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Veritas et Justitia
Articles by issue : Vol 2, No 1 (2016)
10
Articles
ASPEK HUKUM KEGIATAN BISNIS DAN FUNGSI PERIZINAN DI INDONESIA DALAM KERANGKA MASYARAKAT EKONOMI ASEAN 2015

Haykal, Hassanain

Veritas et Justitia Vol 2, No 1 (2016)
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

The ASEAN Economic Community (MEA) should be perceived as a joint commitment to establish a (regional) single market within which there would be a free flow of goods and services. This commitment at the regional level inadvertently forces member countries to adjust their national laws and regulations. To be more concrete, simplifying the permit system and bureaucratic streamlining becomes a must.  On the other hand, the huge flow of incoming and outgoing trade and services, put pressure to national government to establish a viable control and monitoring system.  Reformation of the existing licensing system should be done by identifying overlapping rules and modernizing the government bureaucracy.  Keywords: permits/licensing, Economic ASEAN Community, bureaucratic reform

KETERTIBAN YANG ADIL VERSUS KETIDAKADILAN: BEBAN SOSIAL-EKONOMI YANG HISTORIS DARI HUKUM

Kusumohamidjojo, Budiono

Veritas et Justitia Vol 2, No 1 (2016)
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

This paper is based on a two decade observation on the dilemma of order and justice, leading to an attempt to analyze the social-economic factors underlying the historical roots of injustice. On its course it attempted to take lessons from historically proven axioms provided by certain heavy weight thinkers. While trying to make the best out of those axioms, the analysis could not ignore the hard facts of the daily life of the billions of people suffering from unending injustice in most parts of the world, in the rich and let alone in the poor parts of it. Neither could it escape from criticizing the ubiquitous mess in the justice system, almost universally. Although the overall problem of injustice does not seem to provide much hope for a better life of the people at large, the conclusion of this paper tried to distant away from a pessimistic stance and instead proposed an agenda for those who may concern to be carried out. This paper contains forethoughts of a book in the making regarding basically the same problem.   Keywords:history, authority, rationality, law, order, equality, justice

ANALISIS HUKUM PENERAPAN ANTI PENCUCIAN UANG TERHADAP KEBIJAKAN RAHASIA BANK

Vediani, Ilmi

Veritas et Justitia Vol 2, No 1 (2016)
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

This article discusses money laundering and the implementation of Customer Due Diligence (CDD) which is to be understood as part of the effort to eradicate this particular crime. Money laundering is not an autonomous crime but is always related or stems from an original crime (predicate crime). This crime is committed habitually using financial institution or banks as its instrument.  One factor making this possible is the obligation of bank to guard and maintain customer’s trust by virtue of bank’s secrecy. Nonetheless, this bank secrecy can be waived. By virtue of CDD, banks are under the obligation to implement a process of customer identification, including verification- monitoring of customers financial transaction or activities. In the case, they detect suspicious financial transactions the banks are under the obligation to report their findings to the Indonesian Financial Transaction Reports and Analysis Centre (INTRAC) and/or law enforcement officers Keywords: money laundering, bank, customer due diligence, anti-money laundering program and bank secrecy

PELAKSANAAN PERLINDUNGAN ANAK YANG TEREKSPLOITASI SECARA EKONOMI OLEH PEMERINTAH KOTA PADANG

Simbolon, Laurensius Arliman

Veritas et Justitia Vol 2, No 1 (2016)
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

Children are our future and in their own time bear the responsibility to develop their own world. To enable them doing so, they should not be forced to work to earn a living or support their family.  Children should be allowed to grow in the safety of a home, at school and at playgrounds.  In this paper the author will explore children problems related economic exploitations,  what policies are developed by the municipal government of Padang to protect children from economic exploitations and what are the obstacles in implementing these policies. One of the finding is that the Social and Manpower Service and the Family Planning, Women and Community Empowerment Board of the Padang municipal government develops training programs aiming to give exploited children practical skills in helping them to cope.  Factors influencing economic exploitation of children are numerous and complex: lack of education, lessening of people’s adherence to religious norms, societal environment, shift in cultural values, economic problems, etc. Based on the above the author suggests that the municipal government should take cognizance of these factors when attempting to deal with the problem.  Keywords: child, exploitation, economy, protection

PEMBATASAN HAK UNTUK MENIKAH ANTARA PEKERJA DALAM SATU PERUSAHAAN

Novenanty, Wurianalya Maria

Veritas et Justitia Vol 2, No 1 (2016)
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

There are a number of corporations or economic entities which enact internal employment regulations prohibiting its employees to inter-marry. Sanction to the violation of this rule is voluntary or forced resignation. It is argued that the ratio legis is to prevent personal conflict of interest, discriminative treatment and incidence of corruption-collusion and nepotism in the work place.  The author shall critically analyze such regulation against the background of the prevailing laws, i.e. the 1945 Constitution, Human Rights laws, Marriage Law (1/1974) and Labor law (13/2003). The author’s main finding is that it is permissible to restrict a person’s right to marry under certain conditions, i.e. in the nation’s interest and public order and that such limitation can only be applied by public corporations working in the public interest.                                                                                                                                                                  Keywords: human rights, marriage, labor, corporations

HAK CIPTA SEBAGAI OBYEK JAMINAN FIDUSIA DITINJAU DARI UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA DAN UNDANG-UNDANG NOMOR 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA

Merista, Ovia

Veritas et Justitia Vol 2, No 1 (2016)
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

This article shall discuss the possibility to utilize copyright as fiduciary security to a loan, in accordance to Law No. 42 of 1999 regarding fiduciary pledge/security and the Copyrights Law (Law No. 28 of 2014). The use of copyrights as a fiduciary security is made possible as copyright owner possess exclusive economic rights and not only moral rights. The procedure to be followed is regulated by Law No. 42 of 1999. The economic value of the copyright, is however, determined by the (potential) utilization of the object. In fact the value is calculated against the copyright holder’s right to remuneration or royalty.  Keywords: copyrights, security to a loan, fiduciary, moral and economic exclusive rights

PERIKATAN BERSYARAT DAN BEBERAPA PERMASALAHANNYA

Budiono, Herlien

Veritas et Justitia Vol 2, No 1 (2016)
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

Unpredictability is a factor which has always to be dealt with when making contracts and is related to some act (juridical) which may or may not happen. This unpredictability may be the result of an act/commission or ommission to be perfomed by an unknown person, known person or a third person.  In respons to this unpredicability, to a contract can be added a conditionality in which failure to meet certain conditions will result in postponement or cancellation.  Conditionality may also be employed in making one sided juridical acts, such as a will or a power of attorney. A contract in which one or both parties is required to obtain prior consent before the contract can be performed is a conditional contract.  A conditional contract differs from a contract with a time-limit and contract with an obligation.  In addition, there are impossible condition, inevitable condition, unlawful condition, indecent condition, potestatif condition, and incomprehensible condition. In regard to a will, attention must be given to the difference between fideï-commis and contract with an obligation. A contract with the conditionality of annulment also differs from an obligation to stand for a surety. The law regulation in articles 1266 and 1267 KUHPerdata acknowledges the conditionality related to annulment which is always assumed in reciprocal contract. Keywords:contract, agreement, conditional, annulment, postponement, unpredictable

ANALISIS PENERAPAN PRINSIP PERLINDUNGAN LANGSUNG DALAM PENYELENGGARAAN PENCATATAN CIPTAAN

Nurdahniar, Inda

Veritas et Justitia Vol 2, No 1 (2016)
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

This article deals with the problem arising out of copyright registration system which oftentimes leads to copyright disputes. The author argues that this dispute arises out of the possible conflict between automatic protection principle and the existing copyright registration system. Therefore, the author suggests that, in the case of copyright ownership dispute, registration should not be perceived as absolute evidence. Treating registration as absolute proof will instead violate the automatic protection system. Instead, the author suggests that other factors, such as publication of copyright, understanding of individuality concept, originality standards etc., should be taken into consideration as well, when determining copyright ownership. Keywords:automatic protection principle, copyrights registration, publication, individuality concept  originality standard

HARMONISASI HUKUM KONTRAK DAN DAMPAKNYA PADA HUKUM KONTRAK INDONESIA

Hutabarat, Samuel

Veritas et Justitia Vol 2, No 1 (2016)
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

International commercial contracts are contracts closed by parties coming from different countries or made under “foreign” legal systems. Parties may have different understandings about how to read the contract and therefore it is of importance to include in the contract a provision on settlement of disputes containing choice of forum and/or choice of law. A different way to prevent conflicts and disputes stemming from the interpretation and implementation of international commercial contracts is by way of harmonization of national contract laws. Indonesia as an active member of the international (commercial) community should take the initiative to do so.  In other words, revision of the existing Indonesian contract law is much needed.  Keywords: contract, harmonize, international commercial contract

MENGHADAPI QUALIFIED ASEAN BANK, INDONESIA: BEREKSPANSI ATAU BERTAHAN DI DALAM NEGERI?

Rismawati, Rismawati

Veritas et Justitia Vol 2, No 1 (2016)
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

ASEAN Qualified Bank (QAB) as a criterium to be met by national (private or public) banks to enter the ASEAN open market is part of the effort to liberalize  financial services and Banking Integration. Those national (private-public) banks which met the criteria shall be allowed to operate anywhere within the ASEAN countries and enjoy non-discriminative treatment. In this article the author analyze to what extent the Indonesian banks had responded to the demand made by QAB and compete at the regional level. Keywords: finance and banking services, ASEAN, AEC, QAB