Veteran Law Review
ISSN : 26551594     EISSN : 26551608
The aims of this journal is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Adat Law, Environmental Law and another section related contemporary issues in law.
Articles 9 Documents
Indonesia’s Criminal Law Policy On The Victim Of Narcotics Abuse In The Perspective Of Victimology

Ariyanti, Vivi

Veteran Law Review Vol 1, No 1 (2018): November
Publisher : Faculty of Law, Pembangunan Nasional Veteran Jakarta University

Show Abstract | Original Source | Check in Google Scholar | Full PDF (403.185 KB) | DOI: 10.35586/velrev.v1i1.391

Abstract

The design constructed by the formulation in the Law No. 35 of 2009 concerning Narcotics is that addicts and victims of narcotics abuse are given punitive measures (i.e. medical rehabilitation and social rehabilitation), whereas non-addicted narcotics abuse is given a criminal penalty. Parameters of narcotic abuse victims in the Law No. 35 of 2009 are very restricted and they are difficult to prove. Therefore, in addition to using the law, law enforcement officials also use other rules to determine the parameters of victims of drug abuse. The Law No. 35/2009, and also the law enforcement officers, uses the positivist victimology paradigm that places narcotics abusers as both perpetrators of crimes and victims of their own actions (self-victimizing victims). Meanwhile, according to radical victimology paradigm, narcotics abusers belong to precipitative victims. Based on that, this study recommend that the law formulation need to be made on the definition of drug abuse victims with the concept of depenalization, i.e. future criminal law policy includes narcotics abusers into victims who are required to undergo medical and social rehabilitation.

Country Independence Of State-Owned Enterprises: Relationship Between Private Law And Public Law

Arifardhani, Yoyo

Veteran Law Review Vol 1, No 1 (2018): November
Publisher : Faculty of Law, Pembangunan Nasional Veteran Jakarta University

Show Abstract | Original Source | Check in Google Scholar | Full PDF (329.221 KB) | DOI: 10.35586/velrev.v1i1.395

Abstract

BUMN is a business entity that all or part of its capital is owned by the state through direct participation from separated state assets. Based on its duties and responsibilities, BUMN has an important role in helping the government carry out the tasks of national economic development. This independence and professionalism are interpreted as free political interference in the operations of state-owned enterprises that can prevent BUMN from carrying out its duties and functions. The realization of the professionalism of this BUMN is challenged by two aspects, namely at the level of law and economic politics. The legal position of BUMN today is inseparable from the concept of state finances. The concept of state losses can be found in the State Finance Law and in more detail regulated in the State Treasury Law. Article 35 of the State Finance Law.

Legal Implementation On Land Border Management Between Indonesia And Papua New Guinea According to Stephen B. Jones Theory

Sudika Mangku, Dewa Gede

Veteran Law Review Vol 1, No 1 (2018): November
Publisher : Faculty of Law, Pembangunan Nasional Veteran Jakarta University

Show Abstract | Original Source | Check in Google Scholar | Full PDF (463.376 KB) | DOI: 10.35586/velrev.v1i1.393

Abstract

In the opinion of Stephen B. Jones the management of the border consists of (1) allocation, (2) delimitation, (3) the demarcation of boundaries in the field, and (4) boundary administration. The land border between Indonesia and Papua New Guinea has been arranged inside Memorandum of Understanding In Respect of The Land Boundary on The Island of Irian (New Guinea) and The Territorial Sea and Seabed Boundaries Immediately South of That Islands; Protocol about Report of Conference on Certain Seabed Boundaries Between Indonesia and Australia and Certain Seabed and Territorial Boundaries Between Indonesia and Papua New Guinea; Agreement between Indonesia and Australia concerning Certain Boundaries between Indonesia and Papua New Guinea; Memorandum of Understanding between The Government of The Republic of Indonesia and the Government of The Australia/Papua New Guinea concerning Administrative Border Arrangements; Agreement between the Government of Indonesia and the Government of Australia (Acting on Its own Behalf and on Behalf of the Government of Papua New Guinea) concerning Administrative Border Arrangements as to the Border between Papua New Guinea and Indonesia. This regulation is used as the basis for managing land borders between Indonesia and Papua New Guinea based on the opinion of Stephen B. Jones.

The Existence Of Adat Law Related To Land Right Transaction After Unification Of Indonesian Agrarian Law: The Problem Of Legal Transplant

Joesoef, Iwan Erar

Veteran Law Review Vol 1, No 1 (2018): November
Publisher : Faculty of Law, Pembangunan Nasional Veteran Jakarta University

Show Abstract | Original Source | Check in Google Scholar | Full PDF (285.307 KB) | DOI: 10.35586/velrev.v1i1.390

Abstract

Legal transaction related to land still facing some problem in its implementation after government of Indonesia appointed Law No. 5 Year 1960 concerning Basic Regulations on Agrarian Principles. The main problem is, in one side, such Law No. 5 Year of 1960 is based on the Adat Law concept as the Indonesian Living Law, and the other side is, in modern practicing of transaction of which using Western Law concept as global main stream which are transplanted into the National Positive Regulation including National Positive Land Law. The legal questions are how about the existence and its implementation of Adat Law concept especially the conception of land right transfer (“Terang, Riil dan Tunai”) concept and how should the government to take legal transplant of such concepts simultaneously (Adat Law and Western Law) which giving the legal certainty for both parties under National Positive Land Law. This conceptual article will elaborate how to make a good academic of legal transplant as Otto Kahn-Freund says that the laws should suit with the society of which the laws is made.

The Role Of Judicial Review In Protecting Religious Minority Rights In Indonesia

Maula, Bani Syarif

Veteran Law Review Vol 1, No 1 (2018): November
Publisher : Faculty of Law, Pembangunan Nasional Veteran Jakarta University

Show Abstract | Original Source | Check in Google Scholar | Full PDF (244.639 KB) | DOI: 10.35586/velrev.v1i1.389

Abstract

Indonesia is a predominantly Muslim country, and Muslims in this country live in a pluralistic society harmoniously in their daily life. The absence of any reference to Islam in the Constitution shows that Indonesia is open to all religions besides Islam. The harmony of relationship among religious followers is preserved in the Indonesian constitution that acknowledges all of citizens have the religious freedom, which the state has to respect, protect and fulfill. The general idea of preserving the rights of religious freedom lies in the history of protecting religious minorities, and it is universally acceptable as one of the foundations of a democratic society. Therefore, ideally, a law which limits civil rights should never threaten the freedom of thought, conscience and religion, or impose limitations to those rights solely on the grounds of religious, political or other views. If the notion of protecting rights is as such, then the question arises is what mechanism can protect human rights as constitutional rights of citizens? The best legal mechanism in this context is to challenge the state and constitutional issues through the courts by means of the judicial review. This paper examines whether the judicial review as one of the best mechanisms to protect constitutional rights of citizens can be a concrete way to deal with human rights protection by challenging the state through the court. This paper concludes that the judicial review of executive acts and legislative power is very likely to be able to protect religious minority rights in Indonesia.

Table of Contents

Board, Editorial

Veteran Law Review Vol 1, No 1 (2018): November
Publisher : Faculty of Law, Pembangunan Nasional Veteran Jakarta University

Show Abstract | Original Source | Check in Google Scholar | | DOI: 10.35586/velrev.v1i1.387

Abstract

Table of Contents

The Concept Of Maslahah By Al-Imam Malik And Al-Imam Al-Tufi

-, Nasiri, Ulum, Miftahul

Veteran Law Review Vol 2, No 1 (2019): Mei
Publisher : Faculty of Law, Pembangunan Nasional Veteran Jakarta University

Show Abstract | Original Source | Check in Google Scholar | | DOI: 10.35586/velrev.v2i1.689

Abstract

Among the sources of Islamic law which is still disputed by Scholars argument is maslahah.  Some scholars reject it, but most agree to make maslahah as one of the sources of Islamic law in matters of ijtihad. Imam Malik considered as a Pioneer Scholar who makes maslahah as one source of his law ijtihad. His view was followed by the other Scholars, one of whom is Najm al-Din al-Tufi, acleric' Hambali.  However, the two leaders of thought are not the same, even in certain cases the difference is very sharp, although in certain parts have in common. In the view of Malik, maslahah serve as a source of  Islamic law in matters which are not discussed formally by nas and ijma ', but must not conflict with the spirit of the passage as a whole. In contrast, al-Tufi used maslahah both in matters discussed by nas/ijma’ or not. As for the area of applying maslahah, both agree that maslahah is only used in the matter of mu'amalah.

The Importance in Providing Country of Origin Information on E-Commerce Platforms to Fulfill Consumer Rights in Indonesia

Ridwan, Muhammad, Rizky, Said Muhammad

Veteran Law Review Vol 2, No 1 (2019): Mei
Publisher : Faculty of Law, Pembangunan Nasional Veteran Jakarta University

Show Abstract | Original Source | Check in Google Scholar | | DOI: 10.35586/velrev.v2i1.778

Abstract

One of the threats of using the e-commerce system in Indonesian business sectors are the lack of goods and/or services information provided in the e-commerce platform, especially the country of origin information. The general standard of information that should be provided to consumers includes price, quality, and other information that can help consumers decide what to buy according to their needs and the quality of goods. The purpose of this study is to identify the importance of country of origin information in e-commerce platform based on consumer’s view. We used juridical-empirical research to find out how the implementation of a regulation. The primary sources were collected by observation method to the e-commerce platforms and survey method to the e-commerce customers. Based on theories and results, we conclude that country of origin information is important and should be provided by the merchants in the e-commerce platform. Providing country of origin information in e-commerce platform may benefit consumers and also may benefit e-commerce providers and merchants. The government needs to issue a new regulation to make e-commerce providers obligated to provide country of origin information for all of the products that their merchant sold. We also suggest the e-commerce providers to voluntarily and consciously requiring merchants selling on the platform to include country of origin information.

The Implementation of Economic and Social Council's Duties as a United Nations Organs

Rais, Natasya Fila

Veteran Law Review Vol 2, No 1 (2019): Mei
Publisher : Faculty of Law, Pembangunan Nasional Veteran Jakarta University

Show Abstract | Original Source | Check in Google Scholar | | DOI: 10.35586/velrev.v2i1.749

Abstract

This article will describe the history of the Economic and Social Council based on the documents underlying the establishment of the Economic and Social Council. In addition, the duties and authority of the Economic and Social Council as a committee of the United Nations will also be explained in this article, as well as the roles of the Economic and Social Council in cooperation with the agencies of the United Nations, which not only affect the continuity of the United Nations, but also affect the lives of the subjects of international law. The paper also comes with an analysis of the duties and authority of the Economic and Social Council as a committee of the United Nations. Other than that, analysis regarding the implementation of the role of the Economic and Social Council in cooperation with the agencies of the United Nations others joined outlined in this paper. It is expected that the contents of this paper can be useful not only as a reference for the learning process, but also as a form of contribution to the related sciences Law International and Regional Organizations.

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