Using a comparative law method, this article compares how Indonesian and Australia law on franchise regulates specifically the matter of franchise offering circular. Hopefully this comparison shall not only indicate similarities or differences in both countries approach but more than that reveals what can be learned from the Australian approach to franchise offering circular.
{"title":"PERBANDINGAN FRANCHISE OFFERING CIRCULAR MENURUT PRANATA HUKUM WARALABA DI INDONESIA DAN AUSTRALIA","authors":"Agri Chairunisa Isradjuningtias","doi":"10.25123/vej.3885","DOIUrl":"https://doi.org/10.25123/vej.3885","url":null,"abstract":"Using a comparative law method, this article compares how Indonesian and Australia law on franchise regulates specifically the matter of franchise offering circular. Hopefully this comparison shall not only indicate similarities or differences in both countries approach but more than that reveals what can be learned from the Australian approach to franchise offering circular.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42822584","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}
In the Indonesian criminal justice system, every public prosecutor possesses the authority to cease criminal prosecution in the name of public interest. In contrast, in the Netherland, only the Attorney General (Procureur Generaal) at the Supreme Court has this authority. This article discusses this authority to cease of terminate criminal prosecution in the name of public interest. To do this a comparative approach is used in which the ruling of this authority to terminate criminal prosecution as found in the Draft of the Indonesian Criminal Code will be compared against the same regulation and policy used in the Netherlands. A doctrinal and comparative law approach will be used. One recommendation resulting from this research is the need to re-evaluate the existing procedure and requirement of terminating criminal prosecution in the public interest in the Indonesian context and the introduction of Rechter-Commissaris into the criminal justice system.
{"title":"OPTIMALISASI ASAS OPORTUNITAS PADA KEWENANGAN JAKSA GUNA MEMINIMALISIR DAMPAK PRIMUM REMEDIUM DALAM PEMIDANAAN","authors":"Yodi Nugraha","doi":"10.25123/vej.3882","DOIUrl":"https://doi.org/10.25123/vej.3882","url":null,"abstract":"In the Indonesian criminal justice system, every public prosecutor possesses the authority to cease criminal prosecution in the name of public interest. In contrast, in the Netherland, only the Attorney General (Procureur Generaal) at the Supreme Court has this authority. This article discusses this authority to cease of terminate criminal prosecution in the name of public interest. To do this a comparative approach is used in which the ruling of this authority to terminate criminal prosecution as found in the Draft of the Indonesian Criminal Code will be compared against the same regulation and policy used in the Netherlands. A doctrinal and comparative law approach will be used. One recommendation resulting from this research is the need to re-evaluate the existing procedure and requirement of terminating criminal prosecution in the public interest in the Indonesian context and the introduction of Rechter-Commissaris into the criminal justice system.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43542976","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}
The United Nations Convention against Corruption (UNCAC) provides states with the opportunity, by means of their national criminal law, to criminalize a number of diverse corruptive behaviors, inter alia, illicit enrichment. By using a legal normative approach, the author discusses the chances and obstacles Indonesia face when introducing illicit enrichment as a crime alongside other crimes regulated in the Law on (the eradication of) corruption and law re. Money laundering. Apparently the primary aim to criminalize illicit enrichment through the national criminal law is to provide the state with a legal instrument to recover assets the result of corruption or money laundering. Attention should be given, however, on a number of obstacles coming from the interpretation of presumption of innocence principle and exiting regulation on the obligation for government officials to report their assets.
{"title":"PENGATURAN ILLICIT ENRICHMENT DI INDONESIA","authors":"Bayu Miantoro","doi":"10.25123/vej.3884","DOIUrl":"https://doi.org/10.25123/vej.3884","url":null,"abstract":"The United Nations Convention against Corruption (UNCAC) provides states with the opportunity, by means of their national criminal law, to criminalize a number of diverse corruptive behaviors, inter alia, illicit enrichment. By using a legal normative approach, the author discusses the chances and obstacles Indonesia face when introducing illicit enrichment as a crime alongside other crimes regulated in the Law on (the eradication of) corruption and law re. Money laundering. Apparently the primary aim to criminalize illicit enrichment through the national criminal law is to provide the state with a legal instrument to recover assets the result of corruption or money laundering. Attention should be given, however, on a number of obstacles coming from the interpretation of presumption of innocence principle and exiting regulation on the obligation for government officials to report their assets.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42447093","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}
This article discusses the problems encountered in the preliminary court proceeding of gross human right violation cases in Indonesia. Identified are two state institutions, i.e. the National Human Right Commission and the Attorney General, who possess the authority to initiate investigation and subsequent successful prosecution of gross human right violation cases. Good cooperation and relation between these two agencies is therefore a must. This article looks into the problems encountered by these two institutions in doing the preliminary process and discusses possible redistribution of these two state agency authorities. To do this a doctrinal approach will be used.
{"title":"PENATAAN ULANG KEWENANGAN PENYIDIKAN DAN PENUNTUTAN DALAM PENEGAKAN HUKUM PELANGGARAN HAM BERAT","authors":"Febriansyah Ramadhan, Xavier Nugraha, Patricia Inge Felany","doi":"10.25123/vej.3514","DOIUrl":"https://doi.org/10.25123/vej.3514","url":null,"abstract":"This article discusses the problems encountered in the preliminary court proceeding of gross human right violation cases in Indonesia. Identified are two state institutions, i.e. the National Human Right Commission and the Attorney General, who possess the authority to initiate investigation and subsequent successful prosecution of gross human right violation cases. Good cooperation and relation between these two agencies is therefore a must. This article looks into the problems encountered by these two institutions in doing the preliminary process and discusses possible redistribution of these two state agency authorities. To do this a doctrinal approach will be used.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44156311","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}
The Law no 11 of 2008 contains a penal rule against spreading hatred by the means of the internet (or digital social media). The enforcement of this penal sanction, due to its vagueness on the meaning of the term hate and spread of hate, consequently result in a public debate on how it impacts on people’s right of free expression. Apparently this vagueness opens up the possibility to limit even suppress freedom of expression. Using a juridical normative approach, this article discusses the leitmotiv of the above penal sanction. The author suggests that the express purpose of this article is to secure the unity and integrity of a pluralistic society.
{"title":"NORMA PERSATUAN SEBAGAI BATASAN PERBUATAN PIDANA PENYEBARAN UJARAN KEBENCIAN MELALUI INTERNET","authors":"Hwian Christianto","doi":"10.25123/vej.3501","DOIUrl":"https://doi.org/10.25123/vej.3501","url":null,"abstract":"The Law no 11 of 2008 contains a penal rule against spreading hatred by the means of the internet (or digital social media). The enforcement of this penal sanction, due to its vagueness on the meaning of the term hate and spread of hate, consequently result in a public debate on how it impacts on people’s right of free expression. Apparently this vagueness opens up the possibility to limit even suppress freedom of expression. Using a juridical normative approach, this article discusses the leitmotiv of the above penal sanction. The author suggests that the express purpose of this article is to secure the unity and integrity of a pluralistic society. ","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48940210","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}
Advancement in the information and communication technology make possible the development of e-government. The Indonesian government already grasped the opportunity to develop its own e-government system in providing public services. The obvious intent is to increase the quality of public service provision by the bureaucracy. This is hoped to be achieved by securing transparency and accountability of public officials. It is also to be expected that e-governance will be able to eradicate or at least decrease the possibility of corruptive behaviour. Unfortunately, fact speaks differently. Cases to be analysed here are: corruption committed by public officials working at the Investment and One Stop Service Office of the Bandung Municipality and those performed by public officials managing e-procurement services. In particular, this article shall discuss the issue how to develop e-government as to better at eradicating and preventing corruption by public officials.
{"title":"PELAYANAN PUBLIK BERBASIS ELEKTRONIK DAN PERILAKU ANTI KORUPSI","authors":"Elsa Debora Manurung, Shafira Nadya Rahmayani Sembiring, Wanodyo Sulistyani","doi":"10.25123/vej.3614","DOIUrl":"https://doi.org/10.25123/vej.3614","url":null,"abstract":"Advancement in the information and communication technology make possible the development of e-government. The Indonesian government already grasped the opportunity to develop its own e-government system in providing public services. The obvious intent is to increase the quality of public service provision by the bureaucracy. This is hoped to be achieved by securing transparency and accountability of public officials. It is also to be expected that e-governance will be able to eradicate or at least decrease the possibility of corruptive behaviour. Unfortunately, fact speaks differently. Cases to be analysed here are: corruption committed by public officials working at the Investment and One Stop Service Office of the Bandung Municipality and those performed by public officials managing e-procurement services. In particular, this article shall discuss the issue how to develop e-government as to better at eradicating and preventing corruption by public officials.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48576815","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}
In this article, using a juridical-normative approach, the author discusses legal issues stemming from the breach of two interlocking contracts: supplier agreement and factoring agreement. To be analysed is the legal relationship of all parties in the case of breach of contract or worse bankruptcy of the supplier. Issues to be raised in particular concerns who in the case of breach of contract will in the end possess the right to demand payment of outstanding debts and who bear the (legal and financial) risk in the worst case scenario: bankruptcy of buyer.
{"title":"AKIBAT HUKUM WANPRESTASI DAN TANGGUNG JAWAB PARA PIHAK DALAM TRANSAKSI ANJAK PIUTANG","authors":"Sudjana Sudjana","doi":"10.25123/vej.3173","DOIUrl":"https://doi.org/10.25123/vej.3173","url":null,"abstract":"In this article, using a juridical-normative approach, the author discusses legal issues stemming from the breach of two interlocking contracts: supplier agreement and factoring agreement. To be analysed is the legal relationship of all parties in the case of breach of contract or worse bankruptcy of the supplier. Issues to be raised in particular concerns who in the case of breach of contract will in the end possess the right to demand payment of outstanding debts and who bear the (legal and financial) risk in the worst case scenario: bankruptcy of buyer.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48161702","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}
The author grapples with the issue of how Heads of Regional government respond to Ombudsman’s recommendations, suggesting correction of public service failures, and what are the legal repercussions if those regional government heads chose to disregard such recommendation. Relevant legal norms - identified from existing legal sources - shall be discussed. It is suggested that Heads of Regional Governments are under the legal obligation to heed the given recommendation and rectify the government error as proposed. In practice, recommendations can and have been on numerous times been ignored. Administrative sanctions, i.e. obligatory special re-training-education programs, in the case of failure to meet Ombudsman’s recommendation, has been dismissed with impunity by both the Ministry of Home Affairs and the Heads of Regional/Local government, by reason of political or legal considerations.
{"title":"PELAKSANAAN FUNGSI REKOMENDASI OMBUDSMAN REPUBLIK INDONESIA TERHADAP KEPALA DAERAH","authors":"Adam Setiawan","doi":"10.25123/vej.3657","DOIUrl":"https://doi.org/10.25123/vej.3657","url":null,"abstract":"The author grapples with the issue of how Heads of Regional government respond to Ombudsman’s recommendations, suggesting correction of public service failures, and what are the legal repercussions if those regional government heads chose to disregard such recommendation. Relevant legal norms - identified from existing legal sources - shall be discussed. It is suggested that Heads of Regional Governments are under the legal obligation to heed the given recommendation and rectify the government error as proposed. In practice, recommendations can and have been on numerous times been ignored. Administrative sanctions, i.e. obligatory special re-training-education programs, in the case of failure to meet Ombudsman’s recommendation, has been dismissed with impunity by both the Ministry of Home Affairs and the Heads of Regional/Local government, by reason of political or legal considerations.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46611752","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}
Zenny Rezania Dewantary, Ulya Yasmine Prisandani, Mohammad Afdha Lardo
Indonesia possessed laws and regulation concerning the acquisition, distribution and use of armed weapons and explosive devices. A number of incidents, however, show a faulty monitoring system. Terrorist groups involved in the Surabaya bombing this year has been known to use triaseton triperoxide also known as the mother of Satan (mos), commonly used by ISIS. This fact shows a weakness in the monitoring or supervisory system put in place to control the use of armed weapons and explosive devices. In this article, the author shall discuss, using a normative-empirical juridical approach, to what extent the prevailing national law has been synchronized with the existing international convention regulating the acquisition and use of armed weapons and explosive materials or devices.
{"title":"INDONESIAN REGULATORY SYSTEM TOWARDS OWNERSHIP OF EXPLOSIVE DEVICES BY CIVILIANS","authors":"Zenny Rezania Dewantary, Ulya Yasmine Prisandani, Mohammad Afdha Lardo","doi":"10.25123/VEJ.3167","DOIUrl":"https://doi.org/10.25123/VEJ.3167","url":null,"abstract":"Indonesia possessed laws and regulation concerning the acquisition, distribution and use of armed weapons and explosive devices. A number of incidents, however, show a faulty monitoring system. Terrorist groups involved in the Surabaya bombing this year has been known to use triaseton triperoxide also known as the mother of Satan (mos), commonly used by ISIS. This fact shows a weakness in the monitoring or supervisory system put in place to control the use of armed weapons and explosive devices. In this article, the author shall discuss, using a normative-empirical juridical approach, to what extent the prevailing national law has been synchronized with the existing international convention regulating the acquisition and use of armed weapons and explosive materials or devices.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48259258","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}
This legal study, using a social-functional approach, underscores the importance of developing a viable social consumer protection system. Through it the government should promote a more effective consumer protection system in which any obstacle hampering consumer’s ability to obtain information necessary to make rational choices can be prevented. In short, a system protecting consumer’s right to obtain information. In this context, business enterprises are still expected to participate and support consumer protection movements at the national as well as regional level in which the end goal is to develop a fair business competition climate.
{"title":"INTRODUCTION TO A SOCIAL-FUNCTIONAL APPROACH IN THE INDONESIAN CONSUMER PROTECTION LAW","authors":"Shidarta Shidarta, Stefan Koos","doi":"10.25123/VEJ.3292","DOIUrl":"https://doi.org/10.25123/VEJ.3292","url":null,"abstract":"This legal study, using a social-functional approach, underscores the importance of developing a viable social consumer protection system. Through it the government should promote a more effective consumer protection system in which any obstacle hampering consumer’s ability to obtain information necessary to make rational choices can be prevented. In short, a system protecting consumer’s right to obtain information. In this context, business enterprises are still expected to participate and support consumer protection movements at the national as well as regional level in which the end goal is to develop a fair business competition climate.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45910791","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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