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INDONESIA
Veritas et Justitia
Published by Universitas Katolik Parahyangan
ISSN : -     EISSN : -     DOI : -
Core Subject : Education,
Education
Arjuna Subject : -
Articles 299 Documents
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MEMBACA ULANG PEMAKNAAN KEADILAN SOSIAL DALAM GAGASAN REVOLUSI HUKUM SOEDIMAN KARTOHADIPRODJO Shidarta, Shidarta
Veritas et Justitia Vol 1, No 1 (2015)
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.1415

Abstract

AbstractSoediman Kartohadiprodjo was one of few Indonesian legal scholars taking interest in Pancasila, the state ideology  promulgated by Soekarno. Soediman believe that social justice, the core concept of Pancasila corresponds with the “kekeluargaan” principle as found in the constitution.  However, he used the the term welfare or happines rather than social justice since the latter, according to him, tends to adopt liberalist and individualist principles, which according to him contradicts with Pancasila.  He also endorsed the idea of “legal revolution”as a mean to increase the Indonesian populace’ awareness about recent legal development post independence. This article discusses and critizes Soediman’s idea on social justice and legal revolution. Keywords: Pancasila, social justice, welfare state, law revolution.
AUTENTISITAS SUMBER SEJARAH PANCASILA DALAM MASA SIDANG PERTAMA BADAN UNTUK MENYELIDIKI USAHA-USAHA PERSIAPAN KEMERDEKAAN TANGGAL 29 MEI-1 JUNI 1945 Hardinanto, Aris
Veritas et Justitia Vol 3, No 1 (2017): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.2524

Abstract

This article seeks to compares different ideas concerning Indonesian statehood as put forth by our founding father in sessions of the Dokuritsu Zyunbi Tyosa Kai (Investigating Body for Preparing Indonesias Independence). The author notes that there is doubt as of the authenticity of documents recording the debates and the speeches made during meetings held by this body (28 may-1 June 1945 & 10 July-17 July 1945).  On one side, there is the preparatory documents of the 1945 Constitution as issued by Muhammad Yamin and which is regarded by the State Secretariat as the one and only authentic source (from 1959-1992).  On the other hand, notes collected by Pringgodigdo and Yamin was latter used as the basis for the publication of the Body’s minutes of meetings in 1995.  The author observes that both collections (Yamin and Pringodidgo) differs in its exposure of ideas on the Indonesian statehood put forth during the Body’s meetings.
PERATURAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2015 TENTANG TATA CARA PENYELESAIAN GUGATAN SEDERHANA SEBAGAI INSTRUMEN PERWUJUDAN ASAS PERADILAN SEDERHANA, CEPAT DAN BIAYA RINGAN Riskawati, Shanti
Veritas et Justitia Vol 4, No 1 (2018): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.2917

Abstract

There is a need to conduct business transactions rapidly and in a quick perfunctory manner.  At the same time arose also the need to develop and implement a quick, simple and cost efficient business dispute settlement procedure.  In response to this need, the Indonesian Supreme Court issued regulation no. 2 of 2015 re. procedure for filing simple civil claims. The legal issue to be discussed here, using a juridical normative or dogmatic approach, is whether this regulation succeed in fulfilling its promise to provide for a quick, simple and cost efficient civil claim examination procedure? The answer to this question is sought, in addition to the method mentioned above, by comparing the procedure provided by the Supreme Court regulation with the existing model of civil claim court examination procedure.  By virtue of this comparison the strength and weakness of the Supreme Court dispute settlement model can be analyzed.
Prinsip Moral Sebagai Klaim Pada Hak Cipta Dan Hak Untuk Dilupakan (Right To Be Forgotten) Pratama, Bambang
Veritas et Justitia Vol 2, No 2 (2016)
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.2270

Abstract

AbstractIn this current digital era, the issue how to protect private-personal electronic or digital data creates the need for the recognition of a new legal right (right to be forgotten/right to delete). Legal recognition of this right must be balanced with the duty of internet service provider to control and monitor the dispersion of negative content (resulting in copyright infringements, infringements of the sanctity of personal-private data, etc.).  With the amendment of Law No. 11 of 2008 re. Electronic Information and Transactions, it becomes appropriate to discuss the right to be forgotten in terms of moral principles. The existence of this moral right is reflected in the legal protection of copyright as well as protection of private-personal data.  The main argument here is that moral principle or right as part of natural law should be used to explain the existence and importance of the right to be forgotten.
KONSEPSI HAK MASYARAKAT HUKUM ADAT SEBAGAI HAK ASASI MANUSIA DALAM PERATURAN PERUNDANG-UNDANGAN DI INDONESIA Zein, Yahya Ahmad; Nurvianti, Dewi
Veritas et Justitia Vol 3, No 2 (2017): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.2689

Abstract

This article discusses the "conception of adat law community rights as a human right. The purpose of writing this article is to know the conception of customary law community as a human right, with limited review of legislation relating to the topic.This article is important to publish, considering many issues that arise related to the rights of adat law community. Starting from the use of the term to the fulfillment of the rights of adat law community. As known that until now there has been no legislation that specifically regulates the rights of adat law community. In the highest regulation under Article 18 B paragraph 2 and Article 28 I paragraph 3 of the 1945 Constitution, the rights of adat law community are further regulated in several laws and regulations, so that it will be difficult to identify what rights should be met by countries for the fulfillment of the rights of adat law community.This article discusses some statutory legislation in Indonesia which is the foundation for accommodating customary law community rights which are human rights where the fulfillment must be done by the state.
ANALISIS HUKUM PENERAPAN ANTI PENCUCIAN UANG TERHADAP KEBIJAKAN RAHASIA BANK Vediani, Ilmi
Veritas et Justitia Vol 2, No 1 (2016)
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.2071

Abstract

This article discusses money laundering and the implementation of Customer Due Diligence (CDD) which is to be understood as part of the effort to eradicate this particular crime. Money laundering is not an autonomous crime but is always related or stems from an original crime (predicate crime). This crime is committed habitually using financial institution or banks as its instrument.  One factor making this possible is the obligation of bank to guard and maintain customer’s trust by virtue of bank’s secrecy. Nonetheless, this bank secrecy can be waived. By virtue of CDD, banks are under the obligation to implement a process of customer identification, including verification- monitoring of customers financial transaction or activities. In the case, they detect suspicious financial transactions the banks are under the obligation to report their findings to the Indonesian Financial Transaction Reports and Analysis Centre (INTRAC) and/or law enforcement officers Keywords: money laundering, bank, customer due diligence, anti-money laundering program and bank secrecy
FORCE MAJEURE (OVERMACHT) DALAM HUKUM KONTRAK (PERJANJIAN) INDONESIA Isradjuningtias, Agri Chairunisa
Veritas et Justitia Vol 1, No 1 (2015)
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.1420

Abstract

AbstractPrivate law  in civil law system is generally contains two major sections: contract law and commercial law. In contract law, parties imposed upon themselves certain obligations. Notwithstanding that, parties may at some point lose their ability to meet their obligations due to overmacht/force majeure. This article examine the legal status force majeure in Indonesia contract law. Force Majeure is intended to protect one party from damage arising from non- performance. The existence of which require the fulfillment of one or two conditions, subjective and objective. The Force Majeure clause is regulated in the Civil Law Code and encompasses situations such as fire, flood, earthquake, strom, typhoon (or other natural disaster), loss of electricity, catalisator damage, sabotage, war, invasion, civil war, rebellion, revolution, military coup, terrorist activities, blockade, embargo, labour dispute, strike, and goverment sanctions.
BEBERAPA MASALAH DALAM PENGIMPLEMENTASIAN KEWAJIBAN NEGARA INDONESIA DI BAWAH PERJANJIAN INTERNASIONAL KE DALAM HUKUM NASIONAL INDONESIA Parthiana, I Wayan
Veritas et Justitia Vol 3, No 1 (2017): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.2529

Abstract

Indonesia had been involved in the making of quite a number of international treaties and had also ratified a certain number of treaties. The State’s international obligations and rights stipulated by those treaties at a certain point must be implemented by and through the national legal system. Two issues identified are how to situate or place international treaties within the hierarchal order of the Indonesian legislation and, secondly, how those international rights and obligations (as found in treaties) should be harmonized (and incorporated) into the national legal system. The author shall present a general overview of those issues and offer some recommendations for change.
Tinjauan Atas Kesiapan Kementerian Pekerjaan Umum Dan Perumahan Rakyat Terkait Keikutsertaan Indonesia Dalam Government Procurement Agreement (GPA) Hestuleksono, Aryo
Veritas et Justitia Vol 2, No 2 (2016)
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.2275

Abstract

AbstarctBasically ratification of the GPA for Indonesia is the opening of the Indonesian market (market access) to the entrepreneur/companies from other countries, which means allowing entrepreneur/foreign companies to participate in the process of procurement of goods and services (PBJ) government in Indonesia. Similarly, the reverse with Indonesian companies. The existence of market acess makes the relation between national with international law. This is a reason of  authors are interested to know further the relationship conformity with international law related to the readiness of the national Ministry of Public Works and Public Housing (PUPR) when Indonesia ratified the GPA views of the setting methods for selecting/ auction in the construction sector in national legislation. The method used is a normative juridical research and the purpose of research to give recommendation to the Ministry PUPR particularly regarding setting methods for selecting the procurement of construction services when Indonesia ratified the GPA. If viewed from the side PBJ arrangements in the Government in the field of construction, especially regarding the purpose, principles and method of election of, the results showed that Ministry PUPR not ready when Indonesia ratified the GPA, because there is a difference between setting purpose PBJ contained in Perpres No. 54/2010 and its amendments as well as Permen PU No 07/2010 and amendments that more give protection to national companies, while GPA has the open principle. In addition there are differences about the method of selecting good views of the types/forms (nomenclature) and its meaning. So that when Indonesia will ratify the GPA, the Government and the Ministry PUPR in particular need to make adjustments to the "purpose" of regulation PBJ as contained in the Perpres/Permen PU with "purpose" contained in the GPA. Similarly, adjustments to the forms (nomenclature) and the meaning of the audition method.
IMPLIKASI PERLINDUNGAN INDIKASI GEOGRAFIS BERDASARKAN UNDANG-UNDANG NOMOR 20 TAHUN 2016 TERHADAP PENGEMBANGAN EKONOMI LOKAL Sudjana, Sudjana
Veritas et Justitia Vol 4, No 1 (2018): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.2915

Abstract

This study discusses, on the basis of analysis of Law No. 20 of 2016, the potential impact of Geographical Indication protection to local economy. By tracing other relevant laws and regulations, using in depth analysis of existing literature and other relevant qualitative data on the subject matter, the author argues that: (1) Law No. 20 of 2016 compared to the Law it replaces it more sufficient to provide protection and legal certainty to Geographical Indication beneficiaries; (2) Quite a number of potential Geographical Indications exist in Indonesia which deserve protection, especially in relation to its potential to support local economic development.

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