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Veritas et Justitia
Articles by issue : Vol 1, No 1 (2015)
20
Articles
PENDEKATAN KEADILAN RESTORATIF: UPAYA MELIBATKAN PARTISIPASI KORBAN DAN PELAKU SECARA LANGSUNG DALAM PENYELESAIAN PERKARA PIDANA

Meliala, Nefa Claudia

Veritas et Justitia Vol 1, No 1 (2015)
Publisher : Faculty of Law, Parahyangan Chatolic University

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Abstract

AbstractFrom our understanding of ius poenale and ius puniendi, crime logically is simply considered as any offense directed against the state. In other words, conflict between offender and the State. It follow that justice is related to number of cases processed and punishment served. From this perspective, the criminal justice system disregards victims’ and offenders’s needs for closure and personal justice.  The restorative justice system offers an alternate approach which may compensate the shortcomings of the existing criminal justice system that is by opening up the possibility of victims and offenders participation.

MEMBACA ULANG PEMAKNAAN KEADILAN SOSIAL DALAM GAGASAN REVOLUSI HUKUM SOEDIMAN KARTOHADIPRODJO

Shidarta, Shidarta

Veritas et Justitia Vol 1, No 1 (2015)
Publisher : Faculty of Law, Parahyangan Chatolic University

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Abstract

AbstractSoediman Kartohadiprodjo was one of few Indonesian legal scholars taking interest in Pancasila, the state ideology  promulgated by Soekarno. Soediman believe that social justice, the core concept of Pancasila corresponds with the “kekeluargaan” principle as found in the constitution.  However, he used the the term welfare or happines rather than social justice since the latter, according to him, tends to adopt liberalist and individualist principles, which according to him contradicts with Pancasila.  He also endorsed the idea of “legal revolution”as a mean to increase the Indonesian populace’ awareness about recent legal development post independence. This article discusses and critizes Soediman’s idea on social justice and legal revolution. Keywords: Pancasila, social justice, welfare state, law revolution.

FORCE MAJEURE (OVERMACHT) DALAM HUKUM KONTRAK (PERJANJIAN) INDONESIA

Isradjuningtias, Agri Chairunisa

Veritas et Justitia Vol 1, No 1 (2015)
Publisher : Faculty of Law, Parahyangan Chatolic University

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Abstract

AbstractPrivate law  in civil law system is generally contains two major sections: contract law and commercial law. In contract law, parties imposed upon themselves certain obligations. Notwithstanding that, parties may at some point lose their ability to meet their obligations due to overmacht/force majeure. This article examine the legal status force majeure in Indonesia contract law. Force Majeure is intended to protect one party from damage arising from non- performance. The existence of which require the fulfillment of one or two conditions, subjective and objective. The Force Majeure clause is regulated in the Civil Law Code and encompasses situations such as fire, flood, earthquake, strom, typhoon (or other natural disaster), loss of electricity, catalisator damage, sabotage, war, invasion, civil war, rebellion, revolution, military coup, terrorist activities, blockade, embargo, labour dispute, strike, and goverment sanctions.

AKIBAT HUKUM PERATIFIKASIAN PERJANJIAN INTERNASIONAL DI INDONESIA: STUDI KASUS KONVENSI PALERMO 2000

Dewanto, Wisnu Aryo

Veritas et Justitia Vol 1, No 1 (2015)
Publisher : Faculty of Law, Parahyangan Chatolic University

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Abstract

AbstractRatification in Indonesia does not have any legal consequences for the application of the treaties at national level.  The reason is that ratification only binds Indonesia as a subject of international law. In comparison, parliamentary approval in the Indonesian context is not the same as the United States Senate’s approval. The Indonesian Government signed the Palermo Convention on December 12, 2000 and ratified it on April 20, 2009. The issue discussed here regards the legal status of this Convention.  In the 80’s it was assumed that any treaties ratified or acceded, would ipso facto be enforceable in Indonesia. I argued that Indonesia should be regarded as a state applying the monist approach, which legal practice seems to reject.  I stand for the monist approach especially with regard to the legal status of the 2000 Palermo Convention. In addition I also argue about the importance of differentiating between Indonesia’s international obligations and the issue of direct applicaton of the Convention by national couts. Keywords: Ratification, Integration, Implementation, Treaty, Indonesia’s legal system

FENOMENA KORUPSI PEJABAT PUBLIK DI JAWA BARAT DAN CARA MENGATASINYA

Atnan, Nur

Veritas et Justitia Vol 1, No 1 (2015)
Publisher : Faculty of Law, Parahyangan Chatolic University

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Abstract The negative effect of the decentralization policy implemented since 2001 is that corruption too become decentralized, especially in West Java. This article discusses: (1) patterns of corruption; (2)probable causes of corruption by government officials; and (3) proposed solution. To do just that, the author chose a socio legal research approach. Empirical data was collected through in depth interview.  The main findings are: (1) Corruption in West Java mostly took the form of state budget misappropriation; (2) the major source of corruption is abuse of power, money politics and the tendency to misuse loopholes in rules and regulations.  Law enforcement should therefore focus on betterment of regulation, organizational structure and legal culture of the officers.

EKSISTENSI HAK ATAS MATERI PORNOGRAFI BERDASARKAN NORMA KESUSILAAN

Christianto, Hwian

Veritas et Justitia Vol 1, No 1 (2015)
Publisher : Faculty of Law, Parahyangan Chatolic University

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Abstract

AbstractThe elucidation of Art. 4 Act No. 44, 2008 implicitly protects a person’s right to possess pornographic materials for his own use. This article argues that this reading opens up a number of moral problems.  For one thing what is the limit of legal and illegal porn, a question which cannot be separated from our understanding of what is considered indecent behaviour. In addition, the porn industry, the source of pornographic materials, is considered immoral or against religious precepts in itself.  The right to posses pornographic materials will be discussed from this perspective. Keywords: right to own porn material, moral norm, special/general right, adat law, human right

KONSEP HIJAU: PENERAPAN GREEN CONSTITUTION DAN GREEN LEGISLATION DALAM RANGKA ECO-DEMOCRACY

Nurmardiansyah, Eko

Veritas et Justitia Vol 1, No 1 (2015)
Publisher : Faculty of Law, Parahyangan Chatolic University

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Abstract

Abstract Green principle is to be understood as a commitment to the environment. It is part of a broader ideology that places human relationship with the natural world at the center. Green is a process, not a status, a verb, not an adjective.  Good environmental awareness become an important and urget global discourse. Eco-crasy should become the guiding principle informing Indonesian’ state policy making (political law) in environmental protection and management.  However, the concept of Eco-crasy should be further spelled out into a green constitution, green legislations and green budgeting.

KONSEP HAK ASASI MANUSIA DALAM ISLAM (Mengungkap Korelasi Antara Islam Dengan HAM)

Zein, Yahya Ahmad

Veritas et Justitia Vol 1, No 1 (2015)
Publisher : Faculty of Law, Parahyangan Chatolic University

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Abstract

Abstract The intention of this article is explore how Islamic teaching regards human rights. The main finding of this basic research is that in todays modern world, the universal values of human rights function as a glue binding society together. Although in pluralist modern society it become very difficult to impose one standard paradigm or worldview. In regard to Islam and human rights important is to take cognizance of the huquuqul ibad category. This enables us to differentiate between, firstly, the existence of human rights within a country and directly applicable and, secondly, human rights whose existence cannot be directly implemented by a country. Another finding is that there Islamic teaching does not contradict the universal value of human rights. There is a common ground (common values/kalimatun Sawa) between Shariah and human rights in which both demands the development of human virtues (rahmatal lilalamin/ nurturing the whole universe) Keywords: Concepts, human rights, Islam

ETIKA DAN KODE ETIK PROFESI HUKUM

Sidharta, B. Arief

Veritas et Justitia Vol 1, No 1 (2015)
Publisher : Faculty of Law, Parahyangan Chatolic University

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Abstract

AbstractOne of the most important aspects of society is a well functioning professionals scientifical development and application are carried out by professionals and modern society cannot exit without both. The same can be said in regard to the legal profession, in this paper represented by judges and advocates. Profession therefore should be regarded an institutional framework, in which the  development and teaching of sciences and humanities and its practical application in the field of spiritual service, medicine, technology, law, information and education are to be realized. Practice howerver tell a different story, and professionals perform their work within a certain socio-political field. This paper discusses the inter-relationship between professionals and their respective ethical rights and duties.

ADAKAH ITU: VERITAS ET IUSTITIA?

Kusumohamidjojo, Budiono

Veritas et Justitia Vol 1, No 1 (2015)
Publisher : Faculty of Law, Parahyangan Chatolic University

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Abstract

AbstractThe idea of truth has gone through a path of a long history and will still be the subject of a long and complex discourse. It will even remain being the cause of violent conflicts, the more if it deals with the perception of absolute truth. The unfortunate problem befalling mankind is the fact, which is based on different perceptions of truth, let alone “absolute truth”, that a lot of people strive to uphold perfect justice as if the world has a place for such an illusion. The history of mankind has reached a stage, whereby we must learn to understand that we have to distance ourselves from thoughts of promoting absolute truth, the more if aspirations toward upholding perfect justice also piggy backs thereon. Or else the world will keep constantly embroiled in senseless conflicts, violence and wars, where people would fight each other for their respective absolute principles, while actually being unaware about its absurd logic. Therefore the newly launched journal Veritas Et Iustitia would have to confront a tremendous challenge because the editors should construct a platform for continuous dialogue leading to constructive efforts towards better understanding about truth which should be increasingly more true and justice which should be increasingly more just to be pursued by mankind. Keywords: truth, justice, history, absolutism, ideology, paradoxically