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Veritas et Justitia
Articles by issue : Vol 3, No 1 (2017): Veritas et Justitia
10
Articles
KOMISI PENYIARAN INDONESIA SEBAGAI STATE AUXIALIARY BODIES YANG MENJAMIN SIARAN YANG LAYAK BAGI ANAK

Arliman S, Laurensius

Veritas et Justitia Vol 3, No 1 (2017): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

This article discusses a number of questions, i.e. regarding the role and function of the Indonesian Broadcasting Commission, established by Law no. 32 of 2002, as a state auxiliary body, in supervising Indonesian broadcasters; 2. The Commission’s role in guaranteeing the broadcast of material that are suitable for children; and 3. Offering inputs as to how to secure child-proof broadcasts. The Commission already issued a number of regulations in that respect but practice shows low compliance. Parents and adults should be more involved, pay more attention and offer guidance to children.

AUTENTISITAS SUMBER SEJARAH PANCASILA DALAM MASA SIDANG PERTAMA BADAN UNTUK MENYELIDIKI USAHA-USAHA PERSIAPAN KEMERDEKAAN TANGGAL 29 MEI-1 JUNI 1945

Hardinanto, Aris

Veritas et Justitia Vol 3, No 1 (2017): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

This article seeks to compares different ideas concerning Indonesian statehood as put forth by our founding father in sessions of the Dokuritsu Zyunbi Tyosa Kai (Investigating Body for Preparing Indonesias Independence). The author notes that there is doubt as of the authenticity of documents recording the debates and the speeches made during meetings held by this body (28 may-1 June 1945 & 10 July-17 July 1945).  On one side, there is the preparatory documents of the 1945 Constitution as issued by Muhammad Yamin and which is regarded by the State Secretariat as the one and only authentic source (from 1959-1992).  On the other hand, notes collected by Pringgodigdo and Yamin was latter used as the basis for the publication of the Body’s minutes of meetings in 1995.  The author observes that both collections (Yamin and Pringodidgo) differs in its exposure of ideas on the Indonesian statehood put forth during the Body’s meetings.

BEBERAPA MASALAH DALAM PENGIMPLEMENTASIAN KEWAJIBAN NEGARA INDONESIA DI BAWAH PERJANJIAN INTERNASIONAL KE DALAM HUKUM NASIONAL INDONESIA

Parthiana, I Wayan

Veritas et Justitia Vol 3, No 1 (2017): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

Indonesia had been involved in the making of quite a number of international treaties and had also ratified a certain number of treaties. The State’s international obligations and rights stipulated by those treaties at a certain point must be implemented by and through the national legal system. Two issues identified are how to situate or place international treaties within the hierarchal order of the Indonesian legislation and, secondly, how those international rights and obligations (as found in treaties) should be harmonized (and incorporated) into the national legal system. The author shall present a general overview of those issues and offer some recommendations for change.

HATE CRIMES DI INDONESIA DALAM PERSPEKTIF PERBANDINGAN HUKUM

Wulandari, Widati

Veritas et Justitia Vol 3, No 1 (2017): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

This article discusses the deficiency of the Indonesian criminal law with regard to the criminalization of hate crimes. Taking into consideration the fact that Indonesia faces a high incidence of social conflict due to rising intolerance and discrimination targeting minority groups.  The combination of (racial-ethnic-religious) discrimination and hatred against minority groups in most cases results in various forms of common crimes which generally is known as hate crimes. Using a comparative law method, by and between Indonesian criminal law and the criminal law of other countries experiencing hate crimes, the author highlights options for eradicating hate crimes. One important finding is the tendency of a number of countries to perceive hatred or prejudice which motivate the perpetrator of hate crimes as aggravating factor and not to as as separate substantive offence.

UPAYA KEBERATAN DALAM PENGADAAN BARANG/JASA PEMERINTAH DIKAITKAN DENGAN PRINSIP DALAM GOVERNMENT PROCUREMENT AGREEMENT

Budi Yulianto, Arief

Veritas et Justitia Vol 3, No 1 (2017): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

The Government Procurement Agreement (GPA), as part of agreements made within the purview of the  World Trade Organization (WTO), opens up the doors for foreign businesses to enter the domestic market of government procurement (goods/services).  Indonesia at present does not yet signed the GPA but decided to become an observer instead. Consequently, the government decides to harmonize its national laws regulating government procurement mechanism or procedure with the international standard (GPA). This article shows that there still exist a huge difference in how the national law regulates the public auction procedure (complaints, challenges and dispute resolution mechanism) with the GPA, which is used as a reference.  This situation should be dealt with should Indonesia decides to sign and ratify the GPA.

POSISI, TANTANGAN, DAN PROSPEK BAGI INDONESIA DALAM SISTEM PENYELESAIAN SENGKETA WTO

F. D. Sitanggang, Dyan

Veritas et Justitia Vol 3, No 1 (2017): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

The World Trade Organization (WTO) as the sole universal organization managing global trade between member-states has develop a dispute settlement mechanism to deal with disagreement related to the interpretation and/or implementation of reciprocal rights and duties in the economic field. However, the effectiveness of this system hinges on compliance of states to decisions reached.  Compliance in its turn are influenced by how parties to a dispute value the justness or equity of the final settlement.  This paper discusses WTO Dispute Settlement Understanding (DSU) and how Indonesia perceived and utilizes this forum to further its national interest.

DESAIN TATA LETAK SIRKUIT TERPADU DALAM PERSPEKTIF PERBANDINGAN HUKUM INTEREN

Sudjana, Sudjana

Veritas et Justitia Vol 3, No 1 (2017): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

The author discusses the legal protection of integrated circuit layout design as provided by Law 32/2000 and compares it with how the government regulates and protect other sorts of intellectual property rights (copyright, trademarks, patents, etc.). The purpose of this comparison is to reveal shortcomings as well as the strength of each different regulations. This study reveals that Law 32/2000 as compared to other IPR protections has yet to provide legal protection of inventor’s moral rights, priority rights as well as temporary decision.  At the same time, all regulations cannot be fully implemented due to the lack of or insufficient implementing regulations.

ASAS FREIES ERMESSEN DAN ASPEK PERPAJAKAN LEASING MENURUT KEPUTUSAN MENTERI KEUANGAN NO. 1169/KMK.01/1991 TENTANG KEGIATAN SEWA GUNA USAHA (LEASING)

Syofyan, Syofrin

Veritas et Justitia Vol 3, No 1 (2017): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

This article discusses the government’s role in granting tax incentives in support of the leasing business which in itself already functions as a financing instrument. The author purports to show how the government’s (the state administration’s) freedom in making policy rules based on the principle of freies ermessen is realized in the economic (tax) sector. The policy rules being discussed is the Ministry of Finance’ Decree no. 1169/KMK.01/1991 re. Leasing.  

MEKANISME PENEGAKAN HUKUM PERKARA PIDANA PORNOGRAFI MELALUI INTERNET

Christianto, Hwian

Veritas et Justitia Vol 3, No 1 (2017): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

Internet child pornography is criminalized in three different regulations, i.e. the Criminal Procedural Act (no. 8/1981), Electronic/Digital Information and Transaction Act (Act no. 11/2008) and Pornography Act (Act no. 44/2008).  As a result, law enforcers has to choose between these three different rulings and this may create uncertainty in which ruling from which act should prevail.  The author compares the above acts and reveals the comparative advantage of these three different acts in dealing with child pornography. The main finding here is that each act should be considered supplementary to each other and in combination should be enforced in such a way as to yield justice and legal certainty.

NILAI LOKAL SEBAGAI MODEL MEDIASI PERDATA DI INDONESIA

Zuhri, Lahmuddin, Syaifuddin, Endra

Veritas et Justitia Vol 3, No 1 (2017): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

Indonesian society in general does not view land only as economic capital, but perceive the value of land more from a cultural-ecological religious perspective. How land is valued from this perspective and the way it influences method of land dispute settlements at the local level may be used to develop alternate models of land dispute settlement at the national level.  A legal anthropological approach is used here to examine mediation as the basic approach to settle land disputes.  The main argument here is that mediation, which put forth local wisdom, consensus building with full society participation, should be prioritized in developing alternate methods of land dispute settlements.