Veritas et Justitia
Veritas et Justitia is a law journal, managed and published under the auspices of the Faculty of Law, Universitas Katolik Parahyangan/Parahyangan Catholic University (UNPAR). The first edition was published in June 2015 and was meant to replace “Pro Justitia”, a law journal which ended its publication four years earlier. Veritas et Justitia is a media outlet that publishes articles on current national and international legal issues, as well as legal research, written by legal scholars and practitioners. Veritas et Justitia is a member of Asosiasi Pengelola Jurnal Hukum Indonesia/Indonesian Law Journal Association (APJHI). Veritas et Justitia is periodically published twice a year, every June and December. Articles accepted and compiled within each issue will be published online and can be accessed in full for free on the Journal’s website. Authors and readers may request a hard copy of the journal by covering the printing cost. Articles published reflect solely the opinions and arguments of their respective authors and are not representative of the views or beliefs of the Editorial Board or the Faculty of Law, UNPAR. Manuscripts submitted and to be published covers the broad spectrum of law, i.e. Civil Law, Administrative Law, Indonesian Law, Business Law, Constitutional Law, Criminal Law, International Law, Islamic Law, Legal Philosophy, Customary Law, Economic Law, and Human Rights and Law. All submitted articles must be original with sources used properly cited, may be written either in Bahasa Indonesia or English, unpublished elsewhere, and not under consideration for any other publication. Veritas et Justitia screens for plagiarism using Turnitin, and the similarity index must be below 30%. Authors submit their draft articles to the editorial board at no cost. No fees are required for the review process or for publication, unless authors fail to submit their revisions after the review. Since December 2017, articles submitted shall be reviewed by two reviewers. Editor also added information about author’s affiliation. All process regarding online journal system shall be reviewed and improved from time to time. Since June 2016, Veritas et Justitia is a proud member of CROSSREF. Veritas et Justitia DOI prefix is 10.25123. Therefore, all articles published by Veritas et Justitia will have unique DOI number. Veritas et Justitia has been accredited SINTA 2 by DIKTI under the Decree Number 177/E/KPT/2024, effective until 2027.
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<![CDATA[PEER TO PEER LENDING DI INDONESIA DAN BEBERAPA PERMASALAHANNYA ]]>
<![CDATA[Setiadi Saputra, Adi]]>
<![CDATA[ Veritas et Justitia Vol. 5 No. 1 (2019): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v5i1.3057
<![CDATA[Peer to peer lending has developed into a new investment measure providing solution for middle and small business enterprises in Indonesia, i.e., to obtain loan without collateral. However, the business enterprise providing the platform for peer to peer lending (websites or other apps), connecting would be lenders and borrowers, almost always puts into the service agreement a disclaimer stating that it would not be held liable in case of default. Using a juridical dogmatic approach, the author discusses the existence of such disclaimers from the viewpoint of consumer protection. The main argument put forward here is that the business enterprise providing this service cannot and should not shy away from bearing responsibility in protecting the consumer, i.e. those that provide loans.]]>
<![CDATA[HUKUM PROGRESIF DAN PERKEMBANGAN TEKNOLOGI KECERDASAN BUATAN ]]>
<![CDATA[Kusumawardani, Qur'ani Dewi]]>
<![CDATA[ Veritas et Justitia Vol. 5 No. 1 (2019): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v5i1.3270
<![CDATA[Information technology in the era of Industrial Revolution 4.0 will become more sophisticated and increasingly influence the relationship between law and society. Law, in interaction with artificial intelligence and algorithms, will be expected in the future to provide quick and just answers to human problems. It is also predicted that in settling disputes, artificial intelligence and algorithm will replace the role and function of lawyers and judges. This prediction of how artificial intelligence and algorithm will replace law’s societal function will be analyzed using the progressive law theory which perceived law to be subordinate to human interest.]]>
<![CDATA[INTRODUCTION TO A SOCIAL-FUNCTIONAL APPROACH IN THE INDONESIAN CONSUMER PROTECTION LAW ]]>
<![CDATA[Shidarta, Shidarta]]>;
<![CDATA[Koos, Stefan]]>
<![CDATA[ Veritas et Justitia Vol. 5 No. 1 (2019): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v5i1.3292
<![CDATA[This legal study, using a social-functional approach, underscores the importance of developing a viable social consumer protection system. Through it the government should promote a more effective consumer protection system in which any obstacle hampering consumer’s ability to obtain information necessary to make rational choices can be prevented. In short, a system protecting consumer’s right to obtain information. In this context, business enterprises are still expected to participate and support consumer protection movements at the national as well as regional level in which the end goal is to develop a fair business competition climate.]]>
<![CDATA[DISIPLIN SUBSIDI PERIKANAN DALAM SISTEM PERDAGANGAN GLOBAL DAN IMPLIKASINYA BAGI PERIKANAN INDONESIA ]]>
<![CDATA[Sitanggang, Dyan F. D.]]>
<![CDATA[ Veritas et Justitia Vol. 5 No. 1 (2019): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v5i1.3146
<![CDATA[Government policies providing financial aid to small and medium scale business enterprises are found everywhere around the globe, including those that is managed by Indonesia, and is allowed under the world trade arrangement managed by the WTO. An important part of this policy is subsidies made available to fishing businesses. Be that as it may, overfishing and the resulting fish stock crisis globally has made the practice of subsidizing marine fishing enterprises suspect in light of marine environment protection. This article discusses the issues of fishing subsidies as practiced in Indonesia in view of the current regime of economic law and the need to develop a sustainable fishing practices.]]>
<![CDATA[KEABSAHAN ALASAN PENOLAKAN REPUBLIK RAKYAT TIONGKOK TERHADAP PUTUSAN PERMANENT COURT ARBITRATION ATAS SENGKETA KLAIM WILAYAH LAUT CINA SELATAN ANTARA PHILIPINA DAN REPUBLIK RAKYAT TIONGKOK BERDASARKAN HUKUM INTERNASIONAL ]]>
<![CDATA[Fatmawati, Ana]]>;
<![CDATA[Aprina, Elsa]]>
<![CDATA[ Veritas et Justitia Vol. 5 No. 1 (2019): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v5i1.3289
<![CDATA[This articles shall discuss the arguments made by the People’s Republic of China in rejecting the Permanent Court of Arbitration’s decision made under the UNCLOS 1982 and which should be regarded as final and binding. The main question is whether the arguments put forward are valid according to international public law, especially in light of the UNCLOS and the general principles of international law regulating dispute settlements and territorial claims. A legal audit, a juridical dogmatic approach, shall be utilized here. The author concludes that not one rule or principles of international law seems to support the arguments made by the PRC in rejecting the validity of the Arbitration’s decision.]]>
<![CDATA[MPR DAN URGENSI GARIS BESAR HALUAN NEGARA DALAM SISTEM KETATANEGARAAN INDONESIA ]]>
<![CDATA[Setya Nugraha, Harry]]>
<![CDATA[ Veritas et Justitia Vol. 5 No. 1 (2019): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v5i1.3293
<![CDATA[This article, using a normative-juridical approach, discusses the issue whether Indonesia should re-introduce and re-instate the Guidelines of State Policy which was abolished in 1998, into the existing constitutional system. The author discusses a number of reasons of why re-instatement should be considered necessary. One important finding is that a new model of the Guidelines of State Policy should be made and utilised as a binding directive for state and government institutions at the central as well as regional and local level of governance.]]>
<![CDATA[VERPLICHTE PROCUREURSTELLING UNTUK PERADILAN YANG SEDERHANA, CEPAT, DAN BIAYA RINGAN ]]>
<![CDATA[Suparman, Eman]]>
<![CDATA[ Veritas et Justitia Vol. 5 No. 1 (2019): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v5i1.3288
<![CDATA[Civil law suits according to law should be performed in a simple, quick, cost efficient manner. Notwithstanding that, it is generally known that the procedure of filing and completing a civil law suit is not as easy as it seems. Understandably even the Civil Procedural Law made specifically for the Indonesian population (Het Herziene Indonesich Reglement) made available the ruling that parties may appoint legal counsel to represent them before court. The author addresses this practice before Indonesian civil court. Data was collected through observation and interviews. One finding is that almost 90% of all civil court cases registered involves the use of legal counsels.]]>
<![CDATA[PANCASILA DI ERA PASKA IDEOLOGI ]]>
<![CDATA[Dwi Putro, Widodo]]>
<![CDATA[ Veritas et Justitia Vol. 5 No. 1 (2019): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v5i1.3233
<![CDATA[It is considered axiomatic that Pancasila has been accepted as State ideology (formally and final) and in addition been perceived as the ultimate source of all legal sources. But this acceptance as axiom leads to the fact that Pancasila has almost never been reflected upon. This said in consideration that the basis for this ideology, the contemporary society tends to be suspicious of ideology or grand narratives. This article, as a reflective-critical analysis, shall discuss how Pancasila is understood by the Indonesian post ideological society. The critiques put forward is meant to offer an alternative value transformation for a society disillusioned by grand narratives.]]>
<![CDATA[INDONESIAN REGULATORY SYSTEM TOWARDS OWNERSHIP OF EXPLOSIVE DEVICES BY CIVILIANS ]]>
<![CDATA[Dewantary, Zenny Rezania]]>;
<![CDATA[Prisandani, Ulya Yasmine]]>;
<![CDATA[Lardo, Mohammad Afdha]]>
<![CDATA[ Veritas et Justitia Vol. 5 No. 1 (2019): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v5i1.3167
<![CDATA[Indonesia possessed laws and regulation concerning the acquisition, distribution and use of armed weapons and explosive devices. A number of incidents, however, show a faulty monitoring system. Terrorist groups involved in the Surabaya bombing this year has been known to use triaseton triperoxide also known as the mother of Satan (mos), commonly used by ISIS. This fact shows a weakness in the monitoring or supervisory system put in place to control the use of armed weapons and explosive devices. In this article, the author shall discuss, using a normative-empirical juridical approach, to what extent the prevailing national law has been synchronized with the existing international convention regulating the acquisition and use of armed weapons and explosive materials or devices.]]>
<![CDATA[PROBLEMATIK PENATAAN JENIS DAN HIERARKI PERATURAN PERUNDANG-UNDANGAN ]]>
<![CDATA[Efendi, A'an]]>
<![CDATA[ Veritas et Justitia Vol. 5 No. 1 (2019): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v5i1.3172
<![CDATA[Indonesia over a period of numerous years has had four different regulations with the same intent, i.e. to reorder the hierarchy of the various forms and types of legislative products. This effort apparently has not yet been a success. In this article, the author shall attempt to identify the core problem hindering the effort at re-ordering and discuss how other countries, notably, Germany, France, and the Netherland tackle the same comparable problem. The approach used here is doctrinal or dogmatic, and in addition a comparative law method. One important recommendation resulting from this study is that it would be better if the Indonesian legislator re-order the hierarchy of the various forms and types of legislation on the basis of the hierarchal order of the organ issues the legislative product.]]>
