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articles must be original with sources used properly cited, may be written either in Bahasa Indonesia or English, unpublished elsewhere, and not under consideration for any other publication.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[PROSPEK PERSEROAN PEMEGANG SAHAM TUNGGAL TANPA PERKECUALIAN UNTUK KEMUDAHAN BISNIS ]]>
<![CDATA[Efendi, A'an]]>
<![CDATA[ Veritas et Justitia Vol. 6 No. 2 (2020): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v6i2.3694
<![CDATA[As a general rule, economic enterprises or companies should be established based on the principle of capital association and agreement. In contrast, Law No. 40 of 2007 re. Limited Liability Companies, provide exemptions to both principles. On the basis of this observation the issue discussed in this articles are: (1) why is the exemption provided only for certain forms of economic enterprises or companies; (2) is this exemption to the rule justified, perceived from the principle of equality; and (3) what are the justification for allowing the establishment of a limited liability company with a single investor (sole ownership). Using a juridical doctrinal approach the answer to the above questions are: (1) exemption are granted for state owned companies, established and regulated under public law; (2) the exemption is unjust as it discriminates and allowed for discriminative treatment; and (3) the practice of establishing a limited liability company by a single shareholder is a long standing practice. ]]>
<![CDATA[DISPENSASI KAWIN AKIBAT HAMIL DI LUAR PERKAWINAN DAN DAMPAKNYA PADA FORMULASI PIDANA ZINA ]]>
<![CDATA[Siregar, Thogu Ahmad]]>;
<![CDATA[Sianturi, Petrus Richard]]>
<![CDATA[ Veritas et Justitia Vol. 6 No. 2 (2020): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v6i2.3702
<![CDATA[Data shows a high number of under-age or child marriages Indonesia. A related phenomenon is number of dispensation requested to the court to conduct marriage in case one or both couples are under age. Reason for this practice may be escape route from poverty, or as a more common justification to prevent sexual intercourse outside marriage (fornication) considered per se immoral. Meanwhile, drafter of the Indonesian Criminal Code decides to criminalize sexual intercourse outside marriage. The author, using a descriptive analytical approach, suggest that, at the abstract level, a contradiction exist between the rule of allowing the granting of court dispensation and the rule purporting to criminalize sex outside marriage. Dispensation, in the final analysis, may be used to de-criminalize sex between under age couples. ]]>
<![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[REKAM MEDIS: PENGGUNAAN INFORMASI MEDIS PASIEN DALAM PELAKSANAAN ASAS PERLINDUNGAN PUBLIK ]]>
<![CDATA[Wijaya, Yudi Yasmin]]>;
<![CDATA[Suyanto, Edy]]>;
<![CDATA[Tanuwijaya, Fanny]]>
<![CDATA[ Veritas et Justitia Vol. 6 No. 2 (2020): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v6i2.3717
<![CDATA[Medical records contain confidential information of patient’s medical condition and treatment given. In the public interest or for the sake of law enforcement, the confidentiality of medical records may be breached. Stake holders (patients, health workers and law enforcers) should take cognizance of what procedures and limitation exist when requesting the acquisition of medical records in the public interest. Using a juridical doctrinal method, the prevailing rules and regulation related to medical record and its breach of confidentiality shall be analysed. One important finding is that there is a dire need to seek a balance between satisfying public interest and the protection of patient’s privacy rights.]]>
<![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[PERLINDUNGAN HUKUM TERHADAP DATA PRIBADI DALAM INDUSTRI FINANCIAL TECHNOLOGY ]]>
<![CDATA[Pakpahan, Elvira Fitriyani]]>;
<![CDATA[Chandra, Lionel Ricky]]>;
<![CDATA[Dewa, Ananta Aria]]>
<![CDATA[ Veritas et Justitia Vol. 6 No. 2 (2020): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v6i2.3778
<![CDATA[It came to the author’s attention that personal data collected or appropriated in the course of FinTech industry especially those that related to FinTech Peer to Peer Lending services are prone to misuse. The author, after perusing the prevailing laws regarding FinTech industry, concludes that a well-functioning system of rules has been put in place to regulate this industry. However, what is lacking is sufficient guarantee or protection of consumer’s personal data. Available is the option to use a weak (administrative, civil or penal) sanction against alleged misuse or misappropriation of personal data. To enhance better legal protection, the author suggests, that the government issue a special law on personal data protection, including establishing a a special governmental supervisory body to that purpose.]]>
<![CDATA[PEMBERLAKUAN KETENTUAN PASAL 21 UNDANG-UNDANG NOMOR 30 TAHUN 2014 DALAM PENANGANAN KORUPSI ]]>
<![CDATA[Pudyatmoko, Yohanes Sri]]>;
<![CDATA[Aryadi, Gregorius]]>
<![CDATA[ Veritas et Justitia Vol. 7 No. 2 (2021): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v7i2.3780
<![CDATA[This research departs from the author’s observation that Indonesian government officials are currently very wary and worried being criminally charged for corruption and at the same time brought before the administrative court for abuse of power. The main question here is whether the possibility of being brought before the Administrative Court may or may not have positive effect. The main finding, using a legal normative approach, is that the final decision on the issue, whether there is abuse of power or not, as decided by the Administrative Court, would be important in proving disproving, the corruption charge brought before the criminal court. ]]>
<![CDATA[PEMBUATAN AKTA/SURAT KETERANGAN WARIS OLEH NOTARIS BAGI MASYARAKAT ADAT BALI ]]>
<![CDATA[Sudradjat, Debiana Dewi]]>
<![CDATA[ Veritas et Justitia Vol. 6 No. 2 (2020): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v6i2.3796
<![CDATA[The legal basis justifying the existence of notaries as public officials and a legal profession were Netherland-Indies laws. These colonial laws were, by virtue of Art. I Transitional Rules of the 1945 Constitution of the Republic of Indonesia (4th Amendment), taken over and considered to be still in force. Consequently, one of the public service offered by Notary publics, i.e., issuance of letter of inheritance or written affidavit stating which family members of the deceased may by law be regarded as heir-successor, has not been made available to Balinese adat communities. This service can only be enjoyed by those individuals who submit themselves to the (colonial) Civil Code. The article explores, using a juridical empirical approach, the possibility to extent the above public notary’s service to Balinese adat (traditional) communities.]]>
<![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[OPTIMALISASI ASAS OPORTUNITAS PADA KEWENANGAN JAKSA GUNA MEMINIMALISIR DAMPAK PRIMUM REMEDIUM DALAM PEMIDANAAN ]]>
<![CDATA[Nugraha, Yodi]]>
<![CDATA[ Veritas et Justitia Vol. 6 No. 1 (2020): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v6i1.3882
<![CDATA[In the Indonesian criminal justice system, every public prosecutor possesses the authority to cease criminal prosecution in the name of public interest. In contrast, in the Netherland, only the Attorney General (Procureur Generaal) at the Supreme Court has this authority. This article discusses this authority to cease of terminate criminal prosecution in the name of public interest. To do this a comparative approach is used in which the ruling of this authority to terminate criminal prosecution as found in the Draft of the Indonesian Criminal Code will be compared against the same regulation and policy used in the Netherlands. A doctrinal and comparative law approach will be used. One recommendation resulting from this research is the need to re-evaluate the existing procedure and requirement of terminating criminal prosecution in the public interest in the Indonesian context and the introduction of Rechter-Commissaris into the criminal justice system.]]>
