Veritas et Justitia
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IMPLEMENTATION OF THE MONTREAL CONVENTION IN INDONESIA’S AND AUSTRALIA’S AIR TRANSPORT LAWS ON CARRIER’S LIABILITY
Full text linkThe Montreal Convention of 1999 establishes the legal responsibilities of carriers on international flights and has been ratified by numerous countries, including Indonesia and Australia. However, unlike Australia, Indonesia has yet to update its laws and regulations to align with the Convention’s provisions on carrier liability. This legislative gap may result in significant losses for air transportation service users who experience damages from aircraft accidents. This research examines the extent to which the liability provisions of the Montreal Convention have been incorporated into the national legal frameworks of Indonesia and Australia. The analysis employs three methodological approaches: statutory analysis, conceptual examination, and comparative study. The findings highlight the need for Indonesia to amend its regulations on carriers’ limited liability to comply with the standards set by the Montreal Convention, considering Australia’s best practices in its legal framework
KEBIJAKAN FORMULATIF TINDAK PIDANA DI BIDANG PERLINDUNGAN MANGROVE BERBASIS KONSERVASI EKOSISTEM PESISIR
Full text linkIndonesia boasts extensive mangrove forests spanning over three million hectares, yet these are steadily declining due to harmful activities such as deforestation and land degradation. As a shoreside ecosystem, mangroves in seaside zones are also threatened by destructive management practices in coastal areas and on islands. This research analyzes Indonesia’s current criminal (formulative) policy regarding offences against mangrove conservation as part of offshore ecosystems and proposes a sustainable, approach-based formulative policy to promote mangrove sustainability in Indonesia’s coastal zones. This is doctrinal legal research, wherein the proposed legal issues are analyzed using both statutory and conceptual approaches. The findings indicate that the formulative policy regarding offences against mangrove conservation, specifically Article 73 paragraph (1) letter b and paragraph (2) of Law Number 1 of 2014 concerning Amendments to Law Number 27 of 2007 on Management of Coastal Areas and Small Islands, does not align with the sustainability principle that underpins coastal ecosystem conservation, including mangroves. The study highlights the need to amend the policy by explicitly incorporating corporate criminal liability and reconstructing the sentencing framework based on restorative justice and deterrence theory. These changes aim to strengthen criminal law as a last resort (‘ultimum remedium’) for protecting mangrove sustainability and conserving coastal ecosystems.
ANALISIS SYARAT ADMINISTRATIF PROSES PEWARGANEGARAAN DI INDONESIA DALAM PERSPEKTIF PELAYANAN PUBLIK
Full text linkIndonesia’s citizenship system offers three distinct pathways for applicants, each with unique administrative processes. These variations impact the agencies involved, the associated costs, and the implementation of citizenship procedures. This research aims to examine the differences in administrative requirements within Indonesia’s citizenship framework from a public policy perspective, as outlined in Law Number 25 of 2009 concerning Public Services. The analysis employs a juridical-normative approach to explain the administrative prerequisites for obtaining Indonesian citizenship. The findings highlight the need for transformative measures under Law Number 12 of 2006 concerning Citizenship, particularly by enhancing coordination among ministries and agencies to deliver more effective and efficient citizenship services
KELEMBAGAAN DAN KEWENANGAN PENGADILAN NIAGA TENTANG UPAYA HUKUM KEBERATAN TERHADAP PUTUSAN KOMISI PENGAWAS PERSAINGAN USAHA
Full text linkArticle 24A (5) of the 1945 Constitution regulates the composition, position, membership, and procedural law of the Supreme Court and subordinate judicial bodies. Initially limited to bankruptcy, postponement of debt payment obligations (PKPU), and commercial matters by Law Number 37 of 2004, the jurisdiction of the Commercial Court has expanded through other laws. This expansion raises two key issues: (1) The need for legal remedies for objections to decisions of the Competition Supervisory Commission (KPPU), and (2) The competence of the Commercial Court to address these objections. This research uses a normative juridical method, suggesting that legal remedies for objections to KPPU decisions should be regulated in a separate law, addressing decisions from institutions beyond the judiciary’s jurisdiction. The procedural aspects for contesting KPPU decisions, outlined in Article 45 of the Omnibus Law Number 6 of 2023, should first be determined within the competence of the Commercial Court as regulated by law. The current institutional arrangements and authority of the Commercial Court, as outlined in the Bankruptcy and PKPU Laws and laws on Intellectual Property Rights, should be revised through a dedicated Law on Commercial Courts. This law should define the court\u27s structure, powers, procedural rules, and set time limits and sanctions for case resolution at both the Commercial Court and the Supreme Court
REACHING SDG TARGET 14.4 BY ESTABLISHING PROVISIONAL ARRANGEMENTS FOR LAW ENFORCEMENT OPERATION
Full text linkThe research article argues that establishing provisional arrangements for law enforcement operations in overlapping maritime claims areas could be a viable option for claimant states to suppress illegal, unreported, and unregulated fishing (IUUF), which hinders progress toward achieving Sustainable Development Goal (SDG) Target 14.4. This target emphasizes sustainable fishing practices, marine life protection, and effective fish population management, aiming to prevent overfishing, reduce harmful fishing techniques, and ensure the sustainability of fish stocks. Under the 1982 UN Convention on the Law of the Sea, provisional arrangements for law enforcement operations can provide a practical framework for claimant states to conduct joint efforts, pending and without prejudice to the final resolution of overlapping maritime claims. To substantiate this argument, the article employs a juridical normative legal research method to: analyze the connection between SDG Target 14.4 and IUUF, which may impede progress toward the goal; examine the challenges of enforcing laws in overlapping maritime claims areas, including the factors contributing to IUUF in such contexts; and assess the potential impact of provisional arrangements for law enforcement on suppressing IUUF and advancing the achievement of SDG Target 14.4. The study highlights that these arrangements could serve as a collaborative interim solution, promoting sustainable development and marine ecosystem conservation while territorial disputes remain unresolved
KAJIAN TERHADAP TUJUAN FILOSOFIS DAN REALITAS LEMBAGA NEGARA INDEPENDEN DI INDONESIA
Full text linkThe establishment of independent state agencies in Indonesia represents efforts to reform and restructure the government in accordance with the mandates of constitutional amendments. These institutions are envisioned to embody the ideals of reform, with high expectations placed on their independence. However, in practice, independent state institutions often face challenges, including issues with performance and accountability, raising fundamental questions about their primary purpose and role within Indonesia\u27s constitutional framework. This study seeks to examine the objectives behind the formation of independent state institutions, their implementation, and their contribution to the constitutional system in Indonesia. Using a normative juridical method with legislative and historical approaches, the research highlights the philosophical values underpinning these institutions. The findings emphasize that their primary purpose is to act as instruments for advancing democracy. However, this role must align with principles of accountability and transparency to the public. Without these principles, independent state institutions risk becoming dependent on other state powers, as observed in cases involving institutions like the Corruption Eradication Commission/KPK. Moreover, persistent challenges, such as legal product controversies involving the General Election Commission/KPU and Indonesian Financial Services Authority/OJK, underscore the need for improved governance and openness to fulfill their intended role effectively
INDONESIA\u27S FUTURE ACTING PRESIDENCY: MAINTAINING OR REPLACING THE NEW ORDER LEGACY
Full text linkThe interim president anticipates the vacancy of the office of president and vice president; Indonesia calls it ‘pelaksana tugas kepresidenan’, which is filled by the minister of home affairs, foreign affairs, and minister of defense. This article explores the two actors (bureaucrats and legitimacy) who become interim presidents in the constitutions of the world\u27s countries. Next, the Indonesian arrangement and accompanying problems in the 1945 Constitution will be reviewed. This article is aided by a doctrinal research method with historical, legislative, and comparative constitutional approaches. Indonesia has its peculiarities compared to the constitutions of world countries because it applies a compound position as interim President adopted from the New Order legal products (Tap MPR VII/1973) without going through a decontextualisation process, so it still applies the old features (bureaucratic actors) with compound/collegial executive positions in the new constitutional structure that seeks to purify the presidential system. In addition, there are conditions that the 1945 Constitution still cannot resolve and that cause paralysis of governance. This article offers one solution—which could alleviate two specific problems simultaneously—and that is to make the Speaker of the House of Representatives (DPR) the acting President of the future.
OTORITAS AHLI WARIS DENGAN MASALAH KEJIWAAN TERHADAP HARTA WARISAN DALAM PERSPEKTIF HUKUM ISLAM
Full text linkThis study examines the obligations and authority of heirs with psychiatric conditions in managing their inheritance from the perspective of Islamic inheritance law. It addresses the issue of heirs with psychiatric problems, who are often assumed capable of fulfilling their obligations and managing their inheritance. Such heirs are frequently equated with children or individuals with severe mental illness, who typically rely on family assistance. The study explores two main legal issues: (1) the applicability of heirs\u27 obligations under the Compilation of Islamic Laws (KHI) to those with psychiatric conditions, and (2) their authority to manage their inherited property under Islamic inheritance principles. Using socio-legal research methods—including statutory, conceptual, and comparative approaches—the study finds that heirs with psychiatric conditions can bear obligations under KHI as they are considered ahliyah al-ada (legally capable). Their obligations primarily pertain to the transfer of inheritance, which they can perform. Regarding the management of their inheritance, such authority is granted if they can make rational decisions, particularly in cases of episodic or relapsing psychiatric disorders with non-continuous symptoms. However, in cases of permanent, continuous, and incurable mental disorders, these heirs are placed under the oversight of a supported decision-making system
MISKLASIFIKASI HUBUNGAN KERJA PENGEMUDI OJEK ONLINE (PLATFORM WORKER) DI INDONESIA
Full text linkTechnological developments through digital platforms have created a new work ecosystem, allowing platform workers, such as online motorcycle drivers in Indonesia, to affiliate with various companies to provide transportation services. However, despite these advances, online riders have not received adequate rights protection as ‘workers’ because their status is limited to ‘partners’ (independent contractors) under the Partnership Agreement they sign. This article uses a normative approach to examine how legal developments in Indonesia can classify and protect online riders as workers under employment laws. A comparative approach is employed, referencing policies in Europe, particularly Spain and the European Union, which have been more progressive in interpreting employment relationships for platform workers. The research finds that legal reforms in Indonesia still inadequately protect online riders’ labor rights due to narrow interpretations of employment relationships that fail to keep pace with current developments
ALGORITMA DALAM PRAKTIK PENEMUAN HUKUM MODERN
Full text linkA defining characteristic of modern society is its reliance on general rules and regulations that derive legitimacy from scientific methods and findings, instead of customs or tradition. These rules are not typically enacted by individuals such as kings or priests with divine or prescriptive authority but are instead guided by rational and impersonal principles developed by "experts." Consequently, the modernization of law has involved leveraging scientific and technological advancements, such as the use of algorithms, to develop and improve legal systems. The evolution of legal systems is closely linked to the lawmaking process, often shaped by various legal professionals, particularly judges. This research explores the application of computational algorithms in the lawmaking process, focusing on their accountability and practical implementation. Additionally, it investigates whether legal decisions produced by algorithms can be rationally accepted as embodying "justice" when applied in judicial verdicts. This study employs a normative legal research methodology with an interdisciplinary doctrinal approach to address these questions