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articles must be original with sources used properly cited, may be written either in Bahasa Indonesia or English, unpublished elsewhere, and not under consideration for any other publication.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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429 Documents
<![CDATA[PEROLEHAN TANAH OBYEK REFORMA AGRARIA (TORA) YANG BERASAL DARI KAWASAN HUTAN: PERMASALAHAN DAN PENGATURANNYA ]]>
<![CDATA[Nurlinda, Ida]]>
<![CDATA[ Veritas et Justitia Vol. 4 No. 2 (2018): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v4i2.2919
<![CDATA[Agrarian reform is in essence a government policy attempting to restructure land ownership and control. President Jokowi’s government set the target of 9 million hectares of which 4.1 million hectares is classified formerly as forest land. It was and still is no easy task. But this agrarian reform, involving mostly change of ownership of forest land and redistribution, is considered necessary as part of effort to guarantee society’s welfare. This article purports to analyse the legal framework of forest land release and related problems. To do that a juridical dogmatic approach will be used and with secondary data as primary source of information. The main finding of this research is that real problems arises in the context of implementing the Environmental and Forest Ministerial Decree Number180/Menlhk/Setjen/kum.1/4/2017 which provides guidance in regard the procedure and requirements to be met for forest land release. In the case that in the process, land ownership dispute arose, stakeholders should seek guidance from Presidential RegulationNumber 88/2017 regarding Settlement of Land Management/Ownership in Forest Land.]]>
<![CDATA[IMPLIKASI PERLINDUNGAN INDIKASI GEOGRAFIS BERDASARKAN UNDANG-UNDANG NOMOR 20 TAHUN 2016 TERHADAP PENGEMBANGAN EKONOMI LOKAL ]]>
<![CDATA[Sudjana, Sudjana]]>
<![CDATA[ Veritas et Justitia Vol. 4 No. 1 (2018): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v4i1.2915
<![CDATA[This study discusses, on the basis of analysis of Law No. 20 of 2016, the potential impact of Geographical Indication protection to local economy. By tracing other relevant laws and regulations, using in depth analysis of existing literature and other relevant qualitative data on the subject matter, the author argues that: (1) Law No. 20 of 2016 compared to the Law it replaces it more sufficient to provide protection and legal certainty to Geographical Indication beneficiaries; (2) Quite a number of potential Geographical Indications exist in Indonesia which deserve protection, especially in relation to its potential to support local economic development.]]>
<![CDATA[Revenge porn sebagai Kejahatan Kesusilaan Khusus: perspektif Sobural ]]>
<![CDATA[Christianto, Hwian]]>
<![CDATA[ Veritas et Justitia Vol. 3 No. 2 (2017): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v3i2.2682
<![CDATA[Revenge porn is a new growing modus operandi of crime in society. Law enforcement still considers porn revenge as a pornographic crime in general as it is an activity of disseminating information that violates decency. Approach used by law enforcement in assessing revenge porn is still limited to formal juridical approach without considering the characteristics of porn revenge that substantive justice is not fulfilled. As part of a full understanding of porn revenge, a Criminological understanding of the Sobural approach is made. Two issues to be studied are (1) what is the significance of using the Sobural approach? And (2) Is revenge porn a decency crime based on the Sobural approach? Empirical juridical research method is used in this study by basing on a primer in the form of legislation supported by criminal law theory related to revenge porn. Exposure from primary data is associated with secondary data in the form of Judge Judgment to see understanding of defeating of revenge porn by a judge. The results of the study show that criminological understanding of porn revenge provides a very significant different approach in criminal law. Revenge porn is judged by the context of the community in which the perpetrators and acts of revenge porn are performed. Sobural (Social, Cultural and Structural) approach affirms contextual assessment of porn revenge based on social values, cultural values and structural factors of society. The approach of these three elements has a close correlation with the moral norms as the measure of defamation of crime of pornography as a decency crime. The integration of the Sobural approach to the understanding of moral norms in assessing porn revenge will provide an opportunity for the enforcement of living laws in society.]]>
<![CDATA[PENGANIAYAAN TERHADAP NARAPIDANA PELAKU PERKOSAAN YANG MENGALAMI LABEL NEGATIF DI LEMBAGA PEMASYARAKATAN (STUDI DI LEMBAGA PEMASYARAKATAN WIROGUNAN YOGYAKARTA) ]]>
<![CDATA[Martha, Aroma Elmina]]>;
<![CDATA[Khoirunnas, Chandra]]>
<![CDATA[ Veritas et Justitia Vol. 4 No. 2 (2018): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v4i2.3064
<![CDATA[This article is a case study on the legal issues surrounding beatings and torture suffered by rape offenders incarcerated in the Wirogunan Prison, Yogyyakarta. Purpose of this research is to identify profile of perpetrator and determinate what factors are behind this deviant behaviour. This research uses a criminological method or approach. Data has been obtained from direct observation, expert interviews and literature review. One of the important findings is that beatings and torture of rape offenders are justified by the general inmates on the basis of negative labelling given toward the offender and his crime.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP KELOMPOK AGAMA MINORITAS DALAM HUKUM PIDANA INDONESIA ]]>
<![CDATA[Sumika Putri, Nella]]>
<![CDATA[ Veritas et Justitia Vol. 4 No. 1 (2018): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v4i1.2912
<![CDATA[Criminal law should provide protection to all citizens (individually or communities) without regard to their ethnicity, race or religion. In addition, it is also important that its implementation should be done non-discriminatively. This research is done using a normative juridical approach. The most important finding is that a number of penal regulations (inter alia, prohibiting blasphemy, genocide or in the criminal code draft relating to extra-marital sex) in its implementation and enforcement results in discrimination or even worse persecution of minority groups. The author here argues that, in order to guarantee the principle of equal treatment before the law and protection of (religious) minority groups, those penal regulations should be harmonized and read within the context of other existing penal rules.]]>
<![CDATA[FAKTOR PENYEBAB PENYIMPANGAN TATA RUANG (STUDI PEMBANGUNAN CONDOMINIUM) DI KOTA BANDUNG ]]>
<![CDATA[Isradjuningtias, Agri Chairunisa]]>
<![CDATA[ Veritas et Justitia Vol. 3 No. 2 (2017): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v3i2.2687
<![CDATA[Condominium development is the answer for those who need a place to live, but not a few whose development was violate the laws and regulations related to spatial planning, then this research is on behalf to anticipate the causes of spatial deviation by using socio legal research method. Based on the research that has been carried out found the factors that cause spatial deviation (Study of Condominium Development) in Bandung are Citizen Factors, Government Factors and Market Strength Factors in which these three factors are not stand-alone but become a linkage that can not be separated from one another.]]>
<![CDATA[KONTROVERSI STRICT LIABILITY DALAM HUKUM PERLINDUNGAN KONSUMEN ]]>
<![CDATA[Gunawan, Johannes]]>
<![CDATA[ Veritas et Justitia Vol. 4 No. 2 (2018): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v4i2.3082
<![CDATA[This paper, using a comparative law method, discusses the controversy concerning the meaning and interpretation of strict liability as found in the Indonesian Consumer Protection Law. How in Indonesia this concept is understood will be compared to how the same concept (strict liability) is developed within the Dutch civil law system and the common law system (especially in the United Kingdom(UK)and United State of America (USA)). A brief description of the meaning and development of the concept in Indonesia will be given, including the historical trajectory of the concept within those different systems and the important case laws in the Netherlands, UK and USA. All this will provide a background for the author to discuss and criticize the strict liability concept as found regulated in Law No. 8 of 199 on Consumer Protection.]]>
<![CDATA[MASALAH METODOLOGIS ILMU HUKUM INDONESIA ]]>
<![CDATA[Sebastian, Tanius]]>
<![CDATA[ Veritas et Justitia Vol. 4 No. 1 (2018): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v4i1.2913
<![CDATA[This article is the result of an explorative study on methodological issues in Indonesian legal science. It uses a literature review to trace current debate on three interrelated issues concerning legal scholarship, legal development and legal pluralism. Each of these issues will be juxtaposes to contemporary legal discourse. Separately the issue of legal scholarship will be just apose to the praxis of legal research methodology and legal education; legal development to “law and development” paradigm; legal pluralism to rule of law. The author follows the legal thinking tradition employed by influential legal scholars: Paul Scholten, Soediman Kartohadiprodjo and B. Arief Sidharta. The standing of other prominent legal authors such as Mochtar Kusuma-Atmadja and Soetandyo Wignyosoebroto, to the extent that their ideas are relevant to this article, will be briefly discussed.]]>
<![CDATA[THE LEGALITY OF STATE’S PEACETIME MILITARY ACTIVITIES ]]>
<![CDATA[Ramon, Adrianus Adityo Vito]]>
<![CDATA[ Veritas et Justitia Vol. 3 No. 2 (2017): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v3i2.2712
<![CDATA[AbstractThe research argue that in the absence of an internationally negotiated provisions that explicitly regulate foreign peacetime military activities in the Exclusive Economic Zone (EEZ) of another States, States should consider the incident case per case as well as may employed the guideline prepared by highly reputed international legal scholars. This is essential to avoid unnecessary conflict between the Coastal State and the State conducting military activities in the EEZ. The aforementioned conclusion is reached by first analysing the definition of the peacetime military activities of the State. The research would also examine the negotiation process and its negotiated provisions of the United Nations Convention on the Law of the Sea (UNCLOS) 1982 resulted from the negotiation, regulating EEZ. Subsequently, the research would examining of the practice of the States interpreting the UNCLOS 1982’s EEZ provisions, including providing the options as an interim solutions for the void in the legal instruments in the matter. ]]>
<![CDATA[INKONSISTENSI PENERAPAN PRINSIP INDEPENDENSI KEKUASAAN KEHAKIMAN DALAM PELAKSANAAN SELEKSI CALON HAKIM ]]>
<![CDATA[Azhar, Ikhsan]]>
<![CDATA[ Veritas et Justitia Vol. 4 No. 2 (2018): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v4i2.3070
<![CDATA[The general public in 2017 hotly debated the implemented selection process of Judges. The focus is on the issue of government involvement in the selection process which potentially jeopardize the judiciary’s independence. In discussing this particular issue, the author uses a juridical normative or dogmatic approach and other data is collected by the use of library research . In addition, the author also compares the existing policy and rules/regulation concerning judge selection from different government’ era (the Old & New Order). A number of conclusions can be drawn from this comparison, i.e. that during the Old dan New Order Government, the judiciary was never considered independent. The government on a regular basis intervene in the selection process, appointment and placement of judges and have a strong say in their professional carrer path. In contrast, only after the fall of the New Order Government, did the Judiciary enjoy independence which is guaranteed by virtue of Law 35/1999 and the 1945 Constitution (amended version). Unfortunately though the Supreme Court decide to bring back in the government in the selection process and in doing that jeopardize the judicary’s independence.]]>
