Veritas et Justitia
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articles must be original with sources used properly cited, may be written either in Bahasa Indonesia or English, unpublished elsewhere, and not under consideration for any other publication.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.
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439 Documents
<![CDATA[PENGUNGKAPAN INFORMASI ASAL SUMBER DAYA GENETIK DALAM SISTEM HUKUM PATEN NASIONAL: KESENJANGAN NORMATIF DALAM AKSES DAN PEMBAGIAN MANFAAT ]]>
<![CDATA[Emillia Isni Maulidina]]>;
<![CDATA[Miranda Risang Ayu Palar]]>;
<![CDATA[Laina Rafianti]]>
<![CDATA[ Veritas et Justitia Vol. 12 No. 1 (2026): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v12i1.9643
<![CDATA[The increasing commercialization of inventions derived from genetic resources has intensified concerns regarding the disclosure of the origin of genetic resources and the effective implementation of the principle of access and benefit-sharing (ABS). Inadequate disclosure mechanisms risk facilitating the non-compliance with the obligation to disclose the origin of genetic resources and weakening legal certainty concerning the fair distribution of benefits arising from their utilization. This article examines the role of disclosure of origin requirements in strengthening the protection of genetic resources within Indonesia’s patent law framework. This study employs normative legal research methods to analyze the regulation and implementation of disclosure obligations concerning genetic resources in the national patent system. The findings reveal three principal issues. First, regulations governing genetic resources, particularly in the agricultural sector, have not adequately regulated benefit-sharing mechanisms, creating legal uncertainty for plant genetic resources used in patented inventions. Second, disclosure of origin functions as an important control mechanism for enforcing the principle of ABS within the patent system. While non-disclosure may impede the implementation of ABS obligations, it does not automatically establish a violation of those obligations. Third, failure to disclose accompanied by bad faith may justify patent revocation, particularly where genetic resources are intentionally concealed or misappropriated to secure exclusive patent rights. Accordingly, this research recommends reforming Indonesia’s patent law framework through the adoption of a legal provenance disclosure model.]]>
<![CDATA[PENGATURAN MODEL PERAMPASAN ASET TANPA PEMIDANAAN UNTUK TINDAK PIDANA KORUPSI YANG MERUGIKAN KEUANGAN NEGARA ]]>
<![CDATA[Nefa Claudia Meliala]]>
<![CDATA[ Veritas et Justitia Vol. 12 No. 1 (2026): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v12i1.9691
<![CDATA[The recovery of assets derived from corruption remains a significant challenge within Indonesia's criminal justice system, particularly where conventional confiscation mechanisms depend upon a prior criminal conviction. This limitation often hinders efforts to restore state financial losses arising from corruption offences. Against this background, this article examines the urgency of adopting a Non-Conviction Based Asset Forfeiture (NCB Asset Forfeiture) regime as an alternative mechanism for asset recovery in corruption cases. This research employs normative legal research methods based on qualitative analysis of secondary data consisting of primary legal materials, including legislation, ratified international conventions, and draft legislation, as well as secondary legal materials such as books, journal articles, and other scholarly works. The research is further supported by empirical findings contained in the Corruption Trend Monitoring Reports published by Indonesia Corruption Watch from 2018 to 2024. The study finds that the existing conviction-based asset forfeiture model under Indonesian positive criminal law is inadequate to address the complexities of corruption and the recovery of illicit assets. Consequently, the regulation of NCB Asset Forfeiture has become increasingly urgent to strengthen asset recovery mechanisms and improve the restoration of state financial losses caused by corruption offences.]]>
<![CDATA[DISPARITAS “HASIL PENGAWASAN APARAT PENGAWASAN INTERN PEMERINTAH” DALAM PENGUJIAN UNSUR PENYALAHGUNAAN WEWENANG ]]>
<![CDATA[Awaludin Nur Ihfan]]>;
<![CDATA[Shinta Hadiyantina]]>;
<![CDATA[Riana Susmayanti]]>
<![CDATA[ Veritas et Justitia Vol. 12 No. 1 (2026): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v12i1.9712
<![CDATA[The scope of the Administrative Court’s authority to examine elements of abuse of authority under Article 2 paragraph (2) of Supreme Court Regulation Number 4 of 2015 remains contentious, particularly regarding the interpretation of the phrase “APIP Supervision Results”. Divergent interpretations in judicial practice have generated legal uncertainty and affected access to legal protection for government officials seeking judicial review of alleged abuse of authority. This article examines the interpretive disparities surrounding the phrase and analyzes the implications of the diversity of supervisory mechanisms within Indonesia’s regulatory framework. With normative legal research using statutory, case, and conceptual approaches to examine relevant legislation, judicial decisions, and doctrinal perspectives concerning internal government supervision and administrative justice, the findings in this research indicate that differing judicial interpretive approaches have contributed significantly to legal uncertainty regarding the admissibility of petitions concerning abuse of authority. Moreover, the diversity of supervisory forms regulated in various laws demonstrates that interpretation based solely on the classification or form of supervision is inadequate. This study proposes a shift from a formalistic toward a substantive interpretive approach, whereby “APIP Supervision Results” are assessed based on the substance and objectives of the supervisory findings rather than their formal categorization. Therefore, it recommends vertical and horizontal harmonization of supervisory regulations to strengthen legal certainty and ensure effective legal protection for government officials through the mechanism for examining abuse of authority.]]>
<![CDATA[HARMONISASI EKONOMI BIRU DAN EKOWISATA BERKELANJUTAN DALAM PENGELOLAAN KEGIATAN PARIWISATA DI KAWASAN KONSERVASI TAMAN NASIONAL KARIMUNJAWA ]]>
<![CDATA[Wishnu Adisatya Dharma]]>;
<![CDATA[Vincentio Joshua]]>
<![CDATA[ Veritas et Justitia Vol. 12 No. 1 (2026): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v12i1.9804
<![CDATA[Marine ecotourism in Karimunjawa National Park (KNP) possesses considerable potential to promote regional economic development in Jepara Regency and support Indonesia’s Blue Economy agenda. However, the governance of marine ecotourism in KNP is confronted with significant challenges arising from regulatory disharmony between marine conservation objectives and tourism development policies oriented toward economic growth. Increasing tourist arrivals that exceed the ecological carrying capacity of the area have further intensified conflicts over the utilization and management of marine space, contributing to environmental degradation and threatening the sustainability of local communities’ livelihoods. This research aims to examine the regulatory inconsistencies affecting marine ecotourism governance in KNP and to assess their implications for marine conservation and sustainable development. using a normative juridical method complemented by an analysis of field conditions in KNP. It analyzes relevant legislation, development policies of the National Development Planning Agency, and regulations issued by the Minister of Marine Affairs and Fisheries concerning marine conservation governance and tourism management. The findings reveal that the existing regulatory framework has not adequately integrated marine conservation principles, ecological carrying capacity, and the interests of local communities into marine ecotourism policies. Therefore, cross-sectoral regulatory harmonization, the establishment of scientifically informed carrying-capacity limits, strengthened institutional coordination and oversight mechanisms, and the implementation of Blue Economy principles are recommended to ensure ecological sustainability and equitable benefits for coastal communities in KNP.]]>
<![CDATA[INSTRUMENTALISASI HUKUM PIDANA DAN PERANNYA SEBAGAI ARTILERI PENGUASA ]]>
<![CDATA[Ahmad Mukhlish Fariduddin]]>;
<![CDATA[Cassandra Qaliya Qazza Kartikaputri]]>;
<![CDATA[Adela Kara Belinda]]>
<![CDATA[ Veritas et Justitia Vol. 12 No. 1 (2026): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v12i1.9806
<![CDATA[Criminal law is conventionally understood as a mechanism to limit arbitrary state power and protect society from crime. However, critical legal scholarship has long emphasized its function as a political instrument capable of reinforcing existing relations of power and domination. Upon this background, this article examines the political instrumentalisation of criminal law through the cases of Tom Lembong and Hasto Kristiyanto, which serve as the principal objects of reflection in this study. This research adopts a legal philosophy approach grounded in the Critical Legal Studies (CLS) tradition, particularly drawing upon the works of Mark Tushnet and Samuel Moyn. The analysis further advances the CLS concept of oppositionalism to examine how criminal law operates within competing political interests and power structures. The study finds indications of the instrumental use of criminal law in both cases. From a CLS perspective, this phenomenon can be understood through the concept of functional underdeterminacy, whereby legal institutions and mechanisms are capable of serving identical political objectives through contrasting legal modalities. In one instance, political objectives are pursued through criminal prosecution, while in another they are advanced through the termination of criminal proceedings by means of executive clemency. These findings highlight the indeterminacy of law and its susceptibility to political contestation and strategic deployment by holders of political power.]]>
<![CDATA[ANTARA PRIVASI DAN ILMU PENGETAHUAN: KAJIAN ATAS PENGECUALIAN HAK SUBJEK DATA PRIBADI PADA PENELITIAN ILMIAH ]]>
<![CDATA[Muhammad Anshori]]>;
<![CDATA[Shofi Munawwir Effendi]]>
<![CDATA[ Veritas et Justitia Vol. 12 No. 1 (2026): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v12i1.9808
<![CDATA[The transformation of education and sustainable development across sectors increasingly depends on scientific research as a foundation for evidence-based policymaking, regulatory development, and human capital advancement. At the same time, the use of personal data in research activities raises concerns regarding the protection of the constitutional right to personal data and privacy guaranteed under Article 28C paragraph (1) of the 1945 Constitution of Indonesia. Although Article 15 paragraph (1) letter e of Law Number 27 of 2022 on Personal Data Protection exempts certain rights of personal data subjects for scientific research purposes, the Law does not provide sufficient legal certainty regarding the mechanisms and safeguards governing such exemptions. This study examines the adequacy of Indonesia’s legal framework on personal data protection in scientific research and formulates recommendations for strengthening regulatory safeguards. Employing a statutory approach and comparative analysis, the research compares Indonesian regulations with legal and ethical safeguards applied in the United States concerning research involving personal data. The research finds that the exemption of data subject rights for scientific research must be accompanied by clear legal standards, institutional oversight, and ethical safeguards to prevent misuse of personal data. It recommends the establishment of comprehensive governance mechanisms involving government institutions, higher education institutions, and researchers to ensure that scientific advancement remains consistent with personal data protection principles.]]>
<![CDATA[DEBT-FOR-NUTRITION SWAP SEBAGAI SOLUSI PEMBIAYAAN PROGRAM PERBAIKAN GIZI DI INDONESIA ]]>
<![CDATA[R. Muktasim Billah]]>
<![CDATA[ Veritas et Justitia Vol. 12 No. 1 (2026): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v12i1.9898
<![CDATA[Indonesia faces a fiscal challenge in financing the Free Nutritious Meal Programme, whose projected budget of Rp 335 trillion in 2026 must be accommodated within the statutory budget deficit ceiling of 3 percent of Gross Domestic Product. Reliance on conventional debt instruments to meet this additional financing requirement risks undermining fiscal sustainability and increasing debt vulnerability. Against this background, this article proposes the Debt-for-Nutrition Swap (DfNutS) as a specialized form of debt conversion instrument that channels debt relief into nutrition-related expenditures. This study aims to examine the feasibility of adopting DfNutS in Indonesia by analyzing relevant international precedents, identifying the legal instruments required within the Indonesian regulatory framework, and formulating an operational model for its implementation. The research employs normative legal methods using statutory, conceptual, and comparative approaches. The findings indicate that Indonesia’s legal framework substantively accommodates the implementation of DfNutS through provisions governing state finance, nutrition policy, and innovative financing mechanisms based on Article 23 paragraph (1) Law Number 17 of 2003, Article 27 Presidential Regulation Number 72 of 2021, and Article 12 Regulation of Minister of Finance Number 72 of 2021. However, two critical regulatory gaps remain: the absence of a ministerial regulation on the accounting treatment and codification of non-conventional financing instruments, and the lack of a presidential instrument integrating debt-for-development swaps into the national nutrition and stunting reduction strategy. Addressing these gaps is essential to ensure the legal certainty and operational effectiveness of DfNutS in Indonesia.]]>
<![CDATA[KEBERLANJUTAN PERLINDUNGAN ANAK TERPADU BERBASIS MASYARAKAT: PELEMBAGAAN PERLINDUNGAN ANAK MELALUI PERATURAN DESA DI KABUPATEN BONE ]]>
<![CDATA[Asia A. Pananrangi]]>;
<![CDATA[A. Aswar]]>
<![CDATA[ Veritas et Justitia Vol. 12 No. 1 (2026): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v12i1.10090
<![CDATA[Ensuring the sustainability of child protection initiatives at the village level remains a significant challenge due to weak institutionalisation and limited support from local governance structures. Although the Community-Based Integrated Child Protection programme (Perlindungan Anak Terpadu Berbasis Masyarakat or PATBM) was designed as a community-driven mechanism emphasizing prevention, public education, and early referral systems for cases of violence and exploitation against children, its implementation frequently depends on external assistance and project-based support. This article examines the institutionalisation of PATBM through Village Regulations as a legal strategy for strengthening sustainable child protection governance in villages in Bone Regency. This research conducted with socio-legal approach with a case study design, combining normative analysis of village governance and child protection regulations with empirical analysis of local institutional practices. The findings demonstrate that the adoption of four Village Regulations formally incorporating PATBM into the Village Community Institution structure has strengthened legal legitimacy, clarified institutional responsibilities, and integrated child protection into village governance mechanisms. While concerns regarding fiscal capacity emerged during the regulatory process, these challenges were addressed through activity-based budgeting arrangements that provide greater flexibility and financial accountability. The study concludes that Village Regulations constitute an effective legal governance instrument for ensuring the sustainability of community-based child protection initiatives.]]>
<![CDATA[THE ROLE OF UNDUE INFLUENCE AND UNCONSCIONABILITY AS MECHANISMS AGAINST UNFAIR CONTRACTS ]]>
<![CDATA[Annisa Syaufika Yustisia Ridwan]]>
<![CDATA[ Veritas et Justitia Vol. 12 No. 1 (2026): Veritas et Justitia ]]>
Publisher : <![CDATA[Faculty of Law, Parahyangan Catholic University ]]>
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DOI: 10.25123/vej.v12i1.10120
<![CDATA[The growing recognition of undue influence in Indonesian contract law has introduced a new basis for invalidating agreements beyond traditional defects of consent. Originating from the common law tradition, the doctrine of undue influence shares conceptual similarities with the doctrine of unconscionability, particularly in addressing contractual injustice and power imbalances between parties. This article aims to examine the similarities and differences between the doctrines of undue influence and unconscionability in protecting parties against unfair contractual arrangements. This normative legal research employs a conceptual approach and relies on qualitative analysis of secondary data consisting of primary and secondary legal materials. Through a comparative examination of both doctrines, the study identifies their common objective of protecting weaker parties from exploitation arising from unequal bargaining positions and defective bargaining processes, which are ultimately reflected in the substantive terms of a contract. The analysis further demonstrates that the two doctrines differ in their primary focus of protection, available remedies, and scope of application. These distinctions have important implications for the development of Indonesian contract law and the protection of parties in unequal contractual relationships.]]>
