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Veritas et Justitia
Articles by issue : Vol 4, No 2 (2018): VERITAS ET JUSTITIA
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Articles
POLITIK HUKUM CAGAR BUDAYA DALAM PERLINDUNGAN IDENTITAS BANGSA INDONESIA

Arifin, Hafidz Putra

Veritas et Justitia Vol 4, No 2 (2018): VERITAS ET JUSTITIA
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

The 1945 Constitution contain a ruling obligating the government to protect and preserve all cultural objects, manifestation of the nation’s culture, as cultural heritage.  It is conceded that the political will as reflected in regulations made from time to time on the protection of the nation’s cultural heritage are oriented towards preservation of the Indonesian identity and furthering social welfare. In reality however, cultural heritage objects are vulnerable to looting, willful destruction or lack of care. Using a juridical normative method, the author shall examine existing rules and regulation regarding protection of cultural heritage.  One important finding from this research is that low quality of cultural heritage protection is the result of low societal understanding of the importance of cultural heritage in the making of the national identity.

KEBIJAKAN OPTIMASI PAJAK PENGHASILAN DALAM KEGIATAN E-COMMERCE

Cahyadini, Amelia, Oka Margana, Indra

Veritas et Justitia Vol 4, No 2 (2018): VERITAS ET JUSTITIA
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

E-commerce poses a challenge to establishing a viable tax system.  The Indonesian Directorate General of Taxes have yet to establish a viable data collection system on the number of active e-commerce business persons and how much they earn annually.  The main question to be discussed here is how tax income regulation in Indonesia responds to e-commerce activities, taking into consideration the existing self-assessment system? The author shall attempt to answer this question by using a juridical normative approach. This research leads to one recommendation, i.e. to improve government revenue from e-commerce tax in Indonesia a rule should be established obligating e-commerce actors to obtain certificate of reliability (trust mark). This will improve government and public monitoring capability.

IMPLIKASI DOKTRIN “FAIR USE” TERHADAP PENGEMBANGAN ILMU PENGETAHUAN OLEH AKADEMISI (DOSEN) ATAU PENELITI DALAM PERSPEKTIF HUKUM HAK CIPTA

Sudjana, Sudjana

Veritas et Justitia Vol 4, No 2 (2018): VERITAS ET JUSTITIA
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

In this article the author discusses the fair use (Art. 43-49 Law 28/2014 re. copyright) in relation scientific work performed by lecturers and researchers.  This legal discourse in the field of copyright law will be performed using a juridical normative approach. One important finding is that the fair use doctrine allows lecturers and researchers to utilize copyright protected work from others – in the name of scientific progress or educational purposes – without having to obtain prior consent or license. Nonetheless, user of copyright protected works must pay attention to reasonable interest of copyright holder, the meaning of which is left to legal practice.

PEROLEHAN TANAH OBYEK REFORMA AGRARIA (TORA) YANG BERASAL DARI KAWASAN HUTAN: PERMASALAHAN DAN PENGATURANNYA

Nurlinda, Ida

Veritas et Justitia Vol 4, No 2 (2018): VERITAS ET JUSTITIA
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

Agrarian reform is in essence a government policy attempting to restructure land ownership and control.  President Jokowi’s government set the target of 9 million hectares of which 4.1 million hectares is classified formerly as forest land.  It was and still is no easy task. But this agrarian reform, involving mostly change of ownership of forest land and redistribution, is considered necessary as part of effort to guarantee society’s welfare. This article purports to analyse the legal framework of forest land release and related problems. To do that a juridical dogmatic approach will be used and with secondary data as primary source of information.  The main finding of this research is that real problems arises in the context of implementing the Environmental and Forest Ministerial Decree Number180/Menlhk/Setjen/kum.1/4/2017 which provides guidance in regard the procedure and requirements to be met for forest land release. In the case that in the process, land ownership dispute arose, stakeholders should seek guidance from Presidential RegulationNumber  88/2017 regarding Settlement of Land Management/Ownership in Forest Land.

PENGANIAYAAN TERHADAP NARAPIDANA PELAKU PERKOSAAN YANG MENGALAMI LABEL NEGATIF DI LEMBAGA PEMASYARAKATAN (STUDI DI LEMBAGA PEMASYARAKATAN WIROGUNAN YOGYAKARTA)

Martha, Aroma Elmina, Khoirunnas, Chandra

Veritas et Justitia Vol 4, No 2 (2018): VERITAS ET JUSTITIA
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

This article is a case study on the legal issues surrounding beatings and torture suffered by rape offenders incarcerated in the Wirogunan Prison, Yogyyakarta.  Purpose of this research is to identify profile of perpetrator and determinate what factors are behind this deviant behaviour.  This research uses a criminological method or approach. Data has been obtained from direct observation, expert interviews and literature review.  One of the important findings is that beatings and torture of rape offenders are justified by the general inmates on the basis of negative labelling given toward the offender and his crime.

KONTROVERSI STRICT LIABILITY DALAM HUKUM PERLINDUNGAN KONSUMEN

Gunawan, Johannes

Veritas et Justitia Vol 4, No 2 (2018): VERITAS ET JUSTITIA
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

This paper, using a comparative law method, discusses the controversy concerning the meaning and interpretation of strict liability as found in the Indonesian Consumer Protection Law.  How in Indonesia this concept is understood will be compared to how the same concept (strict liability) is developed within the Dutch civil law system and the common law system (especially in the United Kingdom(UK)and United State of America (USA)).  A brief description of the meaning and development of the concept in Indonesia will be given, including the historical trajectory of the concept within those different systems and the important case laws in the Netherlands, UK and USA.  All this will provide a background for the author to discuss and criticize the strict liability concept as found regulated in Law No. 8 of 199 on Consumer Protection.

INKONSISTENSI PENERAPAN PRINSIP INDEPENDENSI KEKUASAAN KEHAKIMAN DALAM PELAKSANAAN SELEKSI CALON HAKIM

Azhar, Ikhsan

Veritas et Justitia Vol 4, No 2 (2018): VERITAS ET JUSTITIA
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

The general public in 2017 hotly debated the implemented selection process of Judges. The focus is on the issue of government involvement in the selection process which potentially jeopardize the judiciary’s independence.  In discussing this particular issue, the author uses a juridical normative or dogmatic approach and other data is collected by the use of library research . In addition, the author also compares the existing policy and rules/regulation concerning judge selection from different government’ era (the Old & New Order). A number of conclusions can be drawn from this comparison, i.e. that during the Old dan New Order Government, the judiciary was never considered independent. The government on a regular basis intervene in the selection process, appointment and placement of judges and have a strong say in their professional carrer path.  In contrast, only after the fall of the New Order Government, did the Judiciary enjoy independence which is guaranteed by virtue of Law 35/1999 and the 1945 Constitution (amended version).  Unfortunately though the Supreme Court decide to bring back in the government in the selection process and in doing that jeopardize the judicary’s independence.

SISTEM EKONOMI INDONESIA DALAM PERSPEKTIF PANCASILA DAN UUD 1945

Pratama, Agung Rifqi

Veritas et Justitia Vol 4, No 2 (2018): VERITAS ET JUSTITIA
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

The focus of this article, using a juridical normatif and philosophical approach, is in tracking how Article 33 of the Indonesian Constitution is understood and how the Pancasila economic system (based on the five tenets of the State’s ideology) is being implemented by a number of exisitng economic policies. While the Article should be regarded as the embedodiment of Indonesian economic policy, it cannot be denied that the understanding of  it evolved and changed following the 4thamendment to the Constitution. It is observed that the 4thamendment to the 1945 Constitution have had a great impact on the direction taken by the Indonesian economic policy makers.  In using a juridical normative approach we are forced to take the position that Pancasila economic system as found in the Constitution should be followed by the letter in real economic policy making. On the other hand, just to do that, we cannot but realize the need for the existence of government political will.

KEPATUHAN HUKUM IBU TERHADAP KETENTUAN PIDANA TERKAIT PERBUATAN YANG MENGAKIBATKAN PENDERITAAN PSIKIS ANAK

Windayani, Tisa

Veritas et Justitia Vol 4, No 2 (2018): VERITAS ET JUSTITIA
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

Art 80 and Art 76C  of Law No. 35/2014 purports to protect children from domestic violence (including most importantly those committed by the mother of the child).  This article using empirical juridical purports to analyze what factors are influential in determining compliance.  Primary data is collected using purposive sampling technique and subsequently is analyzed qualitatively.  The main result of the research is that avoidance of penal sanction is not a significant role in determining legal compliance.  More significant or influential are factors such as the extent or level of understanding the rule’s purpose or values behind the existing rule (prohibiting domestic violence), the need to maintain good relationship with the child; identification of the mother with certain groups in society and personal values. 

MODIFICATION OF PUBLIC CONTRACT: BETWEEN RULE OF FAIR COMPETITION AND FREEDOM OF CONTRACT PRINCIPLE

Saputri, Theodora Pritadianing

Veritas et Justitia Vol 4, No 2 (2018): VERITAS ET JUSTITIA
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

It is internationally accepted that public procurement procedure and public contract shall be organized in accordance with the fair competition principle and fulfil the requirement of transparency. Public procurement regulations are necessary to secure the efficient use of taxpayer resources by the government in purchasing goods, services and works from the market and to ensure fair competition among the public contract should be protected and that therefore it would be necessary to amend existing regulations which prohibit or restrict this right derived from freedom of contract.  In addition, law makers should also put in place restriction with regard to corporate restructuring which main intention is to circumvent requirements of tender documents.