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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 64 Documents
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PROBLEMATIKA EKSEKUSI PUTUSAN PENGADILAN TERHADAP PERUSAHAAN PERKEBUNAN YANG TERKENA DENDA GANTI KERUGIAN GUGATAN LINGKUNGAN HIDUP Wibawa Sitanggang, Riko
Honeste Vivere Vol 35 No 1 (2025): January
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v35i1.422

Abstract

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.
PENEGAKAN KODE ETIK DAN KODE PERILAKU KPK OLEH DEWAN PENGAWAS KPK Bello, Petrus
Honeste Vivere Vol 35 No 1 (2025): January
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v35i1.424

Abstract

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.
KEWENANGAN PENGADILAN TATA USAHA NEGARA (PTUN) DALAM MEMERIKSA DAN MENGADILI SUATU KEPUTUSAN KOMISI PEMILIHAN UMUM (KPU) Ritonga, Francois Geny; Marbun, Caroline Zilena
Honeste Vivere Vol 35 No 1 (2025): January
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v35i1.426

Abstract

Disputes can occur in social life and allow for this preservation to occur between the community and State Administrative bodies and/or officials. In particular, this writing allows for the creation of state administration between the community, in this case the members of the district/city level general election commission and State Administration bodies and/or officials, in this case the General Election Commission. The existence of the State Administrative Court has the authority to examine, decide and finalize settlements within the scope of state administration. The authority of the State Administrative Court has been mandated by the provisions of Article 47 of Law Number 5 of 1986 of the State Administrative Court to complete the settlement of state administration as intended in the provisions of Article 1 number 10 of Law Number 51 of 2009 concerning the Second Amendment to Law Number 5 of 1986 concerning Administrative Justice
TINJAUAN YURIDIS PENEGAKAN HUKUM DI LAUT TERHADAP PENGUNGSI ROHINGYA DI INDONESIA panjaitan, edward; Waruwu, Rebecca C; Sofiano, Ramazan B; Zila, Catherine Irene; Sitorus, Matthew N
Honeste Vivere Vol 35 No 1 (2025): January
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v35i1.427

Abstract

The Rohingya refugee crisis in the Asia Pacific has posed challenges for Indonesia, particularly in managing maritime refugees arriving in its territorial waters. The surge in the number of Rohingya refugees fleeing from the refugee camps in Cox's Bazar, Bangladesh, has triggered an influx into Indonesia, driven by the unsafe and deteriorating humanitarian conditions in Myanmar. Rohingya refugees embark on perilous sea voyages using small boats, often with the assistance of smugglers. These journeys involve security, safety, and exploitation risks. This situation has triggered a surge in refugee arrivals in Indonesia's territorial waters, challenging the capacity of maritime authorities to handle this complex and risk-laden situation. Indonesia's maritime security agencies, such as the Maritime Security Agency (Bakamla) and the Indonesian Navy (TNI AL), play crucial roles in maintaining maritime security and safety. Bakamla is responsible for maintaining maritime stability, security, and law enforcement, while the TNI AL has the primary task of safeguarding the sovereignty and territorial integrity of Indonesia. These two agencies synergize in addressing the Rohingya refugee crisis. Indonesia, guided by humanitarian principles and adherence to international law, has accepted Rohingya refugees. The management of this crisis is conducted in compliance with applicable legal provisions and upholding humanitarian values. However, several challenges arise regarding the legal framework in Indonesia's maritime domain in handling Rohingya refugees, particularly in the context of the authority and roles of relevant agencies and efforts to prevent human trafficking (TPPO). Additionally, it is crucial to avoid violations of the non-refoulement principle in managing Rohingya refugees arriving in Indonesia's territorial waters, considering Indonesia's obligations to uphold international law and humanitarian norms.
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

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