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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articles must be original with sources used properly cited, may be written either in Bahasa Indonesia or English, unpublished elsewhere, and not under consideration for any other publication.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 429 Documents
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PENETAPAN PENGAMPUAN UNTUK PENGURUSAN HARTA DAN PERALIHAN HAK ATAS TANAH OLEH HAKIM PENGADILAN AGAMA Rahmananda, Fikri; Nugraheni, Destri
Veritas et Justitia Vol. 11 No. 2 (2025): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v11i2.8752

Abstract

This paper analyzes legal reasoning employed by the Religious Court in adjudicating guardianship cases concerning asset management and the transfer of land rights. The research adopts both normative and empirical methods by examining Religious Court regulations on guardianship and conducting interviews with representatives of TASPEN Corp., the Land Office, and Land Deed Officials. The findings show that in certain cases the Court rejected guardianship applications on the grounds that such matters did not fall within the absolute jurisdiction of the Religious Court. In these decisions, judges relied on grammatical interpretation and the argumentum a contrario method of legal reasoning. Conversely, in cases where guardianship was granted, judges based their decisions on Book II of the Supreme Court Guidelines, the principle of Islamic personality, and analogical reasoning, employing various methods of legal interpretation, including authentic, extensive, and systematic interpretation. The study further finds that Religious Court guardianship decisions have legal implications for salary and pension management at TASPEN Corp. However, such decisions do not affect the transfer of land rights unless the Court’s ruling expressly grants permission to the guardian to carry out the transfer.
REPRESI TERHADAP KEBEBASAN AKADEMIK DALAM POLITIK ELEKTORAL INDONESIA Wiratraman, Herlambang P.
Veritas et Justitia Vol. 11 No. 2 (2025): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v11i2.8880

Abstract

The relationship between campuses and political power continues to be shaped by partisan interests. Increasing politicization reflects the strategic importance of campus life as an object of discipline, co-optation, and control within broader power structures. This dynamic was evident during the 2024 Indonesian elections, both at the presidential and regional levels. This article analyzes patterns observed in these elections, which featured multiple instances of political pressure exerted through state apparatuses seeking to mobilize campuses in support of the Joko Widodo administration through various manipulative strategies. Existing studies have paid limited, if any, attention to the position of campuses and electoral processes from the perspective of academic freedom, particularly within legal analysis focused on its practical application. This article therefore asks why academic freedom becomes particularly vulnerable during electoral periods and why campuses appear especially susceptible to political pressure in such contexts. Employing an interdisciplinary law-and-society approach, the article argues that the subordination of campuses during elections is neither incidental nor novel. Rather, campuses have been repeatedly sacrificed in electoral politics and are increasingly subject to systematic co-optation through policy instruments that constrain and neutralize their critical function.
PELINDUNGAN HUKUM BAGI DOKTER SPESIALIS MATA DALAM PELAKSANAAN TELEMEDISIN DI INDONESIA Sudradjat, Debiana Dewi
Veritas et Justitia Vol. 11 No. 2 (2025): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v11i2.8894

Abstract

Indonesia, as a nation embracing the welfare state principle, seeks to guarantee equal access to health services through the utilization of telemedicine. The Ministry of Health has issued regulations aimed at maintaining the uniformity and reliability of digital healthcare services nationwide. Nevertheless, the implementation of telemedicine relies heavily on medical professionals, whose work must be supported by adequate legal protection. Using a doctrinal research method with an analytical approach, this study identifies significant shortcomings in the existing legal framework, particularly the absence of clear safeguards for ophthalmologists who may face potential legal liability arising from diagnostic inaccuracies related to patient imaging in telemedicine practices. The findings highlight the urgent need to establish a comprehensive legal framework that ensures the protection of medical professionals, especially ophthalmologists, while strengthening the sustainability and effectiveness of telemedicine delivery in Indonesia.
PRESIDENTIAL POWER AND EXECUTIVE AGGRANDIZEMENT IN SHAPING THE CABINET Ramadhan, Febriansyah; Risky, Saiful
Veritas et Justitia Vol. 11 No. 2 (2025): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v11i2.9233

Abstract

This article examines the President’s authority to determine the number of ministers and deputy ministers, which has the potential to result in an oversized cabinet that hinders oversight of the executive branch. Adopting a socio-legal approach that combines doctrinal analysis with the study of executive aggrandizement, this research maps the mechanisms through which normative flexibility enables the expansion of the cabinet. The main findings demonstrate that cabinet expansion through changes in the Law on State Ministries has operated at several levels as a means of consolidating executive power through political patronage, the politicization of the bureaucracy, and legal engineering. Cabinet expansion is not a new phenomenon in Indonesian political history; this pattern has recurred from the Old Order to the New Order era. Constitutional Court Decision No. 128/PUU-XXIII/2025 confirms that excessive Presidential power can hinder bureaucratic effectiveness and efficiency. The decision also strengthens claims of executive aggrandizement not only in the ministerial sector but also among deputy ministers. This article proposes restricting Presidential power, particularly in determining cabinet size, through constitutional regulation with clear quantitative limits. Clearly defined boundaries that are difficult to modify politically would provide an effective mechanism to restrain the President’s authority to expand the cabinet.
PARALLEL PRICING AND THE USE OF CIRCUMSTANTIAL EVIDENCE IN PROVING PRICE-FIXING CARTELS Lestari, Hesty Diyah
Veritas et Justitia Vol. 11 No. 2 (2025): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v11i2.9259

Abstract

Most jurisdictions rely on indirect (circumstantial) evidence to prove parallel pricing that constitutes a price-fixing cartel when there is no direct evidence of an agreement among competing businesses. In Indonesia, however, the use of circumstantial evidence in proving price-fixing cartels remains debatable, as the Competition Act does not explicitly recognize circumstantial evidence as a form of proof available to the Business Competition Supervisory Commission (KPPU) in enforcing the Act. In several price-fixing cases, courts have rejected KPPU decisions that relied solely on circumstantial evidence to establish the existence of an agreement. This article examines how circumstantial evidence has been applied by the KPPU and the courts in cases involving parallel pricing. It further analyzes whether the Competition Act accommodates circumstantial evidence as a valid means of proving parallel pricing that amounts to a price-fixing cartel. The article seeks to clarify the significance of circumstantial evidence in establishing price-fixing agreements, which is essential for effective enforcement of competition law in Indonesia. Based on normative legal research, the article concludes that the use of circumstantial evidence in prosecuting price-fixing cartels can be justified under the existing Competition Act.
PEMAKNAAN MAHKAMAH KONSTITUSI TERHADAP BATASAN OPEN LEGAL POLICY BESERTA KOMPLEKSITASNYA Perdana, Muhammad Anugerah; Wafi, Mochamad Adli
Veritas et Justitia Vol. 11 No. 2 (2025): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v11i2.9287

Abstract

The Constitutional Court of Indonesia (Mahkamah Konstitusi) has exhibited a significant shift in its constitutional interpretative practice in adjudicating cases involving open legal policy. This shift is reflected in the Court’s recent tendency to grant judicial review petitions against norms that were previously classified as open legal policy and consistently considered beyond the scope of constitutional review, insofar as such norms are deemed to have exceeded certain constitutional limits. This research employs a normative juridical method and examines two main issues. First, it analyzes how the Constitutional Court conceptualizes the limits of open legal policy in adjudicating and granting judicial review cases. Second, it explores how the complexity of these limits is reflected in the Court’s legal reasoning. The findings indicate that the Constitutional Court has formulated several parameters limiting open legal policy, namely: (1) abuse of power by the legislator; (2) provisions that contravene principles of morality and rationality and result in intolerable injustice; (3) violations of political rights and the principle of popular sovereignty; (4) deficiencies in institutional design and function; and (5) norms that are manifestly contradictory to the 1945 Constitution of the Republic of Indonesia. Nevertheless, this study also reveals various complexities in the application of these limitations, including a tendency toward contradictio in terminis, interpretive difficulties surrounding the concepts of morality, rationality, and intolerable injustice due to their broad and fluid nature, as well as persistent tensions between legal certainty and constitutional justice in judicial review practice.
REKONSTRUKSI KEWENANGAN ASAL-USUL ATAS KELEMBAGAAN, PENGISIAN JABATAN, DAN MASA JABATAN KEPALA DESA ADAT Lainsamputty, Natanel; Sudaryanto, Agus
Veritas et Justitia Vol. 11 No. 2 (2025): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v11i2.9414

Abstract

This study examines the normative ambiguity in Article 109 of the Village Law, which stipulates that the institutional structure, mechanisms for filling positions, and terms of office of customary (adat) village heads must be determined based on customary law, while at the same time requiring these matters to be stipulated in Provincial Regional Regulations. This formulation creates a dualism of authority between the rights of origin of customary (adat) peoples and the regulatory authority of local governments. Using a normative legal approach through the analysis of laws and regulations, academic literature, and regional regulatory practices, this study finds that the ambiguity of Article 109 has encouraged the emergence of Regional Regulations that are both regulative and interventionist in nature. Local governments not only recognize but also reorganize customary arrangements in detail, including the uniformity of adat institutional structures, the regulation of appointment mechanisms, the determination of genealogical requirements, and the establishment of terms of office for adat village heads. This research proposes a reconstruction of Article 109 by emphasizing that Regional Regulations should function declaratively, namely, by recognizing adat mechanisms rather than re-regulating them. Through this reconstruction model, original authority over institutional structures, appointment mechanisms, and terms of office of adat leaders can be restored as the full domain of adat law communities, thereby enabling state–adat relations to operate proportionally within the framework of Indonesian legal pluralism.
KEWENANGAN PENGADILAN YANG DIPILIH DALAM KLAUSULA PILIHAN PENGADILAN: TINJAUAN BERDASARKAN HUKUM PERDATA INTERNASIONAL INDONESIA Kusumadara, Afifah
Veritas et Justitia Vol. 11 No. 2 (2025): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v11i2.9492

Abstract

A choice of court agreement made by contracting parties is recognized under Indonesian civil procedure law. Nevertheless, Indonesian courts frequently decline to uphold the jurisdiction of the court selected by the parties. This is because, under Indonesian Civil Procedure Rules, the principle of actor sequitur forum rei may take precedence over the parties’ choice of court agreement. Moreover, as Indonesian law does not expressly regulate the jurisdiction of foreign courts, Indonesian courts tend to assert jurisdiction over disputes even where the parties have nominated a foreign court in their agreement. This article is based on normative juridical research involving the analysis of legal materials consisting of statutes and regulations, case law, and legal doctrine. In light of these findings, the article proposes that Indonesia enact the Bill on Private International Law, which includes provisions governing international jurisdiction for both Indonesian and foreign courts. Additionally, the article advocates for Indonesia’s accession to the 2005 Hague Convention on Choice of Court Agreements and outlines recommended measures to safeguard Indonesia’s national interests through reformation of the judiciaries.
ANTARA KECERDASAN ARTIFISIAL DAN KEBUTUHAN PENALARAN HUKUM DALAM PENYUSUNAN JOINT VENTURE AGREEMENT Nurannisa, Gisca
Veritas et Justitia Vol. 11 No. 2 (2025): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v11i2.9545

Abstract

The development of Artificial Intelligence (AI) technology has made a significant contribution to the legal field, particularly in the drafting of business contracts such as Joint Venture Agreements (JVAs). AI assists in researching necessary data and drafting contractual clauses in JVAs. Although AI greatly facilitates contract drafting, it has inherent limitations because it cannot fully accommodate the legal context, or the specific needs of the parties involved in a transaction. This article examines the use of AI in contract drafting through the lens of Roscoe Pound’s theory of Mechanical Jurisprudence. Pound criticized the rigid application of law by judges, which this study analogizes to AI-generated contract clauses that are standardized and insufficiently responsive to the parties’ particular interests. The research is conducted through a literature review using a normative and prescriptive legal approach. The study concludes that AI should be used only as an auxiliary tool rather than as a primary reference in contract drafting, especially for complex business contracts such as JVAs. This is because AI-generated outputs are not the product of human legal reasoning capable of incorporating legal context, social norms, party interests, and considerations of justice. Consequently, such outputs remain rigid and require careful analysis and review by human contract drafters.

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