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Veritas et Justitia
Articles by issue : Vol 1, No 2 (2015)
20
Articles
RENCANA TATA BANGUNAN DAN LINGKUNGAN (RTBL) DALAM MENATA RUANG KOTA

Nurfitriati, Ilva

Veritas et Justitia Vol 1, No 2 (2015)
Publisher : Faculty of Law, Parahyangan Chatolic University

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Abstract

Urban society has a placed a considerable amount of hope in and holds great expectations of the Urban Planning Program (RTRWK) on RTRWK as the solution to urban planning problems. This program serves as a general guideline for urban planning, although much more detailed regulations are certainly required. The Building and Developmental Planning Program (RTBL) contains urban planning regulations that are in fact already in place despite its being much less popular and/or well known compared to its counterparts: RTRWK or even RDTR (Detailed Urban Space Management Program). Urban and environmental development planning can be one of the solutions for urban management and regulations in accordance with Law No. 26 of 2007 concerning Urban Planning, as well as government regulations for urban planning management. In this study, attempts are made to describe and explain how RTBL can be utilized as a so-called tandem solution to certain urban planning problems, after taking into consideration that various urban areas have distinct characteristics and priorities.

KONSISTENSI HUKUM WORLD TRADE ORGANIZATION (WTO) MENGENAI PRINSIP MOST FAVORED NATION (MFN) ATAS REGIONALISME DAN PANDANGANNYA TERHADAP ASEAN ECONOMIC COMMUNITY (AEC)

Sutanto, Marko Cahya

Veritas et Justitia Vol 1, No 2 (2015)
Publisher : Faculty of Law, Parahyangan Chatolic University

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Abstract

In 2015, Indonesia and other ASEAN members have a commitment to establish a single market region, i.e. free flow of goods and service, termed ASEAN Economic Community (hereinafter ‘AEC’). This arrangement is contrary to Most Favored Nation (MFN) principle under the General Agreement on Tariffs and Trade 1994, (hereinafter ‘GATT’). This paper aims to address the said violation according to the WTO/GATT law by analyzing (1) the general obligations and exceptions under the WTO/GATT, (2) regionalism in general and its existence in Southeast Asia, and (3) the interpretation of WTO’s compromise to regionalism. Under the GATT, there is a general obligation for members to treat their trading partners equally and give the same benefits to other members. However, there is an exception to this principle under article XXIV of the GATT, which based on the notion that regional trade agreements are a building block for multilateral openness. Yet, before applying this exception to the case at hand, AEC’s form must be determined. AEC’ has a structure of Free-Trade Area (hereinafter ‘FTA’) with a single market adhere to it, which according to WTO’s database there is one in force at the moment, namely ASEAN Free Trade Area (hereinafter ‘AFTA’). AFTA is not the equivalent to AEC because it covers more than just goods. Thus, the answer to apply the exception to AEC is inconclusive because even though it fits normatively, it does not have the necessary legitimacy.

PELETAKAN SITA JAMINAN ATAS HAK KEKAYAAN INTELEKTUAL

Adjie, Ambrosius

Veritas et Justitia Vol 1, No 2 (2015)
Publisher : Faculty of Law, Parahyangan Chatolic University

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Abstract

This study aims to determine the placement of sequestration of intellectual property rights. This study uses normative research, the research specification descriptive analysis, this research is carried out through the stage of the study of literature, and data analysis conducted qualitative normative. Results of this study show that can be placed sequestration of intellectual property rights, which lies in the economic value of the intellectual property rights.

REKONSTRUKSI DUAL BANKING SYSTEM: KEBERADAAN PRINSIP-PRINSIP SYARIAH PERBANKAN DALAM SISTEM HUKUM PERBANKAN NASIONAL

Kristianti, Dewi Sukma

Veritas et Justitia Vol 1, No 2 (2015)
Publisher : Faculty of Law, Parahyangan Chatolic University

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Abstract

The legal practice of Islamic (Sharia) economics in the real sector of Indonesia’s national economic development by way of various institutions or Islamic (sharia-based) economic centers has had a positive impact on the growth and development of the national economy. The practice is based on Islamic principles, which have been shaped into a wide variety of regulations or legislation in effect. In the legal concept of Sharia economics, the state as represented by the government that implements Sharia-based economic practices must apply the principles of Islamic economics to achieve the goal of Islamic economic law. The purpose of this Sharia economic law emphasizes the benefits for society based on the balance and fairness thus attained to present a showcase of the politics involved in Islamic economic law. The actual reality of legislation in Sharia-based economic activities issued by the government still falls decidedly short of expectations when compared to conventional economic activities and legal certainty in other countries, due to the role that Islamic economic law plays in determining the government’s political direction and ways of formalizing Islamic economic law in Indonesia.

KEKUATAN MENGIKAT PUTUSAN AJUDIKASI OMBUDSMAN DALAM PROSES PENYELESAIAN SENGKETA PELAYANAN PUBLIK

Radjab, Abi Ma’ruf

Veritas et Justitia Vol 1, No 2 (2015)
Publisher : Faculty of Law, Parahyangan Chatolic University

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Abstract

Based on the regulations as arranged in the Public Service Law, in case of legal disputes or lawsuits concerning public service, the settlement can be reached in two ways, namely by mediation and adjudication of a verdict, and secondly, this legal effort can be made or initiated by a so-called Ombudsman. The adjudication process subsequently yields a verdict or sentence that is bound to lead to contradiction as the Ombudsman is not a legal institution and this is not a quasi-administrative judicial process either, for the outcome of the Ombudsman’s investigation comes in the shape of a mere recommendation, and this cannot be regarded as a proper verdict pronounced by an official judge. Based on the regulations as stated in the Public Service Law and the Ombudsman Law as well as the regulations for their execution the adjucatory verdict reached by the Ombudsman, the force of this binding decision or sentence cannot be considered final and binding as such because it only qualifies as a recommendation. Given the fact that the judicial verdict made by the Ombudsman in the settlement of lawsuits regarding Public Service comes in the shape of a recommendation, further legal efforts can be made in accordance with the existing regulations whose mechanism is similar to that of administrative appeals that culminate in imposing sanctions and publication in the media to expose the case in question.

LEGITIEME PORTIE DALAM HUKUM WARIS ISLAM DI INDONESIA

Puspita, Shintiya Dwi, Fadhly, Fabian

Veritas et Justitia Vol 1, No 2 (2015)
Publisher : Faculty of Law, Parahyangan Chatolic University

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Abstract

Indonesia recognizes three different inheritance system based respectively on the Civil Code, Islamic law and adat law. This article discusses the regulation concerning legitieme portie, the absolute right of the successor (heirs) which by law cannot be disregarded by the benefactor. The question here is whether legitieme portie, expressly regulated in the western inheritance law may also be found in the Islamic inheritance system? The second question concerns the possibility of – within the Islamic inheritance system – through the application of the legitieme portie - to deny the wife and/or parents’ right to the inheritance. This research argues that the Islamic inheritance system contains rules which cannot be disregarded by the benefactor and at the same time guarantee the wife’s right to the inheritance left by the benefactor.

SIASAT-SIASAT NATURALISME DALAM FILSAFAT HUKUM: SEBUAH KONTRIBUSI FILSAFAT ILMU

Sebastian, Tanius

Veritas et Justitia Vol 1, No 2 (2015)
Publisher : Faculty of Law, Parahyangan Chatolic University

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Abstract

Naturalism is one of the main topics that explore the philosophical discourse. This article intends to discuss the philosophical problems of naturalism in jurisprudence. The argumentations of naturalism have affected the configuration of methodological debate in jurisprudence; between the descriptive approach and the evaluative approach. By reviewing the project of naturalism in metaphysics and epistemology and then scrutinizing how the ideas of naturalism work in jurisprudence, this article will exhibit a contribution of the philosophy of science to the scientific reflection of law. The development of naturalism creates challenges and chances at once for methodological tracing in the philosophy of law.

MEMBANGUN BUDAYA HUKUM PANCASILA SEBAGAI BAGIAN DARI SISTEM HUKUM NASIONAL INDONESIA DI ABAD 21

Hartono, Sunaryati

Veritas et Justitia Vol 1, No 2 (2015)
Publisher : Faculty of Law, Parahyangan Chatolic University

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Abstract

This article discusses the weaknesses of Indonesian (internal) legal culture. The author argues that this weakness points to the attitudes, behavior, and beliefs about the proper place of law in daily life as entertained by individuals working in the government, law making institutions as well as those working in the law enforcement sector. Moreover, this internal weakness in Indonesian legal culture, poses a threat to the unity of Indonesia as a nation. One solution offered is to return to and revive the State ideology and philosophy, Pancasila, as the basis to develop a more viable and healthy Indonesian legal culture.

PERAN DAN TANGGUNG JAWAB LEMBAGA PELAYANAN PENEMPATAN DAN PERLINDUNGAN PEKERJA MIGRAN DI INDONESIA

Atedjadi, Ribka Lydia

Veritas et Justitia Vol 1, No 2 (2015)
Publisher : Faculty of Law, Parahyangan Chatolic University

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Abstract

Migrant workers are the universal right holders whose rights, dignity and security require special and specific kinds of protection. The international migrant workers happen to find themselves outside of their nationality law protection system, hence their status is absolutely crucial, as they are susceptible to exploitation and harassment. This protection has been provided since the activities of the labor system in the market are related to pre-placement, placement, and post-placement. The actual implementation of this form of protection currently falls under an institution in charge of services and protection. This institution is known in Indonesia as Badan Nasional Penempatan dan Perlindungan Tenaga Kerja Indonesia, the National Institution for the Placement and Protection of Indonesian Laborers (BNPPTKI). The vulnerability of Indonesian migrant laborers can be discerned from a number of issues such as execution of the death penalty in the country of destination without any notification being given to the government of their country of origin, and acts of violence committed against Indonesian migrant workers in their workplace that is quite susceptible to 3D. By way of its various institutions, Indonesia must address the issues of migrant workers seriously and regard this matter as being subject to law in specific situations. The safe and proper migration situation of Indonesian International workers should become a role model and fall under the responsibilities of the placement institutions services and protections in order to minimize the legal issues faced by the Indonesian workers.

PERAN SERTA MASYARAKAT DALAM PENGELOLAAN RUANG TERBUKA HIJAU (RTH) DI KOTA BANDUNG

Astriani, Nadia

Veritas et Justitia Vol 1, No 2 (2015)
Publisher : Faculty of Law, Parahyangan Chatolic University

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Abstract

As a vehicle for social interaction, open spaces are expected to be able to link all of members of society (or the local community) without differentiating between their social, economic and cultural background. Green open space forms part of the urban space available in a region that has been filled with plants in order to bring ecological, social, cultural and aesthetic benefits. From the research conducted previously, it may be gathered that reaching the green open space proportion of 30% in the city region could only have been accomplished by involving many stakesholders, especially the local community members. This phenomenon piqued the interest of the researchers to conduct further research into the active participation of society (local community members) in the management of green open space and into the policies issued by the government to increase this effort. The outcome shows that the active participation of the local community members in the utilization of green open space serves not only to supervise the government policies, but it also plays an important role in managing and maintaining the green open space in their neighborhood. The expansion of the local community’s grasp of the concept being not only the party affected by its impact, but also as the interest and pressure group broadening its active participation by participating in managing the green open space, and even expanding the green open space by making agreements with the government. On the other hand, the government itself has been making various efforts to increase the active participation from society by encouraging the usage of Corporate Social Responsibility to manage the green open space and offer training sessions and courses to the local community involved.