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Veritas et Justitia
Articles by issue : Vol 3, No 2 (2017): Veritas et Justitia
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Articles
ISLAM DAN INDONESIA ABAD XIII-XX M DALAM PERSPEKTIF SEJARAH HUKUM

Fadhly, Fabian

Veritas et Justitia Vol 3, No 2 (2017): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

Islam and Indonesia are a mutually supportive part of both, the reality of history shows the circumstances. Islam became part of Indonesia that was known at that time as the archipelago, the various Islamic teachings seep into a part of Indonesian society. Law as one of his teachings known as fiqh, then translated into Islamic law in the context of Indonesia today. Islamic law experienced a long journey from the era of the sultanate to the modern era, with various changes and developments follow the times and needs of the society of Islamic law itself. The method put forward in this paper is a historical method with a juridical approach. The demarcation of time and time that permeates Islam from time to time in extending its influence, to the various behaviors of Indonesian society through the long historical journey. The timing also indicates that Islam is a part of synergy through Islamic law with Indonesian society (Nusantara), as the context of the understanding or adaptive transformation of fiqih that emerges and develops in the Sultanate era as a form of manifestation of fiqh in the classical period.

KRITIK TERHADAP PENERAPAN PASAL 156a KUHP DITINJAU DARI PERSPEKTIF KEHIDUPAN DEMOKRASI DI INDONESIA

Dian Andriasari, Dian

Veritas et Justitia Vol 3, No 2 (2017): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

Since long time every application of Article 156a of the Criminal Code has always caused social tension, social situation becomes very sensitive. These conditions lead to social conflicts. The issue of religion then became a commodity in the narrative of the mass media, into a debate. In the end in some cases, it always attributes the threat of democratic life. Conflict in the name of religion also surfaced, at least social tension raised after the Judges decision by using the article. Religion is a problem that can not be separated from what should and what is real. These two things will continue to develop whereby dialectics may occur between them. If in the past religion was seen to be close to some elements of society, there was a growing tendency to recognize the differentiation between these elements and to legitimize the division of labor between the elements. But this differentiation is not accepted by all religious communities. The states hegemony against religion is more often the legitimacy of violence and unilateral truth claims. Debate about it then led to a lot of interpretation, cross interpretation of the dispute then led to the court using the criminal justice system approach. Here is the Law as the result of social process, which should be studied as a social reality, indicating that there is a need to broaden the perspective, meaning not only to understand the rule of law from the point of logical consistency of the rules only, but also to be viewed from aspects of the process of human relations in society both individually and institutionally. Using the sociological juridical approach, the author tries to discuss how the effect of the application of article 156a of the Criminal Code in the life of democracy in Indonesia and how the prospect of future arrangement related to the formulation of religious offense in the perspective of ius constituendum.

KONSEPSI HAK MASYARAKAT HUKUM ADAT SEBAGAI HAK ASASI MANUSIA DALAM PERATURAN PERUNDANG-UNDANGAN DI INDONESIA

Zein, Yahya Ahmad, Nurvianti, Dewi

Veritas et Justitia Vol 3, No 2 (2017): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

This article discusses the "conception of adat law community rights as a human right. The purpose of writing this article is to know the conception of customary law community as a human right, with limited review of legislation relating to the topic.This article is important to publish, considering many issues that arise related to the rights of adat law community. Starting from the use of the term to the fulfillment of the rights of adat law community. As known that until now there has been no legislation that specifically regulates the rights of adat law community. In the highest regulation under Article 18 B paragraph 2 and Article 28 I paragraph 3 of the 1945 Constitution, the rights of adat law community are further regulated in several laws and regulations, so that it will be difficult to identify what rights should be met by countries for the fulfillment of the rights of adat law community.This article discusses some statutory legislation in Indonesia which is the foundation for accommodating customary law community rights which are human rights where the fulfillment must be done by the state.

Revenge porn sebagai Kejahatan Kesusilaan Khusus: perspektif Sobural

Christianto, Hwian

Veritas et Justitia Vol 3, No 2 (2017): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

Revenge porn is a new growing modus operandi of crime in society. Law enforcement still considers porn revenge as a pornographic crime in general as it is an activity of disseminating information that violates decency. Approach used by law enforcement in assessing revenge porn is still limited to  formal juridical approach without considering the characteristics of porn revenge that substantive justice is not fulfilled. As part of a full understanding of porn revenge, a Criminological understanding of the Sobural approach is made. Two issues to be studied are (1) what is the significance of using the Sobural approach? And  (2) Is revenge porn a decency crime based on the Sobural approach? Empirical  juridical research method is used in this study by basing on a primer in the form of legislation supported by criminal law theory related to revenge porn. Exposure from primary data is associated with secondary data in the form of Judge Judgment to see understanding of defeating of revenge porn by a judge.  The results of the study show that criminological understanding of porn revenge provides a very significant different approach in criminal law. Revenge porn is judged by the context of the community in which the perpetrators and acts of revenge porn are performed. Sobural (Social, Cultural and Structural) approach affirms contextual assessment of porn revenge based on social values, cultural values and structural factors of society. The approach of these three elements has a close correlation with the moral norms as the measure of defamation of crime of pornography as a decency crime. The integration of the Sobural approach to the understanding of moral norms in assessing porn revenge will provide an opportunity for the enforcement of living laws in society.

FAKTOR PENYEBAB PENYIMPANGAN TATA RUANG (STUDI PEMBANGUNAN CONDOMINIUM) DI KOTA BANDUNG

Isradjuningtias, Agri Chairunisa

Veritas et Justitia Vol 3, No 2 (2017): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

Condominium development is the answer for those who need a place to live, but not a few whose development was violate the laws and regulations related to spatial planning, then this research is on behalf to anticipate the causes of spatial deviation by using socio legal research method. Based on the research that has been carried out found the factors that cause spatial deviation (Study of Condominium Development) in Bandung are Citizen Factors, Government Factors and Market Strength Factors in which these three factors are not stand-alone but become a linkage that can not be separated from one another.

THE LEGALITY OF STATE’S PEACETIME MILITARY ACTIVITIES

Ramon, Adrianus Adityo Vito

Veritas et Justitia Vol 3, No 2 (2017): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

AbstractThe research argue that in the absence of an internationally negotiated provisions that explicitly regulate foreign peacetime military activities in the Exclusive Economic Zone (EEZ) of another States, States should consider the incident case per case as well as may employed the guideline prepared by highly reputed international legal scholars. This is essential to avoid unnecessary conflict between the Coastal State and the State conducting military activities in the EEZ. The aforementioned conclusion is reached by first analysing the definition of the peacetime military activities of the State. The research would also examine the negotiation process and its negotiated provisions of the United Nations Convention on the Law of the Sea (UNCLOS) 1982 resulted from the negotiation, regulating EEZ. Subsequently, the research would examining of the practice of the States interpreting the UNCLOS 1982’s EEZ provisions, including providing the options as an interim solutions for the void in the legal instruments in the matter.  

PERKEMBANGAN ILMU HUKUM PIDANA KORPORASI DIHUBUNGKAN DENGAN PENDIDIKAN HUKUM BERKELANJUTAN BAGI ADVOKAT

sirait, timbo mangaranap

Veritas et Justitia Vol 3, No 2 (2017): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

The growing sociological development of corporations that engage in criminal acts has led to various jurisdictions of the State designing policies on how to prevent and repress crime and protect the public. The implication of corporation criminal law is growing. This research conducted with normative juridical method, and concluded that The Advocate profession organizations needs to conduct continuous legal education on (candidate) advocate in cooperation with faculty of law, so that advocate as profession “Officium Nobile” can always awake his dignity because it can play a high role in law enforcement and justice in the latest.

Aspek Hukum Rekam Medis atau Rekam Medis Elektronik sebagai Alat Bukti Dalam Transaksi Teurapetik

Sudjana, Sudjana

Veritas et Justitia Vol 3, No 2 (2017): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

This study aims to obtain information on: first, the obligation to create and conceal Electronic Medical Record and its juridical consequences; Secondly, due to the law of absence or error in the manufacture of Electronic Medical Records and the position of Electronic Medical Record as a tool in the theoretical transactions.The research method used is normative juridical approach method, analytical descriptive research specification, research phase is done through literature study to examine primary law material, secondary law material, and tertiary law material. Data collection techniques are conducted through document studies, conducted by reviewing documents on positive law. Furthermore, the method of data analysis is done through normative qualitative.The results of the study indicate: Legal aspects of Medical Record or Electronic Medical Record   in Teurapetik Transactions related to: first, the obligation of health workers in coaching and health services to make Medical Record or Electronic Medical Record correctly and responsible for secrecy because it is the opening of Medical Record or Electronic Medical Record without With the permission of the patient having the consequences of criminal law. The absence or misuse of the Medical Record or Electronic Medical Record means that health workers may be subject to criminal, civil and administrative sanctions. Second, the position of  Medical Record or Electronic Medical Record is evidence in the form of a letter (if given outside the court), and expert information (if delivered in court).

PEMBAHARUAN SANKSI PAJAK SEBAGAI UPAYA MENGOPTIMALKAN PENERIMAAN NEGARA

Cahyadini, Amelia, Arta Atmaja, Budi, Oka Margana, Indra

Veritas et Justitia Vol 3, No 2 (2017): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

This paper examines about sanctions against the perpetrators of criminal acts in the field of taxation, where the position of criminal sanctions to be an interesting thing to see discussed up to now unknown tax ratio of Indonesia is still low when the tax It is the biggest contributor to the countrys acceptance of Indonesia. The provisions of related criminal sanctions are also interesting when they are related to article 44B Act No. 28 of 2007 General provisions and Taxation Procedures in which the termination of the investigation can be carried out at the request of the Minister Finance to the Attorney General against Taxpayers who have tax debt that is not or less is paid in the form of administrative sanction plus a fine of four times the amount of tax that is not or less paid. The authors recommend several ideas that can be made of the Government in formulating the existing regulation back to fit the circumstances and conditions that occur and are able to meet the communitys sense of fairness.

Upaya Hukum Terhadap Pelanggaran Hak-Hak Konstitusional Warga Negara Melalui Pengaduan Konstitusional (Constitutional Complaint)

Purnamasari, Galuh Candra

Veritas et Justitia Vol 3, No 2 (2017): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

Tulisan ini membahas mengenai konsep constitutional complaint sebagai upaya hukum terhadap pelanggaran hak-hak konstitusional warga negara. Dalam perkembangan demokrasi di Indonesia, perlindungan hak konstitusional menjadi salah satu isu konstitusional yang mendasar. Pelanggaran terhadap hak konstitusional tidak hanya melalui ketentuan normatif dalam suatu undang-undang, tetapi juga dapat terjadi melalui tindakan dari penguasa maupun oleh pihak-pihak lain. Gagasan terhadap masukan constitutional complaint ke dalam ranah Mahkamah Konstitusi telah menjadi isu tersendiri yang masih menimbulkan sejumlah persoalan. Penilaian terhadap urgensi gagasan untuk menetapkan penanganan perkara constitutional complaint ke dalam kewenangan Mahkamah Konstitusi, mekanisme constitutional complaint yang sesuai dengan ketatanegaraan Indonesia, serta perkembangan dan pemahaman hukum masyarakat Indonesia atas constitutional complaint menjadi permasalahan yang harus dipertimbangkan apabila ke depannya Indonesia akan memiliki lingkup kekuasaan kehakiman dengan kewenangan untuk menangani perkara constitutional complaint.Kata Kunci: Hak Konstitusional, Constitutional Complaint, Mahkamah Konstitusi