Indonesia over a period of numerous years has had four different regulations with the same intent, i.e. to reorder the hierarchy of the various forms and types of legislative products. This effort apparently has not yet been a success. In this article, the author shall attempt to identify the core problem hindering the effort at re-ordering and discuss how other countries, notably, Germany, France, and the Netherland tackle the same comparable problem. The approach used here is doctrinal or dogmatic, and in addition a comparative law method. One important recommendation resulting from this study is that it would be better if the Indonesian legislator re-order the hierarchy of the various forms and types of legislation on the basis of the hierarchal order of the organ issues the legislative product.
{"title":"PROBLEMATIK PENATAAN JENIS DAN HIERARKI PERATURAN PERUNDANG-UNDANGAN","authors":"A. Efendi","doi":"10.25123/VEJ.3172","DOIUrl":"https://doi.org/10.25123/VEJ.3172","url":null,"abstract":"Indonesia over a period of numerous years has had four different regulations with the same intent, i.e. to reorder the hierarchy of the various forms and types of legislative products. This effort apparently has not yet been a success. In this article, the author shall attempt to identify the core problem hindering the effort at re-ordering and discuss how other countries, notably, Germany, France, and the Netherland tackle the same comparable problem. The approach used here is doctrinal or dogmatic, and in addition a comparative law method. One important recommendation resulting from this study is that it would be better if the Indonesian legislator re-order the hierarchy of the various forms and types of legislation on the basis of the hierarchal order of the organ issues the legislative product.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48006892","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}
Civil law suits according to law should be performed in a simple, quick, cost efficient manner. Notwithstanding that, it is generally known that the procedure of filing and completing a civil law suit is not as easy as it seems. Understandably even the Civil Procedural Law made specifically for the Indonesian population (Het Herziene Indonesich Reglement) made available the ruling that parties may appoint legal counsel to represent them before court. The author addresses this practice before Indonesian civil court. Data was collected through observation and interviews. One finding is that almost 90% of all civil court cases registered involves the use of legal counsels.
{"title":"VERPLICHTE PROCUREURSTELLING UNTUK PERADILAN YANG SEDERHANA, CEPAT, DAN BIAYA RINGAN","authors":"Eman Suparman","doi":"10.25123/VEJ.3288","DOIUrl":"https://doi.org/10.25123/VEJ.3288","url":null,"abstract":"Civil law suits according to law should be performed in a simple, quick, cost efficient manner. Notwithstanding that, it is generally known that the procedure of filing and completing a civil law suit is not as easy as it seems. Understandably even the Civil Procedural Law made specifically for the Indonesian population (Het Herziene Indonesich Reglement) made available the ruling that parties may appoint legal counsel to represent them before court. The author addresses this practice before Indonesian civil court. Data was collected through observation and interviews. One finding is that almost 90% of all civil court cases registered involves the use of legal counsels.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46386021","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}
Information technology in the era of Industrial Revolution 4.0 will become more sophisticated and increasingly influence the relationship between law and society. Law, in interaction with artificial intelligence and algorithms, will be expected in the future to provide quick and just answers to human problems. It is also predicted that in settling disputes, artificial intelligence and algorithm will replace the role and function of lawyers and judges. This prediction of how artificial intelligence and algorithm will replace law’s societal function will be analyzed using the progressive law theory which perceived law to be subordinate to human interest.
{"title":"HUKUM PROGRESIF DAN PERKEMBANGAN TEKNOLOGI KECERDASAN BUATAN","authors":"Qur'ani Dewi Kusumawardani","doi":"10.25123/VEJ.3270","DOIUrl":"https://doi.org/10.25123/VEJ.3270","url":null,"abstract":"Information technology in the era of Industrial Revolution 4.0 will become more sophisticated and increasingly influence the relationship between law and society. Law, in interaction with artificial intelligence and algorithms, will be expected in the future to provide quick and just answers to human problems. It is also predicted that in settling disputes, artificial intelligence and algorithm will replace the role and function of lawyers and judges. This prediction of how artificial intelligence and algorithm will replace law’s societal function will be analyzed using the progressive law theory which perceived law to be subordinate to human interest.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48660097","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, using a normative-juridical approach, discusses the issue whether Indonesia should re-introduce and re-instate the Guidelines of State Policy which was abolished in 1998, into the existing constitutional system. The author discusses a number of reasons of why re-instatement should be considered necessary. One important finding is that a new model of the Guidelines of State Policy should be made and utilised as a binding directive for state and government institutions at the central as well as regional and local level of governance.
{"title":"MPR DAN URGENSI GARIS BESAR HALUAN NEGARA DALAM SISTEM KETATANEGARAAN INDONESIA","authors":"Harry Setya Nugraha","doi":"10.25123/VEJ.3293","DOIUrl":"https://doi.org/10.25123/VEJ.3293","url":null,"abstract":"This article, using a normative-juridical approach, discusses the issue whether Indonesia should re-introduce and re-instate the Guidelines of State Policy which was abolished in 1998, into the existing constitutional system. The author discusses a number of reasons of why re-instatement should be considered necessary. One important finding is that a new model of the Guidelines of State Policy should be made and utilised as a binding directive for state and government institutions at the central as well as regional and local level of governance.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46832956","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}
Peer to peer lending has developed into a new investment measure providing solution for middle and small business enterprises in Indonesia, i.e., to obtain loan without collateral. However, the business enterprise providing the platform for peer to peer lending (websites or other apps), connecting would be lenders and borrowers, almost always puts into the service agreement a disclaimer stating that it would not be held liable in case of default. Using a juridical dogmatic approach, the author discusses the existence of such disclaimers from the viewpoint of consumer protection. The main argument put forward here is that the business enterprise providing this service cannot and should not shy away from bearing responsibility in protecting the consumer, i.e. those that provide loans.
{"title":"PEER TO PEER LENDING DI INDONESIA DAN BEBERAPA PERMASALAHANNYA","authors":"Adi Setiadi Saputra","doi":"10.25123/VEJ.3057","DOIUrl":"https://doi.org/10.25123/VEJ.3057","url":null,"abstract":"Peer to peer lending has developed into a new investment measure providing solution for middle and small business enterprises in Indonesia, i.e., to obtain loan without collateral. However, the business enterprise providing the platform for peer to peer lending (websites or other apps), connecting would be lenders and borrowers, almost always puts into the service agreement a disclaimer stating that it would not be held liable in case of default. Using a juridical dogmatic approach, the author discusses the existence of such disclaimers from the viewpoint of consumer protection. The main argument put forward here is that the business enterprise providing this service cannot and should not shy away from bearing responsibility in protecting the consumer, i.e. those that provide loans.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43673455","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}
Government policies providing financial aid to small and medium scale business enterprises are found everywhere around the globe, including those that is managed by Indonesia, and is allowed under the world trade arrangement managed by the WTO. An important part of this policy is subsidies made available to fishing businesses. Be that as it may, overfishing and the resulting fish stock crisis globally has made the practice of subsidizing marine fishing enterprises suspect in light of marine environment protection. This article discusses the issues of fishing subsidies as practiced in Indonesia in view of the current regime of economic law and the need to develop a sustainable fishing practices.
{"title":"DISIPLIN SUBSIDI PERIKANAN DALAM SISTEM PERDAGANGAN GLOBAL DAN IMPLIKASINYA BAGI PERIKANAN INDONESIA","authors":"D. Sitanggang","doi":"10.25123/VEJ.3146","DOIUrl":"https://doi.org/10.25123/VEJ.3146","url":null,"abstract":"Government policies providing financial aid to small and medium scale business enterprises are found everywhere around the globe, including those that is managed by Indonesia, and is allowed under the world trade arrangement managed by the WTO. An important part of this policy is subsidies made available to fishing businesses. Be that as it may, overfishing and the resulting fish stock crisis globally has made the practice of subsidizing marine fishing enterprises suspect in light of marine environment protection. This article discusses the issues of fishing subsidies as practiced in Indonesia in view of the current regime of economic law and the need to develop a sustainable fishing practices.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45678360","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}
It is considered axiomatic that Pancasila has been accepted as State ideology (formally and final) and in addition been perceived as the ultimate source of all legal sources. But this acceptance as axiom leads to the fact that Pancasila has almost never been reflected upon. This said in consideration that the basis for this ideology, the contemporary society tends to be suspicious of ideology or grand narratives. This article, as a reflective-critical analysis, shall discuss how Pancasila is understood by the Indonesian post ideological society. The critiques put forward is meant to offer an alternative value transformation for a society disillusioned by grand narratives.
{"title":"PANCASILA DI ERA PASKA IDEOLOGI","authors":"W. D. Putro","doi":"10.25123/VEJ.3233","DOIUrl":"https://doi.org/10.25123/VEJ.3233","url":null,"abstract":"It is considered axiomatic that Pancasila has been accepted as State ideology (formally and final) and in addition been perceived as the ultimate source of all legal sources. But this acceptance as axiom leads to the fact that Pancasila has almost never been reflected upon. This said in consideration that the basis for this ideology, the contemporary society tends to be suspicious of ideology or grand narratives. This article, as a reflective-critical analysis, shall discuss how Pancasila is understood by the Indonesian post ideological society. The critiques put forward is meant to offer an alternative value transformation for a society disillusioned by grand narratives.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45897108","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 articles shall discuss the arguments made by the People’s Republic of China in rejecting the Permanent Court of Arbitration’s decision made under the UNCLOS 1982 and which should be regarded as final and binding. The main question is whether the arguments put forward are valid according to international public law, especially in light of the UNCLOS and the general principles of international law regulating dispute settlements and territorial claims. A legal audit, a juridical dogmatic approach, shall be utilized here. The author concludes that not one rule or principles of international law seems to support the arguments made by the PRC in rejecting the validity of the Arbitration’s decision.
{"title":"KEABSAHAN ALASAN PENOLAKAN REPUBLIK RAKYAT TIONGKOK TERHADAP PUTUSAN PERMANENT COURT ARBITRATION ATAS SENGKETA KLAIM WILAYAH LAUT CINA SELATAN ANTARA PHILIPINA DAN REPUBLIK RAKYAT TIONGKOK BERDASARKAN HUKUM INTERNASIONAL","authors":"Ana Fatmawati, Elsa Aprina","doi":"10.25123/VEJ.V5I1.3289","DOIUrl":"https://doi.org/10.25123/VEJ.V5I1.3289","url":null,"abstract":"This articles shall discuss the arguments made by the People’s Republic of China in rejecting the Permanent Court of Arbitration’s decision made under the UNCLOS 1982 and which should be regarded as final and binding. The main question is whether the arguments put forward are valid according to international public law, especially in light of the UNCLOS and the general principles of international law regulating dispute settlements and territorial claims. A legal audit, a juridical dogmatic approach, shall be utilized here. The author concludes that not one rule or principles of international law seems to support the arguments made by the PRC in rejecting the validity of the Arbitration’s decision.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41649372","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 general public in 2017 hotly debated the implemented selection process of Judges. The focus is on the issue of government involvement in the selection process which potentially jeopardize the judiciary’s independence. In discussing this particular issue, the author uses a juridical normative or dogmatic approach and other data is collected by the use of library research . In addition, the author also compares the existing policy and rules/regulation concerning judge selection from different government’ era (the Old & New Order). A number of conclusions can be drawn from this comparison, i.e. that during the Old dan New Order Government, the judiciary was never considered independent. The government on a regular basis intervene in the selection process, appointment and placement of judges and have a strong say in their professional carrer path. In contrast, only after the fall of the New Order Government, did the Judiciary enjoy independence which is guaranteed by virtue of Law 35/1999 and the 1945 Constitution (amended version). Unfortunately though the Supreme Court decide to bring back in the government in the selection process and in doing that jeopardize the judicary’s independence.
{"title":"INKONSISTENSI PENERAPAN PRINSIP INDEPENDENSI KEKUASAAN KEHAKIMAN DALAM PELAKSANAAN SELEKSI CALON HAKIM","authors":"Ikhsan Azhar","doi":"10.25123/vej.3070","DOIUrl":"https://doi.org/10.25123/vej.3070","url":null,"abstract":"The general public in 2017 hotly debated the implemented selection process of Judges. The focus is on the issue of government involvement in the selection process which potentially jeopardize the judiciary’s independence. In discussing this particular issue, the author uses a juridical normative or dogmatic approach and other data is collected by the use of library research . In addition, the author also compares the existing policy and rules/regulation concerning judge selection from different government’ era (the Old & New Order). A number of conclusions can be drawn from this comparison, i.e. that during the Old dan New Order Government, the judiciary was never considered independent. The government on a regular basis intervene in the selection process, appointment and placement of judges and have a strong say in their professional carrer path. In contrast, only after the fall of the New Order Government, did the Judiciary enjoy independence which is guaranteed by virtue of Law 35/1999 and the 1945 Constitution (amended version). Unfortunately though the Supreme Court decide to bring back in the government in the selection process and in doing that jeopardize the judicary’s independence.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46319741","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 is a case study on the legal issues surrounding beatings and torture suffered by rape offenders incarcerated in the Wirogunan Prison, Yogyyakarta. Purpose of this research is to identify profile of perpetrator and determinate what factors are behind this deviant behaviour. This research uses a criminological method or approach. Data has been obtained from direct observation, expert interviews and literature review. One of the important findings is that beatings and torture of rape offenders are justified by the general inmates on the basis of negative labelling given toward the offender and his crime.
{"title":"PENGANIAYAAN TERHADAP NARAPIDANA PELAKU PERKOSAAN YANG MENGALAMI LABEL NEGATIF DI LEMBAGA PEMASYARAKATAN (STUDI DI LEMBAGA PEMASYARAKATAN WIROGUNAN YOGYAKARTA)","authors":"Aroma Elmina Martha, Chandra Khoirunnas","doi":"10.25123/VEJ.3064","DOIUrl":"https://doi.org/10.25123/VEJ.3064","url":null,"abstract":"This article is a case study on the legal issues surrounding beatings and torture suffered by rape offenders incarcerated in the Wirogunan Prison, Yogyyakarta. Purpose of this research is to identify profile of perpetrator and determinate what factors are behind this deviant behaviour. This research uses a criminological method or approach. Data has been obtained from direct observation, expert interviews and literature review. One of the important findings is that beatings and torture of rape offenders are justified by the general inmates on the basis of negative labelling given toward the offender and his crime.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45007637","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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