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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articles must be original with sources used properly cited, may be written either in Bahasa Indonesia or English, unpublished elsewhere, and not under consideration for any other publication.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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KAJIAN TERHADAP TUJUAN FILOSOFIS DAN REALITAS LEMBAGA NEGARA INDEPENDEN DI INDONESIA Fahrozi, Muhammad Helmi
Veritas et Justitia Vol. 10 No. 2 (2024): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v10i2.6937

Abstract

The establishment of independent state agencies in Indonesia represents efforts to reform and restructure the government in accordance with the mandates of constitutional amendments. These institutions are envisioned to embody the ideals of reform, with high expectations placed on their independence. However, in practice, independent state institutions often face challenges, including issues with performance and accountability, raising fundamental questions about their primary purpose and role within Indonesia's constitutional framework. This study seeks to examine the objectives behind the formation of independent state institutions, their implementation, and their contribution to the constitutional system in Indonesia. Using a normative juridical method with legislative and historical approaches, the research highlights the philosophical values underpinning these institutions. The findings emphasize that their primary purpose is to act as instruments for advancing democracy. However, this role must align with principles of accountability and transparency to the public. Without these principles, independent state institutions risk becoming dependent on other state powers, as observed in cases involving institutions like the Corruption Eradication Commission/KPK. Moreover, persistent challenges, such as legal product controversies involving the General Election Commission/KPU and Indonesian Financial Services Authority/OJK, underscore the need for improved governance and openness to fulfill their intended role effectively.
CONSTITUTIONAL ADMINISTRATIVE CONSTITUTIONALISM: PERBANDINGAN KARAKTERISTIK KEKUASAAN LEGISLASI PRESIDEN DI INDONESIA DENGAN AMERIKA SERIKAT Hadyan Iman Prasetya
Veritas et Justitia Vol. 10 No. 1 (2024): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v10i1.7220

Abstract

Recent studies conducted by American legal historians show that constitutional interpretation in the United States (U.S.) often arises from administrative agencies, a phenomenon called administrative constitutionalism. This supports the executive branch’s constitutional interpretation power, independent  from the court. Similarly, Indonesia’s Constitution grants the President legislative power. By comparing this with U.S. administrative constitutionalism, this article, written descriptively through normative approach, examines the Indonesian President’s legislative power, termed constitutional administrative constitutionalism. The findings highlight three characteristics: (1) the U.S. dichotomy between president and administration does not apply in Indonesia, (2) Indonesia’s checks and balances occur during the debates in legislation drafting phase, unlike the post-enactment review in the U.S., and (3) Indonesia’s system operates under judicial supremacy, unlike the contesting judicial supremacy-departmentalism-popular constitutionalism in the U.S.
INDONESIA'S FUTURE ACTING PRESIDENCY: MAINTAINING OR REPLACING THE NEW ORDER LEGACY Ramadhan, Febriansyah; Widagdo, Setyo; Widiarto, Aan Eko; Susmayanti, Riana
Veritas et Justitia Vol. 10 No. 1 (2024): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v10i1.7273

Abstract

The interim president anticipates the vacancy of the office of president and vice president; Indonesia calls it ‘pelaksana tugas kepresidenan’, which is filled by the minister of home affairs, foreign affairs, and minister of defense. This article explores the two actors (bureaucrats and legitimacy) who become interim presidents in the constitutions of the world's countries. Next, the Indonesian arrangement and accompanying problems in the 1945 Constitution will be reviewed. This article is aided by a doctrinal research method with historical, legislative, and comparative constitutional approaches. Indonesia has its peculiarities compared to the constitutions of world countries because it applies a compound position as interim President adopted from the New Order legal products (Tap MPR VII/1973) without going through a decontextualisation process, so it still applies the old features (bureaucratic actors) with compound/collegial executive positions in the new constitutional structure that seeks to purify the presidential system. In addition, there are conditions that the 1945 Constitution still cannot resolve and that cause paralysis of governance. This article offers one solution—which could alleviate two specific problems simultaneously—and that is to make the Speaker of the House of Representatives (DPR) the acting President of the future. 
PERAN BADAN USAHA MILIK DAERAH SEBAGAI INSTRUMEN INVESTASI PEMERINTAH DAERAH: STUDI KASUS DIVESTASI SAHAM NEWMONT Disyon, Huta; Riyandi, Marwan; Amalia, Garnita
Veritas et Justitia Vol. 10 No. 1 (2024): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v10i1.7284

Abstract

The investments made by Local Governments in Regional Owned Enterprises (ROEs) have not yielded satisfactory returns. One potential investment opportunity for Local Governments is participating in the divestment of foreign shareholders in mining companies. This study analyzes the role of ROEs in divesting mining company shares, including the legality of ROE establishment, the position of ROEs in mining company divestment, and their role as investment instruments for Local Governments, using PT Newmont Nusa Tenggara as a case study. Using a normative method and analyzing secondary data descriptively, the study finds that Local Governments must ensure the administrative process of establishing ROEs complies with applicable laws and regulations. ROEs can partner with investors to address funding difficulties in foreign divestment transactions. Additionally, the priority position of Local Governments in divesting foreign shares in mining companies should provide a strong bargaining position in negotiating the establishment of ROEs and subsidiaries used as vehicles in these transactions.
THE EUROPEAN UNION’S AVIATION SECURITY POLICY EVOLUTION AND ITS IMPLICATIONS TO INDONESIA Hartono, Stephanie Putri
Veritas et Justitia Vol. 10 No. 1 (2024): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v10i1.7417

Abstract

Advances in aviation transportation have increased threats to security, prompting the European Union (EU) to take decisive actions. This research examines the evolution of the EU’s aviation security laws and their implications for Indonesia. Using a normative legal research approach, the study finds that EU aviation security measures have been significantly influenced by external and internal factors. Key developments include the integration of aviation security post-9/11 with Regulation (EC) No. 2320/2002, its replacement by Regulation (EC) No. 300/2008, the near-ban on liquids after the 2006 Trans-Atlantis liquid bomb plot, the installation of security scanners following the 2009 underwear bomb plot, and the ACC3 system post-2010 Yemen incident that revoked Regulation (UE) No. 185/2010. Cyber threats are also a growing concern. This research is important as these EU measures impact Indonesia’s national aviation security standards.
IMPLEMENTASI DESAIN PRIVASI SEBAGAI PELINDUNGAN PRIVASI ATAS DATA BIOMETRIK Sembiring, Patricia Edina; Ramli, Ahmad M.; Rafianti, Laina
Veritas et Justitia Vol. 10 No. 1 (2024): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v10i1.7622

Abstract

Attention to biometric data security has become urgent for protecting user privacy. In the context of the Protection of Data Privacy (PDP) Law, biometric data are classified as specific data, requiring extra protection due to their unique, non-exchangeable characteristics. This study uses a normative approach, analyzing legislation and legal comparisons through regional and international regulations, to examine two issues: the position of biometric data as specific data under the Electronic Information and Transactions Law and PDP Law, and the technical solutions through privacy by design to protect biometric data. The research findings are: (1) Biometric data are correlated with privacy and personal rights, classifying them as specific data. Their use for public and private interests raises the potential for privacy violations. (2) Technical solutions through privacy by design can begin with implementing consent at the registration stage by personal data controllers, ensuring the processing of biometric data achieves specific purposes.
MISKLASIFIKASI HUBUNGAN KERJA PENGEMUDI OJEK ONLINE (PLATFORM WORKER) DI INDONESIA Oey, Williams
Veritas et Justitia Vol. 10 No. 1 (2024): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v10i1.7722

Abstract

Technological developments through digital platforms have created a new work ecosystem, allowing platform workers, such as online motorcycle drivers in Indonesia, to affiliate with various companies to provide transportation services. However, despite these advances, online riders have not received adequate rights protection as ‘workers’ because their status is limited to ‘partners’ (independent contractors) under the Partnership Agreement they sign. This article uses a normative approach to examine how legal developments in Indonesia can classify and protect online riders as workers under employment laws. A comparative approach is employed, referencing policies in Europe, particularly Spain and the European Union, which have been more progressive in interpreting employment relationships for platform workers. The research finds that legal reforms in Indonesia still inadequately protect online riders’ labor rights due to narrow interpretations of employment relationships that fail to keep pace with current developments.
PRESIDEN DAN PEMBERHENTIAN HAKIM KONSTITUSI: PEMISAHAN KEKUASAAN TANPA CHECKS AND BALANCES Kurnia, Titon Slamet
Veritas et Justitia Vol. 10 No. 1 (2024): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v10i1.7735

Abstract

On September 29, 2022, the People’s Representative Council (DPR) controversially removed Justice Aswanto and proposed Guntur Hamzah as his successor. Following the DPR’s decision, the President issued Presidential Decision Number 114/P of 2022. This process aligns with Article 24C paragraph (3) of the 1945 Constitution of the Republic of Indonesia, which states: “The Constitutional Court is comprised of nine Justices who are appointed by the President, of whom three are proposed by the Supreme Court, three by the People’s Representative Council, and three by the President.” This provision includes two clauses: the proposal clause and the appointment clause. This article discusses the President's role in implementing the appointment clause in the case of Justice Aswanto’s removal. Using a conceptual approach, it focuses on interpreting Article 24C paragraph (3) to understand that the President's role in the appointment clause embodies the principle of checks and balances. This article argues against the President’s legalistic position of implementing the appointment clause without scrutinizing the DPR’s decision. While the appointment clause does not explicitly authorize the President to refuse issuing the Presidential Decision, this norm may be inferred from our commitment to the supremacy of the constitution.
PELANGGARAN KODE ETIK OLEH HAKIM MAHKAMAH KONSTITUSI SEBAGAI PERBUATAN MELAWAN HUKUM BERUPA NEPOTISME Alfret
Veritas et Justitia Vol. 10 No. 2 (2024): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v10i2.7759

Abstract

A code of ethics is a set of written regulations binding members of certain professions, including state officials and judges. For ethical violations by the Constitutional Court judges in Indonesia, an ethics tribunal known as the Honorary Council of the Constitutional Court (MKMK) is authorized to determine whether a breach of the code of ethics has occurred. This study examines whether ethical violations committed by judges as state officials, as determined by the MKMK, can also be prosecuted as unlawful acts, specifically nepotism. Using a normative juridical research method, this study analyzes positive law regarding nepotism as outlined in Law Number 28 of 1999 concerning State Organizer Who is Clean and Free from Corruption, Collusion, and Nepotism, and employs a case study approach, focusing on ethical violations by the Chief Justice of the Constitutional Court, Anwar Usman, as documented in MKMK Decision Number 02/MKMK/L/11/2023. The findings reveal that ethical violations by state officials, such as Constitutional Court judges, may be classified as unlawful acts, including nepotism, provided the ethical violation is substantiated by a formal decision from the ethics tribunal confirming the breach.
PERMASALAHAN HUKUM PADA KEGIATAN KOPERASI SIMPAN PINJAM DI INDONESIA Razaga, Azka Farrell; Antoni, Veri
Veritas et Justitia Vol. 10 No. 1 (2024): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v10i1.7801

Abstract

Cooperatives, as key economic actors alongside State/Regional Owned Enterprises and the private sector, have recently come under scrutiny, particularly Savings and Loans Cooperatives (KSPs). Many KSPs have experienced payment failures, leading to legal issues. The widespread defaults in KSPs stem from regulatory gaps; while they engage in activities similar to banks, they are not fully regulated as such. One significant issue is the ineffective supervision of KSPs, many of which receive funds from external investors who are not members. Law on Financial Sector Development and Strengthening has acknowledged the existence of cooperatives that serve non-members (open loop). The Minister of Cooperatives Regulation 8/2003 has addressed past issues and incorporated best practices for banking activities, such as capping deposit and loan interest rates, setting maximum lending limits, business restructuring, and enforcing supervision and reporting standards. However, these regulations do not include provisions for a deposit guarantee institution for cooperatives, which is essential for mitigating the adverse effects of defaults on customers and cooperative members.

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