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Veritas et Justitia
Published by Universitas Katolik Parahyangan
ISSN : 24600555     EISSN : 24604488     DOI : https://doi.org/10.25123/zxw7n840
Core Subject : Education, Social,
Education Law, Crime, Criminology & Criminal Justice
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articles must be original with sources used properly cited, may be written either in Bahasa Indonesia or English, unpublished elsewhere, and not under consideration for any other publication.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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 429 Documents
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Liberalisasi Fee Advokat: Antara Perlindungan Dan Kompetisi Terhadap Advokat Indonesia Delarosa, Stella
Veritas et Justitia Vol. 2 No. 2 (2016): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v2i2.2271

Abstract

Abstract  This article analyses issues related to the implementation of fee liberalization by the ASEAN Economic Community (AEC) and its effect to the legal service business sector. Indonesian lawyers, as a consequence, will then have to compete with foreign legal service providers. It is assumed that through fair and transparent competition a more accountable business atmosphere can be created. However, a number of legal regulations at the national level establishes non-trade barriers, effectively obstructing the AEC’ market liberalization project. The authors standing here is that the policy of protecting domestic lawyers or advocates should be rescinded and to that purpose Indonesia should amend the prevailing Law on Advocate.
AKIBAT HUKUM PERATIFIKASIAN PERJANJIAN INTERNASIONAL DI INDONESIA: STUDI KASUS KONVENSI PALERMO 2000 Dewanto, Wisnu Aryo
Veritas et Justitia Vol. 1 No. 1 (2015): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v1i1.1416

Abstract

AbstractRatification in Indonesia does not have any legal consequences for the application of the treaties at national level.  The reason is that ratification only binds Indonesia as a subject of international law. In comparison, parliamentary approval in the Indonesian context is not the same as the United States Senate’s approval. The Indonesian Government signed the Palermo Convention on December 12, 2000 and ratified it on April 20, 2009. The issue discussed here regards the legal status of this Convention.  In the 80’s it was assumed that any treaties ratified or acceded, would ipso facto be enforceable in Indonesia. I argued that Indonesia should be regarded as a state applying the monist approach, which legal practice seems to reject.  I stand for the monist approach especially with regard to the legal status of the 2000 Palermo Convention. In addition I also argue about the importance of differentiating between Indonesia’s international obligations and the issue of direct applicaton of the Convention by national couts. Keywords: Ratification, Integration, Implementation, Treaty, Indonesia’s legal system
HAK CIPTA SEBAGAI OBYEK JAMINAN FIDUSIA DITINJAU DARI UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA DAN UNDANG-UNDANG NOMOR 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA Merista, Ovia
Veritas et Justitia Vol. 2 No. 1 (2016): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v2i1.2072

Abstract

This article shall discuss the possibility to utilize copyright as fiduciary security to a loan, in accordance to Law No. 42 of 1999 regarding fiduciary pledge/security and the Copyrights Law (Law No. 28 of 2014). The use of copyrights as a fiduciary security is made possible as copyright owner possess exclusive economic rights and not only moral rights. The procedure to be followed is regulated by Law No. 42 of 1999. The economic value of the copyright, is however, determined by the (potential) utilization of the object. In fact the value is calculated against the copyright holder’s right to remuneration or royalty.  Keywords: copyrights, security to a loan, fiduciary, moral and economic exclusive rights
UPAYA KEBERATAN DALAM PENGADAAN BARANG/JASA PEMERINTAH DIKAITKAN DENGAN PRINSIP DALAM GOVERNMENT PROCUREMENT AGREEMENT Budi Yulianto, Arief
Veritas et Justitia Vol. 3 No. 1 (2017): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v3i1.2530

Abstract

The Government Procurement Agreement (GPA), as part of agreements made within the purview of the  World Trade Organization (WTO), opens up the doors for foreign businesses to enter the domestic market of government procurement (goods/services).  Indonesia at present does not yet signed the GPA but decided to become an observer instead. Consequently, the government decides to harmonize its national laws regulating government procurement mechanism or procedure with the international standard (GPA). This article shows that there still exist a huge difference in how the national law regulates the public auction procedure (complaints, challenges and dispute resolution mechanism) with the GPA, which is used as a reference.  This situation should be dealt with should Indonesia decides to sign and ratify the GPA.
RENCANA TATA BANGUNAN DAN LINGKUNGAN (RTBL) DALAM MENATA RUANG KOTA Nurfitriati, Ilva
Veritas et Justitia Vol. 1 No. 2 (2015): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v1i2.1694

Abstract

Urban society has a placed a considerable amount of hope in and holds great expectations of the Urban Planning Program (RTRWK) on RTRWK as the solution to urban planning problems. This program serves as a general guideline for urban planning, although much more detailed regulations are certainly required. The Building and Developmental Planning Program (RTBL) contains urban planning regulations that are in fact already in place despite its being much less popular and/or well known compared to its counterparts: RTRWK or even RDTR (Detailed Urban Space Management Program). Urban and environmental development planning can be one of the solutions for urban management and regulations in accordance with Law No. 26 of 2007 concerning Urban Planning, as well as government regulations for urban planning management. In this study, attempts are made to describe and explain how RTBL can be utilized as a so-called tandem solution to certain urban planning problems, after taking into consideration that various urban areas have distinct characteristics and priorities.
Mempertimbangkan Kembali Orientasi Gerakan Bantuan Hukum Indonesia Wiratraman, Herlambang P
Veritas et Justitia Vol. 2 No. 2 (2016): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v2i2.2276

Abstract

AbstractThis article discusses the practice of individual and structural legal aid and how it has been contextualized within the dynamic of Indonesian politics and law making (especially related to Law No. 16 of 2011 re. Legal Aid). The main question addressed is the extent to which legal aid succeed in pushing real legal reform and contribute to the effort of realizing a just society.  Unfortunately, the author discovers that legal reform initiated post Soeharto, initially held to be positive, failed to fulfills its intended goals. Instead law implementation and enforcement remains vulnerable to external pressure and in fact had been unable to stop on-going human rights violations and widespread corruption.
FENOMENA KORUPSI PEJABAT PUBLIK DI JAWA BARAT DAN CARA MENGATASINYA Atnan, Nur
Veritas et Justitia Vol. 1 No. 1 (2015): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v1i1.1421

Abstract

Abstract The negative effect of the decentralization policy implemented since 2001 is that corruption too become decentralized, especially in West Java. This article discusses: (1) patterns of corruption; (2)probable causes of corruption by government officials; and (3) proposed solution. To do just that, the author chose a socio legal research approach. Empirical data was collected through in depth interview.  The main findings are: (1) Corruption in West Java mostly took the form of state budget misappropriation; (2) the major source of corruption is abuse of power, money politics and the tendency to misuse loopholes in rules and regulations.  Law enforcement should therefore focus on betterment of regulation, organizational structure and legal culture of the officers.
Sistem Perlindungan Atas Ciptaan Berdasarkan Undang-Undang Nomor 28 Tahun 2014 Tentang Hak Cipta Dalam Perspektif Cyber Law Sudjana, Sudjana
Veritas et Justitia Vol. 2 No. 2 (2016): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v2i2.2267

Abstract

AbstractThe purpose of this article is to discuss, from the perspective of cyber law, the relevant rules and regulation as found in the prevailing law on copyright (Law No. 28 of 2014) and how it provides effective protection to copyright creations. The author shall highlight the most important rules and norms or principles. The discussion shows that a number of rules in the Law No. 28 of 2014 has not been able to fully accommodate the need to respond to new development in virtual technology. A number of issues concerning who enjoy protection, the object being protected, registration system, period of protection, restriction on copyright and its relation to educational interest and scientific research still needs to be regulated in detail.
PERIKATAN BERSYARAT DAN BEBERAPA PERMASALAHANNYA Budiono, Herlien
Veritas et Justitia Vol. 2 No. 1 (2016): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v2i1.2067

Abstract

Unpredictability is a factor which has always to be dealt with when making contracts and is related to some act (juridical) which may or may not happen. This unpredictability may be the result of an act/commission or ommission to be perfomed by an unknown person, known person or a third person.  In respons to this unpredicability, to a contract can be added a conditionality in which failure to meet certain conditions will result in postponement or cancellation.  Conditionality may also be employed in making one sided juridical acts, such as a will or a power of attorney. A contract in which one or both parties is required to obtain prior consent before the contract can be performed is a conditional contract.  A conditional contract differs from a contract with a time-limit and contract with an obligation.  In addition, there are impossible condition, inevitable condition, unlawful condition, indecent condition, potestatif condition, and incomprehensible condition. In regard to a will, attention must be given to the difference between fideï-commis and contract with an obligation. A contract with the conditionality of annulment also differs from an obligation to stand for a surety. The law regulation in articles 1266 and 1267 KUHPerdata acknowledges the conditionality related to annulment which is always assumed in reciprocal contract. Keywords:contract, agreement, conditional, annulment, postponement, unpredictable
POSISI, TANTANGAN, DAN PROSPEK BAGI INDONESIA DALAM SISTEM PENYELESAIAN SENGKETA WTO F. D. Sitanggang, Dyan
Veritas et Justitia Vol. 3 No. 1 (2017): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v3i1.2526

Abstract

The World Trade Organization (WTO) as the sole universal organization managing global trade between member-states has develop a dispute settlement mechanism to deal with disagreement related to the interpretation and/or implementation of reciprocal rights and duties in the economic field. However, the effectiveness of this system hinges on compliance of states to decisions reached.  Compliance in its turn are influenced by how parties to a dispute value the justness or equity of the final settlement.  This paper discusses WTO Dispute Settlement Understanding (DSU) and how Indonesia perceived and utilizes this forum to further its national interest.

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