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Veritas et Justitia
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DINAMIKA POLITIK HUKUM DALAM PEMENUHAN HAK ATAS KESEHATAN DI INDONESIA

Mardiansyah, Rico

Veritas et Justitia Vol 4, No 1 (2018): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

The right to health is widely recognized as basic human rights and consequently it is the state’s duty to guarantee its fulfilment.  The Indonesian government, in realization of this duty, develops and put in place a national health care (insurance) system, which successful working depend on citizens paying equal amount of the premium needed to sustain this public health care system.  However, the same state, in the context of social justice and welfare, provide poor citizens with monetary aid. This article discusses, by using a juridical normative approach, supplemented by an inter-multi disciplinary approach, the political dynamics underpinnings influencing the social or health care system’s implementation.

PORTRAITS IN INDONESIA: INTERNATIONAL REFUGEES FACE UNCERTAIN FUTURE (A STUDY OF INTERNATIONAL REFUGEE LAW)

Kadarudin, Kadarudin

Veritas et Justitia Vol 4, No 1 (2018): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

This paper discusses the issue of refugees from an international law perspective. It is known that Indonesia is not a party to either the 151 Refugee Convention as well as the 1967 Protocol, but mostly as transit country house a number of refugees running away from conflict areas in Myanmar, the Middle East and Afghanistan.  This legal research employs a juridical normative method.  By tracking down and analyzing all relevant legal sources it is revealed that Indonesia’s treatment of refuges is based on the general obligation to protect and honor human rights (on the basis of international minimum standard).  It is further recommended that Indonesia should actively support the global compact on refugees. 

PERATURAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2015 TENTANG TATA CARA PENYELESAIAN GUGATAN SEDERHANA SEBAGAI INSTRUMEN PERWUJUDAN ASAS PERADILAN SEDERHANA, CEPAT DAN BIAYA RINGAN

Riskawati, Shanti

Veritas et Justitia Vol 4, No 1 (2018): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

There is a need to conduct business transactions rapidly and in a quick perfunctory manner.  At the same time arose also the need to develop and implement a quick, simple and cost efficient business dispute settlement procedure.  In response to this need, the Indonesian Supreme Court issued regulation no. 2 of 2015 re. procedure for filing simple civil claims. The legal issue to be discussed here, using a juridical normative or dogmatic approach, is whether this regulation succeed in fulfilling its promise to provide for a quick, simple and cost efficient civil claim examination procedure? The answer to this question is sought, in addition to the method mentioned above, by comparing the procedure provided by the Supreme Court regulation with the existing model of civil claim court examination procedure.  By virtue of this comparison the strength and weakness of the Supreme Court dispute settlement model can be analyzed.

IMPLIKASI PERLINDUNGAN INDIKASI GEOGRAFIS BERDASARKAN UNDANG-UNDANG NOMOR 20 TAHUN 2016 TERHADAP PENGEMBANGAN EKONOMI LOKAL

Sudjana, Sudjana

Veritas et Justitia Vol 4, No 1 (2018): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

This study discusses, on the basis of analysis of Law No. 20 of 2016, the potential impact of Geographical Indication protection to local economy. By tracing other relevant laws and regulations, using in depth analysis of existing literature and other relevant qualitative data on the subject matter, the author argues that: (1) Law No. 20 of 2016 compared to the Law it replaces it more sufficient to provide protection and legal certainty to Geographical Indication beneficiaries; (2) Quite a number of potential Geographical Indications exist in Indonesia which deserve protection, especially in relation to its potential to support local economic development.

PERLINDUNGAN HUKUM TERHADAP KELOMPOK AGAMA MINORITAS DALAM HUKUM PIDANA INDONESIA

Sumika Putri, Nella

Veritas et Justitia Vol 4, No 1 (2018): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

Criminal law should provide protection to all citizens (individually or communities) without regard to their ethnicity, race or religion. In addition, it is also important that its implementation should be done non-discriminatively.  This research is done using a normative juridical approach. The most important finding is that a number of penal regulations (inter alia, prohibiting blasphemy, genocide or in the criminal code draft relating to extra-marital sex) in its implementation and enforcement results in discrimination or even worse persecution of minority groups. The author here argues that, in order to guarantee the principle of equal treatment before the law and protection of (religious) minority groups, those penal regulations should be harmonized and read within the context of other existing penal rules.

MASALAH METODOLOGIS ILMU HUKUM INDONESIA

Sebastian, Tanius

Veritas et Justitia Vol 4, No 1 (2018): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

This article is the result of an explorative study on methodological issues in Indonesian legal science.  It uses a literature review to trace current debate on three interrelated issues concerning legal scholarship, legal development and legal pluralism. Each of these issues will be juxtaposes to contemporary legal discourse. Separately the issue of legal scholarship will be just apose to the praxis of legal research methodology and legal education; legal development to “law and development” paradigm; legal pluralism to rule of law. The author follows the legal thinking tradition employed by influential legal scholars: Paul Scholten, Soediman Kartohadiprodjo and B. Arief Sidharta. The standing of other prominent legal authors such as Mochtar Kusuma-Atmadja and Soetandyo Wignyosoebroto, to the extent that their ideas are relevant to this article, will be briefly discussed.

EKSISTENSI KEADILAN DALAM KONSTITUSI

kartika, adhitya widya

Veritas et Justitia Vol 4, No 1 (2018): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

Any forest ecosystem, as part of the natural environment is home to diverse animal and plant life. But existence of forest, especially rain forest, are threatened by the need to meet human insatiable demands. The constitution, on the other hand, demands the preservation of forest environment (inclusive protecting the human rights to a clean and healthy environment), the management of which is entrusted to central as well as regional-local government. Using the concept of justice as a key point, the conflict between the need to preserve and exploitation of forest resources to meet human needs shall be discussed here. This paper, using a library research and juridical dogmatic approach, attempts to trace how environmental justice is perceived in the context of the above conflicting demands.

URGENSI PERLINDUNGANDATA PRIVASIDALAM ERA EKONOMI DIGITAL DI INDONESIA

Dewi Rosadi, Sinta, Gumelar Pratama, Garry

Veritas et Justitia Vol 4, No 1 (2018): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

As a prerequisite to enter into the digital economic system, the government should be able to guarantee and secure public trust in online transactions and communications.  At the same time the need arise to secure and protect privacy and personal data. The author, utilizing a juridical normative or dogmatic approach,discusses the issue how the Indonesian government should provide better and more reliable protection of privacy and personal data. Notwithstanding the existence of a number of rules from different Acts which provides for such protection, these are considered not sufficient in providing certainty in the digital era. The authors main argument is that a legal instrument providing privacy and personal data protection should fulfil three criteria: (1) possessing international character; (2) protecting privacy and personal data as a positive right; and (3) function to co-relate individual to the economic community as such.

ANALISIS NILAI KEADILAN RESTORATIF PADA PENERAPAN HUKUM ADAT DI INDONESIA

Tsurayya Istiqamah, Destri

Veritas et Justitia Vol 4, No 1 (2018): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

Already in 2014, restorative justice as a distinct approach within the general criminal justice system had been used as the basis to treat child victims and offenders (the child protection Act of 2014).  Nonetheless it is worth noticing that long before the promulgation of this Act, restorative justice has been used and is embedded in the living law of the Indonesian indigenous populations. This paper, using a descriptive analytical method, shall elaborate upon those traditional values found in the living law of the indigenous populations which resembles or reflects a restorative justice approach. In addition the author argues that this approach should also be used outside the limited scope of children criminal justice system. 

THE LEGAL ASPECT OF CREDIT WITHOUT COLLATERAL IN INDONESIA (ASPEK HUKUM KREDIT TANPA AGUNAN DI INDONESIA)

Novenanty, Wurianalya Maria

Veritas et Justitia Vol 4, No 1 (2018): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

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Abstract

Using a legal normative approach,it can be stated that Act no. 10 of 1998 (amending Act No. 7 of 1992 re. Banking), in the event Bank considers loans or other financial schemes application, they are under the obligation, in accordance with Art. 8 of Act  no. 10 of 1998, conduct a thorough analysis of the debtor’s good faith, financial ability and willingness, and on that basis determine the risk of non-payment. In short, implement due care principles. The elucidation of Art. 8 elaborated on the bank’s duties: to decide wisely with due care in order to minimize the risk of default, that is by evaluating debtor’s character, capital in his/her possession, collateral offered, and economical/financial condition.  In legal practice, however, it is possible for Banks to offer loans without collateral. In such case, only two articles of the Indonesian Civil Code (arts. 1131 and 1132) would be applicable to offer protection against possible default. This paper discusses the above legal discrepancy in light of the role and function of collateral as protection against non-payment.