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articles must be original with sources used properly cited, may be written either in Bahasa Indonesia or English, unpublished elsewhere, and not under consideration for any other publication.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
419 Documents
<![CDATA[PENGATURAN PERLINDUNGAN DATA PRIBADI KONSUMEN JASA KEUANGAN DALAM PENGGUNAAN UANG ELEKTRONIK BERBASIS SERVER ]]>
<![CDATA[Permana, Sukarelawati]]>
<![CDATA[ Veritas et Justitia Vol. 8 No. 2 (2022): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v8i2.5213
<![CDATA[The digitalization of the economy in Indonesia in the Covid-19 pandemic situation has further encouraged banks and business actors to make innovations in order to reduce direct contact with consumers of financial services, one of which is the presence of server-based electronic money. Users who use these services are required to fill in their personal data first. With the provision of personal data belonging to consumers of financial services or users, the issuer of server-based electronic money has an obligation to protect users' personal data so that unauthorized dissemination or misuse of data does not occur. The widespread use of server-based electronic money in public activities makes provisions related to the protection of personal data important in order to protect users. However, it is necessary to examine whether the provisions on the protection of personal data of financial service consumers on server-based electronic money have met best practices. To answer these problems, research was conducted using normative juridical methods sourced from library materials. The results of the research obtained are the protection of personal data of consumers of financial services on server-based electronic money has been regulated in regulations that aim to protect users' personal data. The regulation has adopted the principles of personal data regulation as well as the General Data Protection Regulation (GDPR) and the existing laws and regulations in Indonesia. These regulations play a role in protecting the rights of users regarding their personal data such as the right to assimilate or withdraw the consent that has been given previously.]]>
<![CDATA[PENGARUH DEKRIT PRESIDEN TERHADAP DEMOKRATISASI DI INDONESIA ]]>
<![CDATA[Hermawan, Sapto]]>;
<![CDATA[Rizal, Muhammad]]>
<![CDATA[ Veritas et Justitia Vol. 8 No. 2 (2022): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v8i2.5268
<![CDATA[Presidential Decree (pronouncement) is made in respons to state emergency. The issue discussed here refers to the question who, when and how state emergency occurs justifying the issuance of such pronouncement. A different issue in Indonesia is the impact such pronouncement has on democracy, considering that the decree itself it made, arguably, to save democracy in the first place. This has been experienced by Indonesia when the President issued such decree in the past. In addition, using comparative method, the author looks at the use and experience of other countries and how such approach impact democracy.]]>
<![CDATA[PERLINDUNGAN KONSUMEN PANGAN REKAYASA GENETIKA: RASIONALITAS DAN PROSPEK ]]>
<![CDATA[Efendi, A'an]]>;
<![CDATA[Ochtorina Susanti, Dyah]]>;
<![CDATA[Kumala Sari, Nuzulia]]>
<![CDATA[ Veritas et Justitia Vol. 8 No. 2 (2022): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v8i2.5401
<![CDATA[As a general observation we can say that there exists imbalance of power between producers and consumers of genetically engineered food. This paper, using a doctrinal legal approach, examines three issues: 1) the rationality of protecting consumers of genetically engineered food, 2) the rights of consumers of genetically engineered food, and 3) the effectiveness of consumer protection for genetically engineered food. Arguably, the same situation exists between producers and consumers of genetically engineered food. Disparities and power imbalance relating to knowledge, capital – or simply power – determines the answer to those questions above.]]>
<![CDATA[RE-EVALUASI PENDIRIAN BANK DIGITAL DI INDONESIA: PARADIGMA, KONSEP DAN REGULASI ]]>
<![CDATA[Dewantara, Reka]]>;
<![CDATA[Sitorus, Hany Ayunda Mernisi]]>
<![CDATA[ Veritas et Justitia Vol. 8 No. 2 (2022): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v8i2.5433
<![CDATA[The Financial Services Authority, anticipating the movement towards digital (bank 5.0), issued Regulation no. 12/POJK.03/2021 concerning Commercial Banks. However, its coverage is limited. It covers only rules on how to establish and manage digital branches of existing banks. Not yet available are special arrangements for the establishment of digital commercial banks or neo-banks. This paper discusses the possibility of establishing digital banks in Indonesia. By perusing the prevailing laws and regulations, and re-evaluate what exist, the author reached the conclusion that the Bank Law should be changed to accommodate this new trend. The prevailing OJK regulation apparently does not suffice as the legal basis for the establishment and operation of digital system of the Bank-Ied model, the Telco-Ied Model or the Hybrid Model, or neo-bank. In addition, adequate arrangements are needed regarding online dispute resolution, and imposition of sanctions.]]>
<![CDATA[TIGA FASE NISBAH HUKUM GEREJA DENGAN HUKUM SIPIL ]]>
<![CDATA[Binawan, Andang]]>
<![CDATA[ Veritas et Justitia Vol. 8 No. 2 (2022): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v8i2.5498
<![CDATA[This paper discusses the changing relationship between canonic law and state (civil) law in history. In general, we can discern three stages: domination, confrontation-conflic and lastly harmony. The stages are marked by theories or principles describing or justifying the current situation. Pope Gelasius, for instance, forward the double sword principle. With the advent of nation-states and emerging scientific approach to reality, we enter the confrontation stage between Church Law and positive secular laws made by nations states. The third stage is marked by the 2nd Vatican Council, putting forward two important principles, i.e., salus animarum suprema lex and salus populi suprema lex, determining the relationship between Church law and secular laws.]]>
<![CDATA[AKIBAT HUKUM AKUISISI PERUSAHAAN TERHADAP LISENSI MEREK ]]>
<![CDATA[sudjana, sudjana]]>
<![CDATA[ Veritas et Justitia Vol. 8 No. 2 (2022): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v8i2.5523
<![CDATA[This study aims to obtain information regarding the legal consequences in the event of an Acquisition of ownership of rights to a Mark and to determine the legal protection of the Brand Licensee against cancellation by the Acquirer. The type of legal research used is normative using qualitative analysis techniques. The results of the study show that the company's acquisition does not have a legal effect on the transfer of ownership of the rights to the Mark because the meaning of the Acquisition contained in the Company Law is the Acquisition of Shares, so that the Acquired party remains the owner of the rights to the Mark. Whereas in Asset Acquisition if the Acquired company transfers the Assets including ownership of the rights to the Mark to the Acquirer, there will be a change in the parties in the Mark Licensing agreement, resulting in legal consequences for the fulfillment of achievements or royalty payments. In the event of the cancellation of the Mark License Agreement by the Acquirer, the Mark Licensee shall receive protection under the Law of the Agreement by filing a breach of contract according to Article 1243 of the Civil Code because Law of Mark and geographical indication only protects the Licensee against the deletion of the registered mark but the Licensee must agree in writing unless agreed otherwise.]]>
<![CDATA[THE INDIVIDUAL AND THE PROPERTY IN VIRTUAL WORLDS ]]>
<![CDATA[Koos, Stefan]]>
<![CDATA[ Veritas et Justitia Vol. 8 No. 2 (2022): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v8i2.5627
<![CDATA[Virtual reality and augmented reality have the potential to change the economy and society as much as the internet once did. In AR, virtual objects mix with real environments and objects. In virtual reality environments, people will move around using avatars and using virtual objects and individualise their virtual spaces with virtual artworks. However, the integration of humans into virtual and semi-virtual environments also leads to an intensification of problems connected with the relationship of the individual to technology and powerful platforms. The person integrated into virtual worlds will be under far closer observation and influence by platform operators than today's internet user. This must have consequences for the legal protection of personality. In addition, questions arise about the extension of personality rights to the virtual existence of the individual and to the question of the legal protection of objects used by the individual in his or her virtual environment. The article discusses some aspects from the perspective of the German law.]]>
<![CDATA[KETIDAKPASTIAN GLOBAL DAN TANGGAPAN PENDIDIKAN TINGGI HUKUM ]]>
<![CDATA[Shidarta, Shidarta]]>
<![CDATA[ Veritas et Justitia Vol. 8 No. 1 (2022): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v8i1.5674
<![CDATA[This article is a commentary to President Joko Widodo’s message in a speech given at the celebration of the UNPAR’s dies natalis in 2022, i.e. that manager of higher education institutions should adequately anticipate global uncertainty caused by the advance of industrial society 4.0 and the resulting technological disruptions. The comments given is made based on two different perspectives: legal scholars or academics n and practicing lawyers. In any case, those responsible for the management of higher education should respond to global uncertainty by developing skills to manage big data and other strategic steps. ]]>
<![CDATA[AKIBAT HUKUM DAN KEKABURAN NORMA DALAM PENGATURAN UNDANG-UNDANG TENTANG TANGGUNG JAWAB SOSIAL PERSEROAN TERBATAS ]]>
<![CDATA[Harjono, Dhaniswara K.]]>
<![CDATA[ Veritas et Justitia Vol. 8 No. 2 (2022): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v8i2.5742
<![CDATA[Limited Liability Companies in Indonesia, under the applicable law (Law 40/2007 and PP 47/2021), are under the obligation to realize its corporate social responsibility. The idea of CSR is to force the company to make it presence felt beneficially by the local community and wider society. Unfortunately, not all companies are willing and able to meet its corporate social responsibility, or even if they chose to do so, proportionality is disregard. This paper, using Rudolph von Jhering's point of view, explores and identifies what legal or non-legal factors hinders the implementation of CSR.]]>
<![CDATA[BRANCH PROFIT OF UPSTREAM OIL AND GAS BASED ON TAX TREATY AND PRODUCTION SHARING CONTRACT IN INDONESIA ]]>
<![CDATA[Tambunan, Maria R. U. D.]]>
<![CDATA[ Veritas et Justitia Vol. 10 No. 1 (2024): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v10i1.6538
<![CDATA[Tax treatment for a production sharing contract (PSC) is possibly different from general tax rules when calculating the amount of annual cost to be allocated by upstream oil and gas business to project their profit. On the other hand, the prevailing tax law applied in a particular country could either be made based on domestic tax law and a tax treaty depends on the tax subject. This article is intended to discuss tax arrangements sourced by a PSC during cost recovery regime and tax treaties in Indonesia. This study also discusses the cases brought before the Supreme Court due to the interplay of a PSC and a tax treaty during the years of 2015-2021. The research uses normative legal research with data collected through documentation studies. The contractors demanded a reduced tax rate on branch profit derived from a tax treaty as a general rule considering that they are the persons covered by the treaty. However, they must also respect production sharing as agreed in a PSC that existed before the conclusion of the tax treaty. For the future, it needs to adopt the stabilization clause to deal with the issue.]]>
