The focus of this article, using a juridical normatif and philosophical approach, is in tracking how Article 33 of the Indonesian Constitution is understood and how the Pancasila economic system (based on the five tenets of the State’s ideology) is being implemented by a number of exisitng economic policies. While the Article should be regarded as the embedodiment of Indonesian economic policy, it cannot be denied that the understanding of it evolved and changed following the 4thamendment to the Constitution. It is observed that the 4thamendment to the 1945 Constitution have had a great impact on the direction taken by the Indonesian economic policy makers. In using a juridical normative approach we are forced to take the position that Pancasila economic system as found in the Constitution should be followed by the letter in real economic policy making. On the other hand, just to do that, we cannot but realize the need for the existence of government political will.
{"title":"SISTEM EKONOMI INDONESIA DALAM PERSPEKTIF PANCASILA DAN UUD 1945","authors":"A. Pratama","doi":"10.25123/VEJ.3067","DOIUrl":"https://doi.org/10.25123/VEJ.3067","url":null,"abstract":"The focus of this article, using a juridical normatif and philosophical approach, is in tracking how Article 33 of the Indonesian Constitution is understood and how the Pancasila economic system (based on the five tenets of the State’s ideology) is being implemented by a number of exisitng economic policies. While the Article should be regarded as the embedodiment of Indonesian economic policy, it cannot be denied that the understanding of it evolved and changed following the 4thamendment to the Constitution. It is observed that the 4thamendment to the 1945 Constitution have had a great impact on the direction taken by the Indonesian economic policy makers. In using a juridical normative approach we are forced to take the position that Pancasila economic system as found in the Constitution should be followed by the letter in real economic policy making. On the other hand, just to do that, we cannot but realize the need for the existence of government political will.","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":"46809231","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}
E-commerce poses a challenge to establishing a viable tax system. The Indonesian Directorate General of Taxes have yet to establish a viable data collection system on the number of active e-commerce business persons and how much they earn annually. The main question to be discussed here is how tax income regulation in Indonesia responds to e-commerce activities, taking into consideration the existing self-assessment system? The author shall attempt to answer this question by using a juridical normative approach. This research leads to one recommendation, i.e. to improve government revenue from e-commerce tax in Indonesia a rule should be established obligating e-commerce actors to obtain certificate of reliability (trust mark). This will improve government and public monitoring capability.
{"title":"KEBIJAKAN OPTIMASI PAJAK PENGHASILAN DALAM KEGIATAN E-COMMERCE","authors":"Amelia Cahyadini, Indra Oka Margana","doi":"10.25123/VEJ.3071","DOIUrl":"https://doi.org/10.25123/VEJ.3071","url":null,"abstract":"E-commerce poses a challenge to establishing a viable tax system. The Indonesian Directorate General of Taxes have yet to establish a viable data collection system on the number of active e-commerce business persons and how much they earn annually. The main question to be discussed here is how tax income regulation in Indonesia responds to e-commerce activities, taking into consideration the existing self-assessment system? The author shall attempt to answer this question by using a juridical normative approach. This research leads to one recommendation, i.e. to improve government revenue from e-commerce tax in Indonesia a rule should be established obligating e-commerce actors to obtain certificate of reliability (trust mark). This will improve government and public monitoring capability.","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":"46302758","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 the author discusses the fair use (Art. 43-49 Law 28/2014 re. copyright) in relation scientific work performed by lecturers and researchers. This legal discourse in the field of copyright law will be performed using a juridical normative approach. One important finding is that the fair use doctrine allows lecturers and researchers to utilize copyright protected work from others – in the name of scientific progress or educational purposes – without having to obtain prior consent or license. Nonetheless, user of copyright protected works must pay attention to reasonable interest of copyright holder, the meaning of which is left to legal practice.
{"title":"IMPLIKASI DOKTRIN “FAIR USE” TERHADAP PENGEMBANGAN ILMU PENGETAHUAN OLEH AKADEMISI (DOSEN) ATAU PENELITI DALAM PERSPEKTIF HUKUM HAK CIPTA","authors":"Sudjana Sudjana","doi":"10.25123/VEJ.2993","DOIUrl":"https://doi.org/10.25123/VEJ.2993","url":null,"abstract":"In this article the author discusses the fair use (Art. 43-49 Law 28/2014 re. copyright) in relation scientific work performed by lecturers and researchers. This legal discourse in the field of copyright law will be performed using a juridical normative approach. One important finding is that the fair use doctrine allows lecturers and researchers to utilize copyright protected work from others – in the name of scientific progress or educational purposes – without having to obtain prior consent or license. Nonetheless, user of copyright protected works must pay attention to reasonable interest of copyright holder, the meaning of which is left to legal practice.","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":"42075523","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 internationally accepted that public procurement procedure and public contract shall be organized in accordance with the fair competition principle and fulfil the requirement of transparency. Public procurement regulations are necessary to secure the efficient use of taxpayer resources by the government in purchasing goods, services and works from the market and to ensure fair competition among the public contract should be protected and that therefore it would be necessary to amend existing regulations which prohibit or restrict this right derived from freedom of contract. In addition, law makers should also put in place restriction with regard to corporate restructuring which main intention is to circumvent requirements of tender documents.
{"title":"MODIFICATION OF PUBLIC CONTRACT: BETWEEN RULE OF FAIR COMPETITION AND FREEDOM OF CONTRACT PRINCIPLE","authors":"Theodora Pritadianing Saputri","doi":"10.25123/VEJ.3035","DOIUrl":"https://doi.org/10.25123/VEJ.3035","url":null,"abstract":"It is internationally accepted that public procurement procedure and public contract shall be organized in accordance with the fair competition principle and fulfil the requirement of transparency. Public procurement regulations are necessary to secure the efficient use of taxpayer resources by the government in purchasing goods, services and works from the market and to ensure fair competition among the public contract should be protected and that therefore it would be necessary to amend existing regulations which prohibit or restrict this right derived from freedom of contract. In addition, law makers should also put in place restriction with regard to corporate restructuring which main intention is to circumvent requirements of tender documents.","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":"47760565","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}
Agrarian reform is in essence a government policy attempting to restructure land ownership and control. President Jokowi’s government set the target of 9 million hectares of which 4.1 million hectares is classified formerly as forest land. It was and still is no easy task. But this agrarian reform, involving mostly change of ownership of forest land and redistribution, is considered necessary as part of effort to guarantee society’s welfare. This article purports to analyse the legal framework of forest land release and related problems. To do that a juridical dogmatic approach will be used and with secondary data as primary source of information. The main finding of this research is that real problems arises in the context of implementing the Environmental and Forest Ministerial Decree Number180/Menlhk/Setjen/kum.1/4/2017 which provides guidance in regard the procedure and requirements to be met for forest land release. In the case that in the process, land ownership dispute arose, stakeholders should seek guidance from Presidential RegulationNumber 88/2017 regarding Settlement of Land Management/Ownership in Forest Land.
{"title":"PEROLEHAN TANAH OBYEK REFORMA AGRARIA (TORA) YANG BERASAL DARI KAWASAN HUTAN: PERMASALAHAN DAN PENGATURANNYA","authors":"I. Nurlinda","doi":"10.25123/VEJ.2919","DOIUrl":"https://doi.org/10.25123/VEJ.2919","url":null,"abstract":"Agrarian reform is in essence a government policy attempting to restructure land ownership and control. President Jokowi’s government set the target of 9 million hectares of which 4.1 million hectares is classified formerly as forest land. It was and still is no easy task. But this agrarian reform, involving mostly change of ownership of forest land and redistribution, is considered necessary as part of effort to guarantee society’s welfare. This article purports to analyse the legal framework of forest land release and related problems. To do that a juridical dogmatic approach will be used and with secondary data as primary source of information. The main finding of this research is that real problems arises in the context of implementing the Environmental and Forest Ministerial Decree Number180/Menlhk/Setjen/kum.1/4/2017 which provides guidance in regard the procedure and requirements to be met for forest land release. In the case that in the process, land ownership dispute arose, stakeholders should seek guidance from Presidential RegulationNumber 88/2017 regarding Settlement of Land Management/Ownership in Forest Land.","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":"42244126","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 right to health is widely recognized as basic human rights and consequently it is the state’s duty to guarantee its fulfilment. The Indonesian government, in realization of this duty, develops and put in place a national health care (insurance) system, which successful working depend on citizens paying equal amount of the premium needed to sustain this public health care system. However, the same state, in the context of social justice and welfare, provide poor citizens with monetary aid. This article discusses, by using a juridical normative approach, supplemented by an inter-multi disciplinary approach, the political dynamics underpinnings influencing the social or health care system’s implementation.
{"title":"DINAMIKA POLITIK HUKUM DALAM PEMENUHAN HAK ATAS KESEHATAN DI INDONESIA","authors":"Rico Mardiansyah","doi":"10.25123/VEJ.2918","DOIUrl":"https://doi.org/10.25123/VEJ.2918","url":null,"abstract":"The right to health is widely recognized as basic human rights and consequently it is the state’s duty to guarantee its fulfilment. The Indonesian government, in realization of this duty, develops and put in place a national health care (insurance) system, which successful working depend on citizens paying equal amount of the premium needed to sustain this public health care system. However, the same state, in the context of social justice and welfare, provide poor citizens with monetary aid. This article discusses, by using a juridical normative approach, supplemented by an inter-multi disciplinary approach, the political dynamics underpinnings influencing the social or health care system’s implementation.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44430166","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}
There is a need to conduct business transactions rapidly and in a quick perfunctory manner. At the same time arose also the need to develop and implement a quick, simple and cost efficient business dispute settlement procedure. In response to this need, the Indonesian Supreme Court issued regulation no. 2 of 2015 re. procedure for filing simple civil claims. The legal issue to be discussed here, using a juridical normative or dogmatic approach, is whether this regulation succeed in fulfilling its promise to provide for a quick, simple and cost efficient civil claim examination procedure? The answer to this question is sought, in addition to the method mentioned above, by comparing the procedure provided by the Supreme Court regulation with the existing model of civil claim court examination procedure. By virtue of this comparison the strength and weakness of the Supreme Court dispute settlement model can be analyzed.
{"title":"PERATURAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2015 TENTANG TATA CARA PENYELESAIAN GUGATAN SEDERHANA SEBAGAI INSTRUMEN PERWUJUDAN ASAS PERADILAN SEDERHANA, CEPAT DAN BIAYA RINGAN","authors":"Shanti Riskawati","doi":"10.25123/vej.2917","DOIUrl":"https://doi.org/10.25123/vej.2917","url":null,"abstract":"There is a need to conduct business transactions rapidly and in a quick perfunctory manner. At the same time arose also the need to develop and implement a quick, simple and cost efficient business dispute settlement procedure. In response to this need, the Indonesian Supreme Court issued regulation no. 2 of 2015 re. procedure for filing simple civil claims. The legal issue to be discussed here, using a juridical normative or dogmatic approach, is whether this regulation succeed in fulfilling its promise to provide for a quick, simple and cost efficient civil claim examination procedure? The answer to this question is sought, in addition to the method mentioned above, by comparing the procedure provided by the Supreme Court regulation with the existing model of civil claim court examination procedure. By virtue of this comparison the strength and weakness of the Supreme Court dispute settlement model can be analyzed.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46904461","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}
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.
{"title":"EKSISTENSI KEADILAN DALAM KONSTITUSI","authors":"A. Kartika","doi":"10.25123/vej.2887","DOIUrl":"https://doi.org/10.25123/vej.2887","url":null,"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.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44275485","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 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.
{"title":"MASALAH METODOLOGIS ILMU HUKUM INDONESIA","authors":"Tanius Sebastian","doi":"10.25123/VEJ.2913","DOIUrl":"https://doi.org/10.25123/VEJ.2913","url":null,"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.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41642224","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 paper discusses the issue of refugees from an international law perspective. It is known that Indonesia is not a party to either the 151 Refugee Convention as well as the 1967 Protocol, but mostly as transit country house a number of refugees running away from conflict areas in Myanmar, the Middle East and Afghanistan. This legal research employs a juridical normative method. By tracking down and analyzing all relevant legal sources it is revealed that Indonesia’s treatment of refuges is based on the general obligation to protect and honor human rights (on the basis of international minimum standard). It is further recommended that Indonesia should actively support the global compact on refugees.
{"title":"PORTRAITS IN INDONESIA: INTERNATIONAL REFUGEES FACE UNCERTAIN FUTURE (A STUDY OF INTERNATIONAL REFUGEE LAW)","authors":"Kadarudin Kadarudin","doi":"10.25123/VEJ.2920","DOIUrl":"https://doi.org/10.25123/VEJ.2920","url":null,"abstract":"This paper discusses the issue of refugees from an international law perspective. It is known that Indonesia is not a party to either the 151 Refugee Convention as well as the 1967 Protocol, but mostly as transit country house a number of refugees running away from conflict areas in Myanmar, the Middle East and Afghanistan. This legal research employs a juridical normative method. By tracking down and analyzing all relevant legal sources it is revealed that Indonesia’s treatment of refuges is based on the general obligation to protect and honor human rights (on the basis of international minimum standard). It is further recommended that Indonesia should actively support the global compact on refugees. ","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45679178","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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