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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articles must be original with sources used properly cited, may be written either in Bahasa Indonesia or English, unpublished elsewhere, and not under consideration for any other publication.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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OMNIBUS LAW: DOMINASI KEKUASAAN EKSEKUTIF DALAM PEMBENTUKAN LEGISLASI Suntoro, Agus; Nureda, Kania Rahma
Veritas et Justitia Vol. 8 No. 1 (2022): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v8i1.4340

Abstract

President Joko Widodo on November 2, 2020 signed Law No. 11 of 2020 concerning Job Creation, which is known to the public as the omnibus law. The omnibus law is a simplification mechanism for 79 (seventy nine) laws aimed at encouraging investment and job creation. Various aspirations and objections from the public, in terms of substance and formality were not taken seriously by the government and parliament, instead there were arrests, detentions and suggested a judicial review at the Constitutional Court. The presence of the omnibus law will increase regulatory obesity because it imposes a delegation of 450 (four hundred and fifty) arrangements and further emphasizes the dominance of executive power. The research method used is qualitative with descriptive presentation. Primary legal materials are collected through inquiries from members of parliament and academics/experts, while secondary legal materials are based on reports, journals, books and regulations. This research concludes that: (a) the acceleration of the discussion of the Job Creation Law is influenced by the power of the President as the leader of the coalition whose membership reaches 74% in parliament; (b) the formation process is still problematic in the formal aspect, especially with the lack of public participation and transparency, but the omnibus law has become a new tradition in the formation of the state administration system; and (c) the Job Creation Law becomes an indicator of the domination and integralism of executive power and a reduction in legislative authority in drafting laws.
PROGRAM ARTEMIS: TANTANGAN HUKUM RUANG ANGKASA DI ERA BARU Nugraha, Taufik Rachmat
Veritas et Justitia Vol. 8 No. 1 (2022): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v8i1.4388

Abstract

Artemis program has mainly focused on space exploration and exploitation of the Moon and other celestial bodies. United States government as initiator is inviting government and non-government entities to involved in the Artemis program through Artemis Accords. Furthermore, this program will challenge Corpus Juris Spatialis as existing law. It could not properly answer the future problems because this law has begun obsolete after 50 years since it was composed. However, Corpus Juris Spatialis was too geocentric, using Earth as the primary benchmark of space activities. Because of that, it has lacunæ on mineral exploitation, space environment, and properties issues. Based on those facts, there must be a new regulation along with planetary sustainability approach and with space-centric character on which covered all future questions comprehensively. Furthermore, this article will examine the Artemis program using a comparative method between the U.S. and Luxembourg national legislation with Corpus Juris Spatialis as existing international space law. The author will propose a space-centric concept as a new approach to preserve outer space as the common heritage of mankind and reducing space environmental damage from such activities.
HIPOKRISI PARLEMEN DALAM FORMULASI TINDAK PIDANA POLITIK UANG PADA PEMILIHAN KEPALA DAERAH Fathurokhman, Ferry
Veritas et Justitia Vol. 8 No. 1 (2022): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v8i1.4408

Abstract

This research reveals a hypothesis that there is vested interest on regulating law in the house of representative regarding Law No. 1/2015 article 73 in term of money politics which is conducted by regional head candidate and analyze legal efforts that can be done to cope such issue. Although the law has been revised for three times, lastly by Law No.6/2020, yet regulation record that the house of representative persists ‘to protect’ its interest on regional head election is traceable. This research shows an understanding to society and stakeholders especially in the field of general election regarding lawmaking which deviates from penal policy theory. This research focuses on how legislation design on formulating Article 73 of Law No.1/2015 so it becomes non-exectubale norm? Theory of Postmodern Criminology is utilized to divulge political agenda of Article 73 of Law No.1/2015. This research is a research regarding a norm which relies heavily on secondary data. The result of the research proves that there is a consistent effort from the parliament  ‘to secure’ legislation process so article 73 cannot be implemented. Parliament intentionally and systematically has made article 73, particularly that related to money politic which may lead to disqualification, hard to be enforced.
PERAN AHLI JIWA DALAM PEMBUKTIAN TINDAK PIDANA KEKERASAN PSIKIS DALAM RUMAH TANGGA Ohoiwutun, Y A Triana; Nugroho, Fiska Maulidian; Samsudi, Samsudi; Dewanto, Ari
Veritas et Justitia Vol. 8 No. 1 (2022): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v8i1.4443

Abstract

Domestic psychic violence can be experienced by everyone, including children, wives, husbands, and others. As a material offense on domestic psychic violence, the elements resulting from psychological trauma must be proven. Therefore, the intervention of forensic psychologists and forensic psychiatrists is very important in cases of domestic psychic violence. The differences in the competence of psychologists and psychiatrists as well as the prospective roles of both professions in proving cases are the focus of the problems being studied. A normative legal research method with descriptive qualitative data analysis was employed in this research. The results showed that the existence of forensic psychologists and forensic psychiatrists is very important for finding material truths that can be scientifically tested in cases of domestic psychic violence. As evidence for letters and/or expert reports, the assessment results of forensic psychologists and forensic psychiatrists have accurate evidentiary value in forming a judge's conviction. This paper ends with a recommendation that as a form of protection for domestic violence victims, the role of psychologists and/or psychiatrists should be optimized, both in the pre-adjudication, and adjudication phases. In addition, considering the balanced position between psychologists and psychiatrists in law enforcement, this should not create jealousy and unhealthy competition between the two professions.
URGENSI PENGATURAN HUKUM CENTRAL BANK DIGITAL CURRENCY DALAM DIMENSI ANTI PENCUCIAN UANG Lisanawati, Go; Aristo, Erly
Veritas et Justitia Vol. 8 No. 1 (2022): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v8i1.4520

Abstract

The issue of digitalized forms of payment systems has required adjustment from a State to accomodate and respond. One of the issues is concerning the use of virtual currencies, and Central Bank Digital Currency. It requires the accomodative and responsive of the law instruments in Indonesia to arrange that issue. The payment systems’ policy in Indonesia has not placed any issues of crypto/digital currency as one of the payment methods. Central Bank Digital Currency is a the digital form of fiat money. Through the Bank Indonesia Regulation Number 18/40/PBI/2016 concerning Operation of Payments Transaction Processing, and Bank Indonesia Regulation Number 19/12/PBI/2017 concerning the Implementation of Financial Technology, it can be understood that Indonesia remain bans the use of any virtual currency as payment instruments. Central Bank Digital Currency has different form of virtual currencies which are not issued by the state, but it is remain called as virtual currencies. In fact, the use of virtual currencies has been exploited by money launderer to do laundering. Virtual currencies has no underlying asset or responsible authority or administrator, volatile, risky, and speculative. This article is a normative legal research method that will analyzed the direction in which Indonesian Law can headed Central Bank Digital Currency while the option has become more less for not response it.  The result of this research has showed that it is urgently need for Bank Indonesia (as a central bank in Indonesia) to recognise Central Bank Digital Currency as payment’s instrument.
URGENSI HUKUM WARIS NASIONAL SETELAH BERLAKUNYA UNDANG-UNDANG NO.23 TAHUN 2006 TENTANG ADMINISTRASI KEPENDUDUKAN Limurti, Dewi Fortuna
Veritas et Justitia Vol. 8 No. 1 (2022): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v8i1.4644

Abstract

Inheritance Law is the only area of law that still applies different laws for Indonesian citizens with varying groups as regulated in Articles 131 and 163 of the Indische Staats regeling. With the enactment of Law Number 23 Year 2006 concerning Population Administration (UU Adminduk), in Article 106 all  Staatsblads regulating the classification of residents in the Birth Certificate are revoked, so that since such Law came into effect, there were no more instructions in the Birth Certificate regarding the classification of an Indonesian citizen. This has had a significant impact on the enforcement of the Inheritance Law, which is still enforce based on the classification of the resident groups. This paper uses a normative juridical approach, so that the urgency of the formation of the National Inheritance Law will be seen from the point of view of legislation, jurisprudence, doctrine and legal literature. Apart from the goal as an independent nation to have a national law, it is also necessary to understand that inheritance law must be formed in accordance with the pluralistic conditions of the Indonesian nation. Raising awareness of the importance of establishing a National Inheritance Law is the aim of this paper, especially as an appreciation of the abolition of population classification by UU Adminduk, and the need for a national law that is in accordance with the spirit of the Indonesian nation, i.e Pancasila.
DAMPAK ASAS IMUNITAS TERHADAP PENYELESAIAN PERSELISIHAN HUBUNGAN KERJA ANTARA PEGAWAI SETEMPAT (LOCAL STAFF) DENGAN PERWAKILAN NEGARA ASING Susanti, Ida
Veritas et Justitia Vol. 8 No. 1 (2022): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v8i1.4668

Abstract

The employment agreement between local staff and Representatives of Foreign Countries (RFC) is very problematic, because many people believe that a RFC has the immunity to be sued before the court where the RFC is located. Applicability of this immunity to employment agreement’s disputes between the local staff and the RFC is debatable. This paper will examine restrictions on the application of the principle of immunity in employment agreements, and how these exemptions impact legal protection for local staff. Therefore, using the normative/doctrinal approach, this paper will discuss the meaning of the immunity principle and its application in the employment relationship between RFC and local staff; the jurisdiction of the local court to resolve disputes between local staff and the RFC; and the impact of the limitation of the principle of immunity to the legal protection that will be provided to local staff with RFCs. Those will be seen both in regulations, court decision and opinio-doctorum. Finally, this paper will recommend parameters for determining the criteria to limit the application of the immunity principle in the employment agreement.
PAJAK PENGHASILAN BAGI OVER-THE-TOP DI INDONESIA: SEBUAH PELUANG DAN TANTANGAN Cahyadini, Amelia; Muttaqin, Zainal; Dewi, Sinta; Sugiharti, Dewi Kania
Veritas et Justitia Vol. 8 No. 1 (2022): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v8i1.4735

Abstract

Over-the-Top (OTT) is a form of information technology innovation that is growing very rapidly, including in Indonesia as one of the largest OTT market country. OTT can earn income from users in Indonesia, while the right to tax this income cannot be imposed in Indonesia because OTT generally operates across national borders and does not have a permanent establishment in Indonesia. Therefore, it is necessary to consider income tax arrangements for OTT operating in Indonesia to provide legal certainty. This paper focuses on discussing the positive legal provisions of Income Tax that apply to OTT operating in Indonesia and the implementation of each of these regulations in the current era of economic digitalization. The author uses a normative juridical research method with a qualitative research approach. Based on this research, it is known that the provision of Income Tax for OTT does not yet exist, therefore the Government of Indonesia needs to design a national tax law that is able to accommodate income tax for OTT.
KRITERIA KRIMINALISASI: ANALISIS PEMIKIRAN MOELJATNO, SUDARTO, THEO DE ROOS, DAN IRIS HAENEN Valerian, Dion
Veritas et Justitia Vol. 8 No. 2 (2022): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v8i2.4923

Abstract

In criminal law, “criminalization” is defined as a process of determining certain conduct as a criminal offense through legislation. This doctrinal legal research article describes and analyzes the criteria for criminalization as promulgated by Moeljatno, Sudarto, Theo de Roos, and Iris Haenen. Moeljatno’s criteria are: 1) the conduct is harmful to the public, 2) criminalization is the primary means to deter the harmful conduct, and 3) the government’s ability to effectively enforce the criminal provision. Sudarto promulgates three criteria: 1) harmfulness of the conduct, 2) cost and benefit analysis, and 3) law enforcement burden. Furthermore, Theo de Roos’ six criteria are: 1) feasibility and motivation of harm, 2) tolerance, 3) subsidiarity, 4) proportionality, 5) legality, and 6) practical applicability and effectiveness. Lastly, based on de Roos’ typology Iris Haenen formulates three criteria: 1) primary criteria, which contains “threshold principles”: the conduct must be a) harmful and b) wrongful, 2) secondary criteria, which contains “moderating principles”: proportionality, subsidiarity, and effectiveness, and 3) legality criterion (lex certa). The criteria for criminalization can be employed by the legislators and general public in scrutinizing the feasibility of criminalization of a conduct, to ensure that only the conducts which meet all the criteria that can be criminalized. Only by doing so will the practice of criminalization adhere to the ultimum remedium principle and deter unnecessary criminalization and overcriminalization.
COLLATERAL DAMAGE: PERLINDUNGAN LINGKUNGAN PADA SAAT KONFLIK BERSENJATA DALAM PERSPEKTIF DEEP ECOLOGY Kharismawan, Gede Khrisna; I Made Budi Arsika
Veritas et Justitia Vol. 8 No. 2 (2022): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v8i2.5171

Abstract

International humanitarian law that applies in armed conflict tends to prioritize human interests. The emergence of deep ecology manifests as a critique of the anthropocentrism of war which harms the natural environment. This development implies the need for environmental protection and emphasizes responsibility for environmental damage resulting from armed conflict. This article discusses international legal frameworks that offer protection to the environment in times of armed conflict and presents an analysis of legal protection from a deep ecology perspective. This paper is a normative legal research that applies statutory, case, and conceptual approaches. The study's results suggested that several international treaties have adopted international customs in regulating the protection of the environment during armed conflict and forms of responsibility in case a violation occurs. However, those international legal instruments have yet to be optimal in protecting the environment regarding damage standards, coverage of environmental conditions, and the implementation of responsibility for violations.

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