Veritas et Justitia
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PERAN AHLI JIWA DALAM PEMBUKTIAN TINDAK PIDANA KEKERASAN PSIKIS DALAM RUMAH TANGGA
Full text linkDomestic psychic violence can be experienced by everyone, including children, wives, husbands, and others. As a material offense on domestic psychic violence, the elements resulting from psychological trauma must be proven. Therefore, the intervention of forensic psychologists and forensic psychiatrists is very important in cases of domestic psychic violence. The differences in the competence of psychologists and psychiatrists as well as the prospective roles of both professions in proving cases are the focus of the problems being studied. A normative legal research method with descriptive qualitative data analysis was employed in this research. The results showed that the existence of forensic psychologists and forensic psychiatrists is very important for finding material truths that can be scientifically tested in cases of domestic psychic violence. As evidence for letters and/or expert reports, the assessment results of forensic psychologists and forensic psychiatrists have accurate evidentiary value in forming a judge\u27s conviction. This paper ends with a recommendation that as a form of protection for domestic violence victims, the role of psychologists and/or psychiatrists should be optimized, both in the pre-adjudication, and adjudication phases. In addition, considering the balanced position between psychologists and psychiatrists in law enforcement, this should not create jealousy and unhealthy competition between the two professions
PAJAK PENGHASILAN BAGI OVER-THE-TOP DI INDONESIA: SEBUAH PELUANG DAN TANTANGAN
Full text linkOver-the-Top (OTT) is a form of information technology innovation that is growing very rapidly, including in Indonesia as one of the largest OTT market country. OTT can earn income from users in Indonesia, while the right to tax this income cannot be imposed in Indonesia because OTT generally operates across national borders and does not have a permanent establishment in Indonesia. Therefore, it is necessary to consider income tax arrangements for OTT operating in Indonesia to provide legal certainty. This paper focuses on discussing the positive legal provisions of Income Tax that apply to OTT operating in Indonesia and the implementation of each of these regulations in the current era of economic digitalization. The author uses a normative juridical research method with a qualitative research approach. Based on this research, it is known that the provision of Income Tax for OTT does not yet exist, therefore the Government of Indonesia needs to design a national tax law that is able to accommodate income tax for OTT
KETIDAKPASTIAN GLOBAL DAN TANGGAPAN PENDIDIKAN TINGGI HUKUM
Full text linkThis article is a commentary to President Joko Widodo’s message in a speech given at the celebration of the UNPAR’s dies natalis in 2022, i.e. that manager of higher education institutions should adequately anticipate global uncertainty caused by the advance of industrial society 4.0 and the resulting technological disruptions. The comments given is made based on two different perspectives: legal scholars or academics n and practicing lawyers. In any case, those responsible for the management of higher education should respond to global uncertainty by developing skills to manage big data and other strategic steps.
HIPOKRISI PARLEMEN DALAM FORMULASI TINDAK PIDANA POLITIK UANG PADA PEMILIHAN KEPALA DAERAH
Full text linkThis research reveals a hypothesis that there is vested interest on regulating law in the house of representative regarding Law No. 1/2015 article 73 in term of money politics which is conducted by regional head candidate and analyze legal efforts that can be done to cope such issue. Although the law has been revised for three times, lastly by Law No.6/2020, yet regulation record that the house of representative persists ‘to protect’ its interest on regional head election is traceable. This research shows an understanding to society and stakeholders especially in the field of general election regarding lawmaking which deviates from penal policy theory. This research focuses on how legislation design on formulating Article 73 of Law No.1/2015 so it becomes non-exectubale norm? Theory of Postmodern Criminology is utilized to divulge political agenda of Article 73 of Law No.1/2015. This research is a research regarding a norm which relies heavily on secondary data. The result of the research proves that there is a consistent effort from the parliament ‘to secure’ legislation process so article 73 cannot be implemented. Parliament intentionally and systematically has made article 73, particularly that related to money politic which may lead to disqualification, hard to be enforced
KRITERIA KRIMINALISASI: ANALISIS PEMIKIRAN MOELJATNO, SUDARTO, THEO DE ROOS, DAN IRIS HAENEN
Full text linkIn criminal law, “criminalization” is defined as a process of determining certain conduct as a criminal offense through legislation. This doctrinal legal research article describes and analyzes the criteria for criminalization as promulgated by Moeljatno, Sudarto, Theo de Roos, and Iris Haenen. Moeljatno’s criteria are: 1) the conduct is harmful to the public, 2) criminalization is the primary means to deter the harmful conduct, and 3) the government’s ability to effectively enforce the criminal provision. Sudarto promulgates three criteria: 1) harmfulness of the conduct, 2) cost and benefit analysis, and 3) law enforcement burden. Furthermore, Theo de Roos’ six criteria are: 1) feasibility and motivation of harm, 2) tolerance, 3) subsidiarity, 4) proportionality, 5) legality, and 6) practical applicability and effectiveness. Lastly, based on de Roos’ typology Iris Haenen formulates three criteria: 1) primary criteria, which contains “threshold principles”: the conduct must be a) harmful and b) wrongful, 2) secondary criteria, which contains “moderating principles”: proportionality, subsidiarity, and effectiveness, and 3) legality criterion (lex certa). The criteria for criminalization can be employed by the legislators and general public in scrutinizing the feasibility of criminalization of a conduct, to ensure that only the conducts which meet all the criteria that can be criminalized. Only by doing so will the practice of criminalization adhere to the ultimum remedium principle and deter unnecessary criminalization and overcriminalization
THE INDIVIDUAL AND THE PROPERTY IN VIRTUAL WORLDS
Full text linkVirtual reality and augmented reality have the potential to change the economy and society as much as the internet once did. In AR, virtual objects mix with real environments and objects. In virtual reality environments, people will move around using avatars and using virtual objects and individualise their virtual spaces with virtual artworks. However, the integration of humans into virtual and semi-virtual environments also leads to an intensification of problems connected with the relationship of the individual to technology and powerful platforms. The person integrated into virtual worlds will be under far closer observation and influence by platform operators than today\u27s internet user. This must have consequences for the legal protection of personality. In addition, questions arise about the extension of personality rights to the virtual existence of the individual and to the question of the legal protection of objects used by the individual in his or her virtual environment. The article discusses some aspects from the perspective of the German law
AKIBAT HUKUM DAN KEKABURAN NORMA DALAM PENGATURAN UNDANG-UNDANG TENTANG TANGGUNG JAWAB SOSIAL PERSEROAN TERBATAS
Full text linkLimited Liability Companies in Indonesia, under the applicable law (Law 40/2007 and PP 47/2021), are under the obligation to realize its corporate social responsibility. The idea of CSR is to force the company to make it presence felt beneficially by the local community and wider society. Unfortunately, not all companies are willing and able to meet its corporate social responsibility, or even if they chose to do so, proportionality is disregard. This paper, using Rudolph von Jhering\u27s point of view, explores and identifies what legal or non-legal factors hinders the implementation of CSR
URGENSI HUKUM WARIS NASIONAL SETELAH BERLAKUNYA UNDANG-UNDANG NO.23 TAHUN 2006 TENTANG ADMINISTRASI KEPENDUDUKAN
Full text linkInheritance Law is the only area of law that still applies different laws for Indonesian citizens with varying groups as regulated in Articles 131 and 163 of the Indische Staats regeling. With the enactment of Law Number 23 Year 2006 concerning Population Administration (UU Adminduk), in Article 106 all Staatsblads regulating the classification of residents in the Birth Certificate are revoked, so that since such Law came into effect, there were no more instructions in the Birth Certificate regarding the classification of an Indonesian citizen. This has had a significant impact on the enforcement of the Inheritance Law, which is still enforce based on the classification of the resident groups. This paper uses a normative juridical approach, so that the urgency of the formation of the National Inheritance Law will be seen from the point of view of legislation, jurisprudence, doctrine and legal literature. Apart from the goal as an independent nation to have a national law, it is also necessary to understand that inheritance law must be formed in accordance with the pluralistic conditions of the Indonesian nation. Raising awareness of the importance of establishing a National Inheritance Law is the aim of this paper, especially as an appreciation of the abolition of population classification by UU Adminduk, and the need for a national law that is in accordance with the spirit of the Indonesian nation, i.e Pancasila
PENGARUH DEKRIT PRESIDEN TERHADAP DEMOKRATISASI DI INDONESIA
Full text linkPresidential Decree (pronouncement) is made in respons to state emergency. The issue discussed here refers to the question who, when and how state emergency occurs justifying the issuance of such pronouncement. A different issue in Indonesia is the impact such pronouncement has on democracy, considering that the decree itself it made, arguably, to save democracy in the first place. This has been experienced by Indonesia when the President issued such decree in the past. In addition, using comparative method, the author looks at the use and experience of other countries and how such approach impact democracy
LEGALITAS PEMERIKSAAN SIDANG PERKARA PIDANA MELALUI MEDIA TELECONFERENCE DI MASA PANDEMI COVID-19
Full text linkAbstractThe focus of this research is to identify regulations governing the implementation of criminal case trials using teleconference media in Indonesia and to analyze the legality of these trials during the COVID-19 pandemic. This research is a normative legal research. Legal materials are obtained through literature study and interviews with legal practitioners, then processed qualitatively. Based on the results, the author obtained two conclusions. First, regulation of criminal case trials using teleconference media in Indonesia has been regulating in several laws in Indonesia. Second, the implementation of the trial during the COVID-19 pandemic, which required the defendant to remain in prison, was contrary to the principle of the defendant\u27s presence at trial as regulated by the Criminal Procedure Code. Besides, the legal-based in the form of a circular cannot override the Criminal Procedure Code. Meanwhile, the legal umbrella in the form of an agreement is not appropriate considering its dimensions are private and only bind the parties. Keywords:criminal trials, teleconference, the COVID-19 pandemic AbstrakFokus pembahasan penelitian ini adalah mengidentifikasi peraturan perundang-undangan yang mengatur pelaksanaan sidang teleconference di Indonesia dan menganalisis legalitas persidangan perkara pidana yang memanfaatkan media teleconference di masa pandemi COVID-19. Penelitian ini merupakan penelitian hukum normatif. Bahan hukum diperoleh melalui studi kepustakaan dan wawancara dengan praktisi hukum yang kemudian diolah secara kualitatif. Berdasarkan hasil penelitian, Penulis memperoleh dua kesimpulan. Pertama, pemeriksaan sidang perkara pidana melalui media teleconference di Indonesia sudah diatur dalam beberapa peraturan perundang-undangan di Indonesia. Kedua, pelaksanaan persidangan tersebut di masa pandemi COVID-19 yang mengharuskan terdakwa tetap berada di Rutan/Lapas bertentangan dengan asas kehadiran terdakwa di persidangan sebagaimana diatur oleh KUHAP. Selain itu, payung hukum berupa surat edaran bukan merupakan peraturan perundang-undangan sehingga tidak dapat mengenyampingkan KUHAP. Sedangkan, payung hukum berupa perjanjian kerja sama tidaklah tepat mengingat dimensinya yang bersifat privat dan hanya mengikat para pihak. Kata Kunci:persidangan pidana, teleconference, pandemi COVID-1