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INDONESIA
Veritas et Justitia
Published by Universitas Katolik Parahyangan
ISSN : -     EISSN : -     DOI : -
Core Subject : Education,
Education
Arjuna Subject : -
Articles 299 Documents
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ISLAM DAN INDONESIA ABAD XIII-XX M DALAM PERSPEKTIF SEJARAH HUKUM Fadhly, Fabian
Veritas et Justitia Vol 3, No 2 (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.2683

Abstract

Islam and Indonesia are a mutually supportive part of both, the reality of history shows the circumstances. Islam became part of Indonesia that was known at that time as the archipelago, the various Islamic teachings seep into a part of Indonesian society. Law as one of his teachings known as fiqh, then translated into Islamic law in the context of Indonesia today. Islamic law experienced a long journey from the era of the sultanate to the modern era, with various changes and developments follow the times and needs of the society of Islamic law itself. The method put forward in this paper is a historical method with a juridical approach. The demarcation of time and time that permeates Islam from time to time in extending its influence, to the various behaviors of Indonesian society through the long historical journey. The timing also indicates that Islam is a part of synergy through Islamic law with Indonesian society (Nusantara), as the context of the understanding or adaptive transformation of fiqih that emerges and develops in the Sultanate era as a form of manifestation of fiqh in the classical period.
ASPEK HUKUM KEGIATAN BISNIS DAN FUNGSI PERIZINAN DI INDONESIA DALAM KERANGKA MASYARAKAT EKONOMI ASEAN 2015 Haykal, Hassanain
Veritas et Justitia Vol 2, No 1 (2016)
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.2069

Abstract

The ASEAN Economic Community (MEA) should be perceived as a joint commitment to establish a (regional) single market within which there would be a free flow of goods and services. This commitment at the regional level inadvertently forces member countries to adjust their national laws and regulations. To be more concrete, simplifying the permit system and bureaucratic streamlining becomes a must.  On the other hand, the huge flow of incoming and outgoing trade and services, put pressure to national government to establish a viable control and monitoring system.  Reformation of the existing licensing system should be done by identifying overlapping rules and modernizing the government bureaucracy.  Keywords: permits/licensing, Economic ASEAN Community, bureaucratic reform
PENDEKATAN KEADILAN RESTORATIF: UPAYA MELIBATKAN PARTISIPASI KORBAN DAN PELAKU SECARA LANGSUNG DALAM PENYELESAIAN PERKARA PIDANA Meliala, Nefa Claudia
Veritas et Justitia Vol 1, No 1 (2015)
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.1419

Abstract

AbstractFrom our understanding of ius poenale and ius puniendi, crime logically is simply considered as any offense directed against the state. In other words, conflict between offender and the State. It follow that justice is related to number of cases processed and punishment served. From this perspective, the criminal justice system disregards victims’ and offenders’s needs for closure and personal justice.  The restorative justice system offers an alternate approach which may compensate the shortcomings of the existing criminal justice system that is by opening up the possibility of victims and offenders participation.
KOMISI PENYIARAN INDONESIA SEBAGAI STATE AUXIALIARY BODIES YANG MENJAMIN SIARAN YANG LAYAK BAGI ANAK Arliman S, Laurensius
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.2528

Abstract

This article discusses a number of questions, i.e. regarding the role and function of the Indonesian Broadcasting Commission, established by Law no. 32 of 2002, as a state auxiliary body, in supervising Indonesian broadcasters; 2. The Commission’s role in guaranteeing the broadcast of material that are suitable for children; and 3. Offering inputs as to how to secure child-proof broadcasts. The Commission already issued a number of regulations in that respect but practice shows low compliance. Parents and adults should be more involved, pay more attention and offer guidance to children.
DINAMIKA POLITIK HUKUM DALAM PEMENUHAN HAK ATAS KESEHATAN DI INDONESIA Mardiansyah, Rico
Veritas et Justitia Vol 4, No 1 (2018): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.2918

Abstract

The right to health is widely recognized as basic human rights and consequently it is the state’s duty to guarantee its fulfilment.  The Indonesian government, in realization of this duty, develops and put in place a national health care (insurance) system, which successful working depend on citizens paying equal amount of the premium needed to sustain this public health care system.  However, the same state, in the context of social justice and welfare, provide poor citizens with monetary aid. This article discusses, by using a juridical normative approach, supplemented by an inter-multi disciplinary approach, the political dynamics underpinnings influencing the social or health care system’s implementation.
Kekuatan Hukum Memorandum of Understanding (MoU) Dalam Hukum Perjanjian Indonesia Pratama, Gita Nanda
Veritas et Justitia Vol 2, No 2 (2016)
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.2274

Abstract

AbstractMemorandum of Understanding (MoU), made orally or in written form, is used as the basis for drafting a contract containing elaboration of the parties’ specific rights and duties.  MoU may thus be understood as a preliminary agreement to draft a contract. The author, starting from the Indonesian contract law, intend to analyze the extent to which MoU may be considered legally binding by the parties. To that purpose a comparison with how common law system recognize and regulate MoU will be considered necessary. The author’s main argument is that, notwithstanding the fact that there is no rule explicitly recognizing or mentioning the name, MoU’s containing the main understandings reached by parties should be treated as morally binding by the parties.
PORTRAITS IN INDONESIA: INTERNATIONAL REFUGEES FACE UNCERTAIN FUTURE (A STUDY OF INTERNATIONAL REFUGEE LAW) Kadarudin, Kadarudin
Veritas et Justitia Vol 4, No 1 (2018): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.2920

Abstract

This paper discusses the issue of refugees from an international law perspective. It is known that Indonesia is not a party to either the 151 Refugee Convention as well as the 1967 Protocol, but mostly as transit country house a number of refugees running away from conflict areas in Myanmar, the Middle East and Afghanistan.  This legal research employs a juridical normative method.  By tracking down and analyzing all relevant legal sources it is revealed that Indonesia’s treatment of refuges is based on the general obligation to protect and honor human rights (on the basis of international minimum standard).  It is further recommended that Indonesia should actively support the global compact on refugees. 
KETERTIBAN YANG ADIL VERSUS KETIDAKADILAN: BEBAN SOSIAL-EKONOMI YANG HISTORIS DARI HUKUM Kusumohamidjojo, Budiono
Veritas et Justitia Vol 2, No 1 (2016)
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.2075

Abstract

This paper is based on a two decade observation on the dilemma of order and justice, leading to an attempt to analyze the social-economic factors underlying the historical roots of injustice. On its course it attempted to take lessons from historically proven axioms provided by certain heavy weight thinkers. While trying to make the best out of those axioms, the analysis could not ignore the hard facts of the daily life of the billions of people suffering from unending injustice in most parts of the world, in the rich and let alone in the poor parts of it. Neither could it escape from criticizing the ubiquitous mess in the justice system, almost universally. Although the overall problem of injustice does not seem to provide much hope for a better life of the people at large, the conclusion of this paper tried to distant away from a pessimistic stance and instead proposed an agenda for those who may concern to be carried out. This paper contains forethoughts of a book in the making regarding basically the same problem.   Keywords:history, authority, rationality, law, order, equality, justice
KRITIK TERHADAP PENERAPAN PASAL 156a KUHP DITINJAU DARI PERSPEKTIF KEHIDUPAN DEMOKRASI DI INDONESIA Dian Andriasari, Dian
Veritas et Justitia Vol 3, No 2 (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.2688

Abstract

Since long time every application of Article 156a of the Criminal Code has always caused social tension, social situation becomes very sensitive. These conditions lead to social conflicts. The issue of religion then became a commodity in the narrative of the mass media, into a debate. In the end in some cases, it always attributes the threat of democratic life. Conflict in the name of religion also surfaced, at least social tension raised after the Judges decision by using the article. Religion is a problem that can not be separated from what should and what is real. These two things will continue to develop whereby dialectics may occur between them. If in the past religion was seen to be close to some elements of society, there was a growing tendency to recognize the differentiation between these elements and to legitimize the division of labor between the elements. But this differentiation is not accepted by all religious communities. The states hegemony against religion is more often the legitimacy of violence and unilateral truth claims. Debate about it then led to a lot of interpretation, cross interpretation of the dispute then led to the court using the criminal justice system approach. Here is the Law as the result of social process, which should be studied as a social reality, indicating that there is a need to broaden the perspective, meaning not only to understand the rule of law from the point of logical consistency of the rules only, but also to be viewed from aspects of the process of human relations in society both individually and institutionally. Using the sociological juridical approach, the author tries to discuss how the effect of the application of article 156a of the Criminal Code in the life of democracy in Indonesia and how the prospect of future arrangement related to the formulation of religious offense in the perspective of ius constituendum.
REKONSTRUKSI DUAL BANKING SYSTEM: KEBERADAAN PRINSIP-PRINSIP SYARIAH PERBANKAN DALAM SISTEM HUKUM PERBANKAN NASIONAL Kristianti, Dewi Sukma
Veritas et Justitia Vol 1, No 2 (2015)
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.1691

Abstract

The legal practice of Islamic (Sharia) economics in the real sector of Indonesia’s national economic development by way of various institutions or Islamic (sharia-based) economic centers has had a positive impact on the growth and development of the national economy. The practice is based on Islamic principles, which have been shaped into a wide variety of regulations or legislation in effect. In the legal concept of Sharia economics, the state as represented by the government that implements Sharia-based economic practices must apply the principles of Islamic economics to achieve the goal of Islamic economic law. The purpose of this Sharia economic law emphasizes the benefits for society based on the balance and fairness thus attained to present a showcase of the politics involved in Islamic economic law. The actual reality of legislation in Sharia-based economic activities issued by the government still falls decidedly short of expectations when compared to conventional economic activities and legal certainty in other countries, due to the role that Islamic economic law plays in determining the government’s political direction and ways of formalizing Islamic economic law in Indonesia.

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