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articles must be original with sources used properly cited, may be written either in Bahasa Indonesia or English, unpublished elsewhere, and not under consideration for any other publication.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.
Articles
429 Documents
<![CDATA[MAKNA MEDIASI DALAM UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA ]]>
<![CDATA[Sudjana, Sudjana]]>
<![CDATA[ Veritas et Justitia Vol. 7 No. 1 (2021): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v7i1.3716
<![CDATA[Art. 95(4) Law No. 28 of 2014 re. Copyright determines that mediation should be the preferred choice to settle copyright disputes, including those that relates to piracy and plagiarism. The issue to be discussed here is what would the legal consequence be in case this alternative dispute settlement is not utilized by disputants. This problem will be discussed using a juridical normative approach. Here, mediation is understood in the context of Law No. 30 of 1999 re. Arbitration and Alternative Dispute Settlement and Supreme Court Regulation No. 1 of 2016 re. Mediation Procedure in Court Proceedings. The main finding of this legal research is that mediation, by law, should be offered in court or may be used out of court at any time by disputants, in civil dispute (claim for compensation) as well in criminal cases. Non utilisation does not have as consequence the cessation of existing court proceedings.]]>
<![CDATA[DUALISME KETENTUAN COST RECOVERY SEBAGAI DASAR PUNGUTAN NEGARA PADA INDUSTRI HULU MIGAS ]]>
<![CDATA[Tambunan, Maria R.U.D.]]>;
<![CDATA[Togatorop, Ginda]]>
<![CDATA[ Veritas et Justitia Vol. 7 No. 1 (2021): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v7i1.3740
<![CDATA[This article traces and describes the changes made from time to time, to the calculation and determination of government share, as obtained from corporate revenues and tax deducted based on Production Sharing Contract, as used in the Indonesian natural gas and oil sector. Qualitative data is gathered by performing a legal audit and literature review. The issue discussed here is the disagreement existing between the government and contractor regarding the calculation of recoverable cost (based on the Production Sharing Contract) and amount of corporate income tax imposed based on the prevailing tax law. Based on the review of legal materials and literature, the recommended action is to harmonize these two different tax-revenue schemes.]]>
<![CDATA[KEKUASAAN DISKRESI HAKIM PENGADILAN HUBUNGAN INDUSTRIAL ]]>
<![CDATA[Widiastiani, Nindry Sulistya]]>
<![CDATA[ Veritas et Justitia Vol. 7 No. 1 (2021): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v7i1.3843
<![CDATA[In this article the author discusses the discretionary powers granted to Labour Dispute Court judges. Better known, in comparison, are the discretionary powers of criminal court judges in determining penal sanctions or of Islamic court judges when granting dispensation to marry for underage couples. Using a juridical normative method, the discussion focusses on the principles underlying the Labour Dispute Court judge’ discretionary powers and its implementation. The analysis shows that Labour Dispute Court judges do have and enjoy discretionary powers in determining betterment of working conditions, how to best fill gaps or seek clarity in the face of ambiguous rules and regulations found in work contract, company regulations or collective work agreement.]]>
<![CDATA[CRIMINAL VICTIMIZATION ON LARGE-SCALE INVESTMENT SCAM IN INDONESIA ]]>
<![CDATA[Setiawan, Peter Jeremiah]]>;
<![CDATA[Ardison, Hansel]]>
<![CDATA[ Veritas et Justitia Vol. 7 No. 1 (2021): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v7i1.3917
<![CDATA[Mass scale investment fraud (Ponzi) schemes result in protracted suffering for the victims. In this article the author investigates this crime from a juridical normative, case, and conceptual approach. From the very start potential victims may fall to promises of lucrative and safe investment schemes. In the eyes of the more prudent, it would or should be obvious that the collaborative business offers as presented contains logical flaws, running against common sense and is at the outset illegal. Notwithstanding, victims seems to fall easily into this trap, lured by the promise of getting easy, quick, and huge investment returns. In the end, even when this fraudulent investment scheme unravels, the government of law enforcement seems to be unable to act decisively and offer a satisfactory solution. Slow and ineffective government response in the end exacerbate economic loss and victims suffering.]]>
<![CDATA[UPAYA PENCEGAHAN PEMUTUSAN HUBUNGAN KERJA PEKERJA DI SEKTOR FORMAL BERDASARKAN KEADAAN MEMAKSA PANDEMI COVID-19 ]]>
<![CDATA[Suprantio, Steven]]>
<![CDATA[ Veritas et Justitia Vol. 7 No. 1 (2021): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v7i1.3921
<![CDATA[The business world everywhere including those in Indonesia cannot but felt the brunt of economic slowdown caused by the public health emergency (the COVID 19 pandemic). Quite a few national and local businesses have had to close their operation and lay off all its employees. Although the consensus between the government, workers (individuals and unions) as well as employers is to prevent and avoid termination of employment at all costs, the Law No. 11 of 2020, re. Job Creation allows massive dismissal of employees due to economic necessity or state of emergency. This article shall critically examine how the prevailing law, Law No. 11 of 2020 re. Job Creation regulates termination of employment in case of state of emergency. ]]>
<![CDATA[PERJALANAN REFORMA AGRARIA BAGIAN DARI AMANAH KONSTITUSI NEGARA ]]>
<![CDATA[Utomo, Setiyo]]>
<![CDATA[ Veritas et Justitia Vol. 7 No. 1 (2021): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v7i1.3935
<![CDATA[The author examines and describes how agrarian reform is realized during different government periods. To do that, policy, and legal documents, directly or indirectly related to agrarian reform, is analysed. This research reveals that attempt at agrarian reform up to present is focussed developing policies aiming to restructure land ownership and utilization (land reform). Another finding is that the promulgation of Law No. 11 of 2020 (Law on Job Creation) tends to shift the focus more on granting easy access to land for development purposes. This change of policy priority will have dire consequence to access to land for the poor and most likely increase agrarian conflicts.]]>
<![CDATA[GANTI KERUGIAN TERHADAP ANAK KORBAN TINDAK PIDANA PENCABULAN ]]>
<![CDATA[Murtadho, Achmad]]>
<![CDATA[ Veritas et Justitia Vol. 7 No. 1 (2021): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v7i1.3954
<![CDATA[Children’s rights, as victim (of sexual offences) or perpetrator of crime, are not yet well secured or protected by law. This issue will be discussed by examining closely the substantive and procedural rules-regulation in the Law of Child Protection (no. 23 of 2002) and Law on Child Court (no. 11 of 2012). In addition, legal practice about children court shall also be highlighted. The author suggest that the prevailing substantive and procedural law has not yet be made adequately in response to the special needs of children victims of sexual abuse as well as accommodating the need for sufficient and fair compensation. It is as it is, due, amongst others, for the lack of victim perspective in the making of the children court system and how this system is being practiced.]]>
<![CDATA[PEMENUHAN HAK ANAK DI INDONESIA MELALUI PERENCANAAN PENGASUHAN, PENGASUHAN TUNGGAL DAN PENGASUHAN BERSAMA ]]>
<![CDATA[Saraswati, Rika]]>;
<![CDATA[Boputra, Emanuel]]>;
<![CDATA[Kusniati, Yuni]]>
<![CDATA[ Veritas et Justitia Vol. 7 No. 1 (2021): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v7i1.4066
<![CDATA[In many countries, joint custody has replaced and is considered better than sole custody. It is also deemed more in line with the gender equality principle which demands both parents to share responsibility for the custody and care of the child post-divorce. This article discusses how judges in divorce cases decide on child custody, and the extent to which they consider the merits of joint or sole custody and demand divorcees to consider making a parenting plan in the best interest of their children. Qualitative data is collected from the District Court and Religious Court at Semarang and by analysing 4 court decisions regarding child custody. Interestingly, none of the Courts above possess or implements a policy or have some procedural ruling obligating judges in divorce cases to demand parents to consider joint custody or making a parenting plan post-divorce. Obligatory pre-trial mediation is geared more as a procedural-formalistic attempt to dissuade parties to continue with divorce.]]>
<![CDATA[INTERVENSI YUDISIAL DALAM ISU HUBUNGAN PUSAT–DAERAH: STUDI TERHADAP PRAKTIK MAHKAMAH KONSTITUSI ]]>
<![CDATA[Kurnia, Titon Slamet]]>
<![CDATA[ Veritas et Justitia Vol. 7 No. 1 (2021): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v7i1.4081
<![CDATA[The legal issue to be discussed in this article is the involvement of the Constitutional Court in adjudicating issues concerning the relationship between national – local government in general, and the distribution of power to the local government in particular. To be more specific, this article will criticise by delivering a casenote over the Constitutional Court decisions, i.e. Decision Number 87/PUU-XIII/2015, Decision Number 137/PUU-XIII/2015, Decision Number 30/PUU-XIV/2016 and Decision Number 56/PUU-XIV/2016. The casenote will notify the need to a deeper conceptual understanding of the differences between unitary State and federalism principles and its implication in giving prescriptions. This is a response to the Constitutional Court’s judicial opinion which tends weightier to federalism, instead of unitary State principle. According to this situation, it is recommended that the Constitutional Court should not review the constitutionality of laws which contain the legal issues concerning the relationship between national – local government in general, and the distribution of power to the local government in particular. This article uses conceptual and comparative approaches.]]>
<![CDATA[ASPEK HUKUM PENAWARAN UMUM EFEK SECARA ELEKTRONIK ]]>
<![CDATA[Previanti, Niken]]>
<![CDATA[ Veritas et Justitia Vol. 7 No. 1 (2021): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v7i1.4248
<![CDATA[The main issue discussed here, using a juridical normative method, regards the legal validity and implementation of, and legal protection given to investors, found in the Financial Services Authority Regulation No. 41/POJK.04/2020 re. Electronic Public Offering of Equity, Debt Securities and/or Syaria’ Undivided Share. Important to note is the fact that the Financial Services Authority is established by virtue of Law No. 21 of 2011 to replace and take over the functions of the Capital Market and Financial Institution Supervisory Agency and the Central Bank in regulating and supervising Indonesian Banks and Capital Markets and lastly protect consumers in the financial services industry. Here should also mentioned the fact that the Capital Market Law (No. 8/1995) and its implementing regulations has yet to respond to how advances in information technology can be utilized to regulate-control and supervise public offering of shares or equity in the Capital Market.]]>
