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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articles must be original with sources used properly cited, may be written either in Bahasa Indonesia or English, unpublished elsewhere, and not under consideration for any other publication.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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UPAYA KEBERATAN DALAM PENGADAAN BARANG/JASA PEMERINTAH DIKAITKAN DENGAN PRINSIP DALAM GOVERNMENT PROCUREMENT AGREEMENT Budi Yulianto, Arief
Veritas et Justitia Vol. 3 No. 1 (2017): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v3i1.2530

Abstract

The Government Procurement Agreement (GPA), as part of agreements made within the purview of the  World Trade Organization (WTO), opens up the doors for foreign businesses to enter the domestic market of government procurement (goods/services).  Indonesia at present does not yet signed the GPA but decided to become an observer instead. Consequently, the government decides to harmonize its national laws regulating government procurement mechanism or procedure with the international standard (GPA). This article shows that there still exist a huge difference in how the national law regulates the public auction procedure (complaints, challenges and dispute resolution mechanism) with the GPA, which is used as a reference.  This situation should be dealt with should Indonesia decides to sign and ratify the GPA.
Mempertimbangkan Kembali Orientasi Gerakan Bantuan Hukum Indonesia Wiratraman, Herlambang P
Veritas et Justitia Vol. 2 No. 2 (2016): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v2i2.2276

Abstract

AbstractThis article discusses the practice of individual and structural legal aid and how it has been contextualized within the dynamic of Indonesian politics and law making (especially related to Law No. 16 of 2011 re. Legal Aid). The main question addressed is the extent to which legal aid succeed in pushing real legal reform and contribute to the effort of realizing a just society.  Unfortunately, the author discovers that legal reform initiated post Soeharto, initially held to be positive, failed to fulfills its intended goals. Instead law implementation and enforcement remains vulnerable to external pressure and in fact had been unable to stop on-going human rights violations and widespread corruption.
MASALAH METODOLOGIS ILMU HUKUM INDONESIA Sebastian, Tanius
Veritas et Justitia Vol. 4 No. 1 (2018): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v4i1.2913

Abstract

This article is the result of an explorative study on methodological issues in Indonesian legal science.  It uses a literature review to trace current debate on three interrelated issues concerning legal scholarship, legal development and legal pluralism. Each of these issues will be juxtaposes to contemporary legal discourse. Separately the issue of legal scholarship will be just apose to the praxis of legal research methodology and legal education; legal development to “law and development” paradigm; legal pluralism to rule of law. The author follows the legal thinking tradition employed by influential legal scholars: Paul Scholten, Soediman Kartohadiprodjo and B. Arief Sidharta. The standing of other prominent legal authors such as Mochtar Kusuma-Atmadja and Soetandyo Wignyosoebroto, to the extent that their ideas are relevant to this article, will be briefly discussed.
Sistem Perlindungan Atas Ciptaan Berdasarkan Undang-Undang Nomor 28 Tahun 2014 Tentang Hak Cipta Dalam Perspektif Cyber Law Sudjana, Sudjana
Veritas et Justitia Vol. 2 No. 2 (2016): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v2i2.2267

Abstract

AbstractThe purpose of this article is to discuss, from the perspective of cyber law, the relevant rules and regulation as found in the prevailing law on copyright (Law No. 28 of 2014) and how it provides effective protection to copyright creations. The author shall highlight the most important rules and norms or principles. The discussion shows that a number of rules in the Law No. 28 of 2014 has not been able to fully accommodate the need to respond to new development in virtual technology. A number of issues concerning who enjoy protection, the object being protected, registration system, period of protection, restriction on copyright and its relation to educational interest and scientific research still needs to be regulated in detail.
THE LEGALITY OF STATE’S PEACETIME MILITARY ACTIVITIES Ramon, Adrianus Adityo Vito
Veritas et Justitia Vol. 3 No. 2 (2017): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v3i2.2712

Abstract

AbstractThe research argue that in the absence of an internationally negotiated provisions that explicitly regulate foreign peacetime military activities in the Exclusive Economic Zone (EEZ) of another States, States should consider the incident case per case as well as may employed the guideline prepared by highly reputed international legal scholars. This is essential to avoid unnecessary conflict between the Coastal State and the State conducting military activities in the EEZ. The aforementioned conclusion is reached by first analysing the definition of the peacetime military activities of the State. The research would also examine the negotiation process and its negotiated provisions of the United Nations Convention on the Law of the Sea (UNCLOS) 1982 resulted from the negotiation, regulating EEZ. Subsequently, the research would examining of the practice of the States interpreting the UNCLOS 1982’s EEZ provisions, including providing the options as an interim solutions for the void in the legal instruments in the matter.  
PERIKATAN BERSYARAT DAN BEBERAPA PERMASALAHANNYA Budiono, Herlien
Veritas et Justitia Vol. 2 No. 1 (2016): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v2i1.2067

Abstract

Unpredictability is a factor which has always to be dealt with when making contracts and is related to some act (juridical) which may or may not happen. This unpredictability may be the result of an act/commission or ommission to be perfomed by an unknown person, known person or a third person.  In respons to this unpredicability, to a contract can be added a conditionality in which failure to meet certain conditions will result in postponement or cancellation.  Conditionality may also be employed in making one sided juridical acts, such as a will or a power of attorney. A contract in which one or both parties is required to obtain prior consent before the contract can be performed is a conditional contract.  A conditional contract differs from a contract with a time-limit and contract with an obligation.  In addition, there are impossible condition, inevitable condition, unlawful condition, indecent condition, potestatif condition, and incomprehensible condition. In regard to a will, attention must be given to the difference between fideï-commis and contract with an obligation. A contract with the conditionality of annulment also differs from an obligation to stand for a surety. The law regulation in articles 1266 and 1267 KUHPerdata acknowledges the conditionality related to annulment which is always assumed in reciprocal contract. Keywords:contract, agreement, conditional, annulment, postponement, unpredictable
EKSISTENSI HAK ATAS MATERI PORNOGRAFI BERDASARKAN NORMA KESUSILAAN Christianto, Hwian
Veritas et Justitia Vol. 1 No. 1 (2015): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v1i1.1417

Abstract

AbstractThe elucidation of Art. 4 Act No. 44, 2008 implicitly protects a person’s right to possess pornographic materials for his own use. This article argues that this reading opens up a number of moral problems.  For one thing what is the limit of legal and illegal porn, a question which cannot be separated from our understanding of what is considered indecent behaviour. In addition, the porn industry, the source of pornographic materials, is considered immoral or against religious precepts in itself.  The right to posses pornographic materials will be discussed from this perspective. Keywords: right to own porn material, moral norm, special/general right, adat law, human right
POSISI, TANTANGAN, DAN PROSPEK BAGI INDONESIA DALAM SISTEM PENYELESAIAN SENGKETA WTO F. D. Sitanggang, Dyan
Veritas et Justitia Vol. 3 No. 1 (2017): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v3i1.2526

Abstract

The World Trade Organization (WTO) as the sole universal organization managing global trade between member-states has develop a dispute settlement mechanism to deal with disagreement related to the interpretation and/or implementation of reciprocal rights and duties in the economic field. However, the effectiveness of this system hinges on compliance of states to decisions reached.  Compliance in its turn are influenced by how parties to a dispute value the justness or equity of the final settlement.  This paper discusses WTO Dispute Settlement Understanding (DSU) and how Indonesia perceived and utilizes this forum to further its national interest.
EKSISTENSI KEADILAN DALAM KONSTITUSI kartika, adhitya widya
Veritas et Justitia Vol. 4 No. 1 (2018): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v4i1.2887

Abstract

Any forest ecosystem, as part of the natural environment is home to diverse animal and plant life. But existence of forest, especially rain forest, are threatened by the need to meet human insatiable demands. The constitution, on the other hand, demands the preservation of forest environment (inclusive protecting the human rights to a clean and healthy environment), the management of which is entrusted to central as well as regional-local government. Using the concept of justice as a key point, the conflict between the need to preserve and exploitation of forest resources to meet human needs shall be discussed here. This paper, using a library research and juridical dogmatic approach, attempts to trace how environmental justice is perceived in the context of the above conflicting demands.
Resentralisasi Dalam Pembagian Kewenangan Pemanfaatan Energi Panas Bumi Prabowo, Canggih
Veritas et Justitia Vol. 2 No. 2 (2016): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v2i2.2272

Abstract

AbstractThe promulgation of Law no. 23 of 2014 re. Local Government, strengthening local government’s authority, is expected to provide a way out to the problem of how to harvest geothermal energy found in forest protected areas (within the jurisdiction of local government) to supply the increasing demand for electricity throughout Indonesia. For more than 10 years after the promulgation of Law no. 32 of 2004, the central government program to accelerate the utilization of geothermal energy source found within protected forest zones had come to a full stop.  This article discusses the issue of how government authority (central-local) related to the above problem had been distributed and the existing tension between central-local government.   The central government tendency to take back authorities previously granted to local authorities defies the whole effort at making government more accountable, efficient and prevention of externalities.

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