Veritas et Justitia
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VERPLICHTE PROCUREURSTELLING UNTUK PERADILAN YANG SEDERHANA, CEPAT, DAN BIAYA RINGAN
Full text linkCivil law suits according to law should be performed in a simple, quick, cost efficient manner. Notwithstanding that, it is generally known that the procedure of filing and completing a civil law suit is not as easy as it seems. Understandably even the Civil Procedural Law made specifically for the Indonesian population (Het Herziene Indonesich Reglement) made available the ruling that parties may appoint legal counsel to represent them before court. The author addresses this practice before Indonesian civil court. Data was collected through observation and interviews. One finding is that almost 90% of all civil court cases registered involves the use of legal counsels
PERKEMBANGAN DELIK ZINA DALAM YURISPRUDENSI HUKUM PIDANA
Full text linkThis article examines the concept of adultery as regulated in Article 284 of the Criminal Code. Behind this penal ruling is the intention to protect the sanctity of marriage contracts. Outside the purview of this article is extra marital sex. The author main argument is that Judges using their authority to extract and formula existing unwritten society’s appraisal and judgment on extra-marital sex. The purpose of which is to make possible penalization of couples considering guilty of committing extra marital sex. A study of existing laws and regulations, plus relevant court judgments will be undertaken, to explore the possibility of changing and extending the concept of zina (adultery) to encompass also extra-marital sex
AKIBAT HUKUM WANPRESTASI DAN TANGGUNG JAWAB PARA PIHAK DALAM TRANSAKSI ANJAK PIUTANG
Full text linkIn this article, using a juridical-normative approach, the author discusses legal issues stemming from the breach of two interlocking contracts: supplier agreement and factoring agreement. To be analysed is the legal relationship of all parties in the case of breach of contract or worse bankruptcy of the supplier. Issues to be raised in particular concerns who in the case of breach of contract will in the end possess the right to demand payment of outstanding debts and who bear the (legal and financial) risk in the worst case scenario: bankruptcy of buyer
LEGAL STATUS OF DOWRIES PROVISION BY THIRD PARTIES
Full text linkThis article discusses the issue of the legal validity of marriage contract in the case dowry is paid by a third party. Legal analysis will be performed on the legal principles and regulations found in The Law Number 1 Year 1974 on Marriage, The Compilation of Islamic Law and sources in Islamic Law . One important finding is does not forbid the payment of dowry by a third party and that this practice does not affect the validity of the marriage contract
CONCRETISATION OF THE PRINCIPLE OF SUSTAINABLE FINANCE IN THE BANKING SECTOR LEGISLATION IN INDONESIA: LON FULLER EIGHT DESIDERATA APPROACH
Full text linkThis article aims is to explores an issue where Sustainable finance itself is a form of embodiment in Article 33 paragraph (4) of the 1945 Constitution of the Republic of Indonesia that the national economy is organized based on several principles, one of which is sustainable principles by maintaining a balance and unity of the national economy. Thus Article 33 paragraph (4) of the 1945 Constitution of the Republic of Indonesia is a juridical basis of sustainable finance that promotes a sustainable financial system. The research methodology was an integration of empirical juridical research methods and interpretation of the normative method results. The results indicated that with the involvement of banks in implementing sustainable finance, banks must be selective in granting credit to debtors by setting conditions that are following bank policies. Because basically, sustainable finance activities do not harm the community, it creates justice for the community based on the constitutional rights of citizens to get a decent life. In the concept of sustainable finance, economic sustainability includes several criteria in carrying out credit risk analysis, including sustainability of resources, the sustainability of results and sustainability of the business
KEABSAHAN ALASAN PENOLAKAN REPUBLIK RAKYAT TIONGKOK TERHADAP PUTUSAN PERMANENT COURT ARBITRATION ATAS SENGKETA KLAIM WILAYAH LAUT CINA SELATAN ANTARA PHILIPINA DAN REPUBLIK RAKYAT TIONGKOK BERDASARKAN HUKUM INTERNASIONAL
Full text linkThis articles shall discuss the arguments made by the People’s Republic of China in rejecting the Permanent Court of Arbitration’s decision made under the UNCLOS 1982 and which should be regarded as final and binding. The main question is whether the arguments put forward are valid according to international public law, especially in light of the UNCLOS and the general principles of international law regulating dispute settlements and territorial claims. A legal audit, a juridical dogmatic approach, shall be utilized here. The author concludes that not one rule or principles of international law seems to support the arguments made by the PRC in rejecting the validity of the Arbitration’s decision
FUNGSIONALISASI PASAL 44 KUHP DALAM PENYIDIKAN TINDAK PIDANA PEMBUNUHAN (SUATU RE-ORIENTASI & RE-EVALUASI MENUJU REFORMULASI)
Full text linkUncertainty with regard to the proper implementation of Article 44 of the Criminal Code is to be discussed. In legal practice, the existence of mental disorder in those who are accused of murder or homicide will be made dependent on the decision of psychiatrist (authorized to conduct forensic psychology or psychiatry). In the case that such mental disorder is determined to be existing during a pre-trial hearing, the court is under no obligation to order cessation of the criminal proceeding. It is noted that in a number of cases the decision to terminate investigation or cease court proceeding falls completely under the Judge discretionary power. The author’s recommendation is that a reformulation of Art. 44 of the Criminal Code is in order
PELAYANAN PUBLIK BERBASIS ELEKTRONIK DAN PERILAKU ANTI KORUPSI
Full text linkAdvancement in the information and communication technology make possible the development of e-government. The Indonesian government already grasped the opportunity to develop its own e-government system in providing public services. The obvious intent is to increase the quality of public service provision by the bureaucracy. This is hoped to be achieved by securing transparency and accountability of public officials. It is also to be expected that e-governance will be able to eradicate or at least decrease the possibility of corruptive behaviour. Unfortunately, fact speaks differently. Cases to be analysed here are: corruption committed by public officials working at the Investment and One Stop Service Office of the Bandung Municipality and those performed by public officials managing e-procurement services. In particular, this article shall discuss the issue how to develop e-government as to better at eradicating and preventing corruption by public officials
DISIPLIN SUBSIDI PERIKANAN DALAM SISTEM PERDAGANGAN GLOBAL DAN IMPLIKASINYA BAGI PERIKANAN INDONESIA
Full text linkGovernment policies providing financial aid to small and medium scale business enterprises are found everywhere around the globe, including those that is managed by Indonesia, and is allowed under the world trade arrangement managed by the WTO. An important part of this policy is subsidies made available to fishing businesses. Be that as it may, overfishing and the resulting fish stock crisis globally has made the practice of subsidizing marine fishing enterprises suspect in light of marine environment protection. This article discusses the issues of fishing subsidies as practiced in Indonesia in view of the current regime of economic law and the need to develop a sustainable fishing practices
INDONESIAN REGULATORY SYSTEM TOWARDS OWNERSHIP OF EXPLOSIVE DEVICES BY CIVILIANS
No full textIndonesia possessed laws and regulation concerning the acquisition, distribution and use of armed weapons and explosive devices. A number of incidents, however, show a faulty monitoring system. Terrorist groups involved in the Surabaya bombing this year has been known to use triaseton triperoxide also known as the mother of Satan (mos), commonly used by ISIS. This fact shows a weakness in the monitoring or supervisory system put in place to control the use of armed weapons and explosive devices. In this article, the author shall discuss, using a normative-empirical juridical approach, to what extent the prevailing national law has been synchronized with the existing international convention regulating the acquisition and use of armed weapons and explosive materials or devices