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Dyan Franciska Dumaris Sitanggang
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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articles must be original with sources used properly cited, may be written either in Bahasa Indonesia or English, unpublished elsewhere, and not under consideration for any other publication.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 419 Documents
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ASAS TERBUKA UNTUK UMUM DAN KEHADIRAN FISIK PARA PIHAK DALAM SIDANG DI PENGADILAN NEGERI PASCA PERATURAN MAHKAMAH AGUNG NOMOR 1 TAHUN 2019 Waluyo, Bernadette M
Veritas et Justitia Vol. 6 No. 1 (2020): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v6i1.3883

Abstract

The Indonesian Supreme Court, in response to the information era, modernizes the civil procedural rules at the district court level.  This is done by issuing Supreme Court Regulation no. 1 of 2019 re. Administration of Justice at Civil Law Courts and Electronic-Court Proceedings. Undoubtedly, modernization of existing rules on the administration of justice is much needed.  On the other hand, these changes may violate a number of procedural civil law principles.  The author argues, from a civil procedural law perspective, that the above Supreme Court regulation violates the basic principle of transparency of court proceedings and physical attendance at court proceedings. 
PENGATURAN ILLICIT ENRICHMENT DI INDONESIA Miantoro, Bayu
Veritas et Justitia Vol. 6 No. 1 (2020): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v6i1.3884

Abstract

The United Nations Convention against Corruption (UNCAC) provides states with the opportunity, by means of their national criminal law, to criminalize a number of diverse corruptive behaviors, inter alia, illicit enrichment. By using a legal normative approach, the author discusses the chances and obstacles Indonesia face when introducing illicit enrichment as a crime alongside other crimes regulated in the Law on (the eradication of) corruption and law re.  Money laundering.  Apparently the primary aim to criminalize illicit enrichment through the national criminal law is to provide the state with a legal instrument to recover assets the result of corruption or money laundering.  Attention should be given, however, on a number of obstacles coming from the interpretation of presumption of innocence principle and exiting regulation on the obligation for government officials to report their assets.
PERBANDINGAN FRANCHISE OFFERING CIRCULAR MENURUT PRANATA HUKUM WARALABA DI INDONESIA DAN AUSTRALIA Isradjuningtias, Agri Chairunisa
Veritas et Justitia Vol. 6 No. 1 (2020): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v6i1.3885

Abstract

Using a comparative law method, this article compares how Indonesian and Australia law on franchise regulates specifically the matter of franchise offering circular.  Hopefully this comparison shall not only indicate similarities or differences in both countries approach but more than that reveals what can be learned from the Australian approach to franchise offering circular.
CRIMINAL VICTIMIZATION ON LARGE-SCALE INVESTMENT SCAM IN INDONESIA Setiawan, Peter Jeremiah; Ardison, Hansel
Veritas et Justitia Vol. 7 No. 1 (2021): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v7i1.3917

Abstract

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.
UPAYA PENCEGAHAN PEMUTUSAN HUBUNGAN KERJA PEKERJA DI SEKTOR FORMAL BERDASARKAN KEADAAN MEMAKSA PANDEMI COVID-19 Suprantio, Steven
Veritas et Justitia Vol. 7 No. 1 (2021): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v7i1.3921

Abstract

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.  
PERJALANAN REFORMA AGRARIA BAGIAN DARI AMANAH KONSTITUSI NEGARA Utomo, Setiyo
Veritas et Justitia Vol. 7 No. 1 (2021): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v7i1.3935

Abstract

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.
GANTI KERUGIAN TERHADAP ANAK KORBAN TINDAK PIDANA PENCABULAN Murtadho, Achmad
Veritas et Justitia Vol. 7 No. 1 (2021): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v7i1.3954

Abstract

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.
PEMENUHAN HAK ANAK DI INDONESIA MELALUI PERENCANAAN PENGASUHAN, PENGASUHAN TUNGGAL DAN PENGASUHAN BERSAMA Saraswati, Rika; Boputra, Emanuel; Kusniati, Yuni
Veritas et Justitia Vol. 7 No. 1 (2021): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v7i1.4066

Abstract

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.
INTERVENSI YUDISIAL DALAM ISU HUBUNGAN PUSAT–DAERAH: STUDI TERHADAP PRAKTIK MAHKAMAH KONSTITUSI Kurnia, Titon Slamet
Veritas et Justitia Vol. 7 No. 1 (2021): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v7i1.4081

Abstract

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.
URGENSI AUTOPSI FORENSIK DAN IMPLIKASINYA DALAM TINDAK PIDANA PEMBUNUHAN Samsudi, Samsudi; Ohoiwutun, Y.A. Triana; Ayudyana Suyudi, Godeliva; Widowati, Widowati
Veritas et Justitia Vol. 7 No. 2 (2021): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v7i2.4197

Abstract

The court does not always demand or require visum et repertum when examining homicide cases.  Forensic autopsy may not be required at all by the criminal court when deciding that the accused is guilty of homicide as charged. The verdict may be reached based on other evidence. The author, using a juridical normative approach, concludes that the absence or presence of a visum et repertum does influence the judge’ consideration and matters to the final verdict. Considering that, regardless of the surviving family’s consent, in cases of unnatural death, forensic autopsy and the making of a visum et repertum should be mandatory.

Page 36 of 42 | Total Record : 419

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