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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articles must be original with sources used properly cited, may be written either in Bahasa Indonesia or English, unpublished elsewhere, and not under consideration for any other publication.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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MEMBACA ULANG PEMAKNAAN KEADILAN SOSIAL DALAM GAGASAN REVOLUSI HUKUM SOEDIMAN KARTOHADIPRODJO Shidarta, Shidarta
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.v1i1.1415

Abstract

AbstractSoediman Kartohadiprodjo was one of few Indonesian legal scholars taking interest in Pancasila, the state ideology  promulgated by Soekarno. Soediman believe that social justice, the core concept of Pancasila corresponds with the “kekeluargaan” principle as found in the constitution.  However, he used the the term welfare or happines rather than social justice since the latter, according to him, tends to adopt liberalist and individualist principles, which according to him contradicts with Pancasila.  He also endorsed the idea of “legal revolution”as a mean to increase the Indonesian populace’ awareness about recent legal development post independence. This article discusses and critizes Soediman’s idea on social justice and legal revolution. Keywords: Pancasila, social justice, welfare state, law revolution.
ANALISIS HUKUM PENERAPAN ANTI PENCUCIAN UANG TERHADAP KEBIJAKAN RAHASIA BANK Vediani, Ilmi
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.v2i1.2071

Abstract

This article discusses money laundering and the implementation of Customer Due Diligence (CDD) which is to be understood as part of the effort to eradicate this particular crime. Money laundering is not an autonomous crime but is always related or stems from an original crime (predicate crime). This crime is committed habitually using financial institution or banks as its instrument.  One factor making this possible is the obligation of bank to guard and maintain customer’s trust by virtue of bank’s secrecy. Nonetheless, this bank secrecy can be waived. By virtue of CDD, banks are under the obligation to implement a process of customer identification, including verification- monitoring of customers financial transaction or activities. In the case, they detect suspicious financial transactions the banks are under the obligation to report their findings to the Indonesian Financial Transaction Reports and Analysis Centre (INTRAC) and/or law enforcement officers Keywords: money laundering, bank, customer due diligence, anti-money laundering program and bank secrecy
BEBERAPA MASALAH DALAM PENGIMPLEMENTASIAN KEWAJIBAN NEGARA INDONESIA DI BAWAH PERJANJIAN INTERNASIONAL KE DALAM HUKUM NASIONAL INDONESIA Parthiana, I Wayan
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.v3i1.2529

Abstract

Indonesia had been involved in the making of quite a number of international treaties and had also ratified a certain number of treaties. The State’s international obligations and rights stipulated by those treaties at a certain point must be implemented by and through the national legal system. Two issues identified are how to situate or place international treaties within the hierarchal order of the Indonesian legislation and, secondly, how those international rights and obligations (as found in treaties) should be harmonized (and incorporated) into the national legal system. The author shall present a general overview of those issues and offer some recommendations for change.
PERAN DAN TANGGUNG JAWAB LEMBAGA PELAYANAN PENEMPATAN DAN PERLINDUNGAN PEKERJA MIGRAN DI INDONESIA Atedjadi, Ribka Lydia
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.v1i2.1693

Abstract

Migrant workers are the universal right holders whose rights, dignity and security require special and specific kinds of protection. The international migrant workers happen to find themselves outside of their nationality law protection system, hence their status is absolutely crucial, as they are susceptible to exploitation and harassment. This protection has been provided since the activities of the labor system in the market are related to pre-placement, placement, and post-placement. The actual implementation of this form of protection currently falls under an institution in charge of services and protection. This institution is known in Indonesia as Badan Nasional Penempatan dan Perlindungan Tenaga Kerja Indonesia, the National Institution for the Placement and Protection of Indonesian Laborers (BNPPTKI). The vulnerability of Indonesian migrant laborers can be discerned from a number of issues such as execution of the death penalty in the country of destination without any notification being given to the government of their country of origin, and acts of violence committed against Indonesian migrant workers in their workplace that is quite susceptible to 3D. By way of its various institutions, Indonesia must address the issues of migrant workers seriously and regard this matter as being subject to law in specific situations. The safe and proper migration situation of Indonesian International workers should become a role model and fall under the responsibilities of the placement institutions services and protections in order to minimize the legal issues faced by the Indonesian workers.
Tinjauan Atas Kesiapan Kementerian Pekerjaan Umum Dan Perumahan Rakyat Terkait Keikutsertaan Indonesia Dalam Government Procurement Agreement (GPA) Hestuleksono, Aryo
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.v2i2.2275

Abstract

AbstarctBasically ratification of the GPA for Indonesia is the opening of the Indonesian market (market access) to the entrepreneur/companies from other countries, which means allowing entrepreneur/foreign companies to participate in the process of procurement of goods and services (PBJ) government in Indonesia. Similarly, the reverse with Indonesian companies. The existence of market acess makes the relation between national with international law. This is a reason of  authors are interested to know further the relationship conformity with international law related to the readiness of the national Ministry of Public Works and Public Housing (PUPR) when Indonesia ratified the GPA views of the setting methods for selecting/ auction in the construction sector in national legislation. The method used is a normative juridical research and the purpose of research to give recommendation to the Ministry PUPR particularly regarding setting methods for selecting the procurement of construction services when Indonesia ratified the GPA. If viewed from the side PBJ arrangements in the Government in the field of construction, especially regarding the purpose, principles and method of election of, the results showed that Ministry PUPR not ready when Indonesia ratified the GPA, because there is a difference between setting purpose PBJ contained in Perpres No. 54/2010 and its amendments as well as Permen PU No 07/2010 and amendments that more give protection to national companies, while GPA has the open principle. In addition there are differences about the method of selecting good views of the types/forms (nomenclature) and its meaning. So that when Indonesia will ratify the GPA, the Government and the Ministry PUPR in particular need to make adjustments to the "purpose" of regulation PBJ as contained in the Perpres/Permen PU with "purpose" contained in the GPA. Similarly, adjustments to the forms (nomenclature) and the meaning of the audition method.
FORCE MAJEURE (OVERMACHT) DALAM HUKUM KONTRAK (PERJANJIAN) INDONESIA Isradjuningtias, Agri Chairunisa
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.v1i1.1420

Abstract

AbstractPrivate law  in civil law system is generally contains two major sections: contract law and commercial law. In contract law, parties imposed upon themselves certain obligations. Notwithstanding that, parties may at some point lose their ability to meet their obligations due to overmacht/force majeure. This article examine the legal status force majeure in Indonesia contract law. Force Majeure is intended to protect one party from damage arising from non- performance. The existence of which require the fulfillment of one or two conditions, subjective and objective. The Force Majeure clause is regulated in the Civil Law Code and encompasses situations such as fire, flood, earthquake, strom, typhoon (or other natural disaster), loss of electricity, catalisator damage, sabotage, war, invasion, civil war, rebellion, revolution, military coup, terrorist activities, blockade, embargo, labour dispute, strike, and goverment sanctions.
PELAKSANAAN PERLINDUNGAN ANAK YANG TEREKSPLOITASI SECARA EKONOMI OLEH PEMERINTAH KOTA PADANG Simbolon, Laurensius Arliman
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.v2i1.2076

Abstract

Children are our future and in their own time bear the responsibility to develop their own world. To enable them doing so, they should not be forced to work to earn a living or support their family.  Children should be allowed to grow in the safety of a home, at school and at playgrounds.  In this paper the author will explore children problems related economic exploitations,  what policies are developed by the municipal government of Padang to protect children from economic exploitations and what are the obstacles in implementing these policies. One of the finding is that the Social and Manpower Service and the Family Planning, Women and Community Empowerment Board of the Padang municipal government develops training programs aiming to give exploited children practical skills in helping them to cope.  Factors influencing economic exploitation of children are numerous and complex: lack of education, lessening of people’s adherence to religious norms, societal environment, shift in cultural values, economic problems, etc. Based on the above the author suggests that the municipal government should take cognizance of these factors when attempting to deal with the problem.  Keywords: child, exploitation, economy, protection
PEMBATASAN HAK UNTUK MENIKAH ANTARA PEKERJA DALAM SATU PERUSAHAAN Novenanty, Wurianalya Maria
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.v2i1.2066

Abstract

There are a number of corporations or economic entities which enact internal employment regulations prohibiting its employees to inter-marry. Sanction to the violation of this rule is voluntary or forced resignation. It is argued that the ratio legis is to prevent personal conflict of interest, discriminative treatment and incidence of corruption-collusion and nepotism in the work place.  The author shall critically analyze such regulation against the background of the prevailing laws, i.e. the 1945 Constitution, Human Rights laws, Marriage Law (1/1974) and Labor law (13/2003). The author’s main finding is that it is permissible to restrict a person’s right to marry under certain conditions, i.e. in the nation’s interest and public order and that such limitation can only be applied by public corporations working in the public interest.                                                                                                                                                                  Keywords: human rights, marriage, labor, corporations
HATE CRIMES DI INDONESIA DALAM PERSPEKTIF PERBANDINGAN HUKUM Wulandari, Widati
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.v3i1.2525

Abstract

This article discusses the deficiency of the Indonesian criminal law with regard to the criminalization of hate crimes. Taking into consideration the fact that Indonesia faces a high incidence of social conflict due to rising intolerance and discrimination targeting minority groups.  The combination of (racial-ethnic-religious) discrimination and hatred against minority groups in most cases results in various forms of common crimes which generally is known as hate crimes. Using a comparative law method, by and between Indonesian criminal law and the criminal law of other countries experiencing hate crimes, the author highlights options for eradicating hate crimes. One important finding is the tendency of a number of countries to perceive hatred or prejudice which motivate the perpetrator of hate crimes as aggravating factor and not to as as separate substantive offence.
PERAN SERTA MASYARAKAT DALAM PENGELOLAAN RUANG TERBUKA HIJAU (RTH) DI KOTA BANDUNG Astriani, Nadia
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.v1i2.1689

Abstract

As a vehicle for social interaction, open spaces are expected to be able to link all of members of society (or the local community) without differentiating between their social, economic and cultural background. Green open space forms part of the urban space available in a region that has been filled with plants in order to bring ecological, social, cultural and aesthetic benefits. From the research conducted previously, it may be gathered that reaching the green open space proportion of 30% in the city region could only have been accomplished by involving many stakesholders, especially the local community members. This phenomenon piqued the interest of the researchers to conduct further research into the active participation of society (local community members) in the management of green open space and into the policies issued by the government to increase this effort. The outcome shows that the active participation of the local community members in the utilization of green open space serves not only to supervise the government policies, but it also plays an important role in managing and maintaining the green open space in their neighborhood. The expansion of the local community’s grasp of the concept being not only the party affected by its impact, but also as the interest and pressure group broadening its active participation by participating in managing the green open space, and even expanding the green open space by making agreements with the government. On the other hand, the government itself has been making various efforts to increase the active participation from society by encouraging the usage of Corporate Social Responsibility to manage the green open space and offer training sessions and courses to the local community involved.

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