Veritas et Justitia
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INTERVENSI YUDISIAL DALAM ISU HUBUNGAN PUSAT–DAERAH: STUDI TERHADAP PRAKTIK MAHKAMAH KONSTITUSI
Full text linkThe legal issue to be discussed in this article is the involvement of the Constitutional Court in adjudicating issues concerning the relationship between national – local government in general, and the distribution of power to the local government in particular. To be more specific, this article will criticise by delivering a casenote over the Constitutional Court decisions, i.e. Decision Number 87/PUU-XIII/2015, Decision Number 137/PUU-XIII/2015, Decision Number 30/PUU-XIV/2016 and Decision Number 56/PUU-XIV/2016. The casenote will notify the need to a deeper conceptual understanding of the differences between unitary State and federalism principles and its implication in giving prescriptions. This is a response to the Constitutional Court’s judicial opinion which tends weightier to federalism, instead of unitary State principle. According to this situation, it is recommended that the Constitutional Court should not review the constitutionality of laws which contain the legal issues concerning the relationship between national – local government in general, and the distribution of power to the local government in particular. This article uses conceptual and comparative approaches
PEMENUHAN HAK ANAK DI INDONESIA MELALUI PERENCANAAN PENGASUHAN, PENGASUHAN TUNGGAL DAN PENGASUHAN BERSAMA
Full text linkIn many countries, joint custody has replaced and is considered better than sole custody. It is also deemed more in line with the gender equality principle which demands both parents to share responsibility for the custody and care of the child post-divorce. This article discusses how judges in divorce cases decide on child custody, and the extent to which they consider the merits of joint or sole custody and demand divorcees to consider making a parenting plan in the best interest of their children. Qualitative data is collected from the District Court and Religious Court at Semarang and by analysing 4 court decisions regarding child custody. Interestingly, none of the Courts above possess or implements a policy or have some procedural ruling obligating judges in divorce cases to demand parents to consider joint custody or making a parenting plan post-divorce. Obligatory pre-trial mediation is geared more as a procedural-formalistic attempt to dissuade parties to continue with divorce
TANTANGAN DALAM PENYELENGGARAAN PELAYANAN PUBLIK YANG EFEKTIF PADA PANDEMI COVID 19
Full text linkState or government affairs shall be conducted in accordance with the principles of good governance. This is considered a must in normal times and more so when the government have to deal with the COVID-19 pandemic. This general obligation is also in line with the theory proposed by Muchsan about the welfare state and the government’s obligation to provide public services. But reality shows a different picture. The Indonesian government seems to fail in providing good and reliable services in health care, public transport, social assistance, economy, and security. One solution proposed is to appoint a person in charge of managing public complaints. The expectation is that this will empower the public, raise public awareness and increase government capacity to provide for public services
MAKNA MEDIASI DALAM UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA
Full text linkArt. 95(4) Law No. 28 of 2014 re. Copyright determines that mediation should be the preferred choice to settle copyright disputes, including those that relates to piracy and plagiarism. The issue to be discussed here is what would the legal consequence be in case this alternative dispute settlement is not utilized by disputants. This problem will be discussed using a juridical normative approach. Here, mediation is understood in the context of Law No. 30 of 1999 re. Arbitration and Alternative Dispute Settlement and Supreme Court Regulation No. 1 of 2016 re. Mediation Procedure in Court Proceedings. The main finding of this legal research is that mediation, by law, should be offered in court or may be used out of court at any time by disputants, in civil dispute (claim for compensation) as well in criminal cases. Non utilisation does not have as consequence the cessation of existing court proceedings
PEMBERLAKUAN KETENTUAN PASAL 21 UNDANG-UNDANG NOMOR 30 TAHUN 2014 DALAM PENANGANAN KORUPSI
Full text linkThis research departs from the author’s observation that Indonesian government officials are currently very wary and worried being criminally charged for corruption and at the same time brought before the administrative court for abuse of power. The main question here is whether the possibility of being brought before the Administrative Court may or may not have positive effect. The main finding, using a legal normative approach, is that the final decision on the issue, whether there is abuse of power or not, as decided by the Administrative Court, would be important in proving disproving, the corruption charge brought before the criminal court.
MEKANISME LEGISLATIVE REVIEW PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG DALAM PERSPEKTIF POLITIK HUKUM
Full text linkWith the issuance of Constitutional Court decision No. 138/PUU-VII/2009, a legal conflict arises between the Parliament and Constitutional Court, regarding which state institution possess the authority to review any Government Regulation in lieu of Law. Both institutions declared themselves to be having the sole authority to do just that. The author, using a juridical normative approach, suggest otherwise. In the auhtor’s opinion, it is the Parliament who should be regarded as having the sole authority. This said taking into consideration that – as soon as the emergency justifung the issuance of the government regulation in lieu of legislation ends – both the government and the parliament shall as soon as possible convene to determine whether this government regulation should be declared null and void or elevated to the status of Law
IMPLIKASI YURIDIS TRANSFORMASI UNIT SYARIAH PERUSAHAAN ASURANSI/REASURANSI KE DALAM PERUSAHAAN ASURANSI/REASURANSI SYARIAH
Full text linkIn this article the author examines the juridical implications of transforming Units of Insurance/Reinsurance Company into Sharia Insurance/Reinsurance Company. It peruses two different models, the pure model, and the acquisition model. Both have its own strong and weak points. The pure models show its strongest point in being simpler about Sharia compliance. Its weakness, however, is the requirement of priory obtaining permit in principle and business permits. In contrast, the superiority of the acquisition model lies in its simplicity of licensing and conversion permits. Its disadvantage is in the complexity of contract conversion. Regarding assets and liabilities, strict adherence to the Sharia principles, voluntarisms, and avoidance of the mixing of halal and haram, is a pre-requisit
ASPEK HUKUM PENAWARAN UMUM EFEK SECARA ELEKTRONIK
Full text linkThe main issue discussed here, using a juridical normative method, regards the legal validity and implementation of, and legal protection given to investors, found in the Financial Services Authority Regulation No. 41/POJK.04/2020 re. Electronic Public Offering of Equity, Debt Securities and/or Syaria’ Undivided Share. Important to note is the fact that the Financial Services Authority is established by virtue of Law No. 21 of 2011 to replace and take over the functions of the Capital Market and Financial Institution Supervisory Agency and the Central Bank in regulating and supervising Indonesian Banks and Capital Markets and lastly protect consumers in the financial services industry. Here should also mentioned the fact that the Capital Market Law (No. 8/1995) and its implementing regulations has yet to respond to how advances in information technology can be utilized to regulate-control and supervise public offering of shares or equity in the Capital Market
DAMPAK PANDEMI COVID-19 TERHADAP PERCERAIAN YANG DIAJUKAN OLEH PIHAK ISTERI DI INDONESIA
No full textThe protracted pandemic caused by Covid-19 pandemic apparently, as observed in several regions in Indonesia, caused a significant increase in number of divorces initiated by women. In this paper, the author seeks to analyse this socio-legal phenomenon in comparison to similar situation occuring in other countries. Using a juridical-sociological and comparative law approach, the author seeks to identify what factors determines the decision to file a divorce and to what extent the Pandemi, significantly impacting macro economic as well as family economics influence the existing divorce rate
DUALISME KETENTUAN COST RECOVERY SEBAGAI DASAR PUNGUTAN NEGARA PADA INDUSTRI HULU MIGAS
Full text linkThis article traces and describes the changes made from time to time, to the calculation and determination of government share, as obtained from corporate revenues and tax deducted based on Production Sharing Contract, as used in the Indonesian natural gas and oil sector. Qualitative data is gathered by performing a legal audit and literature review. The issue discussed here is the disagreement existing between the government and contractor regarding the calculation of recoverable cost (based on the Production Sharing Contract) and amount of corporate income tax imposed based on the prevailing tax law. Based on the review of legal materials and literature, the recommended action is to harmonize these two different tax-revenue schemes