cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Dyan Franciska Dumaris Sitanggang
Contact Email
dyanfranciska@unpar.ac.id
Phone
+62222033097
Journal Mail Official
vejustitia@unpar.ac.id
Editorial Address
Faculty of Law, Faculty of Law, Parahyangan Catholic University/Universitas Katolik Parahyangan Jl. Ciumbuleuit No. 94 Bandung 410141, Indonesia
Location
Kota bandung,
Jawa barat
INDONESIA
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articles must be original with sources used properly cited, may be written either in Bahasa Indonesia or English, unpublished elsewhere, and not under consideration for any other publication.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
 38   39   40   41   42 
KELEMBAGAAN DAN KEWENANGAN PENGADILAN NIAGA TENTANG UPAYA HUKUM KEBERATAN TERHADAP PUTUSAN KOMISI PENGAWAS PERSAINGAN USAHA Iriawan, Asep Iwan
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.v10i1.7856

Abstract

Article 24A (5) of the 1945 Constitution regulates the composition, position, membership, and procedural law of the Supreme Court and subordinate judicial bodies. Initially limited to bankruptcy, postponement of debt payment obligations (PKPU), and commercial matters by Law Number 37 of 2004, the jurisdiction of the Commercial Court has expanded through other laws. This expansion raises two key issues: (1) The need for legal remedies for objections to decisions of the Competition Supervisory Commission (KPPU), and (2) The competence of the Commercial Court to address these objections. This research uses a normative juridical method, suggesting that legal remedies for objections to KPPU decisions should be regulated in a separate law, addressing decisions from institutions beyond the judiciary’s jurisdiction. The procedural aspects for contesting KPPU decisions, outlined in Article 45 of the Omnibus Law Number 6 of 2023, should first be determined within the competence of the Commercial Court as regulated by law. The current institutional arrangements and authority of the Commercial Court, as outlined in the Bankruptcy and PKPU Laws and laws on Intellectual Property Rights, should be revised through a dedicated Law on Commercial Courts. This law should define the court's structure, powers, procedural rules, and set time limits and sanctions for case resolution at both the Commercial Court and the Supreme Court.
GOOD FAITH AS LEGAL BENCHMARK FOR THE ALLOCATION OF LOSSES BY MUTUAL COMPANY Widodo, Danu Kristian Ira
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.v10i2.8161

Abstract

Allocation of losses is a special scheme that can only be applied to mutual companies, legal entities that position policyholders as both insured parties and owners. The problem with the allocation of losses arises because, in its determination, policyholders are required to fulfill mutual obligations in the fiduciary realm as owners. On the other hand, the allocation of losses has implications for reducing the policyholder’s right to receive claims as agreed. This paper is a legal research study employing a statutory approach and a conceptual approach. The results of this study indicate that, for the allocation of losses to have legitimacy, it must align with fiduciary principles and be fair based on the terms of insurance agreements. The legal findings suggest that the principle of utmost good faith should be expanded in mutual companies to serve as an instrument of checks and balances by policyholders over management and aspects related to the fulfillment of agreements.
IMPLEMENTATION OF THE MONTREAL CONVENTION IN INDONESIA’S AND AUSTRALIA’S AIR TRANSPORT LAWS ON CARRIER’S LIABILITY Sabrie, Hilda Yunita
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.v10i2.8418

Abstract

The Montreal Convention of 1999 establishes the legal responsibilities of carriers on international flights and has been ratified by numerous countries, including Indonesia and Australia. However, unlike Australia, Indonesia has yet to update its laws and regulations to align with the Convention’s provisions on carrier liability. This legislative gap may result in significant losses for air transportation service users who experience damages from aircraft accidents. This research examines the extent to which the liability provisions of the Montreal Convention have been incorporated into the national legal frameworks of Indonesia and Australia. The analysis employs three methodological approaches: statutory analysis, conceptual examination, and comparative study. The findings highlight the need for Indonesia to amend its regulations on carriers’ limited liability to comply with the standards set by the Montreal Convention, considering Australia’s best practices in its legal framework.
PENDEKATAN FAVOR DEFENSIONIS DALAM MEREALISASIKAN HAK TERDAKWA UNTUK MENGHADIRKAN SAKSI ATAU AHLI Susilo, Erwin; Rafi, Muhammad
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.v10i2.8479

Abstract

According to Article 66 of the Indonesian Criminal Procedure Code, public prosecutors are authorized to summon witnesses or experts to strengthen their case against a defendant. In contrast, the defendant is under no obligation to do the same but retains the right to present witnesses or experts in their defense (Article 65). However, challenges arise when defendants must summon witnesses without the backing of pro justitia status, complicating the legitimacy of such summonses. Employing a normative legal approach, it analyzes relevant laws, doctrines, norms, and practices to address the legal inadequacies surrounding the defendant’s right to present exculpatory witnesses or experts, utilizing the Favor Defensionis (FD) doctrine to address these challenges. Key findings include the following: 1) witnesses and experts play a vital role in ensuring verdicts are based on substantive truth, thereby affirming the defendant’s right to present a defense in line with equality of arms and due process principle; 2) ambiguities regarding the pro justitia legitimacy of defendants’ summonses create hesitation among witnesses or experts, impacting their willingness to appear in court; and 3) the FD doctrine supports legal interpretations that favor the defendant to maintain judicial balance. Under this doctrine, public prosecutors should summon witnesses or experts at the request of the defendant or the judge, with judges authorized to order such actions. This approach enables judges’ active judicial participation while preserving defendant’s right to independently call witnesses or experts to support their defense.
KEBIJAKAN FORMULATIF TINDAK PIDANA DI BIDANG PERLINDUNGAN MANGROVE BERBASIS KONSERVASI EKOSISTEM PESISIR Elvany, Ayu Izza
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.v10i2.8493

Abstract

Indonesia boasts extensive mangrove forests spanning over three million hectares, yet these are steadily declining due to harmful activities such as deforestation and land degradation. As a shoreside ecosystem, mangroves in seaside zones are also threatened by destructive management practices in coastal areas and on islands. This research analyzes Indonesia’s current criminal (formulative) policy regarding offences against mangrove conservation as part of offshore ecosystems and proposes a sustainable, approach-based formulative policy to promote mangrove sustainability in Indonesia’s coastal zones. This is doctrinal legal research, wherein the proposed legal issues are analyzed using both statutory and conceptual approaches. The findings indicate that the formulative policy regarding offences against mangrove conservation, specifically Article 73 paragraph (1) letter b and paragraph (2) of Law Number 1 of 2014 concerning Amendments to Law Number 27 of 2007 on Management of Coastal Areas and Small Islands, does not align with the sustainability principle that underpins coastal ecosystem conservation, including mangroves. The study highlights the need to amend the policy by explicitly incorporating corporate criminal liability and reconstructing the sentencing framework based on restorative justice and deterrence theory. These changes aim to strengthen criminal law as a last resort (‘ultimum remedium’) for protecting mangrove sustainability and conserving coastal ecosystems.  
REACHING SDG TARGET 14.4 BY ESTABLISHING PROVISIONAL ARRANGEMENTS FOR LAW ENFORCEMENT OPERATION Ramon, Adrianus Adityo Vito
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.v10i2.8570

Abstract

The research article argues that establishing provisional arrangements for law enforcement operations in overlapping maritime claims areas could be a viable option for claimant states to suppress illegal, unreported, and unregulated fishing (IUUF), which hinders progress toward achieving Sustainable Development Goal (SDG) Target 14.4. This target emphasizes sustainable fishing practices, marine life protection, and effective fish population management, aiming to prevent overfishing, reduce harmful fishing techniques, and ensure the sustainability of fish stocks. Under the 1982 UN Convention on the Law of the Sea, provisional arrangements for law enforcement operations can provide a practical framework for claimant states to conduct joint efforts, pending and without prejudice to the final resolution of overlapping maritime claims. To substantiate this argument, the article employs a juridical normative legal research method to: analyze the connection between SDG Target 14.4 and IUUF, which may impede progress toward the goal; examine the challenges of enforcing laws in overlapping maritime claims areas, including the factors contributing to IUUF in such contexts; and assess the potential impact of provisional arrangements for law enforcement on suppressing IUUF and advancing the achievement of SDG Target 14.4. The study highlights that these arrangements could serve as a collaborative interim solution, promoting sustainable development and marine ecosystem conservation while territorial disputes remain unresolved.
PROSPEK EKOSIDA SEBAGAI PELANGGARAN BERAT HAK ASASI MANUSIA DI INDONESIA Wibowo, Shannon Lorelei; Savitri, Niken
Veritas et Justitia Vol. 11 No. 1 (2025): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/cr5hpg41

Abstract

Ecocide constitutes a major environmental crime driven by power dynamics and carries significant consequences for human life. In the Indonesian context, several environmental incidents, such as river pollution by palm oil industries, the Lapindo mudflow disaster, and gold mining operations in Intan Jaya, Papua, demonstrate the severe and direct impact of environmental harm on communities. This research explores whether such cases in Indonesia can be classified as ecocide and examines whether ecocide should be treated as a serious human rights violation or recognized as a distinct criminal offense. Utilizing a normative-empirical juridical approach, the study concludes that environmental crimes in Indonesia have the potential to be categorized as ecocide and, thus, may qualify as gross human rights violations. Accordingly, two possible regulatory paths are proposed: first, the urgency of ratifying the Rome Statute, should ecocide be included under its jurisdiction as a gross human rights violation; and second, the incorporation of ecocide into Indonesia’s Human Rights Court Law, acknowledging both the potential benefits and challenges of such a legal reform.
OTORITAS AHLI WARIS DENGAN MASALAH KEJIWAAN TERHADAP HARTA WARISAN DALAM PERSPEKTIF HUKUM ISLAM Aqqhila Felia Putri; Kristianti, Dewi Sukma
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.v10i2.8618

Abstract

This study examines the obligations and authority of heirs with psychiatric conditions in managing their inheritance from the perspective of Islamic inheritance law. It addresses the issue of heirs with psychiatric problems, who are often assumed capable of fulfilling their obligations and managing their inheritance. Such heirs are frequently equated with children or individuals with severe mental illness, who typically rely on family assistance. The study explores two main legal issues: (1) the applicability of heirs' obligations under the Compilation of Islamic Laws (KHI) to those with psychiatric conditions, and (2) their authority to manage their inherited property under Islamic inheritance principles. Using socio-legal research methods—including statutory, conceptual, and comparative approaches—the study finds that heirs with psychiatric conditions can bear obligations under KHI as they are considered ahliyah al-ada (legally capable). Their obligations primarily pertain to the transfer of inheritance, which they can perform. Regarding the management of their inheritance, such authority is granted if they can make rational decisions, particularly in cases of episodic or relapsing psychiatric disorders with non-continuous symptoms. However, in cases of permanent, continuous, and incurable mental disorders, these heirs are placed under the oversight of a supported decision-making system.
ALGORITMA DALAM PRAKTIK PENEMUAN HUKUM MODERN Aritonang, Rasamala
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.v10i2.8662

Abstract

A defining characteristic of modern society is its reliance on general rules and regulations that derive legitimacy from scientific methods and findings, instead of customs or tradition. These rules are not typically enacted by individuals such as kings or priests with divine or prescriptive authority but are instead guided by rational and impersonal principles developed by "experts." Consequently, the modernization of law has involved leveraging scientific and technological advancements, such as the use of algorithms, to develop and improve legal systems. The evolution of legal systems is closely linked to the lawmaking process, often shaped by various legal professionals, particularly judges. This research explores the application of computational algorithms in the lawmaking process, focusing on their accountability and practical implementation. Additionally, it investigates whether legal decisions produced by algorithms can be rationally accepted as embodying "justice" when applied in judicial verdicts. This study employs a normative legal research methodology with an interdisciplinary doctrinal approach to address these questions.
DAMPAK AKSESI ICCPR TERHADAP PENCEGAHAN PRAKTIK PEMBUNUHAN DI LUAR HUKUM DALAM PERSPEKTIF INDONESIA Ashri, Munif
Veritas et Justitia Vol. 11 No. 1 (2025): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/y94w9g25

Abstract

Indonesia has made notable progress in institutionalizing human rights norms through the ratification and accession of various international treaties. Despite these advancements, violations of the right to life, particularly in the form of extrajudicial killings, continue to occur. This study investigates the extent to which Indonesia’s accession to the International Covenant on Civil and Political Rights (ICCPR) has influenced the protection of individuals from such violations. Employing a socio-legal approach, the research assesses institutional reforms following the ICCPR accession and analyzes specific cases, including the 2020 extrajudicial killings of Pastor Yeremia Zanambani and members of the Islamic Defenders Front (FPI). Findings reveal that, although legislative and policy reforms have been introduced to strengthen the right to life, their implementation remains inadequate. The persistence of extrajudicial killings is primarily attributed to the incomplete Security Sector Reform (RSK) process and the deeply rooted culture of impunity, which often results in lenient sentences or acquittals for alleged perpetrators. This study emphasizes the urgent need to advance the RSK agenda and address impunity through concerted efforts by key institutions, including the judiciary.

Page 41 of 42 | Total Record : 419

 38   39   40   41   42 

Filter by Year

2015 2025


Reset
Filter By Issues
All Issue Vol. 11 No. 1 (2025): Veritas et Justitia Vol. 10 No. 2 (2024): Veritas et Justitia Vol. 10 No. 1 (2024): Veritas et Justitia Vol. 9 No. 2 (2023): Veritas et Justitia Vol. 9 No. 1 (2023): Veritas et Justitia Vol. 8 No. 2 (2022): Veritas et Justitia Vol. 8 No. 1 (2022): Veritas et Justitia Vol. 7 No. 2 (2021): Veritas et Justitia Vol. 7 No. 1 (2021): Veritas et Justitia Vol. 6 No. 2 (2020): Veritas et Justitia Vol. 6 No. 1 (2020): Veritas et Justitia Vol. 5 No. 2 (2019): Veritas et Justitia Vol. 5 No. 1 (2019): Veritas et Justitia Vol. 4 No. 2 (2018): Veritas et Justitia Vol. 4 No. 1 (2018): Veritas et Justitia Vol. 3 No. 2 (2017): Veritas et Justitia Vol. 3 No. 1 (2017): Veritas et Justitia Vol. 2 No. 2 (2016): Veritas et Justitia Vol. 2 No. 1 (2016): Veritas et Justitia Vol 1, No 2 (2015) Vol. 1 No. 2 (2015): Veritas et Justitia Vol. 1 No. 1 (2015): Veritas et Justitia Vol 1, No 1 (2015) More Issue