Veritas et Justitia
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MUTASI: BENTUK SANKSI DI BIDANG KEPEGAWAIAN?
Full text linkIn the civil servant management system, developed on the basis of merit system, any official can be at any time be transferred, promoted or demoted. In practice this option may and have often been misused as tool in office politics to remove troublesome civil servant. From the civil servant’s perspective, the options open are either comply or decline the standing order and face the consequence of disciplinary sanction. This article shall discuss, using a legal/juridical normative method, legal aspects of this management tool. The aim is to propose a guidance for civil servants on how to deal with orders of transfer or motion/demotion
DISPENSASI KAWIN AKIBAT HAMIL DI LUAR PERKAWINAN DAN DAMPAKNYA PADA FORMULASI PIDANA ZINA
Full text linkData shows a high number of under-age or child marriages Indonesia. A related phenomenon is number of dispensation requested to the court to conduct marriage in case one or both couples are under age. Reason for this practice may be escape route from poverty, or as a more common justification to prevent sexual intercourse outside marriage (fornication) considered per se immoral. Meanwhile, drafter of the Indonesian Criminal Code decides to criminalize sexual intercourse outside marriage. The author, using a descriptive analytical approach, suggest that, at the abstract level, a contradiction exist between the rule of allowing the granting of court dispensation and the rule purporting to criminalize sex outside marriage. Dispensation, in the final analysis, may be used to de-criminalize sex between under age couples.
REKAM MEDIS: PENGGUNAAN INFORMASI MEDIS PASIEN DALAM PELAKSANAAN ASAS PERLINDUNGAN PUBLIK
No full textMedical records contain confidential information of patient’s medical condition and treatment given. In the public interest or for the sake of law enforcement, the confidentiality of medical records may be breached. Stake holders (patients, health workers and law enforcers) should take cognizance of what procedures and limitation exist when requesting the acquisition of medical records in the public interest. Using a juridical doctrinal method, the prevailing rules and regulation related to medical record and its breach of confidentiality shall be analysed. One important finding is that there is a dire need to seek a balance between satisfying public interest and the protection of patient’s privacy rights
PERBANDINGAN FRANCHISE OFFERING CIRCULAR MENURUT PRANATA HUKUM WARALABA DI INDONESIA DAN AUSTRALIA
Full text linkUsing a comparative law method, this article compares how Indonesian and Australia law on franchise regulates specifically the matter of franchise offering circular. Hopefully this comparison shall not only indicate similarities or differences in both countries approach but more than that reveals what can be learned from the Australian approach to franchise offering circular
NORMA PERSATUAN SEBAGAI BATASAN PERBUATAN PIDANA PENYEBARAN UJARAN KEBENCIAN MELALUI INTERNET
Full text linkThe Law no 11 of 2008 contains a penal rule against spreading hatred by the means of the internet (or digital social media). The enforcement of this penal sanction, due to its vagueness on the meaning of the term hate and spread of hate, consequently result in a public debate on how it impacts on people’s right of free expression. Apparently this vagueness opens up the possibility to limit even suppress freedom of expression. Using a juridical normative approach, this article discusses the leitmotiv of the above penal sanction. The author suggests that the express purpose of this article is to secure the unity and integrity of a pluralistic society.
PROSPEK PERSEROAN PEMEGANG SAHAM TUNGGAL TANPA PERKECUALIAN UNTUK KEMUDAHAN BISNIS
Full text linkAs a general rule, economic enterprises or companies should be established based on the principle of capital association and agreement. In contrast, Law No. 40 of 2007 re. Limited Liability Companies, provide exemptions to both principles. On the basis of this observation the issue discussed in this articles are: (1) why is the exemption provided only for certain forms of economic enterprises or companies; (2) is this exemption to the rule justified, perceived from the principle of equality; and (3) what are the justification for allowing the establishment of a limited liability company with a single investor (sole ownership). Using a juridical doctrinal approach the answer to the above questions are: (1) exemption are granted for state owned companies, established and regulated under public law; (2) the exemption is unjust as it discriminates and allowed for discriminative treatment; and (3) the practice of establishing a limited liability company by a single shareholder is a long standing practice.
ASAS TERBUKA UNTUK UMUM DAN KEHADIRAN FISIK PARA PIHAK DALAM SIDANG DI PENGADILAN NEGERI PASCA PERATURAN MAHKAMAH AGUNG NOMOR 1 TAHUN 2019
Full text linkThe Indonesian Supreme Court, in response to the information era, modernizes the civil procedural rules at the district court level. This is done by issuing Supreme Court Regulation no. 1 of 2019 re. Administration of Justice at Civil Law Courts and Electronic-Court Proceedings. Undoubtedly, modernization of existing rules on the administration of justice is much needed. On the other hand, these changes may violate a number of procedural civil law principles. The author argues, from a civil procedural law perspective, that the above Supreme Court regulation violates the basic principle of transparency of court proceedings and physical attendance at court proceedings.
KAJIAN YURIDIS TERHADAP PERATURAN HUKUM DALAM ASPEK TRANSPARANSI TERHADAP RISIKO PADA LAYANAN PRIORITY BANKING
No full textOne of the new and innovative products offered in context of priority banking services is investment products. This research shall have a look at the transparency aspect of the risk management of this particular bank product offered to priority customers and will be conducted by a juridical normative method. In addition, the author also interviewed a number of key informants working in the banking industry at Bandung. The legal analysis conducted shows that while quite a number of rules and regulation in regard to risk management of bank investment products exist and are put in place, what it lacks, in terms of customer protection, is transparency
PENATAAN ULANG KEWENANGAN PENYIDIKAN DAN PENUNTUTAN DALAM PENEGAKAN HUKUM PELANGGARAN HAM BERAT
Full text linkThis article discusses the problems encountered in the preliminary court proceeding of gross human right violation cases in Indonesia. Identified are two state institutions, i.e. the National Human Right Commission and the Attorney General, who possess the authority to initiate investigation and subsequent successful prosecution of gross human right violation cases. Good cooperation and relation between these two agencies is therefore a must. This article looks into the problems encountered by these two institutions in doing the preliminary process and discusses possible redistribution of these two state agency authorities. To do this a doctrinal approach will be used
PEER TO PEER LENDING DI INDONESIA DAN BEBERAPA PERMASALAHANNYA
No full textPeer to peer lending has developed into a new investment measure providing solution for middle and small business enterprises in Indonesia, i.e., to obtain loan without collateral. However, the business enterprise providing the platform for peer to peer lending (websites or other apps), connecting would be lenders and borrowers, almost always puts into the service agreement a disclaimer stating that it would not be held liable in case of default. Using a juridical dogmatic approach, the author discusses the existence of such disclaimers from the viewpoint of consumer protection. The main argument put forward here is that the business enterprise providing this service cannot and should not shy away from bearing responsibility in protecting the consumer, i.e. those that provide loans