Pub Date : 2023-11-26DOI: 10.35586/velrev.v6i2.6477
Denda Ginanjar, Wandra Wardiansha Purnama
This research proposes an innovative approach to combating corruption, through anti-corruption education within the university environment. Given the increasing cases of corruption in Indonesia, a preventive approach through education is essential in cultivating a generation that is aware of the negative consequences of corruption. The methodology employed is normative research with a legal and literature analysis approach. The analysis results indicate that anti-corruption education in universities holds significant potential in shaping anti-corruption attitudes and values among students. This finding underscores the urgency of integrating courses that examine corruption issues and ethics into university curricula. Based on these findings, the legal strategy of anti-corruption education in universities plays a significant role in reducing corrupt practices. Strengthening educational content that fosters anti-corruption awareness, along with active collaboration among educational institutions, the government, and society, is considered necessary for implementing this strategy.
{"title":"Optimizing Legal Strategies: Combating Corruption through Anti-Corruption Education in Universities","authors":"Denda Ginanjar, Wandra Wardiansha Purnama","doi":"10.35586/velrev.v6i2.6477","DOIUrl":"https://doi.org/10.35586/velrev.v6i2.6477","url":null,"abstract":"This research proposes an innovative approach to combating corruption, through anti-corruption education within the university environment. Given the increasing cases of corruption in Indonesia, a preventive approach through education is essential in cultivating a generation that is aware of the negative consequences of corruption. The methodology employed is normative research with a legal and literature analysis approach. The analysis results indicate that anti-corruption education in universities holds significant potential in shaping anti-corruption attitudes and values among students. This finding underscores the urgency of integrating courses that examine corruption issues and ethics into university curricula. Based on these findings, the legal strategy of anti-corruption education in universities plays a significant role in reducing corrupt practices. Strengthening educational content that fosters anti-corruption awareness, along with active collaboration among educational institutions, the government, and society, is considered necessary for implementing this strategy.","PeriodicalId":165691,"journal":{"name":"Veteran Law Review","volume":"101 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139236263","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-14DOI: 10.35586/velrev.v6i1.4687
Zaky Zhafran King Mada
This Legal Research is entitled Juridical Analysis of the decisions of the General Meeting Of Shareholders (GMS) that have a balanced percentage of ownership in a limited liability company. If there is a Limited Liability Company in which there are only 2 (two) shareholders who have a balanced percentage of ownership so that there is a problem, namely that one of the shareholders does not attend the GMS or one of the shareholders does not agree on a GMS decision. The provisions regarding the quorum of the GMS and the decisions of the GMS have been determined with certainty, but in reality problems regarding this are still encountered. This research based on by 2 (two) problem formulations, the first is how to regulate shareholders who have a balanced percentage of ownership in the legislation, then the second is how the legal steps should be taken by shareholders. The First results of this study are if the two shareholders still have different interests then the Company is unlikely to continue. Because the two shareholders are decision makers, and if the deadlock continues then this will have an impact on the Company. In this case, the district court may dissolve the Company on the grounds that it is impossible for the Company to continue. And the Second, is a legal step that can be taken by one of the shareholders is to apply for an application to the district court, namely by requesting a quorum and the decision of the GMS.
{"title":"Analysis of Decisions of The General Meeting of Shareholders That Have a Balanced Percentage of Share Ownership","authors":"Zaky Zhafran King Mada","doi":"10.35586/velrev.v6i1.4687","DOIUrl":"https://doi.org/10.35586/velrev.v6i1.4687","url":null,"abstract":"This Legal Research is entitled Juridical Analysis of the decisions of the General Meeting Of Shareholders (GMS) that have a balanced percentage of ownership in a limited liability company. If there is a Limited Liability Company in which there are only 2 (two) shareholders who have a balanced percentage of ownership so that there is a problem, namely that one of the shareholders does not attend the GMS or one of the shareholders does not agree on a GMS decision. The provisions regarding the quorum of the GMS and the decisions of the GMS have been determined with certainty, but in reality problems regarding this are still encountered. This research based on by 2 (two) problem formulations, the first is how to regulate shareholders who have a balanced percentage of ownership in the legislation, then the second is how the legal steps should be taken by shareholders. The First results of this study are if the two shareholders still have different interests then the Company is unlikely to continue. Because the two shareholders are decision makers, and if the deadlock continues then this will have an impact on the Company. In this case, the district court may dissolve the Company on the grounds that it is impossible for the Company to continue. And the Second, is a legal step that can be taken by one of the shareholders is to apply for an application to the district court, namely by requesting a quorum and the decision of the GMS.","PeriodicalId":165691,"journal":{"name":"Veteran Law Review","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128645776","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-14DOI: 10.35586/velrev.v6i1.4850
Wasiatul Qolbi
The packaging sector is an important industry. Packaging is used as a material to protect goods from external contamination. There are various kinds of packaging, one of which is often used is plastic packaging. In plastic packaging there is one of the BPA materials used in the plastic manufacturing process. This BPA content has the potential to be released and mixed with packaged food and drinks. While BPA is a content that can cause various diseases such as cancer. This study aims to determine the content of BPA in plastic packaging seen from the Law on Food and the Law on Consumer Protection. This study uses normative legal research that is descriptive analytical with a qualitative approach to primary data, secondary data and tertiary data which includes the content and structure of positive law. It is used as a reference in reviewing legal issues that are the object of study. The results of the study show that the BPA content in plastic packaging does not meet the packaging quality standards in accordance with the Law on Food. The Law on Food states that food packaging must use materials that do not endanger health. The Law on Consumer Protection also states that one of the rights of consumers is to have security and safety in consuming goods and services. The content of BPA which can cause various diseases is clearly not in accordance with the clauses in the Consumer Protection Act.
{"title":"Bisphenol A (BPA) Content in Food and Beverage Plastic Packaging Perspective of Food Law and Consumer Protection","authors":"Wasiatul Qolbi","doi":"10.35586/velrev.v6i1.4850","DOIUrl":"https://doi.org/10.35586/velrev.v6i1.4850","url":null,"abstract":"The packaging sector is an important industry. Packaging is used as a material to protect goods from external contamination. There are various kinds of packaging, one of which is often used is plastic packaging. In plastic packaging there is one of the BPA materials used in the plastic manufacturing process. This BPA content has the potential to be released and mixed with packaged food and drinks. While BPA is a content that can cause various diseases such as cancer. This study aims to determine the content of BPA in plastic packaging seen from the Law on Food and the Law on Consumer Protection. This study uses normative legal research that is descriptive analytical with a qualitative approach to primary data, secondary data and tertiary data which includes the content and structure of positive law. It is used as a reference in reviewing legal issues that are the object of study. The results of the study show that the BPA content in plastic packaging does not meet the packaging quality standards in accordance with the Law on Food. The Law on Food states that food packaging must use materials that do not endanger health. The Law on Consumer Protection also states that one of the rights of consumers is to have security and safety in consuming goods and services. The content of BPA which can cause various diseases is clearly not in accordance with the clauses in the Consumer Protection Act.","PeriodicalId":165691,"journal":{"name":"Veteran Law Review","volume":"119 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116455139","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-14DOI: 10.35586/velrev.v6i1.4895
D. Utari, Anggalana Anggalana
The Public Housing Infrastructure, Facilities and Utilities Assistance Program for Low-Income Communities (MBR) is the government's support to realize livable housing for Low-Income Communities (MBR) as stipulated in Law Number 1 of 2011 concerning Housing and Settlement Areas. In South Sumatra Province, Palembang City with an area of slum areas based on the Governor's Decree in 2021 reaches 4,451 hectares and is one of the cities that is a priority to get handling of urban slum settlements from the Ministry of PUPR. In accordance with the existing problems, the objectives to be achieved in this study are to determine the implementation of the infrastructure development assistance program in the form of low-income community housing roads in the city of Palembang and to determine the factors that influence the implementation of the infrastructure development assistance program in the form of low-income community housing roads. in the city of Palembang. The method used in this study in discussing the existing problems, the author uses two approaches, namely: a normative juridical approach and an empirical juridical approach. The data used in this study were sourced from library research and field research. After the data is obtained and collected, then it is analyzed descriptively which produces descriptive data in the form of written or spoken words from sources that can be understood. Then in analyzing the data, the author uses a qualitative method, which is a method of analyzing the data collected and then described in words or sentences, separated according to categories so that the final conclusion is obtained. The results and discussion in this study show that the implementation of the PSU Assistance Program in the form of roads can be seen from the following: First, the PSU Assistance Budget, the financial realization in the 2021 fiscal year reached 75.47% of the total budget ceiling, while the physical realization reached 72, 36%. Second, the amount of PSU Assistance in Palembang City, the implementation of PSU Assistance for MBR housing roads is not optimal and is less significant between the annual performance target and the performance agreement of the South Sumatra Province Housing Provision Work Unit. Only 18.89% can be achieved from the annual performance target of 1800 units in 2021. Of that number in Palembang City, there are 124 units. Third, the performance of the South Sumatra Provincial Housing Provision Work Unit, Ministry of PUPR, during the 2021 fiscal year, the activities and programs carried out were less than optimal. However, the performance of the Housing Provision Work Unit in 2021, especially in the housing road PSU Assistance program for MBR, has improved performance, because in 2020 there has been no implementation of PSU construction while in 2021 it has successfully implemented 340 units in South Sumatra Province while 124 units for the City Palembang. Factors influencing the implementation of the PSU Assistance pr
{"title":"Implementation of Public Infrastructure, Facilities, and Utilities Development Assistance Program For Low-Income Community Housing in The City of Palembang According to Law Number 1 Year 2011 Concerning Housing and Settlement Area","authors":"D. Utari, Anggalana Anggalana","doi":"10.35586/velrev.v6i1.4895","DOIUrl":"https://doi.org/10.35586/velrev.v6i1.4895","url":null,"abstract":"The Public Housing Infrastructure, Facilities and Utilities Assistance Program for Low-Income Communities (MBR) is the government's support to realize livable housing for Low-Income Communities (MBR) as stipulated in Law Number 1 of 2011 concerning Housing and Settlement Areas. In South Sumatra Province, Palembang City with an area of slum areas based on the Governor's Decree in 2021 reaches 4,451 hectares and is one of the cities that is a priority to get handling of urban slum settlements from the Ministry of PUPR. In accordance with the existing problems, the objectives to be achieved in this study are to determine the implementation of the infrastructure development assistance program in the form of low-income community housing roads in the city of Palembang and to determine the factors that influence the implementation of the infrastructure development assistance program in the form of low-income community housing roads. in the city of Palembang. The method used in this study in discussing the existing problems, the author uses two approaches, namely: a normative juridical approach and an empirical juridical approach. The data used in this study were sourced from library research and field research. After the data is obtained and collected, then it is analyzed descriptively which produces descriptive data in the form of written or spoken words from sources that can be understood. Then in analyzing the data, the author uses a qualitative method, which is a method of analyzing the data collected and then described in words or sentences, separated according to categories so that the final conclusion is obtained. The results and discussion in this study show that the implementation of the PSU Assistance Program in the form of roads can be seen from the following: First, the PSU Assistance Budget, the financial realization in the 2021 fiscal year reached 75.47% of the total budget ceiling, while the physical realization reached 72, 36%. Second, the amount of PSU Assistance in Palembang City, the implementation of PSU Assistance for MBR housing roads is not optimal and is less significant between the annual performance target and the performance agreement of the South Sumatra Province Housing Provision Work Unit. Only 18.89% can be achieved from the annual performance target of 1800 units in 2021. Of that number in Palembang City, there are 124 units. Third, the performance of the South Sumatra Provincial Housing Provision Work Unit, Ministry of PUPR, during the 2021 fiscal year, the activities and programs carried out were less than optimal. However, the performance of the Housing Provision Work Unit in 2021, especially in the housing road PSU Assistance program for MBR, has improved performance, because in 2020 there has been no implementation of PSU construction while in 2021 it has successfully implemented 340 units in South Sumatra Province while 124 units for the City Palembang. Factors influencing the implementation of the PSU Assistance pr","PeriodicalId":165691,"journal":{"name":"Veteran Law Review","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116868424","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-30DOI: 10.35586/velrev.v6i1.4843
Rina Elsa Rizkiana, M. Gerry
The modernisation of public institutions aims to address issues of openness and community accountability of public institutions as well as making public services more responsive to the needs and aspirations of the community. The judiciary also complies with the community's requests that it implement the fundamentals of sound government. The 2010–2035 Judicial Reform Blueprint, which stresses using information technology to restructure and supports this. E-Litigation is a byproduct of Indonesia's judicial reforms. SK KMA RI Number 129/KMA/SK/VIII/2019 and PERMA 1 of 2019 provide as the legal foundation for electronic litigation. The principles outlined in the idea of good governance in terms of legal philosophy must be followed in the implementation of e-Litigation. This is in accordance with the principles of good governance, which deal with regulations pertaining to the validity of evidence submitted in e-Litigation of civil cases, that are responsive, effective, and efficient at the implementation stage. This research intends to examine the concepts of good governance, the legal foundation for e-Litigation in Indonesia, and the application of responsive, effective, and efficient principles to control the admissibility of documentary evidence in e-Litigation in civil cases. By taking a statutory method, this study adopts a normative approach to law. According to the study's findings, Indonesia's regulations on the admissibility of evidence in civil e-Litigation cases obstruct the fulfillment of responsive, effective, and efficient e-Litigation implementation principles. As a result, the legal framework of the rule governing the admissibility of evidence in Indonesian civil e-Litigation has to be modified to comply with good governance principles.
{"title":"The Implementation of Good Governance Concept In Letter Evidence Submission Regulation For E-Litigation Cases","authors":"Rina Elsa Rizkiana, M. Gerry","doi":"10.35586/velrev.v6i1.4843","DOIUrl":"https://doi.org/10.35586/velrev.v6i1.4843","url":null,"abstract":"The modernisation of public institutions aims to address issues of openness and community accountability of public institutions as well as making public services more responsive to the needs and aspirations of the community. The judiciary also complies with the community's requests that it implement the fundamentals of sound government. The 2010–2035 Judicial Reform Blueprint, which stresses using information technology to restructure and supports this. E-Litigation is a byproduct of Indonesia's judicial reforms. SK KMA RI Number 129/KMA/SK/VIII/2019 and PERMA 1 of 2019 provide as the legal foundation for electronic litigation. The principles outlined in the idea of good governance in terms of legal philosophy must be followed in the implementation of e-Litigation. This is in accordance with the principles of good governance, which deal with regulations pertaining to the validity of evidence submitted in e-Litigation of civil cases, that are responsive, effective, and efficient at the implementation stage. This research intends to examine the concepts of good governance, the legal foundation for e-Litigation in Indonesia, and the application of responsive, effective, and efficient principles to control the admissibility of documentary evidence in e-Litigation in civil cases. By taking a statutory method, this study adopts a normative approach to law. According to the study's findings, Indonesia's regulations on the admissibility of evidence in civil e-Litigation cases obstruct the fulfillment of responsive, effective, and efficient e-Litigation implementation principles. As a result, the legal framework of the rule governing the admissibility of evidence in Indonesian civil e-Litigation has to be modified to comply with good governance principles. ","PeriodicalId":165691,"journal":{"name":"Veteran Law Review","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114845284","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-29DOI: 10.35586/velrev.v6ispecialissues.5834
Dedeng Zawawi, Alip D Pratama, Hatta Azzuhri
The condition of a vacancy in the Head of the Region position in a problem that occurred in Muara Enim and Ogan Komering Ulu becomes a unique issue in filling the position because the vacancy happened simultaneously in both the Regent and Vice Regent positions. Currently, in Muara Enim, the position is filled by an Acting Regent (Plt) who was appointed by the Regional People's Representative Council (DPRD) after the Vice Regent's election. However, there is currently a legal challenge in the State Administrative Court (PTUN) regarding the DPRD's appointment decision. For Ogan Komering Ulu Regency, the elected Regent and Vice Regent from the 2020 local elections, Kuryana Azis, passed away shortly after being inaugurated as Regent. Meanwhile, the Vice Regent, who had previously been a corruption defendant, was unable to perform his duties one day after the inauguration. Currently, the Governor has appointed the Head of the Department as the Acting Regent. However, Article 65 paragraphs (5) and (6) of the Local Government Law state that the Secretary of the Region (Sekda) should be the one to carry out the duties as the Acting Regent. "This research aims to provide an answer on the appointment process of the Regent and Vice Regent positions that are vacant simultaneously. This is because the Local Government Law and the Regional Head Election Law only regulate the vacancy of one position, either the Regent or Vice Regent. The method used in this research is a juridical-normative approach, with a combination of legislation analysis, case studies, and comparative approaches. The results of this research show that the appointment of a Substitute Regional Head follows the provisions of Law No. 23 of 2014, Law No. 10 of 2016, and Government Regulation No. 12 of 2018. The position of the Regional Head, Acting Regional Head, Acting Regent, Interim Regent, and Acting Officer is regulated under Law No. 23 of 2014, Law No. 30 of 2014, Law No. 10 of 2016, Government Regulation No. 49 of 2008, and Government Regulation No. 1 of 2018.
{"title":"The Simultaneous Vacancy of the Definitive Regent and Vice Regent Positions in Muara Enim and Ogan Komering Ulu","authors":"Dedeng Zawawi, Alip D Pratama, Hatta Azzuhri","doi":"10.35586/velrev.v6ispecialissues.5834","DOIUrl":"https://doi.org/10.35586/velrev.v6ispecialissues.5834","url":null,"abstract":"\u0000\u0000\u0000\u0000The condition of a vacancy in the Head of the Region position in a problem that occurred in Muara Enim and Ogan Komering Ulu becomes a unique issue in filling the position because the vacancy happened simultaneously in both the Regent and Vice Regent positions. Currently, in Muara Enim, the position is filled by an Acting Regent (Plt) who was appointed by the Regional People's Representative Council (DPRD) after the Vice Regent's election. However, there is currently a legal challenge in the State Administrative Court (PTUN) regarding the DPRD's appointment decision. For Ogan Komering Ulu Regency, the elected Regent and Vice Regent from the 2020 local elections, Kuryana Azis, passed away shortly after being inaugurated as Regent. Meanwhile, the Vice Regent, who had previously been a corruption defendant, was unable to perform his duties one day after the inauguration. Currently, the Governor has appointed the Head of the Department as the Acting Regent. However, Article 65 paragraphs (5) and (6) of the Local Government Law state that the Secretary of the Region (Sekda) should be the one to carry out the duties as the Acting Regent. \"This research aims to provide an answer on the appointment process of the Regent and Vice Regent positions that are vacant simultaneously. This is because the Local Government Law and the Regional Head Election Law only regulate the vacancy of one position, either the Regent or Vice Regent. The method used in this research is a juridical-normative approach, with a combination of legislation analysis, case studies, and comparative approaches. The results of this research show that the appointment of a Substitute Regional Head follows the provisions of Law No. 23 of 2014, Law No. 10 of 2016, and Government Regulation No. 12 of 2018. The position of the Regional Head, Acting Regional Head, Acting Regent, Interim Regent, and Acting Officer is regulated under Law No. 23 of 2014, Law No. 30 of 2014, Law No. 10 of 2016, Government Regulation No. 49 of 2008, and Government Regulation No. 1 of 2018.\u0000 \u0000\u0000\u0000\u0000","PeriodicalId":165691,"journal":{"name":"Veteran Law Review","volume":"54 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133500247","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-29DOI: 10.35586/velrev.v6i1.4881
Cynthia Hadita, S. Harijanti
The problem has not been applied optimally and optimally to the principle of deliberation, besides the need for structuring regional institutions so that they can run effectively and efficiently so it needs to be studied from the perspective of the state theory of Pancasila law. The research method used is normative juridical. The results showed that the urgency of regional institutions that refer to the principle of deliberation by remembering that Indonesia is a State of Pancasila Law, one of which needs to practice consultative values, it becomes necessary to construct regional institutions. The RIA method needs to be carried out to consider the costs and benefits in maximizing the implementation of ideal regional autonomy by elaborating on the arrangement of inefficient regional institutions so that they can be implemented optimally.
{"title":"The Urgency of The Principle of Deliberation Towards Regional Institutions in The Perspective of The State of Pancasila Law","authors":"Cynthia Hadita, S. Harijanti","doi":"10.35586/velrev.v6i1.4881","DOIUrl":"https://doi.org/10.35586/velrev.v6i1.4881","url":null,"abstract":"The problem has not been applied optimally and optimally to the principle of deliberation, besides the need for structuring regional institutions so that they can run effectively and efficiently so it needs to be studied from the perspective of the state theory of Pancasila law. The research method used is normative juridical. The results showed that the urgency of regional institutions that refer to the principle of deliberation by remembering that Indonesia is a State of Pancasila Law, one of which needs to practice consultative values, it becomes necessary to construct regional institutions. The RIA method needs to be carried out to consider the costs and benefits in maximizing the implementation of ideal regional autonomy by elaborating on the arrangement of inefficient regional institutions so that they can be implemented optimally.","PeriodicalId":165691,"journal":{"name":"Veteran Law Review","volume":"336 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114812363","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-29DOI: 10.35586/velrev.v6i1.4629
Ahmad Muqorobin, May Shinta Retnowato, Nur Helmy Iffah Wafiyah
Development of Islamic civil cases today, the problems that arise in society are increasingly complex and the public's need for services in the legal field is getting higher. This does not escape the need for legal opinions from experts such as lawyers, advocates, or legal advisors. This legal opinion is what we often call a legal opinion. In practice, the determination of a punishment must be fair. To realize this justice, the law enforcers should be impartial and consider many things before deciding on a sentence or giving a legal opinion. The weighing of these decisions can be done by looking at the facts that happened and studying them, presenting witnesses, and so on. Legal facts are one of the processes that cannot be overlooked by persons investigating a case, because if this process is missed or not thorough enough, it can affect a decision. The method used in this study is a qualitative juridical normative method. This study aims to find out that legal facts will affect the decisions of Islamic civil law that will be taken and legal opinions that will be made by a legal expert. The result of the study is that Legal facts are important to note because the discovery and analysis of legal facts can support and complete the clauses that will be included in the legal opinion and the decisions that will be handed down by the judge on the defendant. Although in the civil law rules there is no information about the importance of legal facts in legal opinions, if viewed from the facts that occur, it can be identified as a legal risk that will be accepted by the client.
{"title":"Legal Facts in Legal Opinions Formulation on The Decisions of Islamic Civil Case","authors":"Ahmad Muqorobin, May Shinta Retnowato, Nur Helmy Iffah Wafiyah","doi":"10.35586/velrev.v6i1.4629","DOIUrl":"https://doi.org/10.35586/velrev.v6i1.4629","url":null,"abstract":"Development of Islamic civil cases today, the problems that arise in society are increasingly complex and the public's need for services in the legal field is getting higher. This does not escape the need for legal opinions from experts such as lawyers, advocates, or legal advisors. This legal opinion is what we often call a legal opinion. In practice, the determination of a punishment must be fair. To realize this justice, the law enforcers should be impartial and consider many things before deciding on a sentence or giving a legal opinion. The weighing of these decisions can be done by looking at the facts that happened and studying them, presenting witnesses, and so on. Legal facts are one of the processes that cannot be overlooked by persons investigating a case, because if this process is missed or not thorough enough, it can affect a decision. The method used in this study is a qualitative juridical normative method. This study aims to find out that legal facts will affect the decisions of Islamic civil law that will be taken and legal opinions that will be made by a legal expert. The result of the study is that Legal facts are important to note because the discovery and analysis of legal facts can support and complete the clauses that will be included in the legal opinion and the decisions that will be handed down by the judge on the defendant. Although in the civil law rules there is no information about the importance of legal facts in legal opinions, if viewed from the facts that occur, it can be identified as a legal risk that will be accepted by the client.","PeriodicalId":165691,"journal":{"name":"Veteran Law Review","volume":"371 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122073379","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-29DOI: 10.35586/velrev.v6i1.4686
Hafsah Aryandini, Abel Parvez
The position of customary law communities ' property rights (MHA) over customary forests has not been fully protected by law which causes conflicts regarding customary forests. Weak legal protection leads to discrimination for MHA, namely by loss of residence, loss of agricultural land, and even leading to punishment for defending its rights. In fact, the existence of Indigenous Peoples has been guaranteed in the constitution, namely in Article 18B of the 1945 NRI Constitution. However, in reality, the problem of property rights to customary forests is still often encountered and even boils down to human rights violations, namely the criminalization of Indigenous Peoples who are fighting for their rights. The postulate gives rise to two formulations of the problem. First, what are the problems with forest management regulation on the protection and empowerment of Indigenous Peoples? Second, How is the concept of forest management that protects and empowers Indigenous Peoples in accordance with the ius constituendum? To answer this problem, the author recommends improvements related to existing arrangements and the establishment of government policies as a concrete effort in enforcing the rights of MHA. Existing laws must provide protection and protection of the human rights of indigenous peoples and be accompanied by customary forest management based on the Community Based Forest Management (CBFM) License as a mechanism in settlement and to protect and implement MHA.
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Pub Date : 2023-04-18DOI: 10.35586/velrev.v6ispecialissues.5758
N. Nurnaningsih
Patriarchal culture cannot be separated from women's lives. Male domination over women has become a daily reality in many countries. Patriarchal culture assumes that women are "objects" and men are humans. In this case, men become subjects, and women as objects are regulated by men in various lines of life and culture. The impact of patriarchal culture is to place women who experience sexual violence in a worse position. At the level of the construction of a large Indonesian society that still uses a patriarchal paradigm, women are placed as second-class citizens. As a result, often the statements and reports from women are not heard. A further implication for women victims of sexual violence is that they are re-victimized by society, considered as the party that caused the violence. This article will raise two legal issues related to legal theory and law. The first legal issue in this paper is related to feminist legal theory based on the feminist view that in history, law is to perpetuate the position of women under the subordination of men. After discussing feminist legal theory, the author will discuss the second issue, namely law related to law enforcement in the field of sexual violence and its relation to feminist legal theory. Feminist legal theory is needed in building the basis of statutory norms (legal dogmatics) and the justice system to eliminate all forms of violence, especially sexual violence.
{"title":"Patriarchal Culture, Sexual Violence, and Legal Protection for Women in Indonesia","authors":"N. Nurnaningsih","doi":"10.35586/velrev.v6ispecialissues.5758","DOIUrl":"https://doi.org/10.35586/velrev.v6ispecialissues.5758","url":null,"abstract":"Patriarchal culture cannot be separated from women's lives. Male domination over women has become a daily reality in many countries. Patriarchal culture assumes that women are \"objects\" and men are humans. In this case, men become subjects, and women as objects are regulated by men in various lines of life and culture. The impact of patriarchal culture is to place women who experience sexual violence in a worse position. At the level of the construction of a large Indonesian society that still uses a patriarchal paradigm, women are placed as second-class citizens. As a result, often the statements and reports from women are not heard. A further implication for women victims of sexual violence is that they are re-victimized by society, considered as the party that caused the violence. This article will raise two legal issues related to legal theory and law. The first legal issue in this paper is related to feminist legal theory based on the feminist view that in history, law is to perpetuate the position of women under the subordination of men. After discussing feminist legal theory, the author will discuss the second issue, namely law related to law enforcement in the field of sexual violence and its relation to feminist legal theory. Feminist legal theory is needed in building the basis of statutory norms (legal dogmatics) and the justice system to eliminate all forms of violence, especially sexual violence.","PeriodicalId":165691,"journal":{"name":"Veteran Law Review","volume":"8 Suppl 9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130488548","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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