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articles must be original with sources used properly cited, may be written either in Bahasa Indonesia or English, unpublished elsewhere, and not under consideration for any other publication.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[LEGAL STATUS OF DOWRIES PROVISION BY THIRD PARTIES ]]>
<![CDATA[Kusmayanti, Hazar]]>;
<![CDATA[Djanuardi, Djanuardi]]>;
<![CDATA[Hadiyanti, Nurmeida]]>;
<![CDATA[Yuanitasari, Deviana]]>
<![CDATA[ Veritas et Justitia Vol. 5 No. 2 (2019): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v5i2.3343
<![CDATA[This article discusses the issue of the legal validity of marriage contract in the case dowry is paid by a third party. Legal analysis will be performed on the legal principles and regulations found in The Law Number 1 Year 1974 on Marriage, The Compilation of Islamic Law and sources in Islamic Law . One important finding is does not forbid the payment of dowry by a third party and that this practice does not affect the validity of the marriage contract.]]>
<![CDATA[PENGALIHAN HAK MEREK MELALUI WAKAF BERDASARKAN HUKUM POSITIF INDONESIA DAN PRINSIP SYARIAH ]]>
<![CDATA[Yustisia, Fasya]]>;
<![CDATA[Budiningsih, Catharina Ria]]>
<![CDATA[ Veritas et Justitia Vol. 5 No. 2 (2019): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v5i2.3616
<![CDATA[This article discusses the utilization of the Islamic institution of wakaf (an Islamic institution) to transfer ownership or right to use of trademark. The issue at hand is that method of trademark transfer is found regulated by Law No. 20 of 2016 re. Trademark and Geographical Indication whilst procedure and conditions of wakaf is regulated by Islamic/Syariah Law (Law No. 41 of 2004). The author notes that wakaf, understood as transfer of (ownership or proprietorship) of Trademarks, is or should be motivated by religious considerations or made in the public interest. Therefore, transfer done through wakaf will always be made in perpetuity. Nonetheless, the Law no. 41 of 2004 re. wakaf make possible temporary transfer of ownership which may be performed by a license agreement, transferring only right to use the trademark but not the ownership (title) thereof. Another important note to be highlighted is that Islamic law prohibits or considers not appropriate (not halal) trademark of living being or non-kosher products (goods or services).]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP KREDITOR DAN UPAYA NOTARIS MEMBUAT PERJANJIAN PERKAWINAN SETELAH PERKAWINAN ]]>
<![CDATA[Nadia Putri, Respati]]>;
<![CDATA[Dewi Judiasih, Sonny]]>;
<![CDATA[Anisa Lubis, Nanda]]>
<![CDATA[ Veritas et Justitia Vol. 5 No. 2 (2019): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v5i2.3353
<![CDATA[One of the legal consequence of a marriage is a consolidation of husband and wife assets with the understanding that both parties before signing the marriage contract can decide otherwise, through the pre-nuptial contract. The Constitutional Court Decision No. 69/PUU-XII/2015, made possible the making of a similar arrangement after the marriage contract has been signed. The focus of this article is to explore, using a juridical normative approach, what legal protection exist for third parties. The main finding is that legal protection is provided by requiring the contract be made by and before a notary public, registered at the Civil Registrar Office and all that is performed only after the Notary Public made an inventory of both spouse’s assets.]]>
<![CDATA[CONCRETISATION OF THE PRINCIPLE OF SUSTAINABLE FINANCE IN THE BANKING SECTOR LEGISLATION IN INDONESIA: LON FULLER EIGHT DESIDERATA APPROACH ]]>
<![CDATA[Dewantara, Reka]]>;
<![CDATA[Agatha, Bimarceline]]>
<![CDATA[ Veritas et Justitia Vol. 5 No. 2 (2019): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v5i2.3626
<![CDATA[This article aims is to explores an issue where Sustainable finance itself is a form of embodiment in Article 33 paragraph (4) of the 1945 Constitution of the Republic of Indonesia that the national economy is organized based on several principles, one of which is sustainable principles by maintaining a balance and unity of the national economy. Thus Article 33 paragraph (4) of the 1945 Constitution of the Republic of Indonesia is a juridical basis of sustainable finance that promotes a sustainable financial system. The research methodology was an integration of empirical juridical research methods and interpretation of the normative method results. The results indicated that with the involvement of banks in implementing sustainable finance, banks must be selective in granting credit to debtors by setting conditions that are following bank policies. Because basically, sustainable finance activities do not harm the community, it creates justice for the community based on the constitutional rights of citizens to get a decent life. In the concept of sustainable finance, economic sustainability includes several criteria in carrying out credit risk analysis, including sustainability of resources, the sustainability of results and sustainability of the business.]]>
<![CDATA[PERKEMBANGAN DELIK ZINA DALAM YURISPRUDENSI HUKUM PIDANA ]]>
<![CDATA[Putra Rozi, Zulfiqar Bhisma]]>
<![CDATA[ Veritas et Justitia Vol. 5 No. 2 (2019): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v5i2.3612
<![CDATA[This article examines the concept of adultery as regulated in Article 284 of the Criminal Code. Behind this penal ruling is the intention to protect the sanctity of marriage contracts. Outside the purview of this article is extra marital sex. The author main argument is that Judges using their authority to extract and formula existing unwritten society’s appraisal and judgment on extra-marital sex. The purpose of which is to make possible penalization of couples considering guilty of committing extra marital sex. A study of existing laws and regulations, plus relevant court judgments will be undertaken, to explore the possibility of changing and extending the concept of zina (adultery) to encompass also extra-marital sex.]]>
<![CDATA[FUNGSIONALISASI PASAL 44 KUHP DALAM PENYIDIKAN TINDAK PIDANA PEMBUNUHAN (SUATU RE-ORIENTASI & RE-EVALUASI MENUJU REFORMULASI) ]]>
<![CDATA[Ohoiwutun, Y A Triana]]>;
<![CDATA[Nugroho, Fiska Maulidian]]>;
<![CDATA[Martua Samosir, Samuel Saut]]>;
<![CDATA[Setiyoargo, Arief]]>
<![CDATA[ Veritas et Justitia Vol. 5 No. 2 (2019): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v5i2.3613
<![CDATA[Uncertainty with regard to the proper implementation of Article 44 of the Criminal Code is to be discussed. In legal practice, the existence of mental disorder in those who are accused of murder or homicide will be made dependent on the decision of psychiatrist (authorized to conduct forensic psychology or psychiatry). In the case that such mental disorder is determined to be existing during a pre-trial hearing, the court is under no obligation to order cessation of the criminal proceeding. It is noted that in a number of cases the decision to terminate investigation or cease court proceeding falls completely under the Judge discretionary power. The author’s recommendation is that a reformulation of Art. 44 of the Criminal Code is in order.]]>
<![CDATA[AKIBAT HUKUM WANPRESTASI DAN TANGGUNG JAWAB PARA PIHAK DALAM TRANSAKSI ANJAK PIUTANG ]]>
<![CDATA[Sudjana, Sudjana]]>
<![CDATA[ Veritas et Justitia Vol. 5 No. 2 (2019): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v5i2.3173
<![CDATA[In this article, using a juridical-normative approach, the author discusses legal issues stemming from the breach of two interlocking contracts: supplier agreement and factoring agreement. To be analysed is the legal relationship of all parties in the case of breach of contract or worse bankruptcy of the supplier. Issues to be raised in particular concerns who in the case of breach of contract will in the end possess the right to demand payment of outstanding debts and who bear the (legal and financial) risk in the worst case scenario: bankruptcy of buyer.]]>
<![CDATA[PENAFSIRAN TELEOLOGIS/SOSIOLOGIS, PENAFSIRAN PURPOSIVE DAN AHARON BARAK: SUATU REFLEKSI KRITIS ]]>
<![CDATA[M. Manullang, E. Fernando]]>
<![CDATA[ Veritas et Justitia Vol. 5 No. 2 (2019): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v5i2.3495
<![CDATA[Teleological interpretation is construed the same as sociological interpretatio, because it cores on the intention and purpose in making a rule. Such interpretation is also known as purposive interpretation. However, unlike the teleological and purposive interpretations known in the continental and common law legal traditions, Aharon Barak proposed his version of purposive interpretation. This article seeks to explain as simple as possible what teleological interpretation, sociological interpretation, purposive interpretation within the common law tradition and purposive interpretation according to Aharon Barak.]]>
<![CDATA[LESSON FROM SOMALIA: A SPECIAL MODEL OF HANDLING PIRACY JURE GENTIUM AND ARMED ROBBERY AT SEA ]]>
<![CDATA[Bunga, Gerald Aldytia]]>
<![CDATA[ Veritas et Justitia Vol. 5 No. 2 (2019): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v5i2.3231
<![CDATA[In this article, the author discusses the issues pertaining to piracy jure gentium and armed robbery at sea. Focus shall be given on the incidence of both crimes occurring offshore Somalia during a certain time period. It is noted that Somalia is unable or unwilling to enforce its law to protect international (commercial) shipping passing through its waters. This inability to enforce the law has been the primary reason, Somalia was forced to seek legal assistance from the international community. By taking lessons from Somalia and comparing these two crimes, the author seeks to propose a model of how to tackle the problem at hand. To be discussed and analysed is a number of United Nations Security Council Resolutions which provide the international community with a guideline how to handle both crimes.]]>
<![CDATA[PELAYANAN PUBLIK BERBASIS ELEKTRONIK DAN PERILAKU ANTI KORUPSI ]]>
<![CDATA[Manurung, Elsa Debora]]>;
<![CDATA[Rahmayani Sembiring, Shafira Nadya]]>;
<![CDATA[Sulistyani, Wanodyo]]>
<![CDATA[ Veritas et Justitia Vol. 5 No. 2 (2019): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v5i2.3614
<![CDATA[Advancement in the information and communication technology make possible the development of e-government. The Indonesian government already grasped the opportunity to develop its own e-government system in providing public services. The obvious intent is to increase the quality of public service provision by the bureaucracy. This is hoped to be achieved by securing transparency and accountability of public officials. It is also to be expected that e-governance will be able to eradicate or at least decrease the possibility of corruptive behaviour. Unfortunately, fact speaks differently. Cases to be analysed here are: corruption committed by public officials working at the Investment and One Stop Service Office of the Bandung Municipality and those performed by public officials managing e-procurement services. In particular, this article shall discuss the issue how to develop e-government as to better at eradicating and preventing corruption by public officials.]]>
