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INDONESIA
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 64 Documents
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KEWENANGAN MPR SEBAGAI LEMBAGA TINGGI NEGARA Silitonga, Marudut Parulian; Wijayati, Ani; H, Andree Washington
Honeste Vivere Vol 34 No 1 (2024): January
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

Every high state institution in the Republic of Indonesia has the authority contained in the 1945 Constitution of the Republic of Indonesia. The authority granted by the constitution is a binding authority for high state institutions. The strengths and weaknesses of the authority of high state institutions influence the constitutional law system in Indonesia. Authority between high state institutions is a reflection of the checks and balances in the democratic system in Indonesia. The People's Consultative Assembly (MPR) of the Republic of Indonesia has become the highest state institution after the 1945 Constitution of the Republic of Indonesia, where this institution is called the highest state institution. As a high state institution, the MPR has the authority to amend and enact the constitution. The MPR's authority is also stated in Law No. 17 of 2014 concerning MD3 in article 4, which is more ceremonial in nature. Strengthening the authority of the MPR is very necessary as a high state institution to create balance and corrections between state institutions. It is hoped that the MPR institution will not be a complementary high institution in the Indonesian constitutional system.
FORENSIC PSYCHOLOGY FOR JUSTICE RESTORATION Teme, Melania Roswita
Honeste Vivere Vol 34 No 1 (2024): January
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v34i1.306

Abstract

Indonesia is in the fourth of most populous country in the world with a population of around 266,872,775 people (BPS, 2017), which has an impact on the emergence of social problems, crime and others. Central Bureau of Statistics data also illustrates in the period 2014 to 2016 the number of crimes in Indonesia tended to increase significantly in detail years: 2014: 325,317 cases, 2015: 352,936 cases, 2016: 357,197 cases. Meanwhile the number of recidivists also increased significantly. The current legal process, from the beginning to the results of the court rulings, to the correctional stage is deemed not optimal in fostering criminals to reduce recidivist rates. Besides the problem of the accumulation of case files and an overflowing number of prison inmates which have an impact on waste of the state budget. Recently, there has been a punishment paradigm known as restorative justice which encourages perpetrators to repair the losses they have caused to victims, their families and also the community. (Makarao, 2013). However, in the Justice Restoration process, law enforcement officials still need a real and objective format not only based on analogy and legal interpretation. To achieve this real, objective format, the use of forensic psychology is very much needed in the criminal justice process not only assisting during the examination at the police, at the prosecutor's office, in court and when the convict is in a correctional facility, but forensic psychology is utilized independently and optimally both at the level and level of collaborative technical applications, accompanied by a more futuristic understanding. Thus, it is hoped that this profession will help realize the supremacy of the legal system under a constitution that is effective and responsive, professional and with integrity in order to achieve the objectives of the law.
REGULASI PERSAINGAN USAHA DALAM MENCEGAH PRAKTIK TIDAK SEHAT PADA SECURITIES CROWDFUNDING Astuti, Nanin Koeswidi; Dewantara, Reka
Honeste Vivere Vol 34 No 1 (2024): January
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

This article examines the role of Business Competition Regulation in curbing unhealthy practices within Securities Crowdfunding (SCF). It seeks to assess the efficacy of current legal regulations regarding business competition in preventing such malpractices in SCF. The regulations set forth by the Indonesia Financial Services Authority (Peraturan Otoritas Jasa Keuangan - POJK), which oversee SCF, necessitate an effective harmonization with Business Competition Law or anti-monopoly legislation to ensure the integrity and efficiency of the financial market. The synergy between SCF regulations and Law No. 5/1999, concerning the Prohibition of Monopoly Practices and Unhealthy Business Competition, is crucial for establishing a fair and transparent capital market. The consistent application and enforcement of this law are anticipated to reinforce Indonesia's economic foundation, facilitate more efficient economic growth, and foster a reliable investment climate for business entities. Therefore, the advancement of SCF in contributing to economic progress hinges on meticulous regulatory harmonization and stringent law enforcement, thus positioning Indonesia as a key player in the dynamic global economy.
URGENSI PENGAWASAN EKSTERNAL HAKIM MAHKAMAH KONSTITUSI DALAM PENGUJIAN UNDANG-UNDANG BERDASARKAN KEKUASAAN KEHAKIMAN MENURUT UUD NRI 1945 Sibarani, Mery R.L; Hutahean, Armunanto
Honeste Vivere Vol 34 No 1 (2024): January
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v34i1.308

Abstract

This research discusses the urgency of external supervision of Constitutional Court judges in reviewing laws from the perspective of judicial power. The research uses normative juridical methods. The aim of the research is to examine the urgency of external supervision of constitutional court judges in reviewing laws and supervision of Constitutional Court Judges according to the judicial powers in the 1945 Constitution of the Republic of Indonesia. The results of this research find that external supervision of Constitutional Court Judges is an important thing to go along with supervision which takes place internally, namely the Ethics Council of the Constitutional Court and the Honorary Council of the Constitutional Court (MKMK). As for external supervision of Constitutional Court Judges, it does not violate the principles of judicial power and the independence of judges and the impartiality of judges because its application is carried out in enforcing the code of ethics of behavior of Constitutional Judges and the aim of judicial power to enforce law and justice. Furthermore, the authorized institution is the Judicial Commission (KY) because it is a constitutional organ and its implementation must amend the 1945 Constitution of the Republic of Indonesia to explicitly explain the supervisory function of the KY in the Supreme Court and Constitutional Court. Apart from that, the absence of external supervision as a check & balance for the Constitutional Court against the Constitutional Court is due to Constitutional Court Decision No. 005/PUU-XII/2006 and PMK No. 1-2/PUU-XII/2014. This is because in this decision the Constitutional Court judges were excluded from the authority of the KY because the decision was different from the interpretation of the Supreme Court judges
PENERAPAN ASPEK KEPASTIAN HUKUM DALAM PERJANJIAN LISENSI DAN WARALABA PADA PUTUSAN NOMOR 394/Pdt.G/2010/PN.Jkt.Sel. Situmeang, Tomson; Jayadi, Hendri; Setiawan, Liana
Honeste Vivere Vol 34 No 1 (2024): January
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v34i1.310

Abstract

In business, agreements are the basis for running a business. However, it is not uncommon for agreements to experience problems, where one of the parties commits a breach of contract or acts against the law. In Indonesia, foreign business actors often have doubts about investing or collaborating with Indonesian companies, because there is no guarantee of legal certainty. Among them, a business agreement dispute between Harvey Nichols and Company Limited and PT Hamparan Nusantara and PT Mitra Adiperkasa, Tbk. The business agreement begins with the signing of an Exclusive License Agreement. This problem is quite interesting and complex, where apart from the International Arbitration decision, there is also the South Jakarta District Court Decision Number 394/Pdt.G/2010/PN.Jkt.Sel. which are contradictory to each other which gives rise to legal uncertainty. This article was written to discuss this matter, namely regarding the Application of Legal Certainty Aspects in License Agreements and Franchise Agreements in Decision Number 394/Pdt.G/2010/PN.Jkt.Sel. In this paper, a normative juridical research method is used with a statutory approach and a case approach. The theory of legal certainty is used to analyze existing problems. The analysis concludes that the Exclusive License Agreement is not the same as a Franchise Agreement or a License Agreement for Intellectual Property Rights. This Exclusive Permit Agreement has its own specifics as an Unnamed Agreement (innominaat). This agreement is a form of innovation and implementation of current developments in economic and business practices in the world. The agreement is subject to the provisions of Article 1338 paragraph (1) of the Civil Code, Article 1319 of the Civil Code, and Article 1320 of the Civil Code which regulate the conditions for the validity of an agreement, namely: the agreement of those who bind themselves, their ability to make an agreement; a certain thing, and a lawful cause.
KERJASAMA INTERNASIONAL DALAM MENGEMBANGKAN KEBIJAKAN YANG EFEKTIF UNTUK MENANGANI MASALAH NARKOTIKA DI INDONESIA Nainggolan, Richard Marolop
Honeste Vivere Vol 34 No 2 (2024): July
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v34i2.319

Abstract

International cooperation is essential in designing effective regulations and policies to deal with the narcotics problem in Indonesia. This article was written to explain how to handle narcotics problems in Indonesia through international cooperation in narcotics law. This article also aims to explore the concept of international cooperation policy in efforts to prevent and eradicate narcotics, both in terms of reducing demand and reducing supply. A nation's position in the international system, typically defined by its material power, determines the scope and goals of its foreign policy. In this article, we discuss the concept of international cooperation in developing effective policies to deal with the narcotics problem in Indonesia. This research uses normative legal research methods and qualitative empirical research in the form of evaluative research to analyze applicable positive law. The conclusion is that Indonesia must participate in open international dialogue to overcome the narcotics problem in Indonesia. Apart from that, Indonesia also needs to strengthen cooperation with other countries and increase collaboration in law enforcement. There is a need for government representatives who are specifically tasked with dealing with narcotics problems to reduce bureaucracy that hampers cooperation between countries and accelerates joint efforts in combating cross-border narcotics trafficking.  
PEMBAHARUAN KETENTUAN PENGAMPUAN DALAM KUHPERDATA DALAM MEWUJUDKAN PELINDUNGAN HUKUM Ritonga, Francois Geny; Sitohang, Mawar
Honeste Vivere Vol 34 No 2 (2024): July
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v34i2.320

Abstract

Civil law regulates the substance of the rights (recht) and obligations (verplicht) of legal subjects. According to Soebekti, civil law is all the basic laws that regulate individual interests. One of these interest arrangements is regulated in the provisions of Article 433 of the Civil Code (Civil Code). If the interests are met by the conditions as regulated in these provisions, the entitled parties can submit a request for a Determination of Custody through the District Court. However, with the times and progressive legal developments, there are individual interests that need to receive legal protection, including people with mental disabilities and/or intellectual disabilities. The Constitutional Court has decided to grant partial material review of Article 433 of the Civil Code against the 1945 Constitution through Decision Number 93/PUU-XX/2022, where this decision can demonstrate the renewal of the guardianship provisions in the Civil Code in realizing legal protection.
TINJAUAN YURIDIS TERHADAP PEMUTUSAN HUBUNGAN KERJA AKIBAT COVID-19 SEBAGAI ALASAN MEMAKSA FORCE MAJEURE (STUDI PUTUSAN NO 134/PDT.SUS-PHI/2021/PN JKT.PST) Anjelina, Paramita; Wijayati, Ani; A.M. Pandiangan, L. Elly
Honeste Vivere Vol 34 No 2 (2024): July
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v34i2.340

Abstract

The global impact of the Covid-19 pandemic has been substantial, particularly affecting the health and economic sectors across all countries. The virus's swift spread has resulted in heightened domestic activities, influencing the economy and disrupting businesses, employment, and overall social life. The Indonesian government has officially acknowledged the pandemic as a national crisis and emergency. In summary, the Covid-19 pandemic has deeply affected various facets, encompassing health, the economy, social interactions, and employment. To address this crisis, the government has implemented measures to mitigate its effects and safeguard the safety and welfare of the workforce. This study uses a method of normative jurisprudence with a legal approach (Statute Approach) and a case approach. (Case Approach). The library materials used in this writing are laws, court rulings, books, journals, websites and so on related to Covid-19, termination of employment, and force majeure. The findings of this research indicate that a company undergoing the challenges of the Covid-19 pandemic doesn't automatically qualify for force majeure; the company is required to demonstrate that the pandemic significantly impacts the viability of its operations, necessitating certain actions. Additionally, the rights of the workers must be upheld in such cases, ensuring their well-being and satisfaction. In legal proceedings, judges are tasked with enforcing the law in accordance with the principles of justice and the rule of law.
PENYELESAIAN SENGKETA BATAS LAUT ANTARA INDONESIA DENGAN NEGARA-NEGARA TETANGGA DITINJAU DARI KONVENSI PBB TAHUN 1982 TENTANG HUKUM LAUT (UNCLOS 1982) simanjuntak, mangisi
Honeste Vivere Vol 34 No 2 (2024): July
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v34i2.341

Abstract

The settlement of disputes both concerning maritime borders and the interpretation and application of the 1982 UN Convention on the law of the sea has also been regulated in articles 279 to 291 of the UN Convention. Article 279 states about the obligation to resolve disputes by peaceful means that:. States Parties shall settle any dispute between them concerning the interpretation or application of this Convention by peaceful means in accordance with article 2, paragraph 3 of the Charter of the United Nations (United Nations), and to this end shall seek settlement in the manner provided for in article 33, paragraph 1 of the Charter. Article 2, paragraph 3 of the Charter of the United Nations states that all Members shall settle international disputes by peaceful means in such a way that international peace and security, and justice, are not threatened. The dispute in question is all disputes of any kind, including maritime border disputes and disputes over the interpretation and application of the United Nations Convention on the Law of the Sea. Article 33 paragraph 1 of the charter states that: Parties involved in a dispute that if it continues to endanger the maintenance of international peace and security must first seek a solution, namely by means of negotiations. investigation, by mediation, conciliation, arbitration. settlement according to law through regional bodies or arrangements. or by any other peaceful means of their own choosing.
PERTANGGUNGJAWABAN PIDANA PELAKU TINDAK PIDANA PENCUCIAN UANG MELALUI TERANSAKSI GAME ONLINE Putong, Diana Darmayanti; Limbat, Marcellino David; Sanger, Nadia Gloria
Honeste Vivere Vol 34 No 2 (2024): July
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v34i2.344

Abstract

  The perpetrators of money laundering in Indonesia have starting taking advantage of current technological developments. One of them being the transactions of online gaming. This is due to the absence of sanctions that can be imposed. This research aims to explore different money laundering crimes that occur within online gaming in Indonesia and the forms of criminal responsibility for the perpetrators of these crimes. The method used in writing this journal was normative legal research where there is obscurity and emptiness of legal norms in Law Number 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes (Hereinafter referred to as the TPPU Act). The results of this research showed that the TPPU Law did not yet regulate if there was a phenomenon of money laundering through online gaming, but the perpetrators of money laundering through transactions online game could be charged with Article 47 of Act No. 11 of 2008 concerning Transactions and Electronic Information (hereinafter referred to as Law ITE). The form of criminal liability for money laundering perpetrators through transactions online games can be seen in Article 47 of the ITE Law which states that perpetrators who fulfill the elements of Article 31 paragraph (1) or paragraph (2) are given criminal sanctions in the form of a maximum of 10 years imprisonment and/or fines up to Rp. 800,000,000.00.

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