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Dyan Franciska Dumaris Sitanggang
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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articles must be original with sources used properly cited, may be written either in Bahasa Indonesia or English, unpublished elsewhere, and not under consideration for any other publication.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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ANALISIS SYARAT ADMINISTRATIF PROSES PEWARGANEGARAAN DI INDONESIA DALAM PERSPEKTIF PELAYANAN PUBLIK Efendi, Virga Dwi; Rizqi, Muhammad Fathur
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.v10i2.8730

Abstract

Indonesia’s citizenship system offers three distinct pathways for applicants, each with unique administrative processes. These variations impact the agencies involved, the associated costs, and the implementation of citizenship procedures. This research aims to examine the differences in administrative requirements within Indonesia’s citizenship framework from a public policy perspective, as outlined in Law Number 25 of 2009 concerning Public Services. The analysis employs a juridical-normative approach to explain the administrative prerequisites for obtaining Indonesian citizenship. The findings highlight the need for transformative measures under Law Number 12 of 2006 concerning Citizenship, particularly by enhancing coordination among ministries and agencies to deliver more effective and efficient citizenship services.
CHILD MARRIAGE IN THE RECIPROCITY CULTURE OF THE SEA TRIBE COMMUNITY: LEGAL CONFLICTS AND VIOLATIONS OF EDUCATION AND HEALTH RIGHTS Tan, Winsherly; Budi, Henry Soelistyo; Shahrullah, Rina Shahriyani; Manashi Kalita
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: 10.25123/0xsjxk19

Abstract

The culture of “reciprocity” remains preserved and continues to serve as the foundation for the implementation of customary/Adat marriages among the indigenous Sea Tribe community in Lingga Regency. This study aims to strengthen cultural norms and regulatory frameworks, while also addressing the enforcement of such cultural practices. Employing an empirical legal approach, the study found that the practice of reciprocity conflicts with the prevailing national marriage law. Specifically, due to imbalances in social obligations, the Sea Tribe community often carries out child marriages based on custom without obtaining a court-issued marriage dispensation, as legally required. Furthermore, the Sea Tribe can no longer be classified as an Adat law community, as it no longer meets the criteria; instead, it should be regarded as a customary community that remains subject to national law. Drawing on Satjipto Rahardjo’s Theory of Legal Compliance, the study identifies three key factors contributing to the community’s non-compliance with marriage law: the lack of proper legal indoctrination, entrenched collective habits, and a limited understanding of the benefits of legal obedience. Consequently, the continued application of the reciprocity culture results in violations of children’s rights to health and education within the community. In light of Mochtar Kusumaatmadja’s Theory of Development Law, this study underscores the need for marriage law to more effectively govern the practices of the Sea Tribe community.
KONFLIK NORMA DALAM PEMBERIAN IZIN JANGKA WAKTU HAK ATAS TANAH WILAYAH IBU KOTA NUSANTARA Maulana, Muhammad Asrul; Sukardi; Salman, Radian
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/g032eq74

Abstract

This study analyzes the normative conflicts surrounding the regulation of land rights duration in Indonesia’s Capital City and the legal implications of the land rights cycle in its development. The research focuses on the implementation of Presidential Regulation Number 75 of 2024 and Government Regulation Number 29 of 2024, which amends Government Regulation Number 12 of 2023. Employing a normative method, the study reveals that inconsistencies arise between the general principles of the Basic Agrarian Law (UUPA) and the more specific provisions applicable to the Capital City. The newly introduced government regulation substantially extends the durations for the Right to Cultivate (HGU), Right to Build (HGB), and Right to Use, departing from UUPA’s more restrictive agrarian policies. This discrepancy creates legal uncertainty for investors and land users, underlining the urgent need for regulatory harmonization to maintain legal coherence and stability. Moreover, the policy allowing land control for up to two cycles may lead to monopolization and exacerbate social inequality due to the prolonged periods of HGU and HGB. The regulation also broadens foreign investor access to land in the Capital City, potentially clashing with UUPA’s principles of social justice and national sovereignty. To safeguard public interest, prevent legal ambiguity, and ensure equitable land governance, it is essential to align these new regulations with the foundational values of the UUPA. The government must provide a clear and accurate interpretation of these provisions and enforce limitations on land ownership by individuals and legal entities to prevent misuse and protect national interests.
MENGEKSPLORASI DOKTRIN STANDING DI PERADILAN ADMINISTRASI INDONESIA: TAFSIR DAN HASIL Efendi, A'an; Suwardi
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/hp6dqa52

Abstract

The authority to bring a claim before Indonesia’s administrative courts originates from the phrase “feeling that his interests have been harmed” in Article 53(1) of the State Administrative Court Act. Because this clause is open‑textured, it must be interpreted to define its exact reach. Using doctrinal legal analysis of court rulings and scholarly commentary on standing, this study concludes that two categories of plaintiffs can sue: (1) individuals or private legal entities that suffer direct losses from government acts or decisions, and (2) qualifying organizations. For an individual or private entity to obtain standing, it must demonstrate (i) a recognizable interest, (ii) a legal connection to the disputed act or decision, and (iii) harm to that interest caused by the government’s unlawful conduct. Organizational standing is available to bodies that satisfy statutory requirements to appear in court and that litigate not for their own interests but for the public purpose they were created to serve. Standing may also be granted when the harm is merely potential, allowing the administrative court to act preventively before actual damage occurs.
DINAMIKA KOALISI POLITIK DI BALIK DEMOKRASI KEINDONESIAAN: OPOSISI MENJADI ANCAMAN? Sagala, Christo Sumurung Tua
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: 10.25123/8m5vak97

Abstract

In a democratic system, opposition plays a vital role in providing checks and ensuring that the government operates in alignment with the public interest. However, within the context of Indonesia, opposition is often viewed as a taboo, seen as conflicting with the values of Pancasila and the familial principles that define Indonesian society. This article explores the historical development of opposition in Indonesian democracy and the role of checks and balances within the framework of the trias politica, as part of the broader effort to advance democratization in Indonesia. Employing a socio-legal approach, the study examines Indonesian democracy from theoretical, historical, and practical perspectives. It concludes that the evolution of Indonesian democracy cannot be separated from the post-independence ideological debate between proponents of integralism and those advocating for social democracy. This debate ultimately gave rise to the concept of a “family state,” where the state acts as a father figure and the citizens as children. The Reformasi era marked a transitional phase toward democratization, introducing constitutional liberalism alongside the principles of checks and balances and the trias politica. However, these democratic instruments have not been effectively implemented. Indonesia remains entangled in political party cartelization, reinforced by a system of coalition presidentialism and supported by Constitutional Court decisions that emphasize strengthening the presidential system and simplifying the party structure. As a result, political parties in the legislature tend to focus more on positioning themselves for the next presidential election and securing roles within the governing coalition, rather than engaging in meaningful oversight of government actions.
PERSONAL DATA PROTECTION ON INTERNATIONAL DIGITAL TRADE: HARMONIZING STATE REGULATIONS THROUGH A COMMON STANDARD Gea, Gita Venolita Valentina; Wijaya, Jill Grezelda; Clarissa, Olivia; Witanto, Aurelia Kimberley Clarance
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/zbea9p38

Abstract

The advancement of digital trade has brought considerable benefits, yet it also presents significant challenges, particularly in protecting users’ personal data. Digital trade platforms commonly require users to share personal information, raising concerns over data security and accountability. Current regulations governing personal data protection are primarily limited to national or regional legal systems, resulting in a lack of harmonization that impedes the seamless flow of international trade. This paper explores the pressing need for a standardized global framework for personal data protection within the digital trade landscape. Using a normative juridical approach, the study examines various regional legal regimes and assesses the relevance of international trade principles in addressing data protection issues. The analysis highlights the absence of a globally recognized standard for personal data protection in digital trade and finds that existing international instruments are inadequate for meeting current challenges. Given UNCITRAL’s role in shaping international trade law, the development of a new legal framework, such as a Model Law, should be pursued. As a form of soft law, a Model Law offers a practical and adaptable tool for harmonizing legal standards across jurisdictions. Its adoption would enhance legal certainty and ensure the protection of personal data in international digital trade transactions, thereby upholding the rights of all parties involved.
HYSTERECTOMY IN PREGNANT WOMEN WITH UTERINE CANCER: AN ANALYSIS UNDER INDONESIAN HEALTH LAW AND UNESCO BIOETHICAL PRINCIPLES Novenanty, Wurianalya Maria; Innaka, R. A. Antari; Hernawan, Ari
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: 10.25123/426dp460

Abstract

Uterine cancer is commonly treated through hysterectomy, the surgical removal of the uterus. This research examines the legality and bioethical implications of performing a hysterectomy on a pregnant uterine cancer patient, focusing on Indonesian health law and UNESCO Universal Declaration on Bioethics and Human Rights to evaluate whether conducting a hysterectomy on a pregnant uterine cancer patient aligns with Indonesia’s health laws and bioethical principles established by UNESCO. Findings indicate that Indonesian health law does not specifically regulate hysterectomies performed on pregnant uterine cancer patients. However, the law does address abortion in cases of medical emergencies, although Law No. 1 of 2023 lacks detailed criteria for what constitutes such emergencies. Under human rights law, the right to life is non-derogable, both the mother and the fetus (if legally recognized as a child) are entitled to this right. Nonetheless, based on the principles of bioethics, particularly autonomy, beneficence, and non-maleficence, the right to life of the pregnant woman may take precedence, provided she is fully informed, mentally competent, and voluntarily consents to the procedure. In light of these considerations, it is imperative for Indonesia to enact legislation that clearly governs hysterectomy procedures for pregnant cancer patients and to define medical emergencies and the legal status of the fetus more explicitly. Such legal clarity is essential to ensure the consistent protection and promotion of human rights within the Indonesian healthcare system.
TINJAUAN HUKUM PERDATA INTERNASIONAL ATAS PERKAWINAN PENGUNGSI ROHINGYA DI INDONESIA Rajagukguk, Chelsea Raphael; Allagan, Tiurma Mangihut Pitta
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: 10.25123/3g6myh92

Abstract

This research explores the Private International Law (PIL) dimensions of marriages involving Rohingya refugees in Indonesia. As a transit country that has not ratified the 1951 Refugee Convention or its 1967 Protocol, Indonesia faces legal and administrative challenges in registering marriages of Rohingya refugees, either with Indonesian nationals or among themselves. Despite having the right to marry and establish families, as recognized by Article 16 of the Universal Declaration of Human Rights and Indonesia’s 1945 Constitution, they encounter significant barriers. Using a doctrinal approach, the study analyzes these issues through the lens of PIL principles and Indonesia’s existing legal framework, including the Marriage Law, Population Administration Law, Citizenship Law, Presidential Regulation Number 9 of 1975, and the 2023 Draft Bill on Indonesian PIL. The stateless status of Rohingya refugees complicates the registration of their marriages, often resulting in invalid or unregistered unions. The research focuses on determining the applicable law regarding the formal and material requirements for marriage in these cases and argues that adopting the lex loci celebrationis principle could provide a viable legal solution. It concludes by recommending the issuance of official recognition certificates for unregistered refugee marriages and the provision of citizenship for Rohingya individuals who marry Indonesian citizens, in order to uphold their fundamental human rights.
NAVIGATING LEGAL AMBIGUITY: FOREIGN MILITARY ACTIVITIES AND THE RIGHTS OF ADJACENT STATES UNDER ARTICLE 51(1) UNCLOS 1982 Lee, Kenneth Lee Maykinho
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/b7at9y68

Abstract

Article 51(1) of the United Nations Convention on the Law of the Sea (UNCLOS) 1982 exists within the framework of the archipelagic state regime. It provides a legal basis for immediately adjacent neighbouring states to continue exercising existing rights in specific areas that were previously considered international waters but have since come under the jurisdiction of an archipelagic state. The provision refers to these as “other legitimate activities” without offering a clear definition or scope. As a result, the ambiguity of this term undermines legal certainty. A notable example of this issue is the historical disagreement between Indonesia and Singapore over whether military exercises fall within the scope of “other legitimate activities” within Indonesia’s archipelagic waters. This article argues that the term should be jointly defined by the states concerned, as scholars suggest that Article 51(1) constitutes a pactum de contrahendo, thereby necessitating subsequent agreements. By exploring the historical context and scholarly interpretations, this paper seeks to clarify the ambiguous meaning of “other legitimate activities” under Article 51(1) of UNCLOS 1982.

Page 42 of 42 | Total Record : 419

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