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articles must be original with sources used properly cited, may be written either in Bahasa Indonesia or English, unpublished elsewhere, and not under consideration for any other publication.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[NORMA PERSATUAN SEBAGAI BATASAN PERBUATAN PIDANA PENYEBARAN UJARAN KEBENCIAN MELALUI INTERNET ]]>
<![CDATA[Christianto, Hwian]]>
<![CDATA[ Veritas et Justitia Vol. 6 No. 1 (2020): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.25123/vej.v6i1.3501
<![CDATA[The Law no 11 of 2008 contains a penal rule against spreading hatred by the means of the internet (or digital social media). The enforcement of this penal sanction, due to its vagueness on the meaning of the term hate and spread of hate, consequently result in a public debate on how it impacts on people’s right of free expression. Apparently this vagueness opens up the possibility to limit even suppress freedom of expression. Using a juridical normative approach, this article discusses the leitmotiv of the above penal sanction. The author suggests that the express purpose of this article is to secure the unity and integrity of a pluralistic society. ]]>
<![CDATA[PERLUASAN KEWENANGAN BPK DALAM MENGAWASI KEUANGAN NEGARA DI LINGKUP PEMERINTAHAN DAERAH ]]>
<![CDATA[Habibi, Dani]]>;
<![CDATA[Hermawan, Ian Aji]]>
<![CDATA[ Veritas et Justitia Vol. 6 No. 2 (2020): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.25123/vej.v6i2.3512
<![CDATA[State budget management is tightly related to how the existing state law regulates fiscal relationship between the central government and the regional-local governments. The authority granted to regional-local government to manage their own budgeting more or less autonomously in practice results in mismanagement, misuse of available financial resources and even corruption. Unfettered and unchecked financial leakage at the regional government level may and have resulted in failure to realize and implement projects much needed by society. In light of this situation, a justified need arise for state intervention to monitor-control planning and realization of regional-local government budget. The author proposed the expansion of the Audit Board of the Republic Indonesia’s authority. They should not passively wait for financial reports to be submitted but actively assist regional-local government in planning their own budget, monitor the spending and realization of it and lastly, provide assistance in drafting the final report. ]]>
<![CDATA[PENATAAN ULANG KEWENANGAN PENYIDIKAN DAN PENUNTUTAN DALAM PENEGAKAN HUKUM PELANGGARAN HAM BERAT ]]>
<![CDATA[Ramadhan, Febriansyah]]>;
<![CDATA[Nugraha, Xavier]]>;
<![CDATA[Felany, Patricia Inge]]>
<![CDATA[ Veritas et Justitia Vol. 6 No. 1 (2020): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.25123/vej.v6i1.3514
<![CDATA[This article discusses the problems encountered in the preliminary court proceeding of gross human right violation cases in Indonesia. Identified are two state institutions, i.e. the National Human Right Commission and the Attorney General, who possess the authority to initiate investigation and subsequent successful prosecution of gross human right violation cases. Good cooperation and relation between these two agencies is therefore a must. This article looks into the problems encountered by these two institutions in doing the preliminary process and discusses possible redistribution of these two state agency authorities. To do this a doctrinal approach will be used.]]>
<![CDATA[PERKEMBANGAN DELIK ZINA DALAM YURISPRUDENSI HUKUM PIDANA ]]>
<![CDATA[Putra Rozi, Zulfiqar Bhisma]]>
<![CDATA[ Veritas et Justitia Vol. 5 No. 2 (2019): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.25123/vej.v5i2.3612
<![CDATA[This article examines the concept of adultery as regulated in Article 284 of the Criminal Code. Behind this penal ruling is the intention to protect the sanctity of marriage contracts. Outside the purview of this article is extra marital sex. The author main argument is that Judges using their authority to extract and formula existing unwritten society’s appraisal and judgment on extra-marital sex. The purpose of which is to make possible penalization of couples considering guilty of committing extra marital sex. A study of existing laws and regulations, plus relevant court judgments will be undertaken, to explore the possibility of changing and extending the concept of zina (adultery) to encompass also extra-marital sex.]]>
<![CDATA[FUNGSIONALISASI PASAL 44 KUHP DALAM PENYIDIKAN TINDAK PIDANA PEMBUNUHAN (SUATU RE-ORIENTASI & RE-EVALUASI MENUJU REFORMULASI) ]]>
<![CDATA[Ohoiwutun, Y A Triana]]>;
<![CDATA[Nugroho, Fiska Maulidian]]>;
<![CDATA[Martua Samosir, Samuel Saut]]>;
<![CDATA[Setiyoargo, Arief]]>
<![CDATA[ Veritas et Justitia Vol. 5 No. 2 (2019): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.25123/vej.v5i2.3613
<![CDATA[Uncertainty with regard to the proper implementation of Article 44 of the Criminal Code is to be discussed. In legal practice, the existence of mental disorder in those who are accused of murder or homicide will be made dependent on the decision of psychiatrist (authorized to conduct forensic psychology or psychiatry). In the case that such mental disorder is determined to be existing during a pre-trial hearing, the court is under no obligation to order cessation of the criminal proceeding. It is noted that in a number of cases the decision to terminate investigation or cease court proceeding falls completely under the Judge discretionary power. The author’s recommendation is that a reformulation of Art. 44 of the Criminal Code is in order.]]>
<![CDATA[PELAYANAN PUBLIK BERBASIS ELEKTRONIK DAN PERILAKU ANTI KORUPSI ]]>
<![CDATA[Manurung, Elsa Debora]]>;
<![CDATA[Rahmayani Sembiring, Shafira Nadya]]>;
<![CDATA[Sulistyani, Wanodyo]]>
<![CDATA[ Veritas et Justitia Vol. 5 No. 2 (2019): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.25123/vej.v5i2.3614
<![CDATA[Advancement in the information and communication technology make possible the development of e-government. The Indonesian government already grasped the opportunity to develop its own e-government system in providing public services. The obvious intent is to increase the quality of public service provision by the bureaucracy. This is hoped to be achieved by securing transparency and accountability of public officials. It is also to be expected that e-governance will be able to eradicate or at least decrease the possibility of corruptive behaviour. Unfortunately, fact speaks differently. Cases to be analysed here are: corruption committed by public officials working at the Investment and One Stop Service Office of the Bandung Municipality and those performed by public officials managing e-procurement services. In particular, this article shall discuss the issue how to develop e-government as to better at eradicating and preventing corruption by public officials.]]>
<![CDATA[PENGALIHAN HAK MEREK MELALUI WAKAF BERDASARKAN HUKUM POSITIF INDONESIA DAN PRINSIP SYARIAH ]]>
<![CDATA[Yustisia, Fasya]]>;
<![CDATA[Budiningsih, Catharina Ria]]>
<![CDATA[ Veritas et Justitia Vol. 5 No. 2 (2019): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.25123/vej.v5i2.3616
<![CDATA[This article discusses the utilization of the Islamic institution of wakaf (an Islamic institution) to transfer ownership or right to use of trademark. The issue at hand is that method of trademark transfer is found regulated by Law No. 20 of 2016 re. Trademark and Geographical Indication whilst procedure and conditions of wakaf is regulated by Islamic/Syariah Law (Law No. 41 of 2004). The author notes that wakaf, understood as transfer of (ownership or proprietorship) of Trademarks, is or should be motivated by religious considerations or made in the public interest. Therefore, transfer done through wakaf will always be made in perpetuity. Nonetheless, the Law no. 41 of 2004 re. wakaf make possible temporary transfer of ownership which may be performed by a license agreement, transferring only right to use the trademark but not the ownership (title) thereof. Another important note to be highlighted is that Islamic law prohibits or considers not appropriate (not halal) trademark of living being or non-kosher products (goods or services).]]>
<![CDATA[CONCRETISATION OF THE PRINCIPLE OF SUSTAINABLE FINANCE IN THE BANKING SECTOR LEGISLATION IN INDONESIA: LON FULLER EIGHT DESIDERATA APPROACH ]]>
<![CDATA[Dewantara, Reka]]>;
<![CDATA[Agatha, Bimarceline]]>
<![CDATA[ Veritas et Justitia Vol. 5 No. 2 (2019): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.25123/vej.v5i2.3626
<![CDATA[This article aims is to explores an issue where Sustainable finance itself is a form of embodiment in Article 33 paragraph (4) of the 1945 Constitution of the Republic of Indonesia that the national economy is organized based on several principles, one of which is sustainable principles by maintaining a balance and unity of the national economy. Thus Article 33 paragraph (4) of the 1945 Constitution of the Republic of Indonesia is a juridical basis of sustainable finance that promotes a sustainable financial system. The research methodology was an integration of empirical juridical research methods and interpretation of the normative method results. The results indicated that with the involvement of banks in implementing sustainable finance, banks must be selective in granting credit to debtors by setting conditions that are following bank policies. Because basically, sustainable finance activities do not harm the community, it creates justice for the community based on the constitutional rights of citizens to get a decent life. In the concept of sustainable finance, economic sustainability includes several criteria in carrying out credit risk analysis, including sustainability of resources, the sustainability of results and sustainability of the business.]]>
<![CDATA[SEJARAH PEMBANGUNAN HUKUM PERBANKAN SYARIAH DI INDONESIA ]]>
<![CDATA[Umam, Khotibul]]>
<![CDATA[ Veritas et Justitia Vol. 6 No. 2 (2020): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.25123/vej.v6i2.3629
<![CDATA[In this article the author traces the historic development of Islamic or sharia banking in Indonesia and this will be done by analysing the evolution of a series of successive laws promulgated over time. From these laws (Law Nos. 7/1992; 10/1998 and 21/2008) we can discern, how over the years, the Indonesian government gradually accept and recognized sharia banking principles, resulting in the establishment of Sharia Banks alongside conventional Banks. These successive laws also shows the gradual process of policy changes which involves a top-down, bottom up and again a top down approach. Through this process, Sharia Banks develops in Indonesia and has been able to meet society’s need not only for a modern banking system, but also more importantly, providing banking services in line with the sharia. ]]>
<![CDATA[PELAKSANAAN FUNGSI REKOMENDASI OMBUDSMAN REPUBLIK INDONESIA TERHADAP KEPALA DAERAH ]]>
<![CDATA[Setiawan, Adam]]>
<![CDATA[ Veritas et Justitia Vol. 6 No. 2 (2020): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.25123/vej.v6i2.3657
<![CDATA[The author grapples with the issue of how Heads of Regional government respond to Ombudsman’s recommendations, suggesting correction of public service failures, and what are the legal repercussions if those regional government heads chose to disregard such recommendation. Relevant legal norms - identified from existing legal sources - shall be discussed. It is suggested that Heads of Regional Governments are under the legal obligation to heed the given recommendation and rectify the government error as proposed. In practice, recommendations can and have been on numerous times been ignored. Administrative sanctions, i.e. obligatory special re-training-education programs, in the case of failure to meet Ombudsman’s recommendation, has been dismissed with impunity by both the Ministry of Home Affairs and the Heads of Regional/Local government, by reason of political or legal considerations.]]>
