and solve any problems caused by science or not caused by science itself. Scientific responsibility, in this case, is not a burden, but a characteristic of the dignity of science and the scientist itself. This paper will focus on the responsibility of scientists in enforcing the law based on truth and justice, by explaining and showing several important reasons why scientists need to be socially responsible in carrying out their scientific activities, explaining several forms of scientist responsibility based on professional standards of behavior and moral behavior as scientists, explaining the responsibility of scientists in the legal field in enforcing the law based on truth and justice, and explaining how to improve the attitude of scientist responsibility as part of improving their moral behavior as scientists.
PENEGAKAN HUKUM BAGI ANGGOTA KEPOLISIAN NEGARA REPUBLIK INDONESIA PELAKU TINDAK PIDANA NARKOTIKA YANG DITUNTUT PIDANA MATI Budiman, Daniel Satria; Sudjiarto, Tatok; Hasiholan, Andree Washington
Honeste Vivere Vol 35 No 2 (2025): July
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v35i2.580

Abstract

The case involving Teddy Minahasa, former East Java Regional Police Chief, attracted public attention because of the death penalty charges against him due to his involvement in drug trafficking. Even though he was charged with the death penalty, in the end the panel of judges decided to sentence him to life imprisonment. This research aims to analyze the legal dynamics that occurred in this case, including the legal considerations that influenced the judge's decision to reduce the sentence from the death penalty to life imprisonment. The approach used in this research is a normative juridical method, which focuses on analysis of court decisions and applicable laws, especially in cases of narcotics crimes involving state officials. It is hoped that the findings from this research will provide insight into the principles of justice in the Indonesian criminal justice system and how judges consider when imposing heavy sentences on perpetrators who have important positions in society.
KOMPREHENSIF TENTANG HUKUM PIDANA BALASAN DAN IMPLIKASINYA Lengkong, Lonna Yohanes; Saragi, Paltiada; Sianipar, Andree Washington
Honeste Vivere Vol 35 No 2 (2025): July
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v35i2.585

Abstract

Retaliatory criminal law is a fundamental paradigm in the criminal justice system that emphasizes appropriate retribution against perpetrators of crimes. This study comprehensively examines the concept of retaliatory criminal law, its implementation in the Indonesian legal system, and its implications. Through a normative juridical approach and comparative analysis, this study reveals that although retaliatory criminal law has strong philosophical legitimacy, its implementation faces various challenges in the context of modern criminal law developments. The New Criminal Code (Law No. 1 of 2023) demonstrates a paradigm shift from pure retribution to a neoclassical approach that integrates corrective, restorative, and rehabilitative elements. This study finds that the implementation of supervisory punishment as an alternative to sentencing reflects the evolution of a more humanistic concept of retaliatory criminal law. However, technical challenges in its implementation, especially for law enforcement officials such as prosecutors, require comprehensive supporting regulations. The study's conclusions demonstrate the need to balance the goal of retribution with aspects of victim recovery and perpetrator rehabilitation to achieve more holistic justice.

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